Attorney General Rules Against the Government: The Shin Bet Chief Cannot Be Dismissed

In an unprecedented intervention, the Attorney General announced today that she is blocking the government's ability to dismiss the head of the Shin Bet (Israel Security Agency), Ronen Bar. This is despite the fact that according to law, the dismissal of a Shin Bet chief is carried out through a government decision rather than by the Prime Minister alone.

In a precedent-setting letter, the Attorney General wrote: "It is not possible to initiate a termination process as stated until the factual and legal basis underlying your decision and your ability to deal with the issue at this time are fully clarified." In doing so, the Attorney General is effectively taking away the authority granted by law to the government as a whole – not just the Prime Minister – to make decisions regarding the termination of the Shin Bet chief.

The Attorney General justified her extraordinary decision by citing "the exceptional sensitivity of the matter; its unprecedented nature; concerns that the process is tainted by illegality and conflict of interest," and the surprising determination that "the position of the Shin Bet chief is not a personal position of trust of the Prime Minister."

This is despite the fact that unlike positions such as the Attorney General herself, which have been given special protection in law, the Shin Bet chief is appointed and dismissed by government decision – as part of the basic powers of the executive branch.

This unusual legal intervention raises serious questions about the boundaries of the Attorney General's power vis-à-vis the elected government. Some may point out that this is a precedent-setting determination whereby the Attorney General can preemptively prevent government decisions on matters relating to appointments and dismissals in the security establishment.

The background to this crisis is the government's decision (not just the Prime Minister's) to discuss ending the tenure of the Shin Bet chief. Netanyahu in his announcement stated that "I have decided to bring a draft resolution to the government" – meaning, he clarified that this is a decision requiring approval of the entire government, not his personal decision.