Netanyahu Won't Let Israel's Top Court Stop Him From Taking Control of the Shin Bet

The High Court's ruling against the dismissal of Ronen Bar is an impressive victory – in principle – for those fighting for democracy, but its practical implications are limited. Netanyahu will continue to look for a way to ride roughshod over the rule of law, while creating an alternative reality and continuing to promise that 'total victory' is imminent

May 22nd, 06AM May 22nd, 06AM

The High Court of Justice's ruling in the petitions against Shin Bet chief Ronen Bar's dismissal expressed an impressive victory for the people and organizations still fighting to preserve Israel's democratic nature, given the government's increasing aggressiveness.

However, the practical implications of this ruling are limited. After all, Bar was forced to yield to pressure and announce his resignation, which is scheduled to take effect June 15. Moreover, it's hard to rule out a scenario in which the High Court's ruling leads to a slew of petitions against the next Shin Bet chief's appointment. This would, paradoxically, create a situation in which Prime Minister Benjamin Netanyahu indirectly dictates the appointment of a caretaker Shin Bet chief, thereby maintaining strong influence over the security service for himself.

The judges, in a 2:1 majority, according to a split anticipated in advance, determined that Bar was dismissed unlawfully and that Netanyahu acted while in a conflict-of-interest (as any reasonable citizen understood), and that the loyalty of a Shin Bet chief is to the public, not to a prime minister (Netanyahu is probably shocked by this).

Netanyahu, in an irregular press conference he convened, signalled his intent to escalate the battle against the High Court and Attorney General Gali Baharav-Miara, who hurried to announce that the prime minister should refrain from taking any action to appoint a replacement for Bar. But Netanyahu has already spoken defiantly, even issuing threats, against the justice system in the past. This doesn't mean this will lead to an immediate clash. He may make do with the fact that the court's ruling serves him well with his political base, fueling the perennial sense of persecution and being wronged that has surrounded him.

The ruling will certainly put wind in the sails of the protest movement and the opposition ahead of the continued judicial battle against the government, particularly around the appointment of the next Shin Bet chief. It will also make it difficult for Netanyahu to take more short cuts in the future. One can expect that any decision in this matter will be carefully scrutinized, even if he gives the authority for appointing a chief to a minister who is not in a conflict of interest. Netanyahu may have another outlet – appointing a temporary head of service for a long period of time.

This is what happened in the past with the Israel Police, when Motti Cohen served as a temporary Commissioner for an extended duration, without receiving the permanent appointment. This is very convenient for the government, since it places the temporary replacement – the ostensibly natural candidate is the current deputy chief, S. – in a lengthy period of waiting, with the permanent appointment left to the discretion of the cabinet. In any case, the Shin Bet may be facing a further period of instability, continuing the current stormy period.

It is patently obvious that Netanyahu will not give up his attempt to control the organization through people who are to his liking. Only recently, he examined the possibility of appointing a head of service for 18 months, instead of the usual five years. He has also played with the idea of bringing in someone from outside the organization. He will not concede this influential position easily, despite the blow dealt him by the High Court on Wednesday. At this late stage, the value-driven position of the majority ruling is of no interest to him whatsoever.

Choreographed like North Korea

Wednesday evening's news conference was announced shortly after it became known that the Supreme Court was about to issue its ruling in regard to Shin Bet security service director Ronen Bar. Therefore, it's possible that Prime Minister Benjamin Netanyahu's decision to speak directly to the public rather than to release a carefully staged video resulted from other considerations. One could be generous and suggest it was related to the escalation of Israeli military activities in Gaza, to the difficulties in the hostage negotiations or to the need to explain the capitulation to U.S. pressure regarding the introduction of humanitarian aid into the Strip. But there was likely another incentive: the desire to score easy points by attacking the head of the Democrats party, Maj. Gen. (res.) Yair Golan, in a live broadcast.

Following a recent pattern, this was yet another attempt by the prime minister to stage a crudely choreographed show in the style of North Korea. Unsurprisingly, the Channel 14 News reporter was awarded the right to ask the first question. He began with an emotional speech about the injustice the court had done to Netanyahu. (Channel 12 News made the correct decision to cut away from the live broadcast, albeit belatedly, returning only when the unsolicited questions began.)

Even so, there was something very disturbing about Netanyahu's appearance. When asked about the Qatar affair, he responded with a sweeping denial, rewriting history. Not only is there not a shred of suspicion of corruption against him, he claimed, but also he has always attacked Qatar, and it was the Shin Bet that pushed for payments to Hamas. And the aid itself? Mere pocket change for the poor.

Netanyahu also returned to the preposterous "Trump plan" to "encourage voluntary emigration" of Gazans, which the American president himself has barely mentioned of late. There's a growing impression that the prime minister is simply busy creating an alternative reality for his supporters, who already get most of their news from media outlets under his control.

As for life itself, the term that Netanyahu loves to use, unfortunately there is no news of progress in the hostage and cease-fire talks, nor is the victory that he promised again on Wednesday any closer. More direct and decisive intervention from the Trump administration will be required to get things moving, and this week it primarily focused on getting humanitarian aid into the Strip again, without going on the offensive to advance the hostage deal.