Attorney General Slams Proposed Inquiry Panel as Politicized and Unfit to Probe October 7 Failures
Attorney General Gali Baharav-Miara has issued a blistering legal opinion rejecting a government-backed bill that would establish a new type of commission of inquiry into the failures surrounding the October 7, 2023, Hamas invasion and atrocities, warning that the proposal would undermine any serious effort to uncover the truth.
In an opinion released Sunday, Baharav-Miara argues that the legislation — a private member’s bill introduced by Likud MK Ariel Kallner — should not receive government backing due to what she describes as fundamental and far-reaching flaws. According to the attorney general, the bill would damage the integrity of any investigation and block the possibility of a future, independent inquiry conducted without political interference.
“At issue,” she writes, “is a ‘personal bill,’ that is ‘tailored to the measurements’ of the current government and coalition.”
Baharav-Miara contends that the proposed framework would inject politics directly into the heart of the investigative process. The commission envisioned by the bill, she says, would be shaped by coalition and opposition appointments with almost no standards governing members’ qualifications, creating what she describes as a serious risk that political motives would override professional judgment.
“The proposal politicizes the commission, creates a commission for which there is a real concern that political considerations will override the professional considerations essential to investigating the truth, whose investigative powers are not appropriate for such a panel in the absence of a senior judge at its head, and whose mechanism is cumbersome and will thwart the ability to investigate the truth and draw objective conclusions,” she writes.
Under the bill, the inquiry would be labeled a “state-national” commission, with members selected jointly by the coalition and opposition — a structure the opposition has already pledged to boycott. Baharav-Miara contrasts this with existing law, under which a state commission of inquiry is appointed by the president of the Supreme Court and chaired by a retired Supreme Court justice, a model she views as critical to ensuring independence and credibility.
She further criticizes the origins of the proposal, asserting that it did not emerge from professional legal analysis but from political maneuvering at the highest levels. “It is not the result of professional staff work, but rather of political discourse led by the prime minister and in cooperation with the coalition factions,” she states, warning that this approach would produce a deeply compromised investigative body.
Baharav-Miara also addresses the broader principle at stake, arguing that the scale and gravity of the October 7 catastrophe demand less government influence over an inquiry, not more. Any reform of inquiry mechanisms, she says, should aim “to reduce the dependence of a state commission on the government” in order to strengthen public confidence — not to increase that dependence through a politically constructed panel.
In another sharp criticism, she accuses the bill’s sponsors of exploiting the legislative process by advancing the proposal as a private member’s bill. The move, she says, allows the government to sidestep legal oversight, since government-sponsored legislation requires the attorney general’s approval, while private bills do not. In her view, the bill is meant to “serve the personal, political interests of the government and its members, while abusing the [legislative] pathway of a private member’s bill.”
The attorney general also takes aim at a ministerial committee set to begin discussions on the scope and mandate of the proposed commission, a body chaired by Prime Minister Benjamin Netanyahu. She argues that the committee has no legitimate legal standing, noting that such committees operate only alongside a properly constituted state commission of inquiry under existing law.
“Therefore, there is no place for the government to support the bill,” Baharav-Miara concludes, urging the government instead to follow established legal procedures and create a standard state commission of inquiry to examine the October 7 failures.
{Matzav.com}
