The prime minister and the government on Sunday described the petitions against the firing of Shin Bet chief Ronen Bar as “nonsense” and “lacking legal foundation, an appropriate cause, and a factual basis,” in their response to the motions to the High Court of Justice against Bar’s dismissal.
The response was filed by attorney Zion Amir, who is serving as independent counsel for the respondents since Attorney General Gali Baharav-Miara, who would normally represent the government in court, has opposed the firing of Bar.
Amir wrote in the response that the petitions against the removal of the Shin Bet chief from office are “an attempt to expropriate from the hands of the government of Israel, and by extension from the hands of the public which elected it, its authority and most foundational obligation for the security of the State of Israel and its citizens.”
Amir said the petitions are not seeking proper administrative processes but rather “overturning governmental arrangements” whereby “the judicial branch will take the reins of government from the executive branch,” and, specifically regarding the Shin Bet, in violation of the 2002 law for that institution which specifically gives the prime minister and the government the power to hire and fire the head of the agency.
“The court is not the forum to determine who heads the Shin Bet. It does not have the authority, it does not have the tools, and it does not have the responsibility which stems from these decisions, which are all in the hands of the public through its elected officials,” wrote Amir.
The petitioners against Bar’s dismissal argue that although the prime minister and government have the authority to hire and fire the Shin Bet head, such decisions, like all administrative decisions, are subject to judicial review.
They argue that the decision to fire Bar was a political and personal one due to Prime Minister Benjamin Netanyahu’s frustration with Bar for non-professional reasons, and that the decision was tainted by a conflict of interest for the premier since the Shin Bet is currently conducting an investigation into Netanyahu’s close aides for allegedly doing public relations work for Qatar while working as media advisers for the prime minister.
On Friday, Bar wrote a letter to the High Court claiming that Netanyahu repeatedly demanded he inform the judges in the premier’s criminal trial that the prime minister could not regularly testify in court due to security concerns.
Bar said his refusal to heed Netanyahu’s request was the reason for the breakdown in trust between the two.
In the letter, Bar said he adhered to his job’s requirement that he maintain “professional independence” rather than act out of “personal loyalty” to the premier.
“The head of the Shin Bet is not the trusted servant of the prime minister or any other diplomatic or political figure,” Bar wrote.
Netanyahu’s demands to Bar regarding the trial were apparently made last year amid fighting against the Hezbollah terror group, which began attacking Israel in the wake of the October 7, 2023, attack by its ally Hamas. A Hezbollah drone exploded and smashed a window at Netanyahu’s home in Caesarea last October.
The prime minister sought to have his corruption trial postponed indefinitely due to concerns about potential Hezbollah drone strikes on the Jerusalem District Court, where he was slated to testify several times a week for hours on end, but the judges instead decided to move proceedings to the Tel Aviv District Court, which has a fortified basement.
In the letter, Bar also implied that he was asked to use the internal security service’s tools against Israeli citizens but refused, implying that the agency was asked to act against anti-government protesters.
Bar additionally said that he was “worried for the future of the Shin Bet,” and urged the court to reverse the government’s decision to fire him, saying his dismissal amid the so-called Qatargate probe would send a “clear message.”
In response to the letter, Netanyahu’s office said Bar’s statement was “tainted with severe conflict of interest,” and is “full of lies,” specifically mentioning Bar’s claim that the prime minister asked the Shin Bet to use the organization’s powers inappropriately against Israeli citizens, which the office said is “something that never happened.”
Netanyahu has claimed he lost faith in the Bar following the Hamas onslaught of October 7, 2023, when thousands of terrorists stormed southern Israel to kill some 1,200 people and take 251 hostages, sparking the war in Gaza.
Netanyahu has sought to shift the responsibility for the colossal failure onto the shoulders of the security establishment while also refusing to allow the formation of a commission of inquiry to examine the events surrounding that day.
Critics of the prime minister have accused him of seeking to fire Bar due to an ongoing Shin Bet probe of alleged ties between Netanyahu’s top aides and Qatar, which backs Hamas. They note that Netanyahu cooperated closely with Bar for over a year after the onslaught and that Bar had been a key part of Israel’s negotiations team for a ceasefire and hostage deal.
Bar has reportedly said he plans to stay in his role until the remaining 59 hostages held in Gaza are home, and a commission of inquiry has been established.
The PMO has insisted that Bar vacate his position by April 10. However, he remains in his post after a temporary injunction was imposed on his dismissal by the High Court of Justice, which is hearing petitions against the firing.