In a dramatic decision: The Supreme Court calls on Attorney General to decide whether to investigating cabinet leaks during operation “Protective Edge”

Following a petition by MQG and MK Eitan Cabel, the Attorney General was instructed by the Supreme Court to make an informed decision within 30 days whether or to investigate the security leaks from cabinet discussions during operation “Protective Edge”, last summer.

In the discussion which took place this week in the Supreme Court, MQG and MK Eitan Cabel requested that the Attorney General explain why he has refrained so far from opening a large scale investigation in order to locate and identify those responsible for leaking classified information from security cabinet discussions. The petition was filed following a Channel 2 news report by Udi Segal of a presentation, which was allegedly shown to cabinet members by IDF generals, and was subsequently leaked to the media.

In the petition, MQG stressed that leaks are illegal according to basic law of the Government, and are extremely damaging to national security, especially under such circumstances, and the lack of any form of investigation is harmful to the public trust in the authorities, national interests and national security. Furthermore, MQG emphasized that these leaks are a recurring ailment which received special recognition in the Vinograd committee report after the 2nd Lebanon war, stated as causing serious damage to the cabinet’s functionality and decision making.

Since the Attorney General has refrained from making a reasoned decision and replied he feels an investigation is unnecessary, the Supreme Court instructed the Attorney General to present his formal position explaining why he refuses to investigate the leaks, and present it to the court in 30 days.

Attorney Tomer Naor of MQG explained during the hearing: “Wartime cabinet leaks are a major issue that hurts the cabinet’s decision making, damages public morale and it’s trust in the authorities, and must be ended. We hope this decision will encourage the Attorney General to stop refusing to make a decision in the matter out of irrelevant considerations”.

MK Eitan Cabel added: “There is a tremendous opportunity for the Supreme Court to institute better norms regarding classified state security leaks. I am glad that it seems the court’s decision this morning marks the beginning of this change. Confidential information leakage is a federal offence and the Attorney General is required by law to investigate it regardless of potential damages”.