Israeli attorney general to Knesset committee: 'There is no selective enforcement' regarding investigations of leaks

The Knesset's Constitution, Law and Justice Committee is holding a discussion today (Sunday) on "selective enforcement in the field of leaks," against the backdrop of the exposure of the leaks affair in the Shin Bet about two weeks ago.

Israeli Attorney General Gali Baharav-Miara distanced herself at the beginning of the discussion from the title of the committee and said, "Contrary to the title of the discussion – there is no selective enforcement. The law enforcement system operates in a consistent, professional, and objective manner based on known and established criteria, applied to each case individually."

The committee chair, Knesset Member Simcha Rothman, responded: "It is not respectful to begin your remarks with 'there is no selective enforcement.'"

Baharav-Miara stated that "the cases we are dealing with are those in which information held by state systems is disclosed contrary to the law, without authority, by a public servant or unauthorized party. The information in question, by its nature, could harm essential public interests such as national security, public safety, foreign relations, human life, and so on."

Referring to questions submitted to her before the discussion by members of the Knesset, the attorney general said, "The list included questions about investigations or ongoing cases, and added to these questions were baseless assumptions about fabricated motivations of law enforcement. My instruction to my staff is not to address questions regarding ongoing cases that could influence investigations or reveal details about them."

Baharav-Miara noted that the enforcement policy regarding offenses related to disclosing forbidden information has been in place since 2020. According to her, the decision to open an investigation is examined based on three central considerations: "The extent or potential extent of the harm that the disclosure of the information may cause to essential interests; the expected scope and complexity of the investigation; freedom of the press and the public's right to know."

The attorney general emphasized: "In the exceptional cases where, after a detailed examination, it is found that there is justification for criminal handling, the focus is generally on the person who disclosed the information or the unauthorized party, not the journalist. This is the guiding policy for law enforcement, applied consistently and systematically."

Regarding the investigation of journalists, Baharav-Miara said: "It is no coincidence that the number of times journalists have been investigated as suspects of committing offenses is minimal. The freedom of journalists' activities and the protection of sources are principles that guide us in our work."

The discussion taking place today in the Knesset is following the exposure of the affair two weeks ago, centered around A', a senior Shin Bet official who was arrested on suspicion of leaking classified documents to MK Amichai Shikli from Likud, journalist Amit Segal, and journalist Shirit Cohen Abitan.