Israel's attorney general calls to cancel Netanyahu's Mossad chief appointment

Attorney General Gali Baharav-Miara told the High Court of Justice on Sunday that Prime Minister Benjamin Netanyahu's decision to appoint Maj. Gen. Roman Gofman as the next Mossad chief must be canceled. 

Baharav-Miara filed her position ahead of a Tuesday hearing on petitions challenging the appointment, telling the court that "substantial flaws" had been found both in the process conducted by the advisory committee and in the conclusions it drew. She said Netanyahu's decision suffered from "extreme and blatant unreasonableness" and could not stand legally.

At the center of the dispute is the case of Ori Elmakayes, who was a 17-year-old minor when he was activated in 2022 by Division 210, without going through authorized intelligence channels. At the time, the division was commanded by Gofman. Elmakayes was arrested in May 2022 under espionage charges after two officers sent him classified information and told him to post it online as part of an "influence campaign," despite not being authorized to do so. Gofman initiated this operation. Elmakayes was then held in full detention until July, spending an extended period under electronic monitoring and house arrest before the indictment against him was canceled in late 2023.

Baharav-Miara says Gofman's involvement in leaking the classified information to the minor, "casts a heavy shadow on Gofman's integrity and thus on his appointment to head the Mossad." The attorney general also identified serious procedural failings in the advisory committee's work. She notes that the majority members signed their opinion before committee chairman and former Supreme Court president Asher Grunis had written his dissent and before two members had reviewed several classified documents significant to the full picture. Grunis concluded that integrity flaws had been found and that it was not appropriate to appoint Gofman as Mossad chief.

The attorney general also says the committee failed to hear directly from Elmakayes or from a relevant senior military intelligence officer, instead relying in part on media interviews. 

Netanyahu, who appointed Gofman to head the Mossad starting in early June, for a five-year term, submitted his own response to the court on this past Friday, arguing that the decision fell within his executive authority. The Prime Minister also said that his assessment of the matter was "dozens of times superior" to that of the court, adding that Gofman's integrity was "found pure," and describing him as the most qualified candidate.

Other coalition figures responded to the attorney general with sharp criticism, including National Security Minister Itamar Ben-Gvir. Ben-Gvir accused Baharav-Miara of fighting the state, while Finance Minister Bezalel Smotrich said her position was "one step too far" and vowed to advance legislation splitting the attorney general's role in the Knesset's summer session.