Prime Minister Benjamin Netanyahu’s decision to appoint IDF Maj. Gen. David Zini will face a series of procedural hurdles, on top of likely legal challenges.
The position of Shin Bet head is one of seven senior positions that require vetting by the Advisory Committee on Senior Civil Service Appointments. The committee, which has operated since 1999 based on a government decision at the time, has four members – a retired High Court judge, the Civil Service Commissioner (CSC), and two public representatives appointed by the government (usually after being selected by the prime minister).
The current chairman of the committee is retired Chief Justice Asher Grunis, and its two public representatives are Prof. Talia Einhorn and Moshe Terry, former head of the Israel Securities Authority. Einhorn, an outspoken supporter of the government’s controversial judicial reforms, recused herself from involvement in Shin Bet head appointments, since her son, Srulik Einhorn, is a suspect in an ongoing Shin Bet investigation. Srulik Einhorn was allegedly involved in leaking classified documents to the German newspaper Bild in late August 2024, intended to sway public opinion against protests that broke out after the discovery of six bodies of hostages.
In addition, there is currently no acting Civil Service Commissioner, and the appointment method of the next CSC is itself hotly contested. The High Court ruled on May 12 that the CSC had to be appointed in an independent, competitive process, and could not be a personal appointment by the prime minister. The prime minister’s ensuing attempt to appoint Foreign Ministry Director-General Eden Bar-Tal as interim CSC was deemed illegal by Attorney-General Gali Baharav-Miara.
Grunis removed the previous interim CSC, Roee Kachlon, from serving in the committee due to a series of legal issues surrounding his appointment, which was only approved for three months. Last week, the government greenlit a law that will give the prime minister the authority to select a new CSC. Such a law could still take some time to pass, and even if it does, it would likely be challenged in the High Court.
The committee needs at minimum 3 members to convene At present, there are only 2
The advisory committee thus only has two current members, but requires a minimum of at least three members to convene. The prime minister will likely attempt to appoint a temporary member to replace Einhorn. However, appointments to the committee require the input of the attorney-general, and in this case, the prime minister’s conflict of interest may lead to his appointment to the advisory committee being challenged in court as well.
Even if the prime minister manages to appoint a third member to the advisory committee, Grunis may refuse to convene the committee, let alone approve Zini’s candidacy, until the resolution of the prime minister’s conflict of interest in appointing a Shin Bet head in the midst of the Shin Bet’s “Qatargate” investigation.
The way forward for Zini to become the next Shin Bet head faces significant procedural challenges, and it is unclear whether these will be resolved by the time outgoing Shin Bet head Ronen Bar’s term ends on June 15. The prime minister could then attempt to appoint an acting Shin Bet head for a certain period, but this, too, may face legal challenges.
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