This morning (13/5/24) details were published about a deep dispute between the Chief of Staff and the head of the Shin Bet and the State Comptroller, regarding the timing of the review of the IDF's performance before October 7, 2023.
Chief of Staff Herzi Halevi and Shin Bet Chief Ronan Bar clarified that they oppose the State Comptroller's position, according to which the review of the conduct of the security establishment in the Iron Swords War must begin immediately, during the war. The High Court of Justice will soon discuss, which was submitted by the Movement for the Quality of Government in this matter.
The Movement for the Quality of Government joins the IDF's position and announces:
This morning we submitted a petition to the High Court to stop the State Comptroller's investigation in order to establish a state commission of inquiry into the failures of the seventh of October. The petition is against the State Comptroller Matanyahu Engelman, demanding that he stop the audit procedure he started in the middle of the war against the army!
(The author served as an advisor to State Comptroller Micha Lindenstrauss and participated in the State Audit Team for the Second Lebanon War)
Who is right?
If you have the heart to know who is right in the dispute that broke out between the State Comptroller and the IDF and the Shin Bet that reached the gates of the High Court, then the answer is simple: this is the difference between law and justice.
From the law, the State Comptroller is right:
The Basic Law of the State Auditor gives the auditor exclusivity to determine the applicability and timing of the audit.
And the justice?
When the IDF and the Shin Bet are sure that at this time an audit harms the security of the state, it is only fair to postpone the judgment and wait for a later date in the audit.
Why don't such simple things work themselves out? After all, these are the most senior bodies and personalities in the country?
The answer: lack of professionalism!
For 4 years, the State Comptroller has not published even a single report on the IDF's competence and preparedness in the face of the threat of Hamas terrorists, despite the statements made by the leaders of Hamas and their videotaped trainings on the plans to kidnap soldiers and civilians, trainings that were published in the media networks around the world.
And now out of an excess of professionalism, the critic says: "Judgement will judge the mountain."
How, in my opinion, will the High Court resolve the dispute?
The presumption of administrative correctness means that when the Chief of Staff determines that there is a fear of harm to the security of the state, as well as the head of the Shin Bet, the Supreme Court, according to its scale of values, cannot ignore such a firm determination and will find a formula according to which the army and the Shin Bet will continue their proceedings , while fighting, without external criticism.
The State Comptroller has no reason not to accept the presumption of administrative correctness, according to which the Chief of Staff and the head of the Shin Bet declared that this is a substantial violation of state security, and he also has no tools to contradict the Chief of Staff's determination.
What is the real controversy?
The state auditor's demand to receive internal IDF and Shin Bet investigation materials for the benefit of the state audit!
And how is this related to immunity from investigation in the IDF and Shin Bet:
A military investigation enjoys absolute legal immunity. It is carried out in such a way that the participants of the investigation can and even must provide every detail, including documents or decisions that can incriminate the participants in audit procedures from the State Comptroller and sometimes also in criminal procedures.
That being so, you don't need a developed imagination to know that an investigation that may be used against you in other proceedings. The interrogated does not have an obligation to incriminate himself and therefore the investigation is incomplete, especially as it does not include legal advice, which protects the interrogated against incrimination.
Why is the investigation so fundamental for both sides?
It is clear to the IDF and Shin Bet that the secret to the success of the IDF investigation is based on several principles: independence, absolute immunity and confidentiality.
The auditor does not investigate, but conducts a public review.
Has the auditor's office been damaged?
Of course it is!
This is an embarrassing exposure of an unnecessary controversy, which harms public trust in the auditor's office.
It is enough to see the joining of the movement for the quality of government and the movement of courage to see how much the public doubts the motives of the state auditor to conduct a full audit in real time of war.
What are the motives of the state auditor?
How does the auditor explain to the public his lack of activity for 4 years in the matter of auditing the security forces and what motivates his over-eagerness today?
In my opinion, the auditor is pushing for an audit during a war, just to burn in his mind a well-publicized confrontation with the security forces, in the style of "I wanted to act but the High Court stopped me"
In my opinion, it is correct for the state auditor to adopt the Greek saying that has been upgraded to all languages:
"When the guns roar the muses are silent"
The interest of the prime minister and ministers in the auditor's report on the October 7 disaster
Do the Prime Minister and the ministers prefer, from their point of view, an audit by the State Comptroller of a State Commission of Inquiry?
certainly! This is also the claim of the Movement for the Quality of Government in the High Court.
Why? Because the state auditor has no teeth against an elected rank.
I will add and say that I highly doubt whether a state investigative committee has any ability to punish a prime minister or a minister.
Overall conclusion
I appreciate that the State Comptroller is pushing with all his might for an audit during war, in order to formulate conclusions that will place full responsibility on the military level and not on the political level.
Since the state auditor does not have the authority to criticize Netanyahu or the ministers, he formulates conclusions and evidence only against the army, thereby preparing the groundwork for the investigative committee in advance.
In other words, to the best of my understanding, from observing the actions of the auditor, I conclude that the auditor is using extraneous considerations during a war, to protect Netanyahu and the ministers. And according to the state's answer to the High Court, these moves harm the security of the state.
Why does the High Court lead to inequality of pay, Aharon Barak receives a salary of 80 alsh. What is the need to impose a dictatorship on the Knesset and the government?
The offices of the State Comptroller in every city, dominate a large pie of jobs with huge salaries. Who will visit the auditor's offices?
The auditor's eagerness to place the responsibility and blame on the military ranks is transparent and clear to anyone with eyes in his head.
If he had any authority to establish some kind of determination against the political echelon, things would look different. Since this is not the face of things, his intention is transparent and clear
The man is a clear appointment of Netanyahu and will do everything to please his master.
On the face of it, it seems that he does not accept the statement of Herzi Halevi and Ronan Bar that there is a threat to the security of the state.
He will not let go of the prey as it seems.
Where has he really been for the past four years?
You wrote beautiful nonsense, but of course everything is the other way around. The foreign interest is that of the heads of the army and Shin Bet, who fear that they will be found responsible for this failure and many others. And if the public has lost faith in any body, it is these - the High Court and the heads of the security systems.
In my opinion, only when his son was seriously injured in the war and told him about what happened in the army, he changed his mind and decided to become a fighter. After Barik and Mandy begged to meet and vote on pre-housing, he refused to cooperate
The High Court created a paralyzed Knesset. A paralyzed government. And worst of all, a weak army, tied its hands on every issue - from "neighbor procedure" to who the Chief of Staff is Yadih or not, and every goal goes through a military attorney's office. The IDF requires the approval of the legal advisor for everything, including everything and every general Command is already hanging around with a legal advisor. That's how the political echelon is paralyzed in the face of the global propaganda wave. That's how the chief of staff and the defense ministers engaged in deals, politicization, as if it was the army's job to intervene in this. That's how the IDF, the Shin Bet, the Mossad, the Shevas, the police - all are afraid of the legalization and lost their minds until 7.10/XNUMX, during and after it.
I was happy to read Borowski's analysis
As one who knows him, he is indeed right
And it's a shame that the state auditor is looking for headlines
This is the time for unity and not for headlines
What would you, Yaakov Borovsky, recommend doing? It is not enough to provide pointless academic reasons, but to provide a reasoned recommendation. So we will be happy to test your opinion in the modest media of Haifa News Corporation.