Attorney General, Shin Bet clash over request to interrogate Arab party leaders as Eisenkot warns of 'constitutional crisis'

The investigation into foreign influence in the recent elections is threatening to escalate into a new constitutional clash, after Shin Bet head David Zini requested to interrogate four senior Arab politicians in connection with the probe.

However, Attorney General Gali Baharav-Miara has denied Zini’s request to question three of the politicians "under warning," meaning they would be treated as suspects, saying there was no “evidentiary basis” for the interrogations.

According to Hebrew media reports, Zini wants to question Mansour Abbas, leader of the Ra’am party, as well as Arab Joint List stalwarts Ahmad Tibi, leader of the Ta'al faction, and Balad faction chairman Sami Abu Shehadeh. He also wants to question another unnamed senior lawmaker.

The fourth politician is reportedly also a member of the Joint List, with investigators citing a strong evidentiary basis for questioning him.

Last Sunday, Central Elections Committee Chairman Justice Noam Sohlberg noted that any suspected interference would not change the election results, even if found to be true.

In a joint statement with the Shin Bet domestic intelligence agency, the attorney general and the Israel Police, Sohlberg said that “serious suspicions have been discovered that require an examination."

According to unconfirmed media reports, the nations suspected of funneling money to influence the Israeli elections include Turkey and Qatar, and may include the Palestinian Authority.

“We will investigate them to the fullest and get to the bottom of the truth,” Solhberg said. “Our position is that even if the suspicions are confirmed, this does not detract from the integrity of the election process and the results of the elections as a whole.”

This triggered outrage among coalition parties, which argue that any potential impact on the integrity of the election can only be assessed once the results of the investigations are presented.

Zini’s request to question the four Arab politicians is part of this investigation.

According to Channel 12, Sohlberg permitted Shin Bet to use technological and electronic surveillance measures in their probe/

The Attorney General’s Office, however, said the Shin Bet has not yet shared any evidence from its investigations with the Israel Police Lahav 433 unit, which is responsible for investigating national crimes and corruption cases.

Under the agreement reached between the attorney general and Shin Bet, with Justice Sohlberg, the agency was to establish a joint investigation with Lahav 433. However, Baharav-Miara argued that the Shin Bet had failed to cooperate with police or share any evidence it had gathered, with the exception of the unnamed Joint List politician, “thereby effectively stalling the handling of the matter.”

“In the highly unusual manner, and due to these false reports, the attorney general wants to make it clear that in a country by the rule of law, it is not possible to interrogate citizens or elected officials without evidence that justifies it,” the AG’s office said. “If the Shin Bet or any other party has evidence that justifies an investigation, it is welcome to present it,” the statement read. “Anyone who needs to be interrogated will be interrogated, but people without an evidentiary basis will not be interrogated.”

The statement by the AG came following accusations by Prime Minister Benjamin Netanyahu’s Likud party that Baharav-Miara was “attempting to conceal the truth from the citizens of Israel. She continues to obstruct and whitewash this grave affair – the contamination of the election process by foreign actors.”

“She is acting to cover up and thwart the investigation into the contamination of the election process,” Likud said. “This is what selective enforcement looks like. Justice Solberg and the Central Elections Committee are obligated to uncover the truth and provide answers to the public.”

The AG’s office denied the claim that Baharav-Miara was delaying the investigation: “To date, significant investigative steps have been approved at the request of the Shin Bet. Concurrently, a joint Shin Bet-Police investigative team has been established – overseen by the State Attorney’s Office – which will conduct the remainder of the investigation as expeditiously as possible. Anyone who needs to be questioned will be questioned.”

Opposition parties accused Likud and Netanyahu of trying to create a “constitutional crisis” based on the investigation.

Yashar party chairman and prime minister contender Gadi Eisenkot urged officials to follow the law rather than government instructions. On Tuesday, he wrote on social media that “the servants of the Ministry of Defense, law enforcement, and the public service in Israel are servants of the state, not the king.”

“Woe to anyone who abuses their authority and role for political considerations,” Eisenkot added. “In their distress, Likud and Netanyahu are trying to carry out a pogrom against democracy and the rule of law. They are trying to drag us all into a dangerous constitutional crisis.”

The Democrats party chairman, Yair Golan, said that Shin Bet head Zini “has turned the Shin Bet into a political tool in the service of Netanyahu's campaign to undermine the election results.”

Following his controversial appointment as Shin Bet director, Zini acknowledged his lack of experience in the organization but said he “felt that I was qualified, maybe even more than others, in my ability to be loyal to the elected leadership, no matter the opinion.”

At the time, his statement drew sharp criticism from opposition parties.

Ra’am party head Abbas, whom Zini sought to interrogate, said, “The attempt to smear the Arab public is unacceptable. My colleagues in Ra'am and I have nothing to fear from any investigation; we are prepared to appear before any law enforcement authority, in accordance with the directives of the Attorney General and the judicial system.”

Meanwhile, the Joint List said it “vehemently condemns the reported attempt by Shin Bet official David Zini to initiate investigations against elected Arab public officials. The Joint List views this move as part of a campaign of incitement and delegitimization – spearheaded by the Likud – against the Arab public, their vote, and their political representation.”

The Joint List further accused Zini of “acting as a political instrument in his [Netanyahu’s] service.”