Ohana: The freeze on White-Ari Ginsberg's appointment is irrelevant; Judgment: "The injunction is valid"

The Justice Minister addressed a letter to Mandelblit, claiming that the State Attorney's appointment was valid because he had signed it the day before the Supreme Court frozen it. "Because the petition is based on an incorrect substrate, the order is irrelevant and the appointment may be an act." Mandelblit: She did not begin her job substantially And so the order remains in place

Ohana: The freeze on White-Ari Ginsberg's appointment is irrelevant; Judgment: "The injunction is valid"

State Attorney's Appointment Storm - Recent Updates

• Ohana sent a letter to the Judiciary stating that the order to freeze the appointment was irrelevant
• High Court of Justice: Ben-Ari Ginsberg did not take a significant role, the order is valid
• Movement for Quality Government on Ohana Letter: "An Exercise that Does Not Hold Water"
• The High Court issued a moratorium on Ben-Ari Ginsberg's appointment in light of allegations of unreasonableness in her appointment

Justice Minister Amir Ohana addressed a letter to Attorney General Avihai Mandelblit, claiming that the appointment of Deputy State Attorney Orly Ben-Ari Ginsberg came into effect because he signed her appointment a day before Supreme Court Justice Manny Mazuz frozen the appointment. In a letter sent to the Court two days ago and published on Friday, it states that "because the petition is based on an incorrect factual platform, the order designed to preserve the existing situation is irrelevant and the appointment is a deed." valid".

The dispute over the appointment of the attorney between the two began two days ago, Minister Ben-Ari Ginsberg decided to replace outgoing State Attorney Shai Nitzan contrary to Mandelblit's position that Deputy State Attorney Shlomo Lamberger is the one to be appointed. Following the petition by the Movement for Quality Government to the High Court against the appointment and on the grounds of unreasonableness in the appointment, a temporary injunction was proposed that frozen the entry of the prosecutor's office.

A letter sent by Ohana to the Supreme Court on the day of the freeze of the appointment made it clear that "the appointment of an Acting State Attorney, Attorney Orly Ben-Ari Ginsberg, came into effect with my signature of an appointment on 17 December. Today, 18 December, a day after the appointment takes effect. , The provisional injunction was issued stating that it "delays the respondent's appointment as" State Attorney "and delays her entry into office until another decision is made."

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Ohana and Ben-Ari Ginsberg at the parting ceremony at Silk Bud, this week (Photo: Shlomi Gabay)

Justice Minister Amir Ohana and Orly Ben Ari Ginzberg Separation Ceremony Silk Bud, Jewish Border Patrol Jerusalem, December 18, 2019 (Photo: Shlomi Gabay)

The Minister of Justice argued that the order was issued on the basis of the facts presented by the Movement for Quality Government, which appealed Ben-Ari Ginsberg's appointment to the High Court, without the response of Ohana himself or the Supreme Court. "The petition states that 'the date of taking up the position of respondent's deputy has already been set for 18 December at 11:00 am'." Ohana concluded that the fact that the petition was based on the wrong factual platform was irrelevant and Ben Grizzberg's appointment was valid.

"It is not possible to 'delay' an appointment that has already been made, and / or to 'suspend' an act that has already been made," Ohana wrote, concluding with the request of Mandelblit's opinion on the matter. "I do not want you to apply on my behalf, but I believe it is appropriate that, as a respondent in the petition, you update the Honorable Court in this error and its offerings."

In response to Ohana's letter, the Court wrote in a letter to the High Court that even if the appointment was formally effective, Ben-Ari Ginsberg has not yet begun to fulfill the role materially, and the order should therefore be left unchanged. Mendelblit also made it clear that the court was "empowered in exceptional cases - such as the one before us - to issue an interim injunction, which is a 'made order'."

Appointment of the State Attorney's Office frozen; Ohana: "Unfortunate", Court: "Impersonal"

The Mandelblit Court at the Silk Nitzan Farewell Ceremony, Wednesday (Photo: Shlomi Gabay)

Attorney General Avihai Mandelblit arrives at the parting ceremony of Silk Bud, Jewish Border Patrol Jerusalem, December 18, 2019 (Photo: Shlomi Gabay)

The Movement for Quality Government responded to Ohana's letter, claiming it was a "no water holding" exercise. According to them, "it is essential that sitting on the chair determines and the appointment of Mrs. Ben-Ari Ginsberg has been revoked for the speedy petition of the movement. Remind Minister Ohana that a breach of order constitutes a court disgrace and is not above the law. "

Concerned that this was an appointment that prevented foreign considerations

Two days ago, the High Court frozen a decree preventing Ben-Ari Ginsberg's appointment as acting state attorney. The petition, filed by the Movement for Quality, was forwarded to Judge Mazuz after Supreme Court Judge Noam Solberg announced that he was a motorist due to ties to Lamberger candidate Q for the job.

According to the movement, there is grave concern that this is a foreign-denominated appointment, as well as "the purpose of the application is to prevent Ben-Ginsberg from taking office to prevent irreparable damage to the State Attorney's Office."

Ben-Ari Ginsberg served as deputy to the Central District Attorney, and her election to the State Attorney's Office without having previously served as the District Attorney's Office drew criticism.

(First update: 1:45 pm)