A strong deja vu feeling enveloped us this week. Haven't we watched this movie before? About six months ago, following the end of State Attorney Shai Nitzan, Attorney General Amir Ohana appointed Attorney Orly Ben-Ari Ginsberg as Deputy Attorney General, according to his legal authority. Attorney General Avihai Mandelblit alleged that there was "legal prevention" To appoint a person who is not the person advised by the counselor, despite the fact that it was a conservative, out-of-the-office nomination of a long-time prosecutor. A petition was filed with the High Court, and Judge Menachem Mazuz issued a provisional injunction, which forced the candidate to withdraw.

Subsequently, the Minister decided to appoint the head of the Department of Economic Affairs, Dan Eldad. Again a conservative appointment of a senior official from the prosecutor's office, and this time it could not even be argued that he did not work for a department head. But again, the legal forensics counsel argued. The concept of "legal prevention" is very vague, because the counselor does not rely on a law instruction or even on the court's law; And in the present context, the use of this concept is embarrassing, because the actual counsel seeks to assign himself the authority of appointment that the law has given the minister. Indeed, the advisor eventually withdrew his unsubstantiated objection, and the appointment went into effect, for three months.

At the end of the three months, the minister intended to act according to his authority and extend the appointment, as a permanent state attorney cannot yet be appointed. Surprisingly, having already withdrawn his opposition to this appointment, the counsel opposed his extension. Again, he argued for "legal avoidance," without anchoring the law or ruling, and reasoned it with embarrassing reasons, such as Eldad not reporting to him about meetings he was holding and issues he was dealing with, as a junior employee in the attorney's office and not the state's attorney. To the High Court. In a fascinating coincidence, the petition once again reached Judge Mazuz's desk. On April 30, 20, the judge rushed to issue a provisional injunction preventing the extension from being valid until a hearing is held at the earliest two weeks later. 

First, it is unclear what the counsel's opposition was. If he continues to thwart any decision of the Minister of Justice on the grounds of "legal prevention", paralysis will be created in the minister's work. The obvious way in which the counselor will also play the role of the State's Attorney is also very undesirable: from the outset, his role is full of powers. Second, it is unclear why Judge Mazuz was rushed to issue a restraining order. The strange decision that until the final decision on the matter, rather than leaving the status quo, status quo, should be interrupted by the State Attorney's office. If the position is not necessary until it can be done without it, why should taxpayers finance this role throughout the years? Be the damage from a two-week term to the final decision, knowing that Attorney Eldad has been in office for months? Finally, it is hoped that Deja Vu will not continue with Eldad's waiver of the position, as the Attorney Ben-Ari had to relinquish it. at least Ministry of Justice conducted by the present advisor and Hsoft-hioatz-lsabr, instead of by the minister responsible.

Prof. week G. Sanjero teaches at the Law and Business Academic Center and at Sapir Academic College, and the founder of the site "Review of the Criminal Justice System"