Knesset debates political Oct. 7 probe as legal advisor warns of integrity risks

The bill seeks to promote a new investigative framework that diverges from the traditional independent state commission of inquiry mechanism overseen by the Supreme Court.

Lawmakers continued to debate the controversial government bill that aims to establish a politically-appointed committee to investigate the failures surrounding Hamas’s October 7 attack during a Knesset Constitution, Law, and Justice Committee meeting on Wednesday.

The committee’s legal advisor sent a letter the day before the meeting, warning that the bill could jeopardize the integrity of an investigation into the October 7 attacks and highlighting several structural issues with the proposed framework.

The bill seeks to promote a new investigative framework that diverges from the traditional independent state commission of inquiry mechanism overseen by the Supreme Court.

The legal opinion questions the structure of appointing MKs from the coalition and opposition to the investigative team to conduct the probe.

“It is clear that whoever determines the scope of the investigation, what will be investigated and what will not, can influence the outcome of the investigation even before it begins,” the legal opinion states.

The legal advisory department also notes that the dates defined for investigation span from October 7, 2023, to October 14, 2023, and suggests discussing these proposed boundaries.

“Why was this specific time frame chosen? What is the relationship between investigating the October 7 massacre and investigating the outbreak of the war?” the letter questions.

“It is clear that selecting a specific point on the timeline has a substantial impact on the scope of the investigation,” it adds.

Committee chair clashes with A-G representative

Committee chairperson Simcha Rothman (Religious Zionist Party) clashed in the meeting with a representative from the attorney general’s office during the meeting.

Bereaved families held an alternative meeting in a room nearby in protest of the bill, speaking about those they lost during the massacre.

The controversial bill passed its preliminary reading in the Knesset plenum in December. It is now being debated in the committee meetings and must still pass three additional plenum readings to become law. The bill was initiated by MK Ariel Kallner (Likud).

All opposition party leaders have announced that they will boycott upcoming Knesset discussions advancing the bill, stating they will not cooperate with it.

The make-up of the bill differs from the traditional state commission of inquiry mechanism set out in the 1968 Commissions of Inquiry Law.

A state commission of inquiry is considered the most authoritative and independent investigative system under Israeli law. It operates entirely outside the political echelon, with members appointed by the Supreme Court’s chief justice, and has the power to subpoena witnesses and issue personal recommendations regarding individuals.

Amid the ongoing rift between the government and the judiciary, Prime Minister Benjamin Netanyahu has repeatedly spoken out against judicial appointments leading the investigation.

Under the framework laid out in Kallner’s bill proposal, Supreme Court appointments would be replaced by members selected through a Knesset-led process.

The commission would comprise six members, according to the bill. Lawmakers would first be given a limited period to reach an agreement on all appointments in a vote requiring a supermajority of 80 Knesset members.

If no agreement were reached in the supermajority vote, the coalition and the opposition would each appoint three members to the committee.

However, if the opposition refuses to participate, a scenario widely viewed as likely, Knesset Speaker Amir Ohana (Likud) would be empowered to select who would be in the opposition’s slots – an aspect of the bill that is considered highly controversial.

Netanyahu is among the only major officials who have not resigned following the October 7 massacre. The political echelon has repeatedly blocked a state inquiry into the events surrounding that tragic day, despite polls showing huge public support for this type of investigation.

Netanyahu released a 55-page document late on Thursday evening that outlined answers he gave to State Comptroller Matanyahu Englman as part of the investigation into the October 7 Hamas attack.

The prime minister’s answers point to failures among officials in the security establishment and appear to deflect his role in the outcome of the attacks.