Next month, State Attorney Shai Nitzan will complete his tenure after six years in office. His tenure was characterized by many instances of problematic conduct including his excessive defense of prosecutors who were overly aggressive , the covering-up of problems in the prosecutor’s office, bias in the administration of the prosecution’s policies, bias against right-wingers and, more recently, poor management of Prime Minister Netanyahu’s investigations.
All this is not surprising given Shai Nitzan’s background.During the 2000s as a prosecutor in the Supreme Court, Shai Nitzan headed a special team whose role was to focus on and monitor people on the right-wing and to act against the Jewish communities in Judea and Samaria. The existence of the team was kept secret and was even denied in response to a query by Knesset Member Orit Strook in the Knesset.
When the team’s protocols were revealed, it came out that Shai Nitzan led the team for a long period and acted against the right by intensively filing charges, placing minimum quotas on the demolition of Jewish homes in Judea and Samaria, and more. It was proven in court that Shai Nitzan was guilty of the selective enforcement of the law. However, after he pressured the court, this decision was overturned on appeal.
Given his record, how was Shai Nitzan appointed to be the State Attorney of Israel? When Shai Nitzan left his position as Deputy State Attorney for Special Functions, the previous State Attorney had one year left in this position. The heads of the legal system, who wanted to see Shai Nitzan appointed as the State Attorney, feared that if he left the system he would not be appointed. They therefore created a new role for him as Deputy Attorney General, a position he held for one year until his appointment as the State Attorney of Israel.
His appointment was met with great opposition, but it was a tailor-made role for him, and Shai Nitzan did not disappoint those who were anxious that he be appointed. He copied his work methods to the State Attorney’s office: he opposed any criticism, dominated and controlled his subordinates, attacked ministers in the media, and more.
State Attorneys are often appointed as Supreme Court judges after they complete their tenure. Presumably, this is Shi Nitzan’s goal. If this is the case, then his top priority will be the protection of the legal administration institutions, and in particular the State Attorney’s Office, rather than justice itself. The Legal Forum will oppose, with all its resources, the appointment of Shi Nitzan as a Supreme Court judge. We will act so that the judicial system will be free of bias and actions that negatively affect public justice.
