Yoram Cohen claimed that Prime Minister Benjamin Netanyahu asked him to impose on the Shin Bet (Israel Security Service) the responsibility for using intelligence tools to monitor all those with classified information regarding a sensitive operation in an enemy country.
The affidavit was submitted on Monday by the Movement for Quality Government in Israel on Cohen’s behalf as part of the petitions filed against the Israeli government, Prime Minister Benjamin Netanyahu, the attorney-general, the Advisory Committee for Senior Appointments, and the Shin Bet chief.
Cohen, in an unprecedentedly severe affidavit, revealed that during his tenure as Shin Bet head (2011-2016), Netanyahu twice attempted to exploit Shin Bet powers for political and personal purposes.
Cohen testified that he strongly opposed the initial request to monitor individuals with classified information, which occurred in 2013.
"In response, I told the prime minister that even if the concern is justified, it is inappropriate for the Shin Bet to use tools designed to thwart terrorism and espionage to monitor and deter hundreds of people from within the Israeli intelligence community, including heads of parallel organizations without there being any specific suspicions regarding anyone from this group," Cohen wrote.
Cohen added that he felt it was “not appropriate” to use surveillance tools in such a manner and that Netanyahu then asked him to transfer “all Shin Bet surveillance capabilities” to the Malmab (security unit).
Yoram Cohen: Netanyahu asked me to remove Bennet's clearence
In another serious incident from 2014, Netanyahu summoned Cohen for a private conversation and asked him to work to "remove the security clearance" of former Prime Minister Naftali Bennett, then a minister and member of the cabinet.
According to Netanyahu, Bennett "was discharged from the IDF's Sayeret Matkal unit while he was a soldier, due to a trust problem." According to the affidavit, Netanyahu claimed, "A person who has been found to be unreliable cannot take part in cabinet discussions and be exposed to classified information."
"I immediately told the prime minister that: 'I do not intend to do this under any circumstances or in any way.'"
The prime minister then waved his hand dismissively and said, ‘Then forget the whole thing,’ Cohen wrote. "The information the prime minister gave me in that meeting regarding then-Minister Bennett turned out to be baseless."
According to legal advice provided to Cohen, Netanyahu's request to use the powers granted to the Shin Bet by virtue of its responsibility to safeguard state secrets under Section 7(a) of the General Security Service Law, "illustrates how the prime minister does not hesitate to use the General Security Service to advance political and personal interests, contrary to the Shin Bet's designation and state functions, as stipulated in Section 4(c) of the law."
"The serious affidavit of the former Shin Bet head reveals to the public what we have been warning about for many years - improper attempts by the prime minister to use the Shin Bet, the security and intelligence organisation of the state as a political instrument to advance personal interests,” Adv. Dr. Eliad Shraga, chair of the Movement for Quality Government in Israel, said.
“The attempt to illegally use the powers of the Shin Bet against a political opponent is a red line that must not be crossed in a democratic country. Cohen's testimony emphasizes the enormous importance of independent and courageous gatekeepers in the system of government and highlights the serious danger of the concentration of unchecked power in the hands of a prime minister. We call on the Supreme Court to treat this testimony seriously in the context of the pending petitions."