Knesset approves MK Tally Gotliv’s immunity in Shin Bet officer identity exposure case

The plenum approved both immunity arguments: 61-48 on Gotliv’s claim that her actions were part of her work as an MK, and 62-48 on her claim that the indictment was submitted in bad faith or through discrimination.

She had told the panel that Gotliv created a severe security risk by exposing the personal details of a Shin Bet agent during wartime.

Goltiv’s argument has centered around the claim that sharing the officer’s identity was warranted, and she has not denied doing so.

Under the Knesset Members’ Immunity Law, Gotliv was able to request that the Knesset grant her immunity from criminal prosecution before the case proceeded to court.

Ahead of the final plenum vote on Wednesday, Likud MK Yuli Edelstein released a statement that he would not be voting in favor of Gotliv’s immunity. He argued that granting Gotliv immunity could set a precedent that would allow other lawmakers to receive immunity after violating the law as well.

“If Arab Knesset members had revealed the names of Mossad agents and Shin Bet officers, would we also stay silent? There are consequences to everything,” he said.

No other coalition MKs voted against Gotliv’s immunity. Haredi MKs voted in favor, despite their parties’ recent announcement of a boycott of coalition votes in response to a delay in controversial legislation they have been seeking to advance.

Coalition lawmakers in the plenum celebrated with Gotliv after the vote, embracing her. Meanwhile, opposition MKs condemned the decision to grant her immunity, arguing that the grounds were flawed.

Later, a Shin Bet officer whose identity was exposed by Gotliv petitioned the High Court of Justice against the Knesset’s decision, arguing that the vote was legally flawed, politically predetermined, and dangerous to Israel’s covert security services.

Coalition whip MK Ofir Katz opened the discussion in the plenum, in which he expressed his support for Gotliv’s immunity and sharply criticized Baharav-Miara, arguing that she was attempting to interfere with the government’s work.

In Gotliv’s remarks, she also slammed the attorney-general and stated that she stood by her eligibility for immunity. She accused the attorney-general of trying to harm the right-wing government and “whitewash” the Shin Bet leadership’s role in the failures of October 7.

Gotliv’s granted immunity is temporary. By law, the Knesset decision is valid only for the duration of the current Knesset session, which ends in July.

If Gotliv is elected to the next Knesset, the attorney-general will be able to decide again to file an indictment against her, and the same process to obtain immunity would need to be repeated. If Gotliv is not elected to the next Knesset, then she may be prosecuted, as her immunity will expire.

Baharav-Miara filed the indictment against Gotliv in May for publishing the identity of the partner of protest leader Shikma Bressler, who, according to the indictment, was a Shin Bet employee.

The attorney-general has argued that Gotliv’s actions do not allow her to qualify for parliamentary immunity and that she created a severe security risk through the exposure of the Shin Bet officer.

The attorney-general presented committee members with a top-secret document last week containing a professional opinion issued by the Shin Bet.

The main part of the classified opinion detailed real examples of Shin Bet employees whose names were exposed, putting their lives at real and immediate risk, the report added.

Goltiv told the panel that she knowingly did the act, arguing that it was justified and that she should receive immunity as an MK. She also focused for multiple hours on renewing claims that treason had taken place during the October 7 attacks and presented various theories on the matter.

Her remarks involved a lengthy personal attack against Baharav-Miara. Gotliv also screened a video last week to the panel with clips that she presented as “evidence of betrayal” during the October 7, 2023, Hamas attacks. She made accusations of treason that she claimed took place during the attacks, presenting various theories to the panel and sparking outrage from opposition MKs.

Opposition coordinator Yesh Atid MK Merav Ben-Ari told the panel last week that “in all the hours Gotliv spoke, she did not once address the offense she is here for today.”

“Not only did she take no responsibility, but she amplified the offense she committed. She provided no testimony or shred of evidence to support her claims,” Ben-Ari added.

Opposition lawmakers repeatedly spoke against committee chairperson Katz’s conduct during the debates and penned a letter to Knesset Speaker Amir Ohana (Likud) about it. They objected to the fact that he continuously kicked out MKs for interrupting Gotliv while he allowed her to interrupt the attorney general as she presented her stance to the panel.

Lawmakers were not allowed to interrupt if they did not want to be removed from the panel, and the rules stipulated that only MKs who participated in all meetings on the matter would be eligible to vote. Attendance for at least half the duration of a meeting would be considered participation. As a result, some opposition lawmakers were unable to partake in the deciding vote.

Ahead of the first Knesset debate, Baharav-Miara wrote a letter to members of the panel, requesting that Gotliv’s immunity be denied.

She explained that the indictment against Gotliv was filed based on “professional, objective, and good-faith discretion,” and that none of the grounds for parliamentary immunity applied in her case.

The Movement for Quality Government warned last week against the decision to grant Gotliv immunity, stating that parliamentary immunity was not being applied properly.

The indictment against Gotliv was filed in May, based on her publishing a January 24, 2024, screenshot from the website Edna Karnaval that included the full name of Bressler’s partner and claims tying him to alleged contacts with then-Hamas leader Yahya Sinwar before the October 7 massacre.

Karnaval is described by the indictment as having a “critical and blunt” style, especially toward public officials.

The screenshot, according to the indictment, included a headline alleging that Mossad chief David Barnea had received information from the US that they had intercepted calls between Bressler’s partner and Sinwar four days before October 7.

The article further claimed that Barnea had summoned Bressler to a meeting, and that the Prime Minister’s Office had later issued a denial of Gotliv’s earlier statements.

The indictment said that the post received 400,000 views, 1,000 comments, 1,000 likes, and 500 shares. It said that Gotliv’s X/Twitter account had over 65,000 followers at the start of the relevant period, and over 90,000 by the time the indictment was filed.

Prosecutors alleged that Gotliv revealed and published the name of the Shin Bet employee and his relationship with Bressler “knowingly, deliberately, continuously, demonstratively, and repeatedly.”

The indictment said that the post remained available online from the time of publication until the indictment was filed, and that Gotliv did not remove it from her account.

The indictment further said that Gotliv stood by the publication, repeatedly published similar statements in which she again identified Bressler’s partner as a Shin Bet employee, and publicly stated that she had no intention of removing, or apologizing for, what she had written.

The Mossad denied the claim at the time, calling it a “recycled falsehood” and saying Barnea had “never met, spoken to, or invited Shikma Bressler to a meeting.”

Earlier in May, Defense Minister Israel Katz signed a certificate of confidentiality ahead of the indictment filing, clearing a procedural obstacle that had delayed the case.

The defense minister arrived at the plenum to vote in favor of Gotliv’s immunity, despite his signing of the certificate. Prime Minister Benjamin Netanyahu did not show up for the vote.