Israel’s High Court Clears Roman Gofman to Lead the Mossad

Israel’s Supreme Court today (Monday) rejected the petitions filed against the appointment of Maj. Gen. Roman Gofman to the position of head of the Mossad for Intelligence and Special Operations, giving final approval for him to take office. The decision was made by a majority of Justices Ofer Grosskopf and Alex Stein, against the minority opinion of Justice Daphne Barak-Erez.

The petitions dealt, among other things, with claims raised regarding Gofman’s part in the Elmakayes affair. However, the majority justices determined that the material presented to them, together with the material reviewed by the relevant committee, does not point to an ethical or professional flaw that would justify disqualifying the appointment.

In the ruling, Justice Grosskopf noted that his clear impression from the full body of materials placed before the committee and the court, including classified material, is that Gofman’s conduct in the Elmakayes affair does not cast an ethical stain on him. In his words, it is certainly not a flaw that could prevent him from serving as head of the Mossad.

The majority justices also ruled that the claims that Gofman knowingly used a minor or deliberately misled officials in the IDF regarding Division 210’s involvement in the affair were not supported by the evidence presented to the committee. In addition, the claim that Gofman had "abandoned" people who acted on his behalf in that affair was also rejected.

The ruling stated that this was an incorrect claim, stemming from an inaccurate presentation of the circumstances of the incident and from ignoring the limited role of Division 210 in the security and criminal investigation conducted on the matter.
On the other hand, Justice Daphne Barak-Erez argued in the minority opinion that the issues that still remain open should continue to be examined. In her view, there was room to issue an order nisi and an interim order that would allow the inquiry to continue, without determining any conclusions to the detriment of Maj. Gen. Gofman.

Shortly after the decision was published, National Security Minister Itamar Ben-Gvir welcomed the High Court ruling: "After all the attempts to delay, the petitions, and the noise around it, which only proved that the right man has reached the right job. Roman is a fighter, a commander, and a true Zionist who knows Israel’s security challenges from the ground and from the decision-making rooms. I wish him great success."

Finance Minister Bezalel Smotrich also commented on the dismissal of the petitions against Gofman: "Today everyone already understands: this has become a method. The attorney general is intentionally and unlawfully thwarting appointments by the right-wing government that do not suit her personal preferences. Even the High Court does not accept her position, once again."

Smotrich continued: "Gali and her group led a campaign of smearing, humiliation, and demonization against a decorated IDF general, a hero of Israel who risked his life and was even wounded on October 7. From the first day, I knew that Roman Gofman was worthy of being head of the Mossad. In our joint work with him, behind closed doors, I encounter unusual strengths of cunning, daring, and wisdom."