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Last update - 04:26 09/05/2008
Too long a gag order
By Haaretz Editorial
Tags: olmert

Even after the details of the new investigation against Ehud Olmert are released, and the sweeping gag order that was imposed a week ago is lifted, we will still need explanations for this unprecedented news blackout.

The overly delayed release of details on the allegations against Olmert is not enough to lift concerns that the entire establishment failed to understand what the public interest is. Arguments for complete secrecy must be very serious to be convincing.

The prime minister who addressed the nation on the eve of Independence Day appeared depressed and under pressure. Israelis who lacked direct access to classified information at home and abroad did not know if he is suspected for a more- or less-serious offense. Only he and the witnesses that have already been questioned regarding the case knew the nature of the suspicions. This is highly irregular.
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Not publishing suspicions is not a journalistic problem, as it may seem, but one that concerns the public. Channel 10 and Haaretz, who petitioned the court several days ago for the gag order to be lifted, did so first and foremost as trustees of the public, which counts on them to provide information. It was possible to publish some of the details, to place a gag order on other information, and to allow the publication of information that had already been published in the foreign press. Instead, Judge Daniel Beeri agreed to keep in place a full blackout.

An investigation against the prime minister, which is described by senior figures as very serious, needs to be made public sooner rather than later. This is the rule, and any diversion from it requires an explanation.

The minute the New York Post and then the New York Times published the name of the witness, who is a foreign national, the gag order became ridiculous. There is also no doubt that it was possible to publish at least the main suspicions the minute the prime minister was confronted with them and knew the identity of that mysterious witness. Meanwhile, everyone else in Israel is waiting to learn about the witness - about his business and how he has become involved in the country's politics and economy.

In recent years, all relevant parties said they recognized the right of the public to know, but their statements did not sound true. The right balance between the needs of an investigation and the right of the public to know is meant to be set by the attorney general. It is natural that the police will always want to operate under an absolute blackout, but it is not natural that the judge will be convinced after 20 minutes of deliberations that all the case's details need to remain classified.

The minute the police representative used the pathetic argument that the public's mood must not be ruined on Memorial Day by publishing suspicions against the prime minister, great doubts emerged about the judgment of everyone involved.

If no satisfactory explanation is forthcoming on the blackout imposed on the public, and especially for it lasting more than a week, this will suffice to undermine the public's trust in the system of investigation and the judiciary.
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