ANALYSIS / Which ministerial portfolios are available to Lieberman?

On January 28, Attorney General Menachem Mazuz announced that "serious suspicions" against MK Avigdor Lieberman were under investigation, including suspicions of bribery, money laundering and falsifying corporate documents. This announcement has a legal bearing on which ministerial portfolios Lieberman may hold.

According to the Basic Law on Government, a person is barred from serving as a minister only if he has been convicted of a crime involving moral turpitude, sentenced to jail time and been out of jail for less than seven years. The High Court of Justice, however, has ruled that even someone who has been charged with a serious offense but not yet convicted is barred from serving in the cabinet.

The attorney general subsequently went one step further, ruling that even an ongoing criminal investigation that has not yet led to an indictment could disqualify a person from certain ministries. That decision led to MK Tzachi Hanegbi, who was under investigation for political appointments, being forced to resign from the Public Security Ministry, on the grounds that it would be improper for a person under police investigation to have ministerial authority over the police.

Based on this precedent, Lieberman's appointment as either public security or justice minister would be unreasonable. In contrast, it would not be illegal for someone chosen by Lieberman to hold these positions, though it ought to be unacceptable from a public standpoint.

Lieberman's appointment as finance minister would be problematic at best, given that he is suspected of money laundering. But if the Tax Authority, which is part of the Finance Ministry, is indeed involved in the investigation, it would be completely unreasonable, as this would violate the principle laid down by the attorney general.

Nevertheless, barring someone from serving as a minister when he has not yet been indicted is also problematic. Hence the law enforcement agencies must make every effort to conclude the investigation quickly.