B.2. Extraneous Considerations - From the General to the Individual
- As I noted above, I am of the opinion that the allegations regarding the alleged flaws in the composition of the Advisory Committee and in the manner in which its members were appointed do not stand separate from the claims that the decision to close the IDF Radio was made due to extraneous considerations, but are closely related to them: the former constitute a practical expression of the latter. Below, I would like to examine, first, on the basis of statements made by Ministers Karei and Katz at various stages of the proceeding, whether the initiative to close the station was based on the improper consideration that I discussed above. Subsequently, it is necessary to examine whether the composition of the advisory committee and the identity of those appointed to its membership also indicate the same improper consideration, and whether there is a basis for the claim that their selection was made in the expectation that the committee's conclusions will be consistent with a position formulated in advance.
B.1.2. Ministerial Statements as an Expression of the Improper Consideration
- As stated, I would like to examine whether, on the basis of statements made by Ministers Karei and Katz, at various stages of the proceeding that preceded the decision, it is possible to reach the conclusion that the decision to close the station was based on the improper consideration, as claimed by the petitioners and the Attorney General.
- As I described in the background, at the Cabinet meeting held on March 30,2025, the Prime Minister asked the Minister of Defense and the Minister of Communications, Ministers Katz and Karei, to examine the closure of the Galei Tzahal station, noting that the station was "not required." It should be noted that this request was made without any reference to the fact that about a year and a half earlier, the Zamir Committee had submitted to the government its conclusions, according to which the station should be refrain from closing or privatizing it, and instead making certain changes to it, mainly reducing current affairs broadcasts and expanding broadcasts dealing with military and security matters; and without any reference to the fact that at that time the implementation of these recommendations was underway.
Later that day (March 30,2025), Minister Karei sent Minister Katz an official letter, titled "Re: Closure of Army Radio and the privatization of frequencies" (emphasis added - 10:20), in which the following were written, inter alia: