The Supreme Court on Thursday rejected a request to stay the four-and-a-half-year prison sentence imposed on Anat Kamm, the former IDF OC Central Command secretary convicted of gathering and storing classified military documents and transferring them to a journalist.
Kamm, who is appealing her sentence, had asked the court to postpone her prison sentence pending the appeal process. Her defense team will ask the Supreme Court to significantly reduce Kamm's sentence to a suspended sentence or community service.
Sides argue over Kamm sentencing behind closed doors
However, in a preliminary hearing on the matter Thursday, Supreme Court Justice Miriam Naor rejected the request, and so Kamm will start her prison sentence Sunday, as the Tel Aviv District Court ruled last month.
Naor noted in her decision that Kamm was not appealing her conviction, as she had signed a plea bargain admitting the charges against her, so there was no risk that Kamm was being imprisoned for offenses she did not commit.
The justice also said that in deciding to reject Kamm's request to postpone the sentence she was not expressing any opinion about whether the punishment is reasonable, because that would be debated in the full appeal hearing, with the full facts of the case.
During Thursday's hearing, Kam'ms defense attorney Ilan Bombach argued
that his client was "no risk to the public" and that her prison sentence
should be postponed pending the appeal.
Kamm was convicted in February under a plea bargain under which she
pleaded guilty to gathering and storing classified military documents
during her mandatory army service and transferring them to Uri Blau, a
political affairs reporter for Hebrew daily Haaretz
Significantly, the plea bargain Kamm signed dropped two far more severe
charges of deliberately intending to harm state security, an offense
which carries a maximum penalty of life imprisonment.
However, the plea bargain did not include a deal over sentencing, and
Kamm is now appealing against the four-and-a-half-year prison term
handed down by the Tel Aviv District Court. That sentence, Kamm says, is
The prosecution had strongly opposed any stay of Kamm's sentence.
Attorney Rachel Matar, for the state, reminded the court that Kamm's
actions had put state security at risk by stealing top secret documents
and keeping them on her personal laptop until giving them to Blau, a
reporter she had never met previously.
"In the indictment she admitted that she did this for ideological
reasons," said Matar. The prosecution also filed an expert opinion on
the security risk caused by the exposure of the documents, but did not
discuss them in court.
Kamm's attorney, Ilan Bombach, told Justice Miriam Naor that Kamm had "expressed her sincere regret" for her actions.
Bombach said that for the past two years, Kamm has been under house arrest.
"House arrest is not imprisonment," Justice Naor said in response.
Bombach went on to argue that Kamm had not breached the terms of her
detention, and had cooperated fully with the investigation against her.
Kamm testified in her original District Court trial that she had merely
been "stupid" when she gave Blau the documents. Kamm's father, Yigal,
also testified that his daughter had been "foolish, stupid, idiotic and
vapid." However, the District Court rejected this defense as
"disingenuous" and it seems unlikely Kamm's defense team will return to
this line of defense in the appeal.
Instead, in Thursday's preliminary hearing, Kamm's defense team tried to
paint a picture in which Kamm was motivated by ideological reasons to
steal the documents and give them to Blau, because she believed a High
Court of Justice order was apparently being violated.
Kamm stole 2,085 IDF documents, over 700 of which were highly
classified, during her army service as a clerk in the office of Maj.-Gen
Yair Naveh. In September 2008, after her discharge from the army, Kamm
handed Blau a disk containing 1,500 documents, 150 of them highly
classified and 330 classified.
A short time afterward, Blau reported that senior IDF and Shin Bet
(Israel Security Agency) officials had approved the terms of a targeted
killing of a terrorist in violation of a High Court ruling. A few weeks
later, another Haaretz
story intimated that the IDF had earmarked Palestinian terrorists for targeted killings.
He said Kamm had not given Blau the documents for financial reasons, but
because Blau was a political reporter who, Bombach claimed, was
"accustomed to receiving security information." Kam told Blau the
documents showed that High Court orders were being violated and asked
him to do something, Bombach said.
Those apparent High Court order violations "tormented Kam's heart," Bombach told the court.