The Supreme Court lifted the gag order on Thursday regarding the identity of Assaf Shmuelevitz – the defendant charged with espionage at the IDF Southern Command headquarters in the immediate aftermath of October 7. The court rejected his appeal to keep his name sealed but partially accepted the state's request to protect the identities of senior officers linked to the security breach.
Shmuelevitz faces a litany of grave charges: serious espionage, delivery of secret information, fraud, and trespassing in a military zone. The indictment alleges that during the widespread confusion and mass reserve mobilization in the war's first days, he infiltrated the Southern Command base in Beersheba while posing as a captain. Prosecutors say he exploited the chaotic atmosphere, convinced a colonel to sign off on his mobilization, and embedded himself for roughly a week in highly classified operational meetings he had no clearance to attend.
Authorities further allege that Shmuelevitz recorded intelligence data, mission plans, and classified specifics in a notebook discovered at the base. He is also accused of discussing sensitive information with colleagues and even recruiting other soldiers for an intelligence team that operated – ostensibly – as part of the war effort, all without any lawful authority.
In her decision, Supreme Court Justice Gila Canfy-Steinitz ruled that the offenses attributed to Shmuelevitz were committed during an unprecedented national emergency, exploiting a moment of acute security vulnerability – a factor that underscores both the severity of the acts and the public's right to know. The justices noted that the passage of time since the war's outbreak, the reduction in high-intensity combat, and the shifting stance of security officials all justify the disclosure.
Shmuelevitz argued that revealing his name would put his life at risk due to a "witches' sabbath" of online conspiracy theories attributing false and treasonous acts to him, including collaboration with the enemy. Canfy-Steinitz dismissed these arguments, noting they were raised only during the appeal stage, that Shmuelevitz is currently held in custody under hospitalization conditions, and that no evidence was provided to substantiate the threat.
Addressing privacy concerns, the justice ruled that Shmuelevitz's name had already circulated widely on the internet, social media, and even in public legal rulings concerning other cases.
Nevertheless, the court sided with the State in maintaining the anonymity of officers ranked colonel and above, citing concerns for state security and the officers' personal safety, including the risk of legal harassment or threats abroad.
Shmuelevitz's family released a statement defending him: "Since the investigation began, Asaf was presented as a 'spy and traitor,' while we claim he left his home on October 7 as an Israeli patriot to contribute to the war effort. With the publication of the paraphrase and the exposure of the affair's details, it became clear that this is not espionage, and that the charges against him were disproportionate."
The family maintains that Asaf entered IDF bases as a reservist, completed an mobilization process, served for 11 days, and received authorization from senior Southern Command figures. "At most, this is an information security offense that should have been clarified within a disciplinary framework, and the evidence shows he did not impersonate another person and did not act with malice," the statement read.
A medical evaluation – accepted by the State – determined he was mentally unfit at the time of the events. He chose to proceed with the legal process, believing he would be acquitted and the charges disproven.
Deputy Minister Almog Cohen, who fought to lift the gag order, responded to the ruling: "It took the detached judges of the Supreme Court 'only' 838 days to decide on the difficult issue of permitting the name of the defendant in espionage at Southern Command, Asaf Shmuelevitz. That same Asaf, who arrived in the days of October 7 with a cellphone in his underwear to record, document, and photograph highly sensitive materials from inside 'The Pit' (the underground command center) at Southern Command – is only the tip of the iceberg in that affair."
Cohen added: "I will continue to fight to expose all of it: Who were his handlers, what was his desire, and why was the name of Maj. Gen. (res.) Yair Golan written in his notebook and phone conversations even took place. Sunlight is the best disinfectant. The people of Israel are entitled and want to know who abandoned us – and to bring all the guilty to justice, behind bars until their last day."
