AG freezes top cop’s ‘unprecedented’ decision to remove police legal adviser from post
Baharav-Miara intervenes after police chief Daniel Levy tells ombudsman Elazar Kahana, who opposed Ben Gvir’s effort to promote indicted cop, that he’s being moved to new position
Israel Police Commissioner Daniel Levy on Tuesday dismissed the force’s top legal adviser from his post, in a move that Attorney General Gali Baharav-Miara announced she was blocking, prompting a charge from Levy that the attorney general was “de facto usurping” his authority.
Levy’s announcement that he was moving Assistant Commissioner Elazar Kahana to another post — and Baharav-Miara’s subsequent order — further escalated the clash between the attorney general and Public Security Minister Itamar Ben Gvir over the latter’s efforts to promote an officer indicted for throwing a stun grenade at anti-government protesters in March 2023, injuring a woman.
Baharav-Miara has called Ben Gvir’s decision to promote Police Superintendent Meir Suissa and appoint him as commander of the South Tel Aviv Police Station “illegal,” and told the High Court of Justice last month that the far-right minister should not be allowed independent counsel to fight a lower court order freezing his decision.
Kahana also opposed Suissa’s promotion, saying it contravened police regulations due to the ongoing legal proceedings against him.
The attorney general sent Levy a letter dated Tuesday informing him she was freezing his decision to remove Kahana as ombudsman after the Haaretz daily revealed the police chief had told Kahana that he was being put in charge of the prosecution department, despite not being a candidate for the position.
Baharav-Miara told Levy the appointment was carried out “in a rushed process and against the officer’s will” and that Kahana was removed as legal adviser “without any reason at all to justify this.”
She said that to ensure their independence, the appointment or removal of a government legal adviser must be done with her approval as they are subordinate to her office, yet Levy did not notify her regarding Kahana.
“An act like this… is unprecedented,” she wrote.
She also said she spoke with Levy earlier in the day and that the two agreed Kahana would remain as police legal adviser until they held a formal sit-down on the matter.
However, the police chief nevertheless went ahead with the move.
In response, police insisted Kahana’s new posting was part of a broader round of appointments for assistant commissioners. “The attempt to assign the appointment another explanation should be rejected out of hand,” a police statement said.
On Wednesday, Levy issued a sharply-worded response challenging the legality of Baharav-Miara’s intervention.
“I am not familiar with any legal obligation to consult with the attorney general before appointing a senior officer in the police force,” Levy said in a letter to the attorney general that was leaked to the press.
“Your request represents a de facto usurping of my authority,” he added.
