Communications minister tells staff to ignore AG’s orders, contravening High Court

Communications Minister Shlomo Karhi on Tuesday told ministry employees to disregard orders by Attorney General Gali Baharav-Miara, after the government on Monday voted to fire her and the High Court of Justice froze the decision and ordered that she still be adhered to.

“The office of the dismissed attorney general is no longer authorized to issue legal position papers, and if it does so, they have no validity,” wrote Karhi in a letter to Communications Ministry workers.

“You are hereby required not to fulfill legal position papers from the Attorney General’s Office without approval from my office, and to consult with my office in any instance of doubt,” he continued.

His comments directly contradicted an order issued by the High Court of Justice, which froze implementation of the attorney general’s dismissal, instructed the government not to change its working relationship with Baharav-Miara, and stated explicitly that her legal position papers remain valid.

Karhi’s letter was immediately denounced by the opposition, with Democrats MK Gilad Kariv saying it could lead to a constitutional crisis where employees of the ministry will not know whether to obey the minister or the court.

The left-wing lawmaker said Karhi’s letter calls for ministry employees “to knowingly violate the High Court ruling,” and “forces them to choose between the law and the state, and the primaries campaign of an extremist minister.”

“We are a step away from the void of a constitutional crisis,” Kariv added.

Opposition Leader Yair Lapid also denounced Karhi, calling him a “criminal minister” and saying Yesh Atid will file a criminal complaint of “incitement and sedition” against Karhi with the police.

Blue and White-National Unity chairman Benny Gantz slammed Prime Minister Benjamin Netanyahu for declining to call on his cabinet to obey the High Court.

“The fact that the prime minister remains silent and is unwilling to commit to respecting any High Court ruling speaks volumes about him, no less than about his irresponsible ministers,” Gantz declared, stating that Netanyahu “bears responsibility” for Karhi’s refusal to obey the court.

Additionally, the Israel Democracy Guard organization filed a request to the High Court for a contempt of court order against Karhi, and asked the court to summon government representatives to clarify the minister’s instructions.

State Attorney: Vote to fire AG challenges rule of law

Meanwhile, State Attorney Amit Aisman on Tuesday described the government’s dismissal of Baharav-Miara as “highly irregular,” and said the decision to fire her “challenges the principles” of the rule of law in Israel.

In a letter to the employees of the State Attorney’s Office, Aisman said he believes Baharav-Miara’s termination “contravened the law,” and said the agency he heads will continue to fully cooperate with the attorney general.

“The government’s decision to terminate the term of Attorney General Gali Baharav-Miara is a highly irregular event and the first of its kind, challenging the fundamental principles of the independence of the prosecutor’s office and the Attorney General’s Office, as well as the rule of law in the State of Israel,” wrote Aisman.

Although an attorney general, Yitzhak Zamir, had been fired on one previous occasion by the government, Zamir was dismissed in 1986 before the current process of appointing and firing the attorney general was adopted in 2000.

“The State Attorney’s Office under my leadership will continue to serve the State of Israel and operate as usual and in full cooperation with the attorney general, in accordance with her status and powers under the law, out of a full commitment to maintaining the rule of law, the independence of the prosecutorial system, and the public interest,” said Aisman.

The government voted unanimously on Monday to dismiss Baharav-Miara from office, following months of confrontation between the two sides, in a decision that will have deep legal and political reverberations given the government’s long-running efforts to weaken the judiciary.

The move was then frozen by the High Court until the justices can rule on its legality. In a statement after the vote, Baharav-Miara called her dismissal “unlawful” and vowed that she and her office would remain faithful to the law and continue to act professionally and honestly.

The government has accused the attorney general of serially thwarting its will over policy, appointments and legislation, and asserted that it can no longer work effectively with her, while Baharav-Miara has argued she has simply been demarcating what the government can and cannot do under the law.

Firing the attorney general is a highly controversial step, since the role is considered one of the key positions safeguarding the rule of law in Israel, owing to its power to determine whether the government’s actions comply with the law, and due to the attorney general’s role as head of the prosecution service.

Monday’s move was seen as part of the government’s wider judicial overhaul that critics say aims to undermine the judiciary, remove the system of checks and balances, and threaten democracy.

Sam Sokol contributed to this report.