Government seeking to operate ‘above the law,’ AG charges ahead of no-confidence vote
Baharav-Miara says motion aims to promote loyalty to politicians; retired Supreme Court justices warn her dismissal ‘would seriously endanger Israel’s status as a nation of laws’
Attorney General Gali Baharav-Miara accused Prime Minister Benjamin Netanyahu’s government on Sunday of seeking to operate above the law, without any checks on its power, and of seeking to silence the government legal advice system, which she heads.
Writing to the cabinet ahead of a scheduled cabinet meeting to approve a no-confidence motion in her, the attorney general said that the motion was legally irrelevant and would have no bearing on the government’s efforts to remove her from office.
Baharav-Miara, who was not expected to attend the cabinet meeting, also argued that the government fundamentally misunderstood the role of the Attorney General’s Office, which she said was to assist the government in achieving its policies in accordance with the law.
“When the legal advice system presents the government with the boundaries of the law, it is doing its job, and it cannot be claimed that these are differences of opinion that are grounds for dismissal,” said the attorney general in response to the government’s basic claim that she has repeatedly thwarted the government from implementing its policies.
She additionally pointed out that she and the legal advisory system have assisted the current government with the advancement of hundreds of pieces of legislation and hundreds of government resolutions — a form of executive action — and represented the government in over 2,000 petitions, including on key issues relating to the war, including regarding humanitarian aid policy to Gaza, administrative detention, and other controversial policies.
“The [no-confidence] motion does not seek to advance trust but rather loyalty to the political echelon, not governability but rather unlimited regime power, as part of a broader process to weaken the judicial branch and deter the entire professional echelon,” charged Baharav Miara, referring to the government’s ongoing contentious judicial overhaul program.
“The government seeks to be above the law, and to operate without checks and balances, including at the most sensitive time, a time of emergency, anti-government protests, and an election period,” Baharav-Miara concluded.
After the cabinet convened to deliberate the no-confidence motion, Justice Minister Yariv Levin’s spokesman released a statement slamming the attorney general for refusing to attend the meeting.
“At the beginning of the discussion, Minister Levin said that he views the Attorney General’s absence from the meeting with great severity,” the spokesman said, claiming that Baharav-Miara’s decision to stay away serves as “further proof of the depth of contempt she harbors for the government and its members and that she has no answers to the allegations made against her.”
Ahead of the meeting, a number of retired Supreme Court justices also published a letter to the government, warning it against firing the attorney general.
Among the letter’s signatories were retired Supreme Court presidents Esther Hayut, Dorit Beinisch and Aharon Barak, as well as former vice president Elyakim Rubinstein and ex-justice Hanan Melcer.
The retired justices stressed that an attorney general’s legal opinions are “intended to prevent the government from making illegal decisions.
“The attorney general fulfills this role in a practical and professional manner, and it is inconceivable that fulfilling her duty as a loyal public servant would be to her detriment and lead to her dismissal,” the justices said.
They further warned that dismissing Baharav-Miara “would seriously endanger the State of Israel’s status as a nation of laws founded on sound governance and administration.”
As the cabinet was set to convene, protesters gathered in Jerusalem for a sixth consecutive day of demonstrations against plans to dismiss both Baharav-Miara and Shin Bet chief Ronen Bar, and in favor of a deal to secure the release of hostages held in Gaza.
Former Shin Ber chief Ami Ayalon was set to address the protesters, along with retired Supreme Court justice Ayala Procaccia.
The rally came a day after well over 100,000 people protested in Tel Aviv, Jerusalem and dozens of other cities across Israel on Saturday night — far more than at recent rallies — as anger over the government’s resumption of fighting in Gaza and the planned firing of Baharv-Miara and Bar, the country’s top gatekeepers, boiled over.
Earlier this month, Levin began the process of removing Baharav-Miara from her post, accusing her of having politicized her office and repeatedly thwarting the will of the government. He set in motion various bureaucratic processes required under the law to fire the attorney general.
The confirmation that a no confidence motion would be voted for on Sunday came just hours after the cabinet voted early Friday morning to dismiss Bar, the first time in Israeli history that the government has fired the head of the internal security agency.
Baharav-Miara, who was present for the vote Friday and opposed the decision, had previously warned Netanyahu that he could not fire Bar before her office reviewed his motives for doing so, amid a Shin Bet investigation into the premier’s aides and their alleged ties to Qatar.
On Friday, an 86-page document prepared by Levin, who will bring the motion of no-confidence in Baharav-Miara, was distributed and published online.
The document said Baharav-Miara has been acting “as the long arm of the government’s opponents and does not hesitate to use any means to thwart the will of the voters.”
It also said her office has become “a tyrannical political authority, at times violent and predatory.”
The document claimed Baharav-Miara has taken advantage of the political division in Israel to create “two legal systems — one for the government’s opponents and one for its supporters.”
The attorney general has repeatedly opposed the government over legislation it has proposed, as well as appointments it has made and actions it has initiated, arguing on numerous occasions that the measures taken by the government contravened the law and undermined the rule of law in different ways.
After the motion is passed, as expected, the government must convene a five-member public committee responsible for appointing, and to a large extent, dismissing, the attorney general. As two spots on the committee are currently open, they must be filled before it can convene.
The committee will give the attorney general a hearing to allow her to present her position, after which it will issue a recommendation on whether or not she should be fired. While the government isn’t required to follow the recommendation, it must also give Baharav-Miara a hearing.
Finally, the High Court of Justice will hear petitions filed against the dismissal of the attorney general before the final decision is made.
The process of firing Baharav-Miara could take months and opposition lawmakers have vowed to challenge it in court, alongside High Court petitions against the ousting of Bar. Unions and business forums have threatened to strike if the government does not abide by court rulings.
Sam Sokol contributed to this report.
The Times of Israel Community.