Legislation to split and weaken role of attorney general passes first Knesset reading

Lawmakers voted 65-47 early Tuesday morning to advance a pair of controversial bills that would curtail the power of the attorney general and make it harder to indict high-ranking government officials, including the prime minister.

After passing their first plenum readings, the bills will return to the Knesset Constitution, Law and Justice Committee for further deliberations ahead of the two additional readings they must pass to become law.

The vote came after a lengthy overnight debate in the Knesset plenum, during which lawmakers also approved the first reading of a coalition-backed bill to dissolve the Knesset, potentially paving the way for early elections. That legislation will likewise return to committee for further preparation ahead of its remaining readings.

The legislation weakening the role of the attorney general is the latest front in the government’s long-running battle with Attorney General Gali Baharav-Miara, with whom it has clashed since its first weeks in office, in large part over its efforts to assert control over the judiciary and limit other checks on executive power. The High Court of Justice annulled the government’s decision to fire her on procedural grounds.

Even if the bills are not passed into law before parliament disbands, by approving them in a first reading, the coalition will be able to vote in the next Knesset to apply “continuity” to them if it wins the election, allowing lawmakers to resume legislative work without starting from scratch.

The first of the bills would split the attorney general’s role into two separate positions in a move critics say is intended to weaken the office and remove a major check on government power, including during the upcoming election season.

Currently, the attorney general serves as the government’s chief legal adviser, represents the government in legal proceedings, mostly in the High Court, and heads the prosecution service, with ultimate power to file criminal indictments against senior public officials, including cabinet ministers and the prime minister.

The controversial legislation would divide those powers between an attorney general, who would remain responsible for legal advice to the government and state representation in court, and a prosecutor general, who would assume responsibility for criminal investigations and prosecutions.

However, the bill would effectively remove all power from the slimmed-down attorney general position in the role of chief legal adviser to the government, including by making their rulings nonbinding.

Crucially, furthermore, it would give a ruling coalition, including the current one, total control over the appointment and dismissal of the three officials who would fill the roles that would replace the current attorney general position.

Supporters have insisted that these reforms are necessary to allow elected governments to fulfill their mandate and carry out the will of the electorate.

But critics argue that the legislation would remove one of the only brakes on executive power from Israel’s system of government, and politicize the criminal prosecution service as well.

The second bill, a proposed amendment to Basic Law: The Government, would make it significantly more difficult for the prosecutor general to indict senior officials, including the prime minister.

If passed, it would require the prosecutor general to obtain permission from a district court before opening a criminal investigation into politicians or senior public servants. It would also require them to get approval from a special committee to file an indictment against such figures.

The legal adviser for Knesset Constitution, Law and Justice Committee has warned the clause would create a two-tiered justice system, one where regular citizens can be indicted simply by the prosecutor general, whereas politicians and senior public servants can only be indicted after the approval of three different bodies or decision-makers, which he said would have a chilling effect on filing indictments against such officials.

Professional representatives of the Justice Ministry, the State Attorney’s Office, and the police also oppose the new clause, saying, respectively, that it will harm the separation of powers, negatively impact the professional discretion of the attorney general, and complicate the filing of indictments since the two private lawyers on the special committee would be exposed to sensitive information and could also refuse to even convene to file an indictment.

Defenders of the bill, including Knesset Constitution Committee chair Simcha Rothman, have argued that the provisions are necessary oversight over prosecutorial authorities so that elected officials be able to “carry out their duties without fear.”

The proposal comes with Prime Minister Benjamin Netanyahu on trial on charges of bribery, fraud and breach of trust, in relation to allegations of improper manipulation of the press and receiving illicit gifts in return for government favors. His trial began in 2020 after years of investigations.

Netanyahu is the first sitting prime minister to go on trial in Israel. He has consistently denied any wrongdoing and has claimed that the corruption cases against him are a witch hunt and a political coup attempt fabricated by his opponents.

He has sought a pardon from President Isaac Herzog, who rebuffed the request — as well as intense pressure from US President Donald Trump — after months of deliberation, and has instead advocated for negotiations over a plea deal.