Levin initiates process of firing AG; opposition says he’s destroying democracy, unity
Justice minister calls Baharav-Miara ‘the long arm of the government’s opponents’; opposition leaders warn long-threatened move harms rule of law, divides Israel at a time of war
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
Justice Minister Yariv Levin began the process of removing Attorney General Gali Baharav-Miara from her post on Wednesday, accusing her of having politicized her office and repeatedly thwarting the will of the government, in a move that immediately generated heated political reactions.
Levin, who has long threatened to take action against Baharav-Miara, set in motion various bureaucratic processes required under the law to fire the attorney general, including asking the cabinet secretary to set a date for a hearing on his motion in the cabinet.
The process of firing Baharav-Miara could take months, and would be certain to be challenged in the High Court of Justice.
“The attorney general acts as the long arm of the government’s opponents and spares no effort to thwart the will of the voter,” wrote Levin in his motion to dismiss Baharav-Miara.
The attorney general has repeatedly opposed the government over legislation it has proposed, as well as appointments it has made and actions it has taken, arguing on numerous occasions that the measures taken by the government contravened the law and undermined the rule of law in different ways.
Her decisions regarding the government’s obligation to draft ultra-Orthodox yeshiva students following a High Court decision on the issue, as well as banning the government from providing key welfare benefits to ultra-Orthodox families that have a parent who is evading the draft, have caused the government and Prime Minister Benjamin Netanyahu severe political headaches.
Opposition figures denounced Levin’s move, with Opposition Leader Yair Lapid accusing him of dividing Israeli society at a time of war and “harming the rule of law,” and National Unity party leader Benny Gantz charging the justice minister is “destroying democracy” and “harming the unity of Israel.”
Government ministers and numerous coalition MKs warmly welcomed the step, however, with Communications Minister Shlomo Karhi congratulating Levin for fulfilling his promise to dismiss Baharav-Miara and calling on her to “go home.”
There are, however, doubts regarding the government’s ability to successfully fire the attorney general, given the makeup of the statutory committee tasked with weighing a government request to remove her from office.
Tensions have long simmered between the current government and Baharav-Miara, who was appointed under the previous, Bennett-Lapid government. She has been at the sharp end of repeated attacks in cabinet by an array of ministers for challenging the legality of government actions, including many bills that formed the hardline government’s controversial judicial overhaul agenda.
On Wednesday, Levin sent letters to Knesset Speaker Amir Ohana and Cabinet Secretary Yossi Fuchs, instructing them to fill the empty positions on the statutory committee for appointing and dismissing the attorney general.
The justice minister also sent an additional letter to Fuchs asking him to put the attorney general’s dismissal on the government’s agenda and requesting that he set a date for this in short order.
Read more: Getting rid of these troublesome officials: Can Netanyahu fire AG, IDF chief, Shin Bet head?
To fire an attorney general, the justice minister must write to the five-member public committee that appoints the attorney general, detailing the government’s objections to the functioning of the attorney general.
The committee must then hold a hearing for the attorney general to allow her or him to present their position, after which it must issue a recommendation to the government on whether or not to dismiss them.
The government can ignore the committee’s recommendation, although that would weaken its decision if and when it were challenged in the High Court of Justice.
The committee is comprised of a former Supreme Court justice — who chairs the panel — chosen by the president of the Supreme Court with the agreement of the justice minister; a former justice minister or attorney general chosen by the government; an MK chosen by the Knesset’s Constitution, Law and Justice Committee (which is currently headed by Religious Zionism coalition MK Simcha Rothman); a representative of the Israel Bar Association; and a law professor chosen by the deans of Israel’s university law faculties.
That committee currently lacks an MK and a former justice minister, prompting Levin’s letters to the Knesset speaker and cabinet secretary to fill those spots.
The current chair of the committee is former Supreme Court president Asher Grunis. Grunis opposed Baharav-Miara’s appointment when she was selected by the previous government, stating she was not qualified for the job, according to a report a year after she was chosen.
It remains to be seen, however, if Levin can find a former justice minister to fill that spot on the committee.
Foreign Minister Gideon Sa’ar served as justice minister in the Bennett-Lapid government in which Baharav-Miara was appointed, while Knesset Speaker Ohana also served in the role. But it is unclear if their current roles preclude them from serving on the committee.
There are four justifications for the government to remove the attorney general from office, including if there are “substantive and ongoing differences of opinion between the government and the attorney general which create a situation that prevents effective cooperation.”
In the 85-page no-confidence motion Levin submitted to the cabinet against the attorney general on Wednesday night, the justice minister detailed at length the government’s arguments as to why it can no longer work with Baharav-Miara.
He pointed out that the attorney general has blocked numerous government administrative actions as having a “legal impediment,” including an effort by Interior Minister Moshe Arbel to cancel the former mufti of Jerusalem’s permanent residency due to security violations he committed.
Levin also cited her opposition to efforts by the government to enable ultra-Orthodox yeshiva students to avoid the military draft, extend the age of IDF reserve duty for registered reservists, and more.
He also accused her of serially opposing government legislation, either by extended delays in filing her legal position to the bill or by declaring it to have a legal impediment.
“The attorney general thereby unlawfully turned herself into a veto power of the legislative branch against dozens of bills ministers have sought to advance,” Levin wrote.
Since government bills could not be advanced as they require the attorney general’s support, the coalition has used private members’ bills to advance the government’s legislative agenda, but Levin accused Baharav-Miara of seeking to stymie that legislation, too.
He noted she had opposed a controversial bill limiting the judiciary’s ability to recuse a prime minister — which the High Court ultimately ruled could not be applied until after the next elections — as well as bills to change the appointments process for the head of the civil service, where the High Court has also ruled against the government, and privatizing the Kan public broadcaster, among numerous other bills.
Levin also expressed intense anger at Baharav-Miara’s frequent refusal to represent the government in legal proceedings against the government, noting that she had refused to defend the government on 14 separate occasions in the last two years. He said that an attorney general refusing to represent the government in such proceedings had only occurred twice in the previous six years.
“This fact alone indicates the existence of substantial and longstanding differences of opinion in this aspect of the attorney general’s role,” Levin said.
The justice minister also denounced Baharav-Miara for frequently denying the government private representation when she refused to represent it in court.
He pointed out that the High Court itself upbraided Baharav-Miara for refusing the government independent counsel when she opposed the government’s appointment of an interim head of the Second Authority for Television and Radio regulatory agency.
“The attorney general has appropriated almost unlimited, unbridled power for herself, and made crude and ugly political use of it under the guise of professionalism and objectivity,” charged Levin.
The Times of Israel Community.