AG warns government that firing her will ‘mortally harm’ rule of law, Israeli democracy

Attorney General Gali Baharav-Miara tells the government that its drive to fire her will turn the role of attorney general into a political position dependent on the grace of politicians, which she says will “mortally harm” the rule of law and other key legal principles that underpin Israel’s democracy.

The government is set to vote on a motion to fire the attorney general today \due to what it says are ongoing and substantive differences of opinion between the government and her.

Baharav-Miara has been invited to defend herself to the cabinet ahead of today’s vote but will not attend, having previously described the government’s new dismissal process as unlawful.

In a letter to the cabinet this morning, the attorney general says that the new process for firing her directly contradicts the principles set out by the Shamgar public commission in 1998, by giving the government total control over the dismissal process.

She says that the government’s effort to fire her seeks to transform the nature of the attorney general position from neutral, apolitical, and professional to one that has personal loyalty to the government.

“The implication of the process is turning the position of attorney general with their various roles… to one dependent on the good graces of the government,” writes Baharav-Miara.

“This [deals] a fateful blow to the rule of law, equality before the law, human rights, and the ability of the law enforcement system to deal with government corruption,” she continues.

“We are talking about the removal of one of the only limitations on the power of the government that exists in the Israeli legal system.”