Netanyahu said to ask AG to narrow conflict of interest deal on judicial legislation

PM makes move in response to petitioners’ bids to force him to take a leave of absence, claiming judicial overhaul violates deal he signed as part of his corruption cases

Prime Minister Benjamin Netanyahu speaks at the Conference of Presidents of Major American Jewish Organizations in Jerusalem, on February 19, 2023. (Noam Revkin Fenton/Flash90)
Prime Minister Benjamin Netanyahu speaks at the Conference of Presidents of Major American Jewish Organizations in Jerusalem, on February 19, 2023. (Noam Revkin Fenton/Flash90)

Prime Minister Benjamin Netanyahu has submitted a request to Attorney General Gali Baharav-Miara that she narrow the scope of a conflict of interest agreement he signed that prevents him from being involved in legislation concerning the legal system due to his ongoing corruption trial, the Kan public broadcaster reported Sunday.

Netanyahu made the request as part of his response to a petition filed in the High Court of Justice demanding that he be removed from office while the government pushes ahead with a radical judicial overhaul that will weaken the court’s ability to block legislation passed by the Knesset.

The move came after Netanyahu accused Baharav-Miara of placing him under a “gag order” when she ruled that he is not allowed to directly deal with the overhaul, but can ask another minister to do so on his behalf. Her office later clarified Netanyahu is allowed to make public statements calling for unity on the judicial overhaul without this being considered a breach of his conflict of interest agreement.

Earlier this month, the Movement for Quality Government in Israel petitioned the court saying Netanyahu must be removed, citing his government’s efforts to radically transform the judiciary and arguing that Netanyahu is in violation of the arrangement.

As a preliminary step, the court asked the government to provide a response to the allegations.

Netanyahu is barred under the 2020 conflict of interest arrangement from directly dealing with the government’s radical plans to overhaul the legal system, as it could affect the outcome of his ongoing corruption trial down the line.

Attorney General Gali Baharav-Miara speaks during a conference in Haifa on January 12, 2023. (Shir Torem/Flash90)

President Issac Herzog reportedly urged the attorney general last week to allow Netanyahu to take part in negotiations the president is trying to broker for a compromise on the overhaul proposals but was reportedly rebuffed.

The dramatic shakeup, as advanced by Justice Minister Yariv Levin and backed by Netanyahu, would grant the government total control over the appointment of judges, including to the High Court, severely limit the High Court’s ability to strike down legislation, and enable the Knesset to re-legislate laws the court does manage to annul with a bare majority of just 61 MKs.

Critics say that along with other planned legislation, the sweeping reforms would undermine Israel’s democratic character by upsetting its system of checks and balances, granting almost all power to the executive branch and leaving individual rights unprotected and minorities undefended.

Netanyahu and other coalition members have dismissed the criticism, and Netanyahu insists the reform is overdue and will strengthen Israeli democracy.

The prime minister is currently on trial in three separate cases, where he is charged with one count of bribery and three of fraud and breach of trust.

Netanyahu denies wrongdoing in all three cases and has claimed that the charges constitute an effort by the media, political rivals, prosecutors, and law enforcement to force him from power.

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