Petition asks High Court to declare Netanyahu unfit for office

The Movement for Quality Government in Israel petitioned the High Court of Justice on Thursday to declare Prime Minister Benjamin Netanyahu unfit for office.

The group argued that Netanyahu is in violation of a conflict of interest arrangement that bars him from involvement in matters that could impact his ongoing trial on graft charges.

It cited legislation his coalition is advancing that would drastically curb the High Court’s ability to strike down laws and give politicians full control over judicial picks.

Recent reports in Hebrew media claimed Attorney General Gali Baharav-Miara was looking into the possibility of ordering Netanyahu to step down for violations of the conflict of interest agreement, in light of his public remarks backing the judicial overhaul and alleged actions to advance it. Those reports were denied by the attorney general’s office.

But the anti-Netanyahu group is moving forward with the effort, saying in a statement that the premier “has proven that he is incapable of separating between his legal matters and the management of the country, and is trying to destroy democracy.”

Under the 2020 conflict of interest agreement, drawn up by then attorney general Avichai Mandelblit to enable Netanyahu to stay on as prime minister even though he is on trial, Netanyahu cannot be involved in any matters that affect witnesses or other defendants in the trial, or in legislation that would impact the legal proceedings against him.

He also cannot intervene in any issues related to the status of several top police and prosecution officials, in several fields under the responsibility of the Communications Ministry, or in the Judicial Appointments Committee, which appoints judges to the Jerusalem District Court — where his trial is being conducted — and to the Supreme Court, which would hear any appeals in the case.

In its Thursday petition, the Movement for Quality Government acknowledged that the court has ruled against taking such a drastic step in the past. However, given the sweeping proposals the government is now advancing to significantly curb the power of the judiciary, the need for Netanyahu to take a leave of absence has become more urgent, it asserted.

The petition also takes issue with Netanyahu’s recent decision to appoint Likud MK David Amsalem to the position of junior minister within the Justice Ministry, asking the court to freeze the move immediately.

The Movement for Quality Government pointed out that Netanyahu recently met with Amsalem to discuss the planned judicial overhaul, which the group said also amounts to a violation of the premier’s conflict of interest arrangement.

Netanyahu is on trial in three corruption cases on charges of fraud and breach of trust, as well as bribery in one of them. He denies wrongdoing and claims without evidence that the charges were fabricated in an attempted political coup led by the police, the state prosecution, the media and left-wing rivals.

Netanyahu’s new government is in the midst of pushing contentious legislation that will seriously weaken the judiciary. The overhaul proposed by Levin would drastically limit the High Court of Justice’s power of judicial review of legislation; allow the Knesset to re-legislate laws if the court strikes them down; give the government control over judicial appointments; and turn ministry legal advisers into political appointees while making their counsel non-binding.