Israeli ministers expected to recommend Baharav-Miara’s dismissal

Under the new system, after a hearing by the ministerial committee, a vote to dismiss must be brought before the full Cabinet, which needs to pass the decision with at least 75% of its members in favor.

By JNS

A ministerial panel led by Israeli Minister of Diaspora Affairs and Combating Antisemitism Amichai Chikli was expected to meet on Sunday afternoon to vote on the dismissal of Attorney General Gali Baharav-Miara, according to Hebrew media reports.

The vote, which was reportedly set to take place at 1 p.m. following the weekly Cabinet meeting, comes after Baharav-Miara was summoned twice for a hearing last week but failed to appear, claiming that the committee procedure established by the government was illegal.

Chikli’s committee also includes Finance Minister Bezalel Smotrich, National Security Minister Itamar Ben-Gvir, Innovation, Science and Technology Minister Gila Gamliel and Religious Services Minister Michael Malkieli—the latter delayed his formal resignation from the government to participate in the vote on Baharav-Miara’s dismissal.

If the panel votes to fire the attorney general, the matter still needs to pass through the government, which could happen as early as July 27.

In addition, Israel’s Supreme Court, sitting as the High Court of Justice, ruled on Friday that the government decision would not take effect until the justices have reviewed the procedure and reasons for the firing.

“Should the government decide to dismiss the attorney general, the decision will not take effect immediately, in order to allow sufficient time for judicial review,” Justice Noam Sohlberg wrote in his ruling.

Baharav-Miara had asked the court for a temporary injunction to freeze the push to dismiss her via the ministerial committee hearing, and to block any additional government actions related to her removal.

“The process of ending the term of office of the attorney general has become a purely political process,” she said in a statement to the Supreme Court on July 7.

While the government has the authority to fire an attorney-general, in the past such a decision could only be made at the recommendation of a professional committee composed of justices, lawyers, academics and ministers.

However, in a unanimous decision on June 8, the Cabinet altered the method by which an attorney general may be dismissed, so that the justice minister can submit a request for the dismissal to a panel comprising five government ministers.

Under the new system, after a hearing by the ministerial committee, a vote to dismiss must be brought before the full Cabinet, which needs to pass the decision with at least 75% of its members in favor.

Chikli has said that the calls for Baharav-Miara’s firing come against the backdrop of “inappropriate conduct and substantial and prolonged differences of opinion between the government and the attorney general, creating a situation that prevents effective cooperation.”

Israel’s right-wing coalition has been at loggerheads with the attorney general since its formation after the general election of Nov. 1, 2022.

According to Israeli law, Baharav-Miara does not work for the premier, as opposed to in the United States, where the attorney general is an agent of the executive branch.

Israeli Prime Minister Benjamin Netanyahu and others have often clashed with Baharav-Miara, who was appointed to the post in 2022 by the coalition led by then-premier Naftali Bennett.