Legal uproar: Israeli Attorney General’s firing triggers High Court challenge

The government claims Baharav-Miara has been “serially thwarting its policies and actions,” while she maintains the government has been “acting unlawfully and advancing unconstitutional legislation.”

By Pesach Benson, TPS

Months of clashing between the Israeli government and Attorney General Gali Baharav-Miara came to a head as ministers unanimously voted to fire her on Monday.

Baharav-Miara’s ouster, by a vote of 22-0, does not take effect until the High Court of Justice examines whether her dismissal followed due process.

The opposition Yesh Atid party announced immediately after the vote it had petitioned the High Court.

Prime Minister Benjamin Netanyahu absented himself from the vote over conflicts of interest stemming from his own corruption trial.

The conflict between the government and Baharav-Miara has been brewing since the current administration took office at the end of 2022, with each side accusing the other of overreach.

The government claims Baharav-Miara has been “serially thwarting its policies and actions,” while she maintains the government has been “acting unlawfully and advancing unconstitutional legislation.”

On July 20, a ministerial committee chaired by Diaspora Affairs and Combating Antisemitism Minister Amichai Chikli voted unanimously to recommend her firing, following two missed hearings where Baharav-Miara refused to appear, calling the dismissal procedure illegal.

Baharav-Miara petitioned the Supreme Court, warning that “the process of ending the term of office of the attorney general has become a purely political process.” She accused the government of attempting to install a compliant legal advisor willing to authorize unlawful conduct.

“The claims made by the Minister of Justice show that he is looking for a legal advisor who will obey the government and legalize violations of the law for it,” she wrote, citing examples such as evading mandatory enlistment for yeshiva students and political interference in police investigations.

In a separate letter, she accused the government of acting illegally to dismiss “the prosecutor general in the prime minister’s trial,” referring to the ongoing corruption proceedings against Prime Minister Benjamin Netanyahu.

Though the Israeli attorney general is not directly employed by the prime minister—as in the U.S.—the friction between Baharav-Miara and Netanyahu’s coalition has been constant since it came to power after the November 2022 elections.

The Supreme Court, sitting as the High Court of Justice, intervened on July 18, ruling that any Cabinet decision to remove Baharav-Miara would be frozen pending judicial review.

Justice Noam Sohlberg stated that “the decision will not take effect immediately, in order to allow sufficient time for judicial review.”

Baharav-Miara boycotted the July 20 hearing, citing the ruling and reiterating her objections to the process.

Until recently, firing an attorney general required a recommendation from a professional committee composed of judges, legal experts, and ministers.

That changed on June 8, when the Cabinet voted unanimously to amend the procedure, allowing the justice minister to initiate dismissal through a panel of five government ministers. A final decision would require 75% Cabinet approval.

The opposition has pledged to challenge any dismissal in court. Yesh Atid MK Karin Elharar, who will submit a High Court petition, warned that “the government is trampling on every gatekeeper who prevents it from dismantling the state.”

She added: “This is not the dismissal of a female attorney, this is the elimination of the institution. Legal advice that… aligns itself with politicians – it is not a gatekeeper, but a mouthpiece, and this must not happen.”

In 1997, a commission headed by former Chief Justice Meir Shamgar provided the legal framework for appointing and dismissing an attorney general.

The Commission established four acceptable reasons for firing an attorney general: misconduct, physical incapacitation, a criminal investigation or indictment, or severe disagreements with the government that prevent cooperation.

Israeli Attorneys General serve a non-renewable six-year term.