Attorney General Gali Baharav-Miara released on Sunday morning a sharply worded legal opinion authored by her deputy, Adv. Gil Limon, ahead of a Cabinet meeting where ministers are expected to deliberate a proposal enabling her dismissal.
The legal brief criticizes the initiative as a fundamental deviation from longstanding governance norms, stating: “The proposal seeks to rewrite the rules of the game, clearly tailored to facilitate the premature termination of the current Attorney General, serving the momentary political needs of the government.”
The opinion also questions the move to eliminate the requirement for consultation with a professional-public selection committee, which was originally established to safeguard the independence of the Attorney General's office. “It is difficult to comprehend the rationale for abolishing the mandatory consultation with such a committee,” the document states.
According to the proposal brought for government approval, the dismissal of the Attorney General would no longer require consultation with the selection committee that appointed her. Instead, a hearing before a special ministerial committee would suffice. This new body would be composed entirely of coalition party representatives, excluding United Torah Judaism, which has expressed support for dispersing the Knesset.
The committee would be chaired by Minister Amichai Chikli and include Ministers Bezalel Smotrich, Itamar Ben Gvir, Gila Gamliel, and Michael Malkieli.
Limon's legal analysis further asserts that the proposal suffers from “serious substantive and procedural defects,” and warns that it “contains a series of legal flaws that undermine the integrity of the process.”
The document also points to a broader trend: “Reports have frequently emerged of attempts to weaken the gatekeepers, and various initiatives to increase politicization in the civil service... Israel has shifted from a culture of ‘it is not done’ regarding political appointments to a culture of ‘it is done now,’ adopting norms that deviate from accepted standards. There is no longer even an attempt to disguise the intent to appoint political allies.”
The opinion concludes that the move would deal a “severe blow” to the independence and authority of the Attorney General, stating: “This would severely undermine the status and ability of the Attorney General to uphold the rule of law, operate professionally and independently, and remain unafraid of arbitrary dismissal.”
Justice Minister Yariv Levin dismissed the criticism, saying Baharav-Miara is “in a conflict of interest.” National Security Minister Itamar Ben Gvir added: “Gali Baharav-Miara is invited to raise all her concerns regarding the process during the dismissal hearing. Her comments will be heard by the ministerial committee with an open heart and willingness to listen.”