The government approved in its weekly meeting on Sunday morning a proposal by Justice Minister Yariv Levin that will significantly speed up the process to fire Attorney-General Gali Baharav-Miara.

Prime Minister Benjamin Netanyahu was not present during the discussion preceding the vote, due to a conflict-of-interest agreement that bars him from taking in part with any procedure that could affect his ongoing criminal trial. The Attorney-General heads the state’s law enforcement apparatus, and as such oversees the State Attorney’s Office, which is prosecuting Netanyahu.

Deputy Attorney-General Gil Limon wrote in an advisory opinion published prior to the government meeting that Levin’s proposal was illegal and contradicted High Court of Justice legal precedent. However, the government approved it regardless.

Appointing, firing of A-G based on independent committee recommendation

A government decision in 2000 stipulated that the government appoint or fire the AG based on recommendations by an independent appointment committee.
Deputy Attorney General Gil Limon attends a Defense and Foreign Affairs Committee meeting at the Knesset, the Israeli parliament in Jerusalem on January 27, 2025. (credit: YONATAN SINDEL/FLASH90)
Deputy Attorney General Gil Limon attends a Defense and Foreign Affairs Committee meeting at the Knesset, the Israeli parliament in Jerusalem on January 27, 2025. (credit: YONATAN SINDEL/FLASH90)
The committee is chaired by a retired High Court judge appointed by the Chief Justice (currently Asher Grunis), and its other members are a lawyer chosen by the Israel Bar Association (currently Tammy Ulman), an academic appointed by university law school heads (currently Prof. Ron Shapira), a former Justice Minister or Attorney General appointed by the government, and a Member of Knesset chosen by the Knesset Constitution Committee.

The government has not been able to consult with the committee since the Knesset has refrained from appointing its representative to the committee, and no former justice ministers or AGs were willing to join it either.

Levin’s new proposal is to change the method of firing the AG by replacing the independent appointment committee with a committee made up of ministers appointed by the justice minister. The ministers will conduct an arraignment for the AG, after which a vote to fire her can be brought before the government plenary, which must pass with the support of at least 75% of all ministers.

According to the proposal, the new committee will be chaired by Diaspora Minister Amichai Chikli, and its other members will be Finance Minister Bezlale Smotrich, National Security Minister MK Itamar Ben-Gvir, Innovation and Technology Minister MK Gila Gamliel, and Religious Affairs Minister Michael Malkieli. The proposal did not explain why these ministers in particular were chosen.

In a preamble to his proposal, Levin acknowledged that one reason to change the firing method was his inability to man the existing committee. However, the justice minister argued that the main justification for the change was that the AG’s conduct has “paralyzed” parts of the government, and that the worsening of the relations made the need to consult with the appointment committee “redundant”.

Gov't voted against Baharav-Miara in March

The government voted in late March that it had no-confidence in Baharav-Miara, due to what it claimed were intentional attempts to trip up government and lead to its downfall. Baharav-Miara has argued that if the government ceased attempting to pass illegal measures, she would not need to intervene.

A spokesperson for Levin did not respond last week to a request for examples as to the “worsening” of the relations between the government and the AG since March. Levin’s proposal came a day before Baharav-Miara was set to hold an oversight meeting regarding the implementation of a High Court ruling from June 2024, that requires that it draft eligible haredim into the IDF. However, the spokesperson said that the timing of Levin’s new proposal was unrelated.

Immediately following its approval, Levin sent out summons to members of the newly formed committee requesting that it convene as soon as possible. In a separate document to the ministers, Levin gave a number of examples of what he claimed was the AG’s “contempt” for the government. One of these was her determination following a High Court injunction against the government’s decision to fire Shin Bet head Ronen Bar, that Netanyahu could not interview new candidates to the position. This opinion, which Levin called “extreme”, was not accepted by the High Court.

Smotrich said in a statement, "We will conduct a professional and fair process to examine the Attorney General's performance and evaluate her claims, ultimately recommending to the government whether to support or oppose her dismissal. The process will be carried out with an open heart and a willing spirit, while understanding the centrality of the government's trust in the Attorney General, her authority, and her performance."

Ben-Gvir in a video statement called on Chikli to convene the newly formed committee “this week”.

"We will, of course, listen to all the claims of the Attorney General, but for the sake of the State of Israel, this decision must be made as quickly as possible," Ben-Gvir said.