The Knesset’s Ministerial Committee for Legislation approved for an initial reading on Sunday a law that would split the responsibilities of Attorney-General Gali Baharav-Miara, in a push to dismantle some of the oversight the judicial advisory has over the government.
This approval pushes the judicial reform legislation right back to the spotlight as the Israel-Hamas War worsens. The bill will have its initial vote in the Knesset on Wednesday.
Baharav-Miara wrote to Justice Minister Yariv Levin on Sunday ahead of the committee meeting that the law raises heavy suspicions that its contents and timing were coordinated to affect Prime Minister Benjamin Netanyahu’s criminal trial testimonies.
The prime minister is due to wrap up his defense testimonies this week, after which cross-examination will begin.
The bill was first proposed in November and is designed to weaken the attorney-general by rendering her opinions non-binding and to split her position into two separate ones. The A-G is currently both the official interpreter of the law for the government and the one responsible for law enforcement, including against the government.
The bill was authored by New Hope-United Right MK Michel Buskila and Likud MK Hanoch Milwidsky, but has its roots in a proposal made by New Hope-United Right chairman Gideon Sa’ar.
Defining the A-G's authority, method of appointments
The bill, after all its expected revisions, would clearly define the authority of the attorney-general and the state attorney, and the method of appointments, along with a framework that would prevent any outside body from selective legal enforcement of government bills.
The proposal would “solve the built-in issue of the conflict of interest” between the two hats the attorney-general wears, according to the proposal text. It would have investigations of, and charges against, public servants fall under the state attorney, while each case will be subject to a panel of three judicial figures: A retired Supreme Court justice appointed by the Supreme Court chief justice, a former attorney-general appointed by the justice minister, and a defender from the private sector appointed by the chief public defender’s office.
All this comes amid efforts to dismiss the attorney-general, which is now on pause because of the incomplete state of the Advisory Committee for Senior Appointments.
The committee is responsible for vetting candidates for seven key positions: IDF chief of staff, Israel Police commissioner, Mossad chief, Shin Bet (Israel Security Agency) chief, Israel Prison Service head, and Bank of Israel governor and deputy governor.
The committee also recommends whether to approve the appointments, and while they are not binding, they carry weight.
Deputy Attorney-General Gil Limon wrote in the office’s response to the proposal, “These suggestions should be opposed and they should not be advanced. This is due to their nature as changing essential elements of the judiciary in a way that is rushed, that is not thorough, and which doesn’t include the input of relevant voices,” along with the concerns about the prime minister’s criminal trial proceedings, which he wrote was “sensitive to decision makers.”
He added, “There is a grave fear that these proposals are of personal interest” and are not being done professionally.
Eliav Breuer contributed to this report.