Legal Affairs

By Pesach Benson • June 8, 2025

Jerusalem, 8 June, 2025 (TPS-IL) — The Israeli cabinet on Sunday approved a highly controversial resolution that fundamentally alters the process for dismissing the country’s attorney general, paving the way for the potential removal of Attorney General Gali Baharav-Miara — despite warnings from her office that the move is illegal.

The resolution, proposed by Justice Minister Yariv Levin, allows the government to bypass the traditional statutory committee composed of legal professionals and public figures that previously oversaw such dismissals. Instead, a five-member ministerial committee selected by the government will now have the authority to recommend the Attorney General’s removal, requiring only a 75 percent cabinet vote for final approval.

“We hereby declare a lack of confidence in the attorney general due to her improper conduct and the existence of fundamental and ongoing disagreements between her and the government, which prevent effective cooperation,” Levin wrote in his request to the newly established committee.

The ministerial committee will be chaired by Diaspora Affairs Minister Amihai Chikli and includes Finance Minister Bezalel Smotrich, National Security Minister Itamar Ben-Gvir, Science and Technology Minister Gila Gamliel, and Religious Services Minister Michael Malkieli.

Ben-Gvir called for the ministerial committee to convene on Monday morning and summon Baharav-Miara.

The Attorney General’s Office issued a scathing legal opinion earlier Sunday, warning that the new method would politicize the position and make the attorney general dependent on the government’s goodwill. Deputy Attorney General Gil Limon described the resolution as “an extreme expression of a series of moves recently promoted whose purpose is to remove limits and oversight over governmental power… while politicizing the public service, and harming the neutrality of [law enforcement] gatekeepers.”

Limon argued that the change would constitute a “tectonic shift” in the status of the Attorney General, which had been “an independent and apolitical position” since the founding of the state. He declared the resolution “unlawful” and noted it “involves the removal of a central and necessary institutional guarantee to ensure the attorney general’s independent functioning, which is essential to protecting the rule of law.”

Baharav-Miara herself condemned the proposal, arguing it “was introduced without prior staff work, without a professional basis explaining its necessity, and without any legal foundation.” She contended that the government’s decision “wipes out in one stroke” findings of the Shamgar Committee, which previously addressed the powers of the attorney general and dismissal procedures.

The Shamgar Committee of 1997 that Limon referred to provided the legal framework for appointing and dismissing an attorney general. The Committee 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.

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.”

The cabinet’s approval came despite strong opposition from government watchdog groups, who immediately filed petitions with the High Court. The Israel Democracy Guard organization argued the resolution was passed out of “ulterior motives” and would “harm the independence of the institution of the Attorney General’s Office.”

Culture Minister Miki Zohar warned that if the High Court reverses the decision, Israel would enter a constitutional crisis, adding, “I will, with great pain, recommend that we make a brave decision.”

While Smotrich insisted that “a professional and fair review process on the Attorney General’s performance will be conducted” with “an open heart and a willing mind,” critics noted that all committee members have previously called for Baharav-Miara’s dismissal.