Attorney General Gali Baharav-Miara sharply on Monday evening criticized proposed legislation that would split her existing role into three separate positions and effectively deprive the attorney general of authority and independence.
In a statement, she said the move would “lead to a blow to the foundations of the government, the rule of law, the fight against corruption and human rights.”
A legal position issued by the Attorney General’s Office on Monday also accused the government of advancing several bills on the issue, which passed preliminary Knesset readings in late October, in order to end Prime Minister Benjamin Netanyahu’s corruption trial.
Currently, when an attorney general needs to be appointed, a public, professional committee headed by a retired Supreme Court justice recommends a candidate for the cabinet to approve. The bills would split the current role of attorney general into three separate positions: a legal adviser to the government whose opinions would, unlike currently, not be binding; a prosecutor general who would be entirely beholden to politicians; and a solicitor general who would represent the government in court.
The 37-page filing by Baharav-Miara’s deputy Gil Limon argued that the legislation would politicize a currently independent position and was part of broader efforts by the government to remove checks on its power.
Get The Times of Israel’s Daily Edition
by email and never miss our top stories
By signing up, you agree to the terms
The paper said the legislation would remove “a vital safeguard for the democratic system,” turning the position “from a non-political one committed to the public interest into the private lawyer of the government. This is a fundamental regime change, with broad and systemic harm.” This, according to the paper, would cause “severe erosion and harm to central democratic safeguards, and to the core character of Israel’s system of government as a democratic system that includes checks and balances among the branches of government and limits on the power of the executive.”
Asserting that “the moves to weaken the democratic system’s safeguards are not occurring in a vacuum,” the document noted that ministers have been seeking to remove Baharav-Miara from office, citing her frequent clashes with them on legislative efforts she has deemed harmful to Israel’s democratic system, as well as her role as the overseer of Netanyahu’s ongoing trial.
Prime Minister Benjamin Netanyahu arrives at the Tel Aviv District Court for a hearing in his corruption trial, October 28, 2025 (Miriam Alster/Flash90)
The coalition has been trying unsuccessfully for months to fire Baharav-Miara, accusing her of working against the government and undermining its interests. Baharav-Miara has opposed several of the government’s signature legislative initiatives, including its controversial proposed judicial overhaul, and has refused to defend the government in proceedings in the High Court of Justice against some of its policies and legislation.
The cabinet voted unanimously on August 4 to fire Baharav-Miara, after it failed to do so according to a dismissal process established in 2000, which determined that a public, professional committee be charged with recommending the appointment and dismissal of attorneys general. The cabinet established a ministerial committee to make the recommendation instead, and adopted that committee’s recommendation when it fired her in August. However, the High Court quickly froze that move, saying the government had failed to present any justification for its deviation from the original method.
“It is clear that these proposals serve the government’s intention to replace the attorney general and appoint another attorney general who will make decisions in the prime minister’s cases, now that the government has failed to convene the professional-public committee in a manner that would allow completion of the dismissal process,” Limon wrote in the position paper.
“In this case, the implicit message is unequivocal: When the desired outcome cannot be achieved within the existing rules, the rules themselves are changed — and done so in a way targeted at a particular individual,” the document asserted.
“Government ministers and coalition members have a clear political interest in replacing the attorney general, who acts as a barrier against an arbitrary halt to the prime minister’s trial before the legal process is completed, and these bills serve that interest, after the government’s attempt to dismiss the attorney general failed.”
Backers of the bill have insisted that the far-reaching reforms are necessary to enable elected governments to fulfill their mandate and carry out the will of the electorate. But critics maintain that the legislation would remove one of the only brakes on executive power from Israel’s system of government, and politicize the criminal prosecution service as well.
Justice Minister Yariv Levin has argued that “the institution of the attorney general has been corrupted to its core.”
Justice Minister Yariv Levin attends a plenum session at the Knesset in Jerusalem, October 29, 2025. (Chaim Goldbergl/Flash90)
“The institution of the attorney general as it exists in Israel does not exist anywhere else in the world,” he said in the Knesset when the legislation passed its preliminary reading.
“We have a distorted system where a government is forced to accept a legal adviser appointed by a previous government with completely opposite positions, all while concentrating unprecedented and draconian powers in the hands of that adviser, including the authority to advise, veto government legislation, represent or oppose the government in court, and exercise criminal enforcement powers,” said Levin. “When all power is given to one unchecked entity, power corrupts.”
There has been intense pushback from both opposition politicians and good-governance watchdogs. While some agree that an examination of the attorney general’s powers is in order, they argue the government’s motives are tainted and are part of a broader effort to subvert Netanyahu’s trial and the rule of law.
The legislation is now being worked on by the Knesset Constitution, Law and Justice Committee, in preparation for the first of the three readings necessary for it to be passed into law. Even if passed, it is certain to face challenges at the High Court.
Jeremy Sharon contributed to this report.
You appreciate our journalism
You clearly find our careful reporting valuable, in a time when facts are often distorted and news coverage often lacks context.
Your support is essential to continue our work. We want to continue delivering the professional journalism you value, even as the demands on our newsroom have grown dramatically since October 7.
So today, please consider joining our reader support group, The Times of Israel Community. For as little as $6 a month you’ll become our partners while enjoying The Times of Israel AD-FREE, as well as accessing exclusive content available only to Times of Israel Community members.
Thank you,
David Horovitz, Founding Editor of The Times of Israel