{"id":163840,"date":"2025-12-02T09:16:10","date_gmt":"2025-12-02T09:16:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/il\/163840\/"},"modified":"2025-12-02T09:16:10","modified_gmt":"2025-12-02T09:16:10","slug":"ag-slams-bill-carving-up-her-role-as-a-threat-to-rule-of-law-democratic-safeguards","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/il\/163840\/","title":{"rendered":"AG slams bill carving up her role as a threat to rule of law, democratic safeguards"},"content":{"rendered":"<p>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.<\/p>\n<p>In a statement, she said the move would \u201clead to a blow to the foundations of the government, the rule of law, the fight against corruption and human rights.\u201d<\/p>\n<p>A legal position issued by the Attorney General\u2019s 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\u2019s corruption trial.<\/p>\n<p>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 <a href=\"https:\/\/www.timesofisrael.com\/attorney-at-war-why-government-legislation-splitting-up-the-ag-role-is-so-divisive\/\" rel=\"nofollow noopener\" target=\"_blank\">split the current role of attorney general into three separate positions<\/a>: 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.<\/p>\n<p>The 37-page filing by Baharav-Miara\u2019s 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.<\/p>\n<p>\n\t\t\tGet The Times of Israel&#8217;s Daily Edition<br \/>\n\t\t\tby email and never miss our top stories\n\t\t<\/p>\n<p>\t\t\t\tBy signing up, you agree to the <a href=\"https:\/\/www.timesofisrael.com\/terms\" rel=\"nofollow noopener\" target=\"_blank\">terms<\/a><\/p>\n<p>The paper said the legislation would remove \u201ca vital safeguard for the democratic system,\u201d turning the position \u201cfrom 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.\u201d This, according to the paper, would cause \u201csevere erosion and harm to central democratic safeguards, and to the core character of Israel\u2019s 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.\u201d<\/p>\n<p>Asserting that \u201cthe moves to weaken the democratic system\u2019s safeguards are not occurring in a vacuum,\u201d 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\u2019s democratic system, as well as her role as the overseer of Netanyahu\u2019s ongoing trial.<\/p>\n<p>\t<a href=\"https:\/\/static-cdn.toi-media.com\/www\/uploads\/2025\/10\/F251028MA04-e1761736952976.jpg\" rel=\"nofollow noopener\" target=\"_blank\"><img loading=\"lazy\" decoding=\"async\" class=\"size-large wp-image-3676439\" src=\"https:\/\/www.newsbeep.com\/il\/wp-content\/uploads\/2025\/12\/F251028MA04-e1761736952976-640x400.jpg\" alt=\"\" width=\"600\" height=\"375\"\/><\/a><br \/>\n\t\tPrime Minister Benjamin Netanyahu arrives at the Tel Aviv District Court for a hearing in his corruption trial, October 28, 2025 (Miriam Alster\/Flash90)<\/p>\n<p>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\u2019s 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.<\/p>\n<p>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\u2019s 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.<\/p>\n<p>\u201cIt is clear that these proposals serve the government\u2019s intention to replace the attorney general and appoint another attorney general who will make decisions in the prime minister\u2019s cases, now that the government has failed to convene the professional-public committee in a manner that would allow completion of the dismissal process,\u201d Limon wrote in the position paper.<\/p>\n<p>\u201cIn this case, the implicit message is unequivocal: When the desired outcome cannot be achieved within the existing rules, the rules themselves are changed \u2014 and done so in a way targeted at a particular individual,\u201d the document asserted.<\/p>\n<p>\u201cGovernment 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\u2019s trial before the legal process is completed, and these bills serve that interest, after the government\u2019s attempt to dismiss the attorney general failed.\u201d<\/p>\n<p>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\u2019s system of government, and politicize the criminal prosecution service as well.<\/p>\n<p>Justice Minister Yariv Levin has argued that \u201cthe institution of the attorney general has been corrupted to its core.\u201d<\/p>\n<p>\t<a href=\"https:\/\/static-cdn.toi-media.com\/www\/uploads\/2025\/11\/F251029CG105-e1763418585964.jpg\" rel=\"nofollow noopener\" target=\"_blank\"><img loading=\"lazy\" decoding=\"async\" class=\"size-large wp-image-3691127\" src=\"https:\/\/www.newsbeep.com\/il\/wp-content\/uploads\/2025\/12\/F251029CG105-e1763418585964-640x400.jpg\" alt=\"\" width=\"600\" height=\"375\"\/><\/a><br \/>\n\t\tJustice Minister Yariv Levin attends a plenum session at the Knesset in Jerusalem, October 29, 2025. (Chaim Goldbergl\/Flash90)<\/p>\n<p>\u201cThe institution of the attorney general as it exists in Israel does not exist anywhere else in the world,\u201d he said in the Knesset when the legislation passed its preliminary reading.<\/p>\n<p>\u201cWe 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,\u201d said Levin. \u201cWhen all power is given to one unchecked entity, power corrupts.\u201d<\/p>\n<p>There has been intense pushback from both opposition politicians and good-governance watchdogs. While some agree that an examination of the attorney general\u2019s powers is in order, they argue the government\u2019s motives are tainted and are part of a broader effort to subvert Netanyahu\u2019s trial and the rule of law.<\/p>\n<p>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.<\/p>\n<p>Jeremy Sharon contributed to this report.<\/p>\n<p>&#13;<br \/>\n\t\t\t\tYou appreciate our journalism\t\t\t<\/p>\n<p>\t\t\t\t\t\t\t\t\t<img width=\"400\" height=\"400\" src=\"https:\/\/www.newsbeep.com\/il\/wp-content\/uploads\/2025\/09\/DH-new-headshot-circular.png\" class=\"attachment-square_large size-square_large wp-post-image\" alt=\"\" decoding=\"async\" loading=\"lazy\" title=\"\"\/>\t\t\t\t\t\t\t\t\t\t\t\t\t<\/p>\n<p class=\"crm-article-popup__counter-wrap\" style=\"display:none\">&#13;<br \/>\n\t\t\t\t\t\tWe\u2019re really pleased that you\u2019ve read  X Times of Israel articles in the past month.&#13;\n\t\t\t\t\t<\/p>\n<p>You clearly find our careful reporting valuable, in a time when facts are often distorted and news coverage often lacks context.<\/p>\n<p>Your support is essential to continue our work. 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Sign in to stop seeing this<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Attorney General Gali Baharav-Miara sharply on Monday evening criticized proposed legislation that would split her existing role into&hellip;\n","protected":false},"author":2,"featured_media":163841,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[42,43,40,38,41,39],"class_list":{"0":"post-163840","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-headlines","8":"tag-headlines","9":"tag-news","10":"tag-top-news","11":"tag-top-stories","12":"tag-topnews","13":"tag-topstories"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/il\/wp-json\/wp\/v2\/posts\/163840","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/il\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/il\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/il\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/il\/wp-json\/wp\/v2\/comments?post=163840"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/il\/wp-json\/wp\/v2\/posts\/163840\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/il\/wp-json\/wp\/v2\/media\/163841"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/il\/wp-json\/wp\/v2\/media?parent=163840"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/il\/wp-json\/wp\/v2\/categories?post=163840"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/il\/wp-json\/wp\/v2\/tags?post=163840"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}