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NETANYAHU MINISTERS VOTE TO DISMISS ISRAELI ATTORNEY GENERAL, PENDING
TOP COURT RULING
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Chen Maanit
August 4, 2025
Haaretz
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_ In a letter to ministers ahead of the vote, Gali Baharav-Miara said
the move effectively removes the chief prosecutor in the prime
minister's trial. She won't be dismissed until the High Court rules on
petitions against it. _
Israel Attorney General Gali Baharav-Miara at the Knesset in April.,
Oren Ben Hakon
The Israeli government voted unanimously on Monday to dismiss Attorney
General Gali Baharav-Miara after months of escalating tensions over
her opposition to the coalition's judicial overhaul and refusal to
defend key government policies in court.
The decision will not take effect until the High Court of Justice
rules on pending petitions against the removal process. Government
officials believe the chances of completing the dismissal process are
slim, as the court is likely to strike it down.
In a letter sent to cabinet ministers, Baharav-Miara wrote that the
government is effectively dismissing the chief prosecutor in the prime
minister's trial "through new rules designed to ensure a desired
outcome."
She warned that "from now on, the government will be able to fire any
attorney general – the state's top prosecutor – without any
oversight mechanisms, and even on improper grounds. For example, in
retaliation for warning against illegal actions, ordering an
investigation of a minister, refusing to halt a criminal case against
a government member, or as part of a political deal."
She added, "This is deeply troubling in general, and especially so
given that dismissing the attorney general and appointing a
replacement could influence the prime minister's criminal trial and
ongoing investigations involving other ministers and associates."
She also said that "the decision to change the procedure for ending
the attorney general's term is fundamentally unlawful – as is any
process aimed at carrying it out."
The vote to dismiss Baharav-Miara follows two years of clashes between
her and the government, primarily due to her opposition to the
judicial overhaul initiatives. Under the existing process, dismissing
an attorney general requires the opinion of the professional committee
that initially recommended her appointment.
That panel included a former Supreme Court president, an academic
representative, a Bar Association representative, former Justice
Minister Dan Meridor and former MK Zvi Hauser. Meridor's and Hauser's
terms have expired. The prime minister may replace Meridor only with a
former justice minister or attorney general, and Hauser only with a
current member of the Knesset Constitution Committee.
Protest against the dismissal of the Attorney General in Tel Aviv on
Sunday. Credit: Tomer Appelbaum
Due to difficulties in finding new committee members
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would support her removal, the government chose to bypass the formal
mechanism. Instead, it established a new ministerial committee to
handle the matter. Diaspora Affairs Minister Amichai Chikli heads this
panel.
The new committee summoned Baharav-Miara for a hearing, but
she refused to attend
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calling the committee's motivations "corrupt and illegitimate" and
saying its outcome was predetermined.
Several petitions opposing the dismissal are already before the High
Court, and more organizations are expected to join once the government
formalizes its decision. During a hearing last month, Deputy President
of the Supreme Court Noam Sohlberg stated that if the government
proceeds with the dismissal, the court will hold a hearing on the
matter and freeze the situation
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the interim.
The High Court is widely expected to invalidate the dismissal on the
grounds that the government has changed the rules mid-game by
establishing a politically biased committee with a predetermined
outcome. Sohlberg declined to issue an interim injunction halting the
process before the government's decision, saying, "The appropriate
time for judicial review of the claims is after a final decision is
made."
Justice Noam Sohlberg. Credit: Emil Salman
On Monday, Haaretz reported
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senior government officials were preparing to offer Baharav-Miara a
deal: step down voluntarily in exchange for involvement in choosing
her successor. According to sources, the offer would also include
leaving her with authority over Prime Minister Benjamin Netanyahu's
ongoing criminal cases.
For now, there are no active negotiations, and associates of
Baharav-Miara said she would reject such an offer. Despite the looming
threat of dismissal, she continues to carry out her duties as usual.
She enjoys strong backing
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senior figures in the public sector, judiciary, and security
establishment – both past and present.
Last week, Justice Sohlberg proposed that the government reconsider
returning to the original procedure for ending an attorney general's
term, which includes obtaining the opinion of the appointment
committee. In response, Justice Minister Yariv Levin and Minister
Chikli said it had not been possible to find former ministers or
attorney generals who support the dismissal.
Senior government officials have acknowledged that pushing ahead with
the dismissal is meant to increase pressure on Baharav-Miara to resign
as part of such a compromise. They believe the chances of securing
such a deal are higher than they appear and are relying on the
pressure she will face once the government severs working ties with
her and stops inviting her to cabinet meetings. This move would
severely hamper the attorney general's ability to provide legal
counsel.
Justice Minister Yariv Levin and Netanyahu in the Knesset. Credit:
Oren Ben Hakoon
Last week, Haaretz reported
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ministers plan to stop inviting Baharav-Miara to government and
security cabinet meetings immediately following the dismissal vote.
Legal sources warn that her absence from cabinet sessions would
further undermine the international legitimacy of the government's
decisions. Senior officials have argued that ceasing to invite her
does not contradict Justice Sohlberg's instruction not to harm her
status or appoint a replacement until the High Court rules on the
matter.
Even if the High Court blocks the dismissal and Baharav-Miara remains
in office, she believes the damage to the attorney general's office
has already been done. In a response she filed last week to the
petitions against her dismissal, she wrote that "the mere advancement
of this unlawful process lends legitimacy to the dismissal."
She added: "This legitimizes a situation in which the government
changes – not for the first time – the rules applicable to it on
the fly, to suit its immediate needs. This conduct undermines the
guarantees of independence and integrity across the entire civil
service, especially for gatekeepers, and causes both immediate and
cumulative harm."
_CHEN MAANIT is an Israeli journalist. His writing has been seen in
Haaretz, MSN (US), Forward, Globes, Reader Supported News, QOSHE_
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