Critics are concerned that the new judicial law implemented by the right-wing Israeli government may pose a threat to the attorney general, Gali Baharav-Miara, who plays a crucial role as a state watchdog. As the chief prosecutor of Israel, Baharav-Miara is responsible for overseeing Prime Minister Benjamin Netanyahu’s corruption trial, which he vehemently denies and dismisses as a “witch hunt” orchestrated by state prosecutors. Legal experts argue that this new law, which limits the courts’ power to overturn government decisions based on their reasonableness, could make it easier for Netanyahu’s coalition to remove Baharav-Miara. The government would face less stringent standards in order to withstand judicial review.
Former Israeli deputy attorney general Joshua Schoffman explains that if Baharav-Miara were to be abruptly dismissed, the primary grounds for challenging such a dismissal would have been the gross unreasonableness of the decision. However, the justices could still interfere if a conflict of interest was detected. It should be noted that the attorney general in Israel serves as an independent legal advisor rather than a political appointee, unlike their counterparts in the United States. Baharav-Miara represents the government but also safeguards the public interest and acts as a check against the government’s potential abuses of power.
The threat of dismissal not only affects Baharav-Miara but also has implications for the independence of all the government’s legal advisors, as indicated by Guy Lurie, a research fellow at the Israel Democracy Institute. Lurie believes that the dismissal could have a chilling effect on the autonomy of these advisors. Lurie also highlights Baharav-Miara’s staunch opposition to Netanyahu’s plans to revamp the judiciary, her prevention of the dismissal of a police commander by an ultranationalist minister, and her efforts to exclude Netanyahu from the judicial dispute in Parliament due to his corruption trial, which she considers a conflict of interest.
While Netanyahu and his allies deny any intention to fire Baharav-Miara, calls for her dismissal have emerged even from within the Likud party. Likud minister Shlomo Karhi, in an interview with Israel’s Channel 12, stated that the attorney general should be removed immediately. The only obstacle to this move, he claimed, is the matter of the reasonableness doctrine. Former top prosecutor Moshe Lador acknowledges that the Supreme Court still possesses other means to overturn attempts to fire Baharav-Miara. However, he asserts that the broader judicial overhaul aims to weaken or potentially replace the attorney general, which could serve Netanyahu’s interests in his corruption trial.
In conclusion, the implementation of the new judicial law by the right-wing Israeli government raises concerns about the potential impact on the attorney general and the independence of all the government’s legal advisors. Baharav-Miara’s role as a state watchdog overseeing Netanyahu’s corruption trial and her opposition to judicial reforms have made her a target for dismissal by Netanyahu’s allies. While the Supreme Court may still have means to intervene, the overall goal of the judicial overhaul appears to weaken or replace the attorney general, potentially benefiting Netanyahu in his legal battle.
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