After the cabinet approved the change to the Attorney General’s role, Gali Baharav-Miara claimed that the move was intended to influence the Netanyahu trial.
Attorney General Gali Baharav-Miara has submitted her opinion to Justice Minister Yariv Levin regarding the proposal to change the Attorney General’s role.
According to the proposal, the powers of the Attorney General to decide on the investigation and prosecution of public officials (Members of the Cabinet and Knesset) will be transferred to a panel that will include a retired Supreme Court justice (appointed by the President of the Supreme Court), a former Attorney General (appointed by the Minister of Justice), and a private attorney (appointed by the national public defender).
“There is serious concern that the proposal and its timing are intended to influence the Prime Minister’s trial and additional ongoing criminal proceedings,” Baharav-Miara wrote in a letter sent to Levin by Deputy Attorney General Gil Limon.
“There is a need to oppose the proposals on this issue and not to promote them. This is due to procedural and substantive reasons, including that these proposals constitute a regime change that is being promoted hastily, without conducting preparatory work, without consulting the relevant parties, and due to serious concerns that these are intended to advance significant personal interests regarding the existence of ongoing criminal proceedings and investigations, and regarding the appointment of the Attorney General.”
The legal opinion was sent to the ministers’ legislative committee, which approved the promotion of the bill by MK Michel Buskila (United Right) to change the role of the Attorney General.
Buskila’s bill is based on the plan for splitting the role formulated by Foreign Minister Gideon Sa’ar, when he served as Minister of Justice.
His staff stated “The proposal aims to solve the problem of concentration of power and the inherent conflict of interest whereby those who advise the government and its ministers are also those authorized to investigate them and bring them to criminal trial. According to the explanatory notes of the proposal, this also creates an inherent tension between the role of the Attorney General and government members.”
Foreign Minister Gideon Sa’ar responded: “I welcome the decision of the ministers’ legislative committee. The structural change in the role of the Attorney General is essential. It prevents a situation of inherent conflict of interest where the government’s Attorney General and its ministers are also their prosecutor. I call on opposition members to show responsibility and support the proposal and remind that it was already included in the program that was agreed upon in the previous government as part of the coalition agreements.”
During the committee discussion, Minister Levin proposed to further split the role so that there would be another person who would provide legal advice on international law. He explained that “This is a unique law that requires someone with unique expertise. Giving a higher status to someone who is currently the Deputy Attorney General in this matter also has significance in the international arena.”
Levin also proposed to separate from the Attorney General’s role the representation of the government in legal proceedings. “It is appropriate to separate between those who advise and those who represent the government in legal proceedings. We have seen more than once that the government remained without representation, and this matter also requires examination.”
He noted that “The replacement of the Attorney General must happen well before the completion of the legislative process regarding the division. If she had an ounce of integrity, she would resign immediately.”
