Supreme Court to Decide on Potential Dismissal of Attorney Gali Baharav-Miara
Petition Filed Against Government’s Decision
A group named “Fortress of Democracy” has submitted a petition to the Supreme Court of Israel challenging a recent government decision to alter the process for dismissing the Attorney General, Gali Baharav-Miara. The urgent petition, presented by attorney Daphna Holtz-Lehner who represents the group, argues that this decision is fraught with significant legal flaws that warrant its annulment.
According to the petition, “The government’s decision abolishes the professional-public committee, which comprises senior jurists, academics, and public figures, that is responsible for addressing the issue of dismissing the Attorney General. This committee was established as part of the findings of the ‘Shamgar Committee’, intended to safeguard the independence, professionalism, and impartiality of the legal counsel within the political framework.”
New Government Committee Established
The government’s recent move involved the formation of a “Ministerial Committee” led by Minister Amichai Shikli, with the mandate to discuss the dismissal of the Attorney General. The petition claims that the decision is beset with grave legal defects, including a conflict of interest for Prime Minister Benjamin Netanyahu, which significantly affects the entire government.
Holtz-Lehner further asserts that the government’s actions appear to be influenced by extraneous considerations, lack good faith, and reflect arbitrariness. The petition also requests an urgent temporary injunction to prevent the convening of the Ministerial Committee until a decision is reached regarding the petition.
Legal Grounds for the Petition
The petition articulates concerns about the legality of the government’s action, its timing, and the foreign interests involved, as well as its potential implications on various legal proceedings involving Prime Minister Netanyahu himself-both in the context of his ongoing criminal trial and current investigations concerning individuals close to him.
Recently, it was reported that the Fortress of Democracy group had previously approached the Attorney General through attorney Holtz-Lehner, asking for the official suspension of Prime Minister Netanyahu. This request followed a Supreme Court ruling stipulating that Netanyahu is ineligible to appoint the head of the Shin Bet security agency. Should the Attorney General fail to respond adequately, Holtz-Lehner indicated that further legal action would be pursued via the Supreme Court on behalf of the group.
In correspondence with the Attorney General, Holtz-Lehner’s letter served as a formal notstart initiating legal proceedings should no satisfactory response be received.
This development highlights the ongoing tensions surrounding legal oversight and political accountability in Israel, with significant implications for the rule of law and the independence of legal institutions in the governmental framework