Justice Minister Yariv Levin officially initiated the impeachment process against Attorney General Gali Baharav-Miara on Wednesday night. Levin asserted in a letter that under Baharav-Miara’s leadership, the AG’s institution has transformed into a “tyrannical, violent, and predatory political authority.”
“The current Attorney General, Gali Baharav-Miara, has established a ‘democracy of plunder’ in Israel. While proclaiming democratic values, she has, in practice, trampled the very principles she claims to uphold,” Levin wrote.
Levin addressed his letter to Cabinet Secretary, Attorney Yossi Fuchs, requesting that a proposed resolution be added to the government’s agenda.
“I would like to ask you to place the following proposed resolution on the government’s agenda: The government decides to express no confidence in the Legal Advisor to the Government, Attorney Gali Baharav-Miara, due to her inappropriate conduct and the existence of significant and prolonged differences of opinion between the government and the AG. These disagreements have created a situation that obstructs effective cooperation,” Levin wrote.
Israel is the only Western democracy in which the same unelected official serves as both legal counsel to the government and Attorney General, ruling over the entire judiciary and law enforcement apparatus, without proper monitoring nor a proper procedure for impeachment.
THE USUAL CULPRIT
Former Supreme Court President Aharon Barak was the one who granted the Attorney General the authority to issue directives to the government, despite there being no legal basis for such powers. Barak spearheaded a series of measures that effectively created two principles without foundation in law:
The first is that the government is obligated to accept the Attorney General’s opinion. The second is that the Attorney General has the right to refuse to represent the government in court if it acts contrary to his opinion.
Both assertions can now be challenged by the government, and all the Supreme Court would be able to rely on in return would be its own precedence. And the precedence can be ignored in a case where the AG has been abusing her enormous powers.
Incidentally, Aharon Barak, who served as Attorney General from 1975 to 1978, emphasized the importance of keeping the role apolitical. In 2007, he stated:
“The Attorney General is a central figure in a democracy, and the position must not be politicized. When I was appointed (as AG – DI), Justice Minister Haim Tzadok did not ask about my political views, and he did not know them until the day he died. Even when I was appointed as a judge, no one asked me.”
TIME TO SACK
Justice Minister Yariv Levin accused Attorney General Gali Baharav-Miara of acting as a tool for the government’s opponents and working to undermine the will of the voters.
“The AG acts as the long arm of the government’s opponents and spares no effort in thwarting the will of the voter. She has exploited Israel’s political divide to carve out two legal systems—one for the government’s supporters and another for its opponents. In the history of the State of Israel, no policy has done more to fuel divisions than this perverse practice of discrimination, carried out by someone who is supposed to embody justice and equality,” Levin wrote.
He further stated, “The AG’s hat is not a magic hat. Wearing it does not suddenly make one impartial or unbiased. This role demands more than a hint of integrity and a touch of intelligence. The AG must detach herself from personal views and refrain from using her authority as a tool to advance a political agenda. The AG’s hat is not the crown of the kingdom.”
Quoting 19th-century historian, politician, and writer Lord Acton, Levin warned against the dangers of unchecked authority. “Power tends to corrupt, and absolute power corrupts absolutely. The AG has amassed nearly unlimited, unchecked power and wielded it in a crude and overtly political manner under the guise of professionalism and objectivity. In doing so, she has distorted the institution of the Attorney General beyond recognition. Her tenure will be remembered as a stain on this office in history, and the process of restoring and rebuilding it cannot begin until her term ends.”
Levin concluded by proposing that the government formally express no confidence in Baharav-Miara, citing her “inappropriate conduct” and the “substantial and prolonged differences of opinion” that have made effective cooperation with her impossible.
GIDEON’S REGRET
Foreign Minister Gideon Saar, who appointed Gali Baharav-Miara as Attorney General during his tenure as Justice Minister in the previous government, publicly withdrew his support for her on Wednesday evening. Saar declared that, given what he knows today, he would not have nominated her for the position.
In a statement, Saar backed Justice Minister Levin’s move to dismiss Baharav-Miara, writing: “Had I known then all the facts that I know today, I would not have proposed her candidacy. This is, of course, hindsight wisdom. However, it is better to learn from mistakes than to entrench ourselves in them. Attorney Baharav-Miara left the Justice Minister no choice but to take the step he announced this evening. Through her own conduct, she convinced him that this action was necessary.”
Saar further criticized Baharav-Miara’s role in government, stating, “Her continued imposition of authority over the government constitutes a serious malfunction that significantly undermines the executive branch’s ability to function. I have witnessed this repeatedly—and up close—over the past six months.”
