Attorney General Gali Baharav-Miara on Sunday sent a letter to Prime Minister Benjamin Netanyahu, warning that should he consider reappointing MK Itamar Ben Gvir to the post of national Security Minister (or any other – DI), it would require a re-examination of the factual infrastructure based on which the appointment is made.
“Before our discussion on the subject in question has been completed, and before the process of formulating the state’s position with respect to the aforementioned petitions has been completed, MK Ben Gvir announced his resignation from the government. Under these circumstances, I intend to ask the court to order the deletion of the petitions, while upholding the parties’ arguments,” the AG wrote.
She added: “As you consider appointing MK Ben Gvir as a member of the government in the future, an examination of the relevant, up-to-date factual infrastructure will be required, including that which has recently been presented to you. This future examination will be carried out, to the extent necessary, in light of the rules of administrative law, and bearing in mind that this will be considered a new appointment.”
On November 11, 2024, Baharav-Miara sent a letter to Netanyahu urging him to reconsider his stance on the tenure of Minister Ben Gvir. In the letter, she expressed concern over Ben Gvir’s alleged improper interference in police operations and the influence he held over police promotions, which she believed compromised the police’s ability to serve the public impartially rather than in alignment with political interests.
The November letter was part of a broader process to form an official stance on Ben Gvir’s tenure in preparation for the state’s response to the High Court of Justice which had ordered the AG to submit her response by the evening of the 11th. In her letter, Baharav-Miara emphasized that the recent developments, combined with previous events leading up to the petition, pointed to a troubling and ongoing pattern of legal violations, undermining basic governance principles, and politicizing the police force.
Netanyahu received Ben Gvir’s response to the allegations presented against him in the High Court ahead of the hearing on the petitions demanding his removal. In December, Netanyahu was planning to inform the AG that he rejected her claim that Ben Gvir should be removed from his position and that he intended to defend him in the High Court of Justice (via an independent attorney – DI).
Netanyahu was expected to deliver his stance to the AG during their following meeting a week later, as both the PM and the AG were required to submit their responses to the High Court of Justice, after which a date for the hearing on the petitions would be scheduled.
Shortly thereafter, on January 19, three days after stating that he would resign from the government if the hostage deal was approved, National Security Minister Itamar Ben Gvir followed through on his pledge and announced his resignation, along with the resignation of his party’s government ministers.
