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The Israeli government voted unanimously on Monday to dismiss Attorney General Gali Baharav-Miara after months of escalating tensions over her opposition to the coalition's judicial overhaul and refusal to defend key government policies in court.

The decision will not take effect until the High Court of Justice rules on pending petitions against the removal process. Government officials believe the chances of completing the dismissal process are slim, as the court is likely to strike it down.

In a letter sent to cabinet ministers, Baharav-Miara wrote that the government is effectively dismissing the chief prosecutor in the prime minister's trial "through new rules designed to ensure a desired outcome."

She warned that "from now on, the government will be able to fire any attorney general – the state's top prosecutor – without any oversight mechanisms, and even on improper grounds. For example, in retaliation for warning against illegal actions, ordering an investigation of a minister, refusing to halt a criminal case against a government member, or as part of a political deal."

She added, "This is deeply troubling in general, and especially so given that dismissing the attorney general and appointing a replacement could influence the prime minister's criminal trial and ongoing investigations involving other ministers and associates."

She also said that "the decision to change the procedure for ending the attorney general's term is fundamentally unlawful – as is any process aimed at carrying it out."

The vote to dismiss Baharav-Miara follows two years of clashes between her and the government, primarily due to her opposition to the judicial overhaul initiatives. Under the existing process, dismissing an attorney general requires the opinion of the professional committee that initially recommended her appointment.

That panel included a former Supreme Court president, an academic representative, a Bar Association representative, former Justice Minister Dan Meridor and former MK Zvi Hauser. Meridor's and Hauser's terms have expired. The prime minister may replace Meridor only with a former justice minister or attorney general, and Hauser only with a current member of the Knesset Constitution Committee.

Protest against the dismissal of the Attorney General in Tel Aviv on Sunday. Credit: Tomer Appelbaum

Due to difficulties in finding new committee members who would support her removal, the government chose to bypass the formal mechanism. Instead, it established a new ministerial committee to handle the matter. Diaspora Affairs Minister Amichai Chikli heads this panel.

The new committee summoned Baharav-Miara for a hearing, but she refused to attend, calling the committee's motivations "corrupt and illegitimate" and saying its outcome was predetermined.

Several petitions opposing the dismissal are already before the High Court, and more organizations are expected to join once the government formalizes its decision. During a hearing last month, Deputy President of the Supreme Court Noam Sohlberg stated that if the government proceeds with the dismissal, the court will hold a hearing on the matter and freeze the situation in the interim.

The High Court is widely expected to invalidate the dismissal on the grounds that the government has changed the rules mid-game by establishing a politically biased committee with a predetermined outcome. Sohlberg declined to issue an interim injunction halting the process before the government's decision, saying, "The appropriate time for judicial review of the claims is after a final decision is made."

Justice Noam Sohlberg. Credit: Emil Salman

On Monday, Haaretz reported that senior government officials were preparing to offer Baharav-Miara a deal: step down voluntarily in exchange for involvement in choosing her successor. According to sources, the offer would also include leaving her with authority over Prime Minister Benjamin Netanyahu's ongoing criminal cases.

For now, there are no active negotiations, and associates of Baharav-Miara said she would reject such an offer. Despite the looming threat of dismissal, she continues to carry out her duties as usual. She enjoys strong backing from senior figures in the public sector, judiciary, and security establishment – both past and present.

Last week, Justice Sohlberg proposed that the government reconsider returning to the original procedure for ending an attorney general's term, which includes obtaining the opinion of the appointment committee. In response, Justice Minister Yariv Levin and Minister Chikli said it had not been possible to find former ministers or attorney generals who support the dismissal.

Senior government officials have acknowledged that pushing ahead with the dismissal is meant to increase pressure on Baharav-Miara to resign as part of such a compromise. They believe the chances of securing such a deal are higher than they appear and are relying on the pressure she will face once the government severs working ties with her and stops inviting her to cabinet meetings. This move would severely hamper the attorney general's ability to provide legal counsel.

Justice Minister Yariv Levin and Netanyahu in the Knesset. Credit: Oren Ben Hakoon

Last week, Haaretz reported that ministers plan to stop inviting Baharav-Miara to government and security cabinet meetings immediately following the dismissal vote.

Legal sources warn that her absence from cabinet sessions would further undermine the international legitimacy of the government's decisions. Senior officials have argued that ceasing to invite her does not contradict Justice Sohlberg's instruction not to harm her status or appoint a replacement until the High Court rules on the matter.

Even if the High Court blocks the dismissal and Baharav-Miara remains in office, she believes the damage to the attorney general's office has already been done. In a response she filed last week to the petitions against her dismissal, she wrote that "the mere advancement of this unlawful process lends legitimacy to the dismissal."

She added: "This legitimizes a situation in which the government changes – not for the first time – the rules applicable to it on the fly, to suit its immediate needs. This conduct undermines the guarantees of independence and integrity across the entire civil service, especially for gatekeepers, and causes both immediate and cumulative harm."

Chen Maanit is an Israeli journalist. His writing has been seen in Haaretz, MSN (US), Forward, Globes, Reader Supported News, QOSHE

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