Minister Levin in the Knesset (snippet - KnessetTV) - Cover image: Levin in a video in 2023 calling for a million man march in Jerusalem
Justice Minister Yariv Levin in a snippet from Knesset TV

Minister Levin's Move to Oust Attorney General Sparks Legal Debate

Details
The Judean Staff
Politics

In an unprecedented and dramatic escalation of its ongoing battle to reform Israel’s legal institutions, Prime Minister Benjamin Netanyahu’s government has officially initiated proceedings to dismiss Attorney General Gali Baharav-Miara. This move, described by critics as an outright assault on democratic norms, marks yet another flashpoint in the ongoing war between the executive and judicial branches of government.

The Legal Showdown Intensifies

Justice Minister Yariv Levin formally called on the cabinet late Wednesday to pass a “no confidence” motion against Baharav-Miara, accusing her of “inappropriate” behavior that has rendered “effective cooperation” between the judiciary and government impossible. In an inflammatory letter, Levin went further, accusing the attorney general of overseeing a “gaslighting democracy” that masquerades as upholding democratic values while “shattering them to dust.”

“Just like the Church in the Middle Ages that supposedly worked ‘in the name of God’ while trampling freedoms, our legal system claims to protect democracy while acting as its executioner,” Levin charged, framing the struggle as nothing less than a battle for Israel’s soul.

A Constitutional Crisis in the Making

The attempt to purge the attorney general—who serves as both the government’s chief legal advisor and head of public prosecution—is set to unleash a full-blown constitutional crisis. Legal experts warn that such a move could erode the very foundation of Israel’s democracy, triggering an unprecedented standoff between the Netanyahu administration and the Supreme Court.

Baharav-Miara’s predecessor indicted Netanyahu on multiple corruption charges in 2019, including allegations of illicit favor-trading with media moguls and wealthy business elites. Since then, Netanyahu has waged a relentless war against what he calls a “left-wing deep-state” conspiracy, accusing law enforcement, the judiciary, and the press of orchestrating a coup to remove him from power.

Now, with Netanyahu’s trial entering its fifth year and showing no signs of concluding, his government is once again targeting those who stand in its way.

The Attorney General as a Political Target

Since early 2023, Baharav-Miara has been a prime target of Netanyahu’s right-wing coalition, particularly following the government’s controversial push to overhaul Israel’s judicial system. The proposed reforms—widely seen as an effort to neuter the judiciary’s independence—triggered nine consecutive months of mass protests, the largest in Israel’s history.

Though the government ultimately suspended the overhaul in the wake of Hamas’s October 7, 2023, attacks and the subsequent war in Gaza, tensions between Netanyahu’s administration and the legal establishment remained at a boiling point.

Baharav-Miara has consistently ruled against key government policies, deeming major aspects of its agenda illegal or unconstitutional. In response, Netanyahu’s government has openly defied her rulings, rejecting the long-standing legal norm that the attorney general’s decisions are binding.

A Government Divided, a Nation on Edge

Within the ruling coalition, the move to oust Baharav-Miara is being celebrated as a necessary and long-overdue step. Finance Minister Bezalel Smotrich, speaking from Washington, praised the effort, declaring:

> “This is the right step—so important, so necessary. We need to learn from President Trump how a real democracy works, where public servants obey elected officials rather than undermine them.”

Yet, opposition leaders have denounced the maneuver in the strongest terms.

Opposition leader Yair Lapid called it “criminal, violent, and unconstitutional,” accusing the government of endangering Israel’s democratic fabric during wartime. In a scathing statement, he lambasted Levin:

> “Yariv Levin has decided to dismantle Israeli society while we are fighting a war. He, one of those chiefly responsible for the October 7 disaster, has learned nothing. He is harming the country, harming the rule of law, and harming the war effort.”

What Happens Next?

Legal experts caution that firing an attorney general is an extraordinarily complicated and legally dubious process. Guy Lurie, a senior research fellow at the Israel Democracy Institute, explained that the five-person advisory committee responsible for appointing the attorney general would need to weigh in on the case.

Although the committee’s ruling would not be legally binding, it would almost certainly lead to a legal battle before the Supreme Court. Given the court’s history of ruling against executive overreach, the government could find itself on the losing side of a historic judicial showdown.

> “It’s hard to see how firing the attorney general can be viewed as reasonable and not an extreme conflict of interest,” Lurie warned.

A Nation at a Crossroads

With tensions between the government and judiciary now reaching a fever pitch, Israel stands at a perilous crossroads. Will Netanyahu’s administration succeed in reshaping the country’s legal landscape to solidify its grip on power? Or will the judiciary and opposition forces manage to halt what they view as an unprecedented assault on democracy?

As the crisis deepens, one thing is clear: Israel’s political and legal battles are far from over, and the fate of its democratic institutions hangs in the balance.

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