Gov't explains ministerial committee to fire A-G: Current legal framework left us no choice
The government went the traditional and accepted route to try to dismiss Attorney-General Gali Baharav-Miara - to no avail - before turning it over to a ministerial committee. Justice Minister Yariv Levin (Likud) and Diaspora Affairs and Combating Antisemitism Minister Amichai Chikli (Likud) wrote to the High Court of Justice on Wednesday.
The two emphasized that under the current legal framework, there is no legal way to dismiss the A-G, and she must be dismissed because the relations with her are too strained to be productive. Chikli heads the ministerial committee.
About two weeks ago, the committee said its recommendation to dismiss the A-G was based on 'fundamental and ongoing disagreements and a lack of effective cooperation' with her, as well as 'delays and deficiencies in executing tasks and priorities' and 'serial rulings' that government policies were 'not legally viable.'
The ministers also cited 'adversarial and disrespectful conduct' and 'systematically voicing public criticism against the government and its ministers' as reasons for her dismissal.
Once the decision is final, it will likely be challenged in the High Court, as Baharav-Miara will likely continue serving in her position in the meantime.
The court suggested on Tuesday that the government return to the accepted legal process for firing the A-G, in place since 2000. Before that, the hiring and firing of the attorney-general was much more contained to the government, and the candidates were all qualified to be Supreme Court justices, ensuring their qualifications. What shifted and created the public-professional committee was theBar-On-Hebron affair.
In January 1997, lawyer Roni Bar-On was appointed attorney-general by Prime Minister Benjamin Netanyahu. He was not qualified for the position, and he resigned two days later after public and political outrage.
About a week later, it was revealed that his appointment was part of a deal between Netanyahu and Shas head Arye Deri, who was then internal security minister, to advance a plea bargain in Deri's corruption case. Deri pushed for the appointment in exchange for his party's support of the controversial Hebron Agreement for the withdrawal of Israeli military forces from some parts of the city.
Deri was later indicted after a police investigation resulted in charges, and as a result, he was barred from politics for a decade.
To hire or fire the A-G, an external public-professional committee must convene
The Shamgar Commission was then created to establish the criteria for the public-professional committee that would ensure such a scenario would not again unfold: To hire or fire the A-G, an external public-professional committee must convene and provide an expert opinion - before any government decision is made.
The committee is made up of a retired Supreme Court justice as chairman or chairwoman, appointed by the Supreme Court president and by approval of the justice minister; a former justice minister or attorney-general, chosen by the government; an MK, chosen by the Knesset's Constitution, Law and Justice Committee; a lawyer, chosen by the Israel Bar Association; and a legal academic, selected by the deans of the law faculties.
Levin failed to fill all the positions in the committee after all possible candidates issued consistent opposition to Baharav-Miara's firing, leading to a sharp turn in policy.
The two ministers quoted the Shamgar Committee, which established the current hiring and firing process: 'The working assumption is that the process can be carried out quickly.' They explained that attempts to fill the committee are doing exactly the opposite and impeding on the ability to move the process along.
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