Ministers unanimously vote no confidence in AG, beginning formal process to dismiss her

In an unprecedented step, the cabinet voted unanimously on Sunday in favor of a no-confidence motion against Attorney General Gali Baharav-Miara, in a move designed by the government to hasten her dismissal from office.

Justice Minister Yariv Levin who has spearheaded the process of ousting the attorney general said that the move was a result of what he alleged was Baharv-Miara’s “unfitting conduct” and the “substantive, and prolonged differences of opinion” between her and the government which Levin said prevented effective cooperation.

Prime Minister Benjamin Netanyahu was not present for the vote, due to the conflict of interest he has, since he is currently on trial for corruption charges and the attorney general serves as the state’s chief prosecutor.

The decision was roundly condemned by opposition parties, who called into question its legality, and accused Netanyahu of corrupt motivations in his effort to oust the attorney general.

The move is the latest in a series of steps by the government that critics say is undermining the rule of law in Israel, including current efforts to fire Baharav-Miara, Shin Bet chief Ronen Bar, and the rejuvenated judicial overhaul.

Baharav-Miara said the effort was born of the government’s fundamental misunderstanding of her role, and insisted it was her job to tell the government when it was acting unlawfully.

The cabinet resolution that governs the firing of an attorney general states explicitly that the matter must first be brought to the statutory committee tasked with evaluating such a step, before it is brought to the government.

Baharav-Miara herself pointed out in a letter to the cabinet before the vote that there was no legal validity to the no-confidence motion, that was merely “declarative” in nature, and said it was born of “non-pertinent considerations,” a legal principle of administrative law which can be used by the courts to annul a decision.

Levin said following the vote that harsh criticism leveled at Baharav-Miara during the cabinet meeting by ministers and the support of every minister for the no-confidence motion demonstrated the severity of the breach between the government and the attorney general and called on her to resign immediately.

Leader of the Opposition Yair Lapid castigated the government over the no-confidence motion, however, calling it “illegal” and “corrupt,” while National Unity chairman Benny Gantz accused Prime Minister Benjamin Netanyahu of trying to fire the attorney general due to her opposition to government efforts to reinstate blanket military service exemptions for ultra-Orthodox yeshiva students.

Under the terms of a cabinet resolution passed in 2000, the government is entitled to dismiss the attorney general from office for five causes, one of which is “substantive and prolonged disagreements” between it and the attorney general which prevent “effective cooperation.”

Levin in the no-confidence motion and in his comments following the vote used this precise language to justify the unprecedented measure.

“The harsh words spoken by all the ministers at the meeting and the full support of the cabinet ministers for the motion to express no confidence in the adviser are a precedent-setting event that demonstrates the magnitude of the rift that the attorney general has caused in her relations with the government,” said Levin.

“From the ministers’ words and their vote, it is clear that there is no way in which effective cooperation can exist between the adviser and the government, and there is no way to restore the relationship of trust that no longer exists,” he added.

Levin said this situation was severely harming the functioning of the government and its ability to implement its policies. He also upbraided her for not attending the cabinet meeting in which the no confidence motion was discussed, and called on her to resign like “any person with integrity would do.”

The government resolution determining the procedure for firing the attorney general stipulates that the justice minister must first write to the five-member statutory committee tasked with hiring and firing the attorney general “before bringing it [the issue] to the cabinet.”

That committee is then supposed to give the attorney general a hearing, formulate its opinion, and submit it to the government, after which the government must give the attorney general a hearing, and then make a decision.

The government has yet to fully form this committee, however, since it has yet to find a former attorney general or former justice minister willing to participate in it, as required under the cabinet resolution.

In leaked remarks from cabinet meeting, ministers traded jokes at Baharav-Miara’s expense, and accused her of acting like a “leader of the opposition.”

Economy Minister Nir Barkat sniped “She probably went to a different government’s meeting,” the Walla news website reported, while Environment Minister Idit Silman was quoted as saying that, “in the previous government, she [Baharav-Miara] was the cabinet secretary, but here she is the leader of the opposition.”

In her earlier letter to the cabinet, Baharav-Miara dismissed the claims of the government regarding Levin’s claim of “substantive disagreements” between them, arguing that the issue was not the meeting of minds but the government’s actions which in her legal opinion violated the law.

She also pointed out that the Attorney General’s Office under her direction had advanced and approved hundreds of government resolutions, hundreds of pieces of government-backed legislation, and represented the government in over 2,000 court petitions against it, including key issues relating to the war with Hamas such as petitions against the government’s humanitarian aid policy to Gaza, administrative detention, and other controversial policies.

“The [no-confidence] motion does not seek to advance trust, but rather loyalty to the political echelon, not governability, but rather regime power without borders, as part of a broader process to weaken the judicial branch and deter the entire professional echelon,” charged Baharav-Miara.

“The government seeks to be above the law, and to operate without checks and balances, including at the most sensitive time, a time of emergency, anti-government protests, and an election period,” she concluded.

Lapid lambasted the proceedings, and said that they would not bear fruit.

“After being interrogated, Netanyahu tried to fire his investigator,” said Lapid of the government’s decision on Thursday night to fire Shin Bet chief Ronen Bar.

“Today, the accused Netanyahu wants to fire his prosecutor. Gali Baharav-Miara is a professional, decent, and good attorney general. That’s exactly why they want to fire her. It’s illegal, it’s corrupt. It won’t pass,” Lapid said in a recorded statement.

National Unity chairman Benny Gantz alleged that the main reason the government wanted to dismiss Baharav-Miara was that it “has pledged to pass a law that will exempt the ultra-Orthodox from conscription.”

Said Gantz “Netanyahu wants an attorney general who will allow him to bypass the High Court of Justice, step on the reservists who are enlisting for the fifth round, and anchor [military service] evasion in law.. The goal is clear: to maintain the coalition at the expense of those who maintain Israel’s security. At the expense of us all.”