Netanyahu violated High Court ruling in judicial reform speech - A-G

Prime Minister Benjamin Netanyahu's Thursday speech announcing his involvement in the judicial reforms was in violation of his conflict of interest agreement over his ongoing corruption trials, attorney-general Gali Baharav-Miara told the Likud party leader in a Friday morning letter.

"In the speech that you have last night, you commented on initiatives that impact the legal system, and specifically -- the composition of the Judicial Selection Committee, and informed that you're now directly involved in these initiatives," Baharav-Miara wrote. "The legal situation is clear: It is on you to avoid all involvement in initiatives to alter the legal system, including the composition of the Judicial Selection Committee, which involvement with is an action of conflict of interest."

Likud responded that the attorney-general was taking the span of the conflict of interest agreement further than her predecessor had intended.

"Claims that Netanyahu cannot engage in legal reform at all, is an extreme position that indicates the intention to remove Netanyahu from his position," said the Friday Likud statement. "There is no other way to understand Beharev-Miara's words."

A-G: Incapacitation Law does not excuse PM from conflict of interest deal

In response to the perception of her attempts to remove Netanyahu from the premiership, the Likud noted that the Basic Law had been amended to prevent an official from "performing a coup against" the elected official.

"What was stated in my letter binds you and the amendment on incapacitation doesn't cancel this requirement," Baharav-Miara wrote.

The Incapacitation Law, which was passed Late Wednesday night, altered a Basic Law: The Government provision on determining a prime minister's incapability to serve to clarify that it only pertained to medical issues. The amendment also afforded the decision of incapacitation to the government and Knesset.

In late January, Israeli media had reported that Baharav-Miara had been considering declaring Netanyahu unfit for the prime minister's office due to his conflict of interest, though her office denied these reports.

Netanyahu referred to attempts to remove him through incapacitation on Thursday night, and said that until then "my hands were tied."

Baharav-Miara reminded Netanyahu that the High Court of Justice ruled in two 2020 cases, that his forming of a government was conditioned by requirements to avoid reasonable concern about abuse of power impacting his three corruption trials and his binding to a conflict of interest agreement.

The conflict of interest agreement, organized by her predecessor Avichai Mandelblit, forbade Netanyahu from involvement in law official appointments. A chief component of the judicial reforms would alter the manner in which judgeships were awarded. Mandelblit sought a situation in which a judge appointed by Netanyahu's government would not hear appeals on his corruption case, the Likud said on Friday.

Baharav-Miara announced the conflict of interest agreement still in effect in late January. She said in her Friday letter that she had sent Netanyahu a missive on February 1 notifying him that involvement in the judicial reform was against the Mandelblit agreement. Netanyahu's speech violated the conflict of interest agreement.

The Likud countered on Friday saying that Netanyahu did not and would not deal personally with the reform, judges, or systems. He was merely attempting to stem the unfolding chaos and protests and understand what legislation could be passed in the Knesset.

National Security Minister Itamar Ben-Gvir also issued support for Netanyahu, saying the Attorney-General's threatening and ordering of the prime minister in public constituted a "coup." Ben-Gvir also insisted that it was in fact Baharav-Miara that was in conflict of interest by interfering in the matter.

"The Attorney-General's letter is more proof of why she should be fired," said Ben-Gvir.

The Movement for Quality Government in Israel, which had filed the petitions that led to the two cases referenced in Baharav-Miara's Friday letter, said that it would soon be filing a motion for contempt of court. 

The petition would "demand that the sanctions prescribed by law be imposed on the prime minister, including heavy fines and imprisonment."