Israel's coalition leaders discuss resumption of judicial reform

Coalition leaders met on Sunday to discuss the removal of Attorney-General Gali Baharav-Miara from her position and the resumption of the controversial judicial reforms.

They “decided not to decide” on either of these issues, according to a spokesperson for one of the ministers present at the meeting.

The haredi parties’ leaders said they would only support the moves if the coalition first completed legislation that would exempt most haredi (ultra-Orthodox) men from IDF service, the spokesperson added.

Even though no decisions were made, National Security Minister and Otzma Yehudit chairman MK Itamar Ben-Gvir put out a statement following the meeting in which he thanked the other party leaders for the “broad agreement” regarding his demand to fire the attorney-general.

He added that there would be a follow-up meeting on Monday, in which he said he would “ensure” a decision to begin the firing process in the next full government meeting next week.

Ben-Gvir sharpened his rhetoric against the A-G a number of weeks ago after a high-ranking police officer was arrested on bribery charges after allegedly providing the minister with secret information in exchange for a promotion.

The Department of Internal Police Investigations is also likely to indict Israel Prison Service Chief Commissioner Kobi Yaakobi for alerting the officer about the ongoing investigation into his actions.

Both the officer and Yaakobi are viewed as close to Ben-Gvir. Baharav-Miara is the head of Israel’s law enforcement apparatus, including the State Attorney’s Office, which oversees the department that investigates the police.

Ben-Gvir and a number of other ministers have repeatedly called for Baharav-Miara’s removal, arguing that she has intentionally ruled their initiatives illegal to block them from implementing their policy and to eventually bring down the government. None of the ministers making this claim have provided proof.

Members of the opposition have argued that if the government did not want the A-G to intervene as much, they should stop proposing and trying to push through illegal actions.

Prime Minister Benjamin Netanyahu may not involve himself with the process of removing the attorney-general due to a conflict of interest, as he is currently also standing trial on charges of bribery, fraud, and breach of trust.

Sunday’s meeting came after Justice Minister Yariv Levin, who attended it, accused judges in the High Court of Justice of “taking advantage” of the war in order to “continue taking over authorities of the Knesset and government” and warned that “this cannot continue.”

Levin’s accusations came in response to a High Court decision on Thursday to set January 16 as the deadline for the Judicial Selection Committee – which Levin chairs – to elect a permanent chief justice.

Levin has refrained from holding a vote to elect a permanent chief justice because he does not enjoy a majority in the committee, and therefore, the committee is likely to appoint the interim Chief Justice Isaac Amit to the position, and not Levin’s preferred candidate, the conservative Yosef Elron.

A central part of the judicial reform is a bill proposal to change the makeup of the Judicial Selection Committee, such that it will give the governing coalition a majority and thus the power to choose which judges to promote and the power to determine the identity of the chief justice.

The chief justice has a number of unique statutory authorities, including appointing the members of state commissions of inquiry. In addition, the chief justice has influence over which judges will hear which cases.

Foreign Minister MK Gideon Sa’ar, who, as a member of the opposition, strongly opposed the judicial reforms, issued a statement on Sunday clarifying his position. Sa’ar wrote regarding the Judicial Selection Committee that while changes can be made, they should not be based on the 2023 legislation, “and certainly not changes that apply retroactively.”

Regarding the attorney-general, Sa’ar wrote that he supported a proposition to split the role into two separate jobs. The A-G is currently both the official interpreter of the law for the government and the one responsible for law enforcement, including against the government, and Sa’ar supported removing the latter authority.

However, Sa’ar did not mention the initiative to fire Baharav-Miara. Sa’ar appointed her to the position during his tenure as justice minister in the previous government.

“In this time, much responsibility is required to prevent the worsening of tensions in Israeli society, and any move must be balanced and take into account the enormous security and diplomatic challenges that Israel faces and will face in the coming period,” Sa’ar concluded.

Earlier on Sunday, opposition leader MK Yair Lapid and National Unity Party chair MK Benny Gantz criticized the government for considering the resumption of the reforms.

In a video statement, Lapid said, “Yariv Levin, with full backing from Netanyahu, is endangering the State of Israel. Those responsible for the October 7 disaster are returning to destroy the country on behalf of the delusions of crazed extremism. They are once again trying to crush the court, the Knesset, and our democracy.

“We will not let the government of destruction dismantle Israel and turn us into a non-democratic state. We will fight in the streets; we will fight in the Knesset; we will fight in the legal arena. We will not let them bring another disaster upon us,” Lapid said.

Gantz wrote on X/Twitter, “When I met the justice minister for the first time after October 7, I saw a stressed and frightened man, almost begging us to rescue the country from the trouble to which he understood he bore leading responsibility. We did so without asking questions, and we will always do so when the country is in trouble.”

Gantz continued, “Instead of resigning and apologizing to Israeli society for his enormous part in the disaster we went through, instead of taking responsibility for the crisis we reached, he is trying to drag us back to October 6. Any coalition member who supports this will be remembered in infamy like Yariv Levin.”