Prime Minister Benjamin Netanyahu's reported desire to dismiss Attorney General Gali Baharav-Miara has thrust Israel into uncharted legal territory.
Why does he want to get rid of her?
The conflict between Netanyahu and Baharav-Miara has intensified over her opposition to wartime emergency measures, continuing disagreements about judicial reform, her oversight of Netanyahu's corruption trial, and disputes over government decision-making during the current conflict. Most recently, her insistence on prosecuting Eli Feldstein and charging him with a crime which could result in his staying in jail for the rest of his life, and holding him in horrific conditions, has made Netanyahu even less impressed with her (if that was possible).
So why does he not just fire her?
Under Israeli law, dismissing an Attorney General is an intentionally difficult process. The position holds unique protections as a non-political appointment, requiring substantial evidence of misconduct or incompetence for removal. Any dismissal attempt would face immediate Supreme Court review and need extensive documentation to justify such an extraordinary step.
The practical challenges are equally daunting. No Attorney General has ever been dismissed in Israel's history, and the position is widely regarded as essential to maintaining democratic checks and balances. During wartime, such a move would face intense international scrutiny and potentially strain coalition relationships.
The political stakes are particularly high. Any attempt to dismiss Baharav-Miara could destabilize the coalition government, trigger diplomatic backlash, affect ongoing legal proceedings, and erode public trust in governmental institutions. It would also set a precedent for future governments' authority over legal oversight.
Looking ahead, the situation could evolve in several ways. The current tensions might continue without formal dismissal attempts, or the parties could reach negotiated compromises. More dramatically, the government might attempt legislative changes to modify the Attorney General's authority, or Israel could face a constitutional crisis if dismissal is attempted.
At this point, Baharav-Miara is in a tenuous position, but so is Netanyahu, with an always insecure coalition behind him and the leftists inciting anti-Netanyahu sentiments.
Feldstein and many Israeli citizens will breathe a sigh of relief if Baharav-Miara finally leaves. But sadly, that may not happen.
The Times of Israel contributed to this article.
