Legal adviser warns of 'chilling effect,' two-tiered justice system

New bill aims to make it harder to indict senior officials, including PM, ministers

Clause requiring permission from judge and special committee to investigate top figures added to MK Rothman’s draft on splitting AG’s role, further limiting checks on power

A new version of the controversial legislation to increase government control over the role of the attorney general, set to be voted on Tuesday in a Knesset committee, includes a clause that would make it significantly more difficult to indict senior officials, including the prime minister.

The bill, if passed, would require the attorney general to obtain permission from a district court before opening a criminal investigation into politicians or senior public servants.

The new version of the bill, which was introduced by Knesset Constitution, Law and Justice Committee Chairman MK Simcha Rothman on Monday, would also require the attorney general to get approval from a special committee to file an indictment against such figures.

The officials listed in the bill are the prime minister, cabinet ministers and deputy ministers, members of Knesset, judges, and rabbinical judges, among others.

The special committee would be made up of a retired Supreme Court or district court judge to be chosen by the Supreme Court, as well as two private lawyers with expertise in criminal law, one of whom would be chosen by the attorney general and one by the Knesset State Control Committee.

Committee legal adviser Gur Bligh said Monday that the clause is problematic since it will create a two-tiered justice system, one where regular citizens can be indicted simply by the prosecutor general, whereas politicians and senior public servants can only be indicted after the approval of three different bodies or decision-makers, which he said would have a chilling effect on filing indictments against such officials.

Professional representatives of the Justice Ministry, the State Attorney’s Office, and the police also oppose the new clause, saying, respectively, that it will harm the separation of powers, negatively impact the professional discretion of the attorney general, and complicate the filing of indictments since the two private lawyers on the special committee would be exposed to sensitive information and could also refuse to even convene to file an indictment.

Yet Rothman defended the provisions as necessary oversight over prosecutorial authorities, arguing that elected officials must be able to “carry out their duties without fear.”

He said he would begin voting on the legislation in committee on Tuesday to pass it to the Knesset plenum for its first reading, after the committee merged 10 separate private bills into Rothman’s version of the legislation.

The bill introduced on Monday was part of a coalition blitz aimed at advancing contentious legislation before expected proceedings to dissolve the Knesset and trigger early elections. Monday’s committee meeting was marred by hours of shouting matches and personal confrontations, showcasing the coalition’s escalating confrontation with Israel’s legal institutions.

Opposition lawmakers shot back at Rothman for his efforts to make it harder to indict top figures, saying the proposed measures were designed to shield elected officials from criminal scrutiny.

Yesh Atid MK Yoav Segalovitz, a former deputy public security minister and retired police major general, said that such measures were clearly intended to “destroy and dismantle” anti-corruption safeguards while granting “an unjustifiable advantage” to senior elected officials.

The proposal comes with Prime Minister Benjamin Netanyahu on trial on charges of bribery, fraud and breach of trust, in relation to allegations of improper manipulation of the press and receiving illicit gifts in return for government favors. His trial began in 2020 after years of investigations.

He was set to testify Tuesday morning in the ongoing trial, though his last several dates in court were cut short or canceled due to various urgent security-related interruptions.

Netanyahu is the first sitting prime minister to go on trial in Israel. He has consistently denied any wrongdoing and has claimed that the corruption cases against him are a witch hunt and a political coup attempt fabricated by his opponents.

He has requested a pardon from President Isaac Herzog, who rebuffed the calls — as well as severe pressure from US President Donald Trump — after months of deliberation, and has instead advocated for negotiations over a plea deal.

Times of Israel staff contributed to this report.