MKs set Wed. to pass preliminary vote on dissolving Knesset

MKs vote to advance bills splitting and weakening role of AG, making it harder to indict PM

Opposition MKs walk out, leaving coalition lawmakers to unanimously approve bills for their first readings; deputy AG warns of ‘danger to democratic elections’

Lawmakers on the Knesset Constitution, Law and Justice Committee on Tuesday voted 9-0 to advance to their first readings in the Knesset plenum a pair of controversial bills that would curtail the power of the attorney general and make it harder to indict high-ranking government officials.

The current government has clashed with Attorney General Gali Baharav-Miara since its first weeks in office, in large part over its efforts to assert control over the judiciary and limit other checks on executive power. The High Court of Justice annulled the government’s decision to fire her on procedural grounds.

Capping off a stormy debate — during which several MKs were ordered removed from the room for interrupting the proceedings — opposition lawmakers walked out ahead of the final vote, which they argued was illegitimate.

Splitting the role of the attorney general

The first of the bills would split the attorney general’s role into three separate positions, effectively draining it of all authority and independence, in a move critics say is intended to weaken the office and remove a major check on government power, including during upcoming elections.

At present, the attorney general’s position combines three functions. The first is to serve as the government’s chief legal adviser to tell it when its policies, decisions, appointments and other actions are or are not in accordance with the law.

Crucially, the attorney general’s legal determinations are seen as binding on the government, unless the High Court of Justice says otherwise — a situation stemming from a key High Court ruling in 1993 that was never ratified through Knesset legislation.

The second is as the head of the prosecution service, with ultimate power to file criminal indictments, in particular against senior officials, including cabinet ministers and the prime minister.

And the third is to represent the government in legal proceedings, mostly in the High Court, when its policies or legislation are challenged in petitions.

The legislation would give a ruling coalition, including the current one, total control over the appointment and dismissal of the three officials who would fill the roles that would replace the current attorney general position.

(Coalition lawmakers are, in parallel, pushing another pair of bills aimed at giving government ministers “sole discretion” over the selection of candidates for senior appointments, including the attorney general and heads of the Shin Bet and Mossad security agencies.)

The bill would also remove all effective power from the slimmed-down attorney general position in their role as the government’s chief legal adviser, so that the government would no longer be bound by their legal opinion.

Backers of the bill have insisted that the far-reaching reforms are necessary to enable elected governments to fulfill their mandate and carry out the will of the electorate.

Speaking with The Times of Israel following the vote, Likud MK Moshe Saada welcomed what he called “an important vote aiming to fix a judicial system that has veered off course.”

But critics argue that the legislation would remove one of the only brakes on executive power from Israel’s system of government, and politicize the criminal prosecution service as well.

‘A danger to democratic elections’

Addressing the committee, Deputy Attorney General Gil Limon warned that the proposed law “abolishes the role of the attorney general as we know it as a gatekeeper.”

“This role carries great significance routinely, but many times more so under special circumstances, one of which is the election period, which exemplifies the combination of roles held by the attorney general. As we understand it, if we head into elections with a political attorney general, the implication is a danger to democratic elections,” Limon charged.

Hitting back, committee chairman Simcha Rothman (Religious Zionism) accused the Attorney General’s Office of “trying to hijack the state for themselves,” arguing that “the politicization on your end has crossed every possible line, and to cry out for election integrity requires immense audacity.”

A two-tiered justice system

The second bill, advanced for a first plenum reading on Tuesday, would further weaken the attorney general by requiring her to obtain permission from a district court before opening a criminal investigation into senior politicians or senior public servants. The officials listed in the bill are the prime minister, cabinet ministers and deputy ministers, members of Knesset, judges, and rabbinical judges, among others.

In order to file an indictment, the attorney general would be required to receive the approval of an external special committee — a move that committee legal adviser Gur Bligh said on Monday was problematic since it would create a two-tiered justice system.

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

The push to advance both bills comes as lawmakers are expected to vote on the preliminary reading of a bill to dissolve the Knesset on Wednesday.

If they pass their first readings in the Knesset plenum, both laws will be returned to the committee to be prepared for the final two readings needed to become law.

Even if the coalition does not manage to pass all three readings, as long as they pass the first, the coalition, should it win the elections, would be able to vote in the next Knesset to apply “continuity,” allowing lawmakers to resume legislative work without starting from scratch.

In a statement, The Democrats MK Gilad Kariv accused the coalition of holding “a vote in explicit violation of the Knesset regulations, while silencing opposition members who sought to thoroughly examine the legal issue.”

“In the coming hours, we will examine the option of petitioning the High Court of Justice regarding the legality of the vote,” he stated.