Former Israeli Supreme Court Presidents Condemn Government's Defiance and Legal Reforms Targeting Attorney General

The Israeli judiciary is sharply criticizing a coalition bill aimed at weakening the Attorney General's advisory role to the government, warning it will also undermine the independence of the Attorney General as head of the prosecution and thus the entire prosecution system. The bill, promoted by Knesset Constitution Committee Chair Simcha Rothman, seeks to allow the government to disregard the Attorney General's legal opinions, effectively stripping the office of its exclusive advisory authority.

In parallel, five former presidents of the Supreme Court, Aharon Barak, Dorit Beinisch, Asher Grunis, Esther Hayut, and Uzi Fogelman, issued a rare joint statement condemning the government's refusal to comply with a Supreme Court ruling concerning the Second Authority Council. They described the government's stance as "the last nail in the coffin of democracy," warning that ignoring court orders threatens the rule of law, leads to anarchy, and concentrates all power in one body.

Legal sources argue that the bill is not a mere division of roles but a complete dismantling of the Attorney General's independence, especially in prosecuting governmental corruption. They caution that if the government rejects the Attorney General's positions on issues like political gifts, corrupt appointments, or illegal budget allocations, it could prevent investigations or indictments. This, they say, opens the door for governmental interference in law enforcement.

During Knesset discussions, Deputy Legal Advisor Gil Limon highlighted the intertwined nature of legal advice and criminal prosecution, warning that the bill could enable government interference in criminal law enforcement, a hallmark of undemocratic regimes. Committee Attorney Goral Blei also noted the bill's insufficient safeguards for criminal prosecution, citing concerns over white-collar crime enforcement.

Rothman responded by asserting that the bill explicitly preserves the Attorney General's independence in criminal matters and accused the Attorney General and her supporters of fearmongering. He criticized the Attorney General for allegedly dragging Israel into a "fabricated bribery case," ignoring court rulings, and undermining government policy for political reasons.

The bill is advancing rapidly, with plans to pass at least the clause allowing the government to disregard the Attorney General's legal opinions before the current Knesset dissolves, while postponing decisions on splitting the Attorney General's prosecutorial powers to the next Knesset session.