Deputy Attorney General Warns Israeli Government Bill Would Eliminate Legal Adviser Role

Deputy Attorney General Gil Limon sharply criticized a proposed Israeli law aiming to change the status of the government legal adviser, calling it an initiative to "eliminate the role" rather than split it. Speaking this week in the Knesset and before a forum of legal advisers, Limon stated, "The masks have been removed. It is now clear to everyone that this is not a proposal to split the role but to abolish it." He warned that if the law passes, the government would no longer be subject to the rule of law, as it would effectively define the law for itself.

Limon highlighted that the bill normalizes government disregard for professional legal opinions, citing examples involving the termination of senior officials, attacks on free media, and issues of equal burden sharing. He said, "The government will not be above the law. It will be the law itself." He also expressed concern that provisions allowing the government to replace the Attorney General's office with external legal representation in disputes would politicize government legal representation and undermine judicial oversight.

The deputy AG pointed out dangerous broader consequences, including harm to the government support allocation system, which relies on the legal adviser's independence to prevent favoritism. He warned that weakening the legal adviser's position while strengthening political control over legal interpretation would directly damage this system. Although criminal law enforcement is excluded from the bill, Limon cautioned that its vague language leaves room for political interference, quoting a recent court ruling that politicization of criminal law is a hallmark of authoritarian regimes.

The bill, proposed by Knesset members Simcha Rothman, Ohad Tal, and Michal Miriam Waldiger, was approved in May by the Constitution, Law and Justice Committee and is expected to be voted on by the full Knesset. The opposition boycotted the committee vote, claiming it was illegal due to missing budgetary details, but the Knesset legal counsel allowed the vote to proceed. MK Gilad Kariv is considering petitioning the Supreme Court against the bill.

About two months ago, around 40 former government legal advisers signed a letter warning that splitting the Attorney General's role would harm democracy and integrity. They argued the bill would politicize and weaken the legal adviser, making their opinions non-binding and dependent on the government for appointment and dismissal. They stressed that the public, especially vulnerable groups, would suffer from weakened protections of fundamental rights.

The coalition advanced the bill partly because the Supreme Court is unlikely to approve the dismissal of current Attorney General Gali Baharav-Miara. The bill, which passed a preliminary reading last October, proposes dividing the Attorney General's role into two positions: one responsible for government legal advice and another, the Attorney General, responsible for the prosecution. State Attorney Amit Isman criticized the bill in December, saying it does not split the role but dismantles it. Attorney General Baharav-Miara herself warned that the bill would transform the Attorney General and the Attorney General for Prosecution from state officials serving the public interest into government lawyers, undermining the rule of law, anti-corruption efforts, and human rights.