Dismissing Israel’s Attorney-General is a distraction from government’s failures

With no real justification for her dismissal, Justice Minister Yariv Levin and other government officials claim that Baharav-Miara is obstructing governance, key policies, and interferes with decision-making. The numbers tell a different story. According to the Justice Ministry, out of hundreds of government resolutions, Baharav-Miara has blocked a mere eight.

Even during wartime, as a regular participant in security cabinet meetings, she has rarely interfered with military operations or decisions related to the transfer of civilians. Instead, she has defended the government where it matters most - engaging with international jurists, helping to formulate Israel’s case at the International Court of Justice, and supporting the state’s request to delay a ruling on the controversial ultra-Orthodox IDF draft bill.

She has also taken on the difficult role of shielding the government from international legal scrutiny. It was Baharav-Miara who urged Netanyahu to establish a state commission of inquiry - an attempt to prevent the International Criminal Court from issuing potential arrest warrants against him and former Defense Minister Yoav Gallant. Netanyahu ignored the advice, fearing the consequences of an independent investigation. But that does not diminish the importance of her recommendation.

On March 23, the cabinet will convene to discuss her dismissal. Removing an attorney general, however, is not a simple process. The government could simply vote to dismiss and replace her but that could be overturned by the Supreme Court. To protect the decision, the government would need to receive approval from the governmental Appointments Committee, which is also responsible for appointing the new AG.

Netanyahu, due to an explicit conflict of interest, is legally barred from direct involvement in the dismissal or appointment of an attorney general. But if Baharav-Miara is forced out, Levin and other coalition figures will have the power to appoint someone far more compliant - someone who could potentially review, delay, or even dismiss Netanyahu’s trial.

At its core though, the proposed dismissal is not about Baharav-Miara’s performance but rather about shifting public focus.

Netanyahu wants to show the public that the October 7 disaster was not the result of his failed policies but rather was because of judicial and legal intervention by people like Baharav-Miara. The ongoing war, the prolonged stalemate, the military’s operational challenges - none of it, in his view, is his responsibility. Instead, blame is assigned elsewhere: Baharav-Miara, the courts, or even Joe Biden, for pressuring Israel to allow humanitarian aid into Gaza.

The pattern is clear: It is never Netanyahu’s fault. It is always someone else’s.

The assault on Baharav-Miara is part of a larger strategy to delegitimize Israel’s judicial system. The same reasoning explains Netanyahu’s refusal to attend the swearing-in of Supreme Court President Yitzhak Amit. By boycotting the ceremony, Netanyahu signaled to his base that he does not recognize Amit’s authority - laying the groundwork to discredit any future ruling that does not serve his interests.

This tactic is not new. It has been at play since this government took office and began trying to steamroll through the Knesset with its controversial judicial reform. The logic is straightforward: If the courts and the attorney general are portrayed as politically motivated, then any legal action against Netanyahu - whether his corruption trial or future rulings - is seen as illegitimate.

The consequences are dangerous. If Amit rules that Baharav-Miara cannot be dismissed, half the public will view his decision as illegitimate. If he one day presides over Netanyahu’s appeal, the verdict will be similarly tainted in the eyes of his supporters.

Netanyahu’s battle against Israel’s legal system is not just about one case or one decision. It is a systematic effort to weaken the checks and balances that hold power accountable.

And it is working. Public trust in the judiciary is eroding. The once-unshakable authority of the Supreme Court is being questioned. The justice system is under siege - not from external threats but from within.

What’s at stake is not merely Baharav-Miara’s tenure. It is the country’s democratic character.

Yaakov Katz is the author of the forthcoming book While Israel Slept