Attorney General Gali Baharav-Miara informed Prime Minister Benjamin Netanyahu on Friday that he has violated his conflict of interest agreement that allows him to govern during his ongoing corruption trials and any further involvement in the judicial overhaul would be “illegal and tainted by a conflict of interest.”
The harshly worded letter from Baharav-Miara came after Netanyahu announced on Thursday night that he would henceforth ignore his conflict of interest deal to jump deep into the judicial overhaul legislation.
The 2020 deal forbade Netanyahu from making senior law enforcement and judicial appointments or getting involved in legislative matters that may impact his ongoing trial on corruption charges. Netanyahu’s announcement came hours after the Knesset passed a law to shield him from being removed from office for breaking its boundaries.
“In your speech last night, you referred to the initiatives concerning the judicial system, and in particular to the composition of the committee for the appointment of judges, and announced that you are now directly involved in these initiatives,” Baharav-Miara wrote.
“In doing so, you violated the ruling of the Supreme Court, according to which, as a Prime Minister accused of crimes, you must refrain from taking actions that give rise to a reasonable fear of the existence of a conflict of interest between your personal interests relating to the criminal proceedings and your role as prime minister,” she wrote.
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“Last night you announced publicly that you intend to violate the Supreme Court’s ruling, and to act contrary to the opinion of the Attorney General, which obligates you according to this ruling,” she said, concluding that “your statement last night and any further actions by you that violate that agreement are completely illegal and in conflict of interest.”
Prime Minister Benjamin Netanyahu makes a statement to the nation on the judicial overhaul on March 23, 2023. (Screen capture)
Baharav-Miara also clarified to Netanyahu that the legislation passed on Thursday shielding him from being removed from office did not nullify his conflict of interest agreement.
The ramifications of Netanyahu’s violations were not immediately clear, but it was likely that he could be held in contempt of court if he continues to violate the order.
In response, a source close to Netanyahu, who is on a trip to London, rejected the charges.
“Every sane person understands that at this time of national crisis that has internal and external consequences for the State of Israel, the prime minister must act to try to bring about as broad as possible national consensus, to prevent violence and to ensure law and order and the day-to-day functioning of the state,” the source said.
Prime Minister Netanyahu did not violate any ruling of the Supreme Court or any conflict of interest settlement,” they said.
“The Prime Minister’s announcement yesterday has no bearing on his personal affairs. In any case, Prime Minister Netanyahu has already informed the Supreme Court that no new judge selected by the Committee for the Selection of Judges will directly or indirectly handle the Prime Minister’s affairs,” the official said.
Speaking Thursday, Netanyahu said his government will continue to charge ahead with the plan “responsibly,” while aiming to pass a core tenet of the overhaul next week.
On Thursday morning, the Knesset finalized a law to protect Netanyahu from being forced by the High Court into taking a leave of absence.
“Until today my hands were tied,” Netanyahu said. “So tonight I announce to you, no more.”
Confirming his intention to get actively involved, Netanyahu added that he was, “putting all other issues aside” and “will do everything I can to find a solution for the sake of our people, our state.”
Police use horses to disperse Israelis protesting against plans by Prime Minister Benjamin Netanyahu’s government to overhaul the judicial system in Tel Aviv, Israel, Thursday, March 23, 2023 . (AP/Ohad Zwigenberg)
The prime minister attempted to strike a conciliatory tone in his speech, acknowledging that both proponents and opponents of the legislation have valid concerns and saying he would take action to address both. But he also confirmed that his government will not pause its legislative sprint and will seek to pass one of the most important elements of the plan next week — a bill to put key Supreme Court appointments directly in coalition control.
“The law that will pass next week in the Knesset is a law that does not control the court — it balances and diversifies it,” he asserted. “It opens the doors of the court to views and publics and vast sectors that hitherto were excluded from it.”
Netanyahu insisted that “we don’t want a controlled court, we want a balanced court.”
Opposition leaders have said they will not negotiate on the shakeup until the coalition takes a legislative pause, and will not engage during the Knesset’s upcoming April break if the judicial appointments law passes first.
Netanyahu’s speech came amid mounting protests against his government and the first signs of possible rebellion from within the Likud.
