toward an Unprecedented Showdown: Government Defies Court Order on Dismissal of LEGAL ADVISOR

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by Ifi Reporter - Dan Bielski Category:Capital Market Aug 5, 2025

Israel’s political and judicial systems are spiraling toward a major constitutional clash, following the government’s unanimous decision to dismiss Attorney General Gali Baharav-Miara—a move temporarily blocked by the High Court of Justice. Despite the court’s intervention, top government officials continue to challenge her authority, openly defying legal directives.

Communications Minister Shlomo Karai announced on Tuesday that he has instructed staff at his ministry to no longer recognize Baharav-Miara’s authority. “Any advice from her is essentially null and void,” Karai declared in a statement to the media. He also called on fellow ministers to “take the necessary actions to revoke the former legal advisor's powers” and appoint a replacement “as soon as possible.”

In response, the Israeli Democracy Watch organization submitted a petition to the High Court seeking a contempt of court order against Minister Karai, arguing that his actions directly violate Justice Noam Solberg’s binding interim ruling. “This is not a symbolic political statement, but an operational directive to ignore the court's instructions,” the petition said, calling for the court to summon a government representative for clarification.


Court Freezes Dismissal, Orders Full Cooperation

On Monday, four petitions were filed with the High Court just hours after the government's controversial dismissal of Baharav-Miara. Justice Noam Solberg issued a temporary injunction, halting the decision and ordering that Baharav-Miara retain all her powers. He stressed that the government is obligated to work with her as usual and must not boycott or replace her.

Nevertheless, Justice Minister Yariv Levin continued to undermine the ruling. In a letter to Baharav-Miara, he stated she should not "try to impose herself on a government in which she has no confidence.” Baharav-Miara, in an internal message to Justice Ministry staff, pushed back: “Political pressure will not deter me. The decision to dismiss me was made unlawfully.”

Final Hearing Set for September

Justice Solberg scheduled a full court hearing to be held by September 4, 2025. Petitioners have until ten days before the hearing to submit updated claims; the government must respond four days before the session. However, the government is already expected to request that the temporary order be lifted, claiming it has the right to choose from whom it receives legal advice.

Despite the expected appeal, legal experts say the High Court is unlikely to accept the government's position, especially since it bypassed the standard appointment process—choosing to eliminate the need for a return to the original search committee that nominated Baharav-Miara.

But a broader legal issue looms: whether the court will ultimately strike down the coalition’s attempt to change the appointment process for future legal advisors—shifting power from an independent search committee to a ministerial committee controlled by the executive.

Ministers Signal Support for Levin’s “Defiance Model”

Justice Minister Levin, at Monday’s hearing, lashed out at the judiciary, saying:

“It is impossible to accept a situation in which the court tries to impose on the government a legal advisor who is completely political, who has no trust in her, who has no cooperation with her, who thwarts the government and refuses to represent it.”

Behind closed doors, other Likud ministers have reportedly expressed interest in adopting what is being called the “Levin model”—in which ministers simply stop recognizing the authority of judicial figures or legal advisors they oppose. Levin himself previously dismissed the authority of Acting Supreme Court President Justice Yitzhak Amit.

On Monday, Levin also sent a message directly to Justice Solberg, warning of a “serious constitutional crisis that could arise” if the court continues to interfere with government decisions.

The High Court, for its part, responded unequivocally:

“The government may not impair the powers of the legal advisor or appoint a replacement, at least until a final decision has been made on the petitions.”

A Constitutional Crossroads

As the court’s deadline approaches and tensions rise, Israel faces a potentially defining moment for its democratic institutions. The outcome of this case will likely shape the balance of power between the executive and judiciary for years to come.

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