Lawmakers on the Knesset Constitution, Law and Justice Committee on Tuesday voted 9-0 to advance to their first readings in the Knesset plenum a pair of controversial bills that would curtail the power of the attorney general and make it harder to indict high-ranking government officials.

The current government has clashed with Attorney General Gali Baharav-Miara since its first weeks in office, in large part over its efforts to assert control over the judiciary and limit other checks on executive power. The High Court of Justice annulled the government’s decision to fire her on procedural grounds.

Capping off a stormy debate — during which several MKs were ordered removed from the room for interrupting the proceedings — opposition lawmakers walked out ahead of the final vote, which they argued was illegitimate.

Splitting the role of the attorney general

The first of the bills would split the attorney general’s role into three separate positions, effectively draining it of all authority and independence, in a move critics say is intended to weaken the office and remove a major check on government power, including during upcoming elections.

At present, the attorney general’s position combines three functions. The first is to serve as the government’s chief legal adviser to tell it when its policies, decisions, appointments and other actions are or are not in accordance with the law.

Crucially, the attorney general’s legal determinations are seen as binding on the government, unless the High Court of Justice says otherwise — a situation stemming from a key High Court ruling in 1993 that was never ratified through Knesset legislation.

The second is as the head of the prosecution service, with ultimate power to file criminal indictments, in particular against senior officials, including cabinet ministers and the prime minister.

And the third is to represent the government in legal proceedings, mostly in the High Court, when its policies or legislation are challenged in petitions.

The legislation would give a ruling coalition, including the current one, total control over the appointment and dismissal of the three........

© The Times of Israel