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Former AG Mandelblit: Dismissing the attorney general – the return of the judicial overhaul in all its force

Former State Attorney Avichai Mandelblit arrives for a court hearing at the Tel Aviv District Court, asking the court to ban the publications of the recordings of the his conversations with Efi Nave, September 15, 2024. (Photo: Avshalom Sassoni/Flash90)

Avichai Mandelblit, former Israeli attorney general, was interviewed this morning (Thursday) on the "This Morning" program with Ilil Shahar on Kan Reshet Bet, warning about the implications of the process to dismiss current Attorney General Gali Baharav-Miara.

"This is not an isolated incident of dismissing the attorney general," said Mandelblit, who was appointed by Netanyahu as attorney general in 2016 and served until 2022, claiming that it constitutes a threat to democracy. "This is the return of the judicial overhaul in all its force and ugliness, and it is also connected to the Judicial Appointments Committee."

The former attorney general addressed the claim made by Foreign Minister Gideon Sa'ar that the fact that the Supreme Court previously rejected Baharav-Miara's position indicates the validity of the process. "I think that in almost all cases, the Supreme Court fully supports her decisions. It's fine if a decision is overturned – that's why we have a court. If at most there were two instances where her position was not accepted, that is no reason to take such an extreme measure," said Mandelblit.

Regarding a report from Kan 11 News last night, which claimed that associates of Prime Minister Benjamin Netanyahu pressured for an expedited dismissal of the attorney general, Mandelblit said: "The prime minister is not supposed to be involved in this, nor are his people. If they are, there is a conflict of interest issue." Mandelblit referred to the conflict of interest Netanyahu signed in 2020 after he was indicted in 2019 on charges of bribery, fraud, and breach of trust in three separate corruption cases.

"I assume there are thousands of decisions in which she acted hand in hand with the government, defended its policies, and did not behave differently from any other attorney general – not only myself but also my predecessors," said the former attorney general. "The policy has always been to serve the government's agenda, and I have never heard her say otherwise. They are the elected officials; no one disputes that," he added.

Former Supreme Court president: "I believe the attorney general will not be dismissed in the end"

Retired Supreme Court President Dorit Beinisch was interviewed by Elior Levy on Kan Reshet Bet, saying: "I believe the attorney general will not be dismissed in the end. While the country is bleeding, everyone is focused on the attorney general, and in the meantime, they are destroying the rule of law."

"I saw the document against the attorney general and thought it was actually a compliment to her," said Beinisch, adding that it reflects how she stood up against attempts to undermine the rule of law. She echoed Mandelblit's concerns about Justice Minister Yariv Levin's move, saying: "This is part of a series of steps aimed at changing the regime."

Levin yesterday asked the government to express no confidence in Baharav-Miara, citing "her inappropriate conduct and the existence of significant and ongoing disagreements that prevent effective cooperation" between her and the government. Levin stated that the attorney general systematically adopts an oppositional stance against the government.

Additionally, Foreign Minister Gideon Sa'ar, who appointed Baharav-Miara in 2022 while serving as justice minister in the Bennett-Lapid government, welcomed the Levin's decision, claiming that the attorney general had become a fully political player. "If I had known then everything I know today, I would not have recommended her appointment," Sa'ar wrote on social media platform 𝕏.

"Of course, hindsight is always 20/20. It is better to learn from mistakes than to persist in them. Attorney Baharav-Miara left the justice minister no choice but to take the step he announced this evening, and through her conduct, she convinced him that this measure was necessary."

Ilil Shahar is a correspondent for KAN 11 news.

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