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AG: Netanyahu violates the law and the conflict of interest agreement

Baharav-Miara: The Prime Minister’s announcement of involvement in the judicial overhaul constitutes a violation of a court ruling and is considered illegal.

Gali Baharav-Miara and BenjaminNetanyahu

Attorney General Gali Baharav-Miara has accused Prime Minister Benjamin Netanyahu of violating the agreement on conflict of interest that permits him to govern while his corruption trial is ongoing. Baharav-Miara’s letter to the Prime Minister on Friday was strongly worded and described Netanyahu’s involvement in the coalition’s judicial overhaul as “illegal and tainted by a conflict of interest.”

“In your speech last night, you referred to the initiatives concerning the judicial system, particularly the committee’s composition 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 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.”

Netanyahu had announced that he would disregard the conflict of interest agreement and actively participate in the controversial judicial overhaul legislation. However, this move contradicts the 2020 agreement that prohibits Netanyahu from making senior law enforcement and judicial appointments or involving himself in legislative issues that could impact his ongoing trial for corruption.

The address occurred amid escalating protests against Netanyahu’s government and the first indications of a possible Likud mutiny.

Baharav-Miara further stressed to Netanyahu that the Thursday law safeguarding him from removal from office did not undermine his conflict of interest agreement.

Netanyahu’s infractions were not immediately apparent, but it was feasible that he could be put in contempt of court if he disobeyed the court’s ruling. It seemed improbable that the High Court would force Netanyahu to refrain from participating in the judicial reform, as it would be a severe measure to restrict the prime minister from addressing the most pressing subject of the day.

In response to the attorney general’s letter, a source close to Netanyahu, who is on a trip to London, rejected her argument and conclusion.

Following Baharav-Miara’s announcement, the Movement for Quality Government in Israel, which has previously petitioned the court regarding Netanayhu’s conflict of interest, stated that it would submit a petition requesting that he be found “in contempt of court and that the sanctions prescribed by law, including heavy fines and imprisonment, be imposed on the prime minister.”

The movement said, “A prime minister who disobeys the court and its orders is an anarchist abusing his privilege.”

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