Miller claimed that the party violated the law, after its members visited Syria and Lebanon several months ago.
According to a Justice Ministry statement in response to Miller's appeal, "Based on the findings of the investigation conducted against Knesset Members Azmi Bishara, Wasil Taha and Jamal Zahalka on the issue of their visit to Syria, there is currently no room to determine that the National Democratic Assembly party's actions are against the law, as it is difficult to determine that visiting enemy states does not constitute a dominant and ongoing part of the party's activity."
The Justice Ministry added, "In a situation in which dismissing the continued existence of a party which has been represented in the Knesset for years now is on the agenda, and in light of the Supreme Court's ruling that the party may take part in the elections – dissolving it may lead to an absurd situation in which a party which does not exist will be represented in the Knesset.
According to the attorney general's opinion, which was written by Attorney Dalit Dror, "The actions of the National Democratic Assembly party members do not create at this stage clear evidence that a dominant characteristic of the party is supporting the armed struggle of an enemy state or a terror organization against the State of Israel, as the court already ruled when it approved the party's Knesset list."