Attorney General Gali Baharav-Miara is expected to inform the Supreme Court on Sunday that she will not defend Prime Minister Benjamin Netanyahu if he refuses to dismiss National Security Minister Itamar Ben-Gvir, according to officials familiar with the matter.
The position will be submitted in response to petitions asking the High Court of Justice to order Netanyahu to remove Ben-Gvir from his post. If Netanyahu chooses not to fire the minister, Baharav-Miara is expected to withhold legal representation, requiring the prime minister to defend his decision privately before the court.
In a letter sent earlier this month to Netanyahu, Baharav-Miara said Ben-Gvir’s conduct amounts to a “systematic violation” of the proper functioning and professional independence of the police, particularly on matters tied to core civil rights. She accused the minister of improper interference in police handling of protests, misuse of appointment powers, involvement in investigations of police officers and civilians, and direct participation in operational police activity.
Baharav-Miara said Ben-Gvir has acted as a de facto “super police commissioner,” in violation of the law and past court rulings intended to safeguard police independence from political pressure. She said the conduct reflects ongoing breaches rather than isolated incidents.
“The combination of the minister’s power over the police and his alleged improper interventions harms the ability to ensure that the police act with loyalty to the public, as required in a democratic system, rather than to the political echelon,” she wrote.
Among the examples cited was Ben-Gvir’s involvement in protest policing, including directives that, according to the attorney general, contradict freedom of expression and assembly and risk improperly influencing officers in the field.
She also pointed to interference in criminal investigations, including public comments by Ben-Gvir praising a senior police officer a day after he was indicted for allegedly assaulting a protester and suggesting the officer’s position would be protected.
Another case involved a senior police officer whose promotion was approved by the police commissioner but later blocked by Ben-Gvir, allegedly due to the officer’s role as a witness in corruption cases involving Netanyahu’s associates. Baharav-Miara described the decision as unlawful and warned it could have a chilling effect on police investigators involved in sensitive cases.
Ben-Gvir has rejected the accusations. In a statement earlier this month, he accused the attorney general of acting out of political motives and attempting to undermine an elected government, calling her actions an effort to remove public officials through legal pressure.
The Supreme Court is expected to consider the attorney general’s position as it weighs the petitions in the coming weeks.