What happened: Israel’s Attorney General (AG) Gali Baharav-Miara overruled a decision by National Security Minister Ben Gvir to remove Ami Eshed, the Police Commander of the Tel Aviv District from his post.
- Ben-Gvir had pushed for Eshed’s removal, arguing he has been too lenient overseeing the anti-government protests.
- On Friday Baharav-Miara called for an investigation into his sacking, whilst reinstating Eshed in his role.
- This morning Ben Gvir and the AG clashed again after Ben Gvir asked to represent himself in the court hearing over the Tel Aviv commander’s sacking.
- In a dramatic address on Saturday night head of the Police Yaakov Shabtai admitted that he made a mistake going along with Ben Gvir and gave his backing to the AG.
- Shabtai noted Eshed “is a professional, organised and experienced officer.” He explained, “the appointment in question was intended to be implemented after Ramadan. I was wrong, I was wrong in my judgement, I was wrong in the timing and the way I did it, and I’m not taking it lightly. I accept and respect the attorney general’s decision regarding the appointment’s suspension.”
- Relating to the protests, Shabtai added, “For ten weeks, Israel Police’s commanders and police officers have been standing, bodily protecting the freedom of democracy in the State of Israel. Along with the freedom of protest, we have maintained public order across the country…. There is a ministerial policy and we’re implementing it while exercising operational discretion on the ground. The police have one commissioner, and the instructions to the troops are clear for the entire period—in terms of conduct and in the use of various measures. The instructions to the commanders and the officers are clear: We don’t want to see blood on the streets. I don’t want to see pictures of a civilian bleeding from a stun grenade and a 70-year-old woman in handcuffs. Force and measures can be used as required by law, and in keeping with the levels established as commissioner. I am committed to the State of Israel, its laws, and its values. I am committed to the Israel Police.”
- Minister Ben Gvir attacked the AG and said that she was operating the police commissioner and was acting as if she were prime minister.
- The AG was also criticised by Prime Minister Netanyahu who commented yesterday during the weekly cabinet meeting, “In every properly-run democracy that wishes to live, the government that is elected by the people is responsible for the army, the police and the other security organisations. That is how it must be. Nobody else will decide who commands them, who will lead them and how they will lead them.”
- Coalition Chairman MK Ofir Katz said, “I don’t remember that there was a ballot slip for a party headed by Gali Baharav-Miara. We have publicly elected officials. She thinks she decides everything and we won’t let her. She is only against us. She is the opposition’s attorney general.”
Context: In parallel, the protests against the government’s proposed legal reforms and the reforms themselves have continued.
- For a tenth consecutive week, an estimated 250,000 people protested across Israel on Saturday night.
- At the largest rally in Tel Aviv around 160,000 people gathered. When Eshed was spotted by protestors he was greeted with applause and cheers of encouragement.
- Among the speakers in Tel Aviv was former police commissioner Moshe Karadi. He told the crowd, “I’ve come here in the name of dozens of retired commanders and inspectors-general. We are but a pace away from the destruction of the Israel Police and of Israel as a democratic country. We’re seeing a worrisome trend in which a convicted criminal is trying to mount a political takeover in order to achieve his political aspirations. This is a person who couldn’t do the job to begin with.”
- He added specific criticism of Ben Gvir, saying: “For decades we refrained from taking actions during the month of Ramadan, and a pyromaniac has come along and has said to the police to demolish illegal construction in East Jerusalem ahead of Ramadan, now of all time… I am appealing to the prime minister, remove Ben Gvir from office. Let the police commissioner run the police along with the commander of the Tel Aviv District Police.”
- Hundreds also attended a protest held in London’s Parliament Square yesterday.
- This is not the first time that the AG has clashed with the current government. For example, she argued vociferously against the law to allow Aryeh Deri to serve as a minister, which was later overruled by the high Court. The coalition still hopes to circumvent the court’s decision.
- She is also against the proposed incapacitation bill that would limit her jurisdiction to incapacitate a prime minister.
- For the government these interventions provide further motivation to pass their reforms and have added renewed calls for the prime minister to fire and replace the AG.
- Also in parallel yesterday, Legal Committee Chairman Simcha Rothman met with President Herzog for more than three hours to discuss a possible compromise.
Looking ahead: The AG also intervened on another controversial bill that seeks to grant immunity to the security forces from investigation and prosecution. She argued that that bill, if passed into law, could be very damaging, leaving them vulnerable to international prosecution. The bill sponsored by an MK from Ben- Gvir’s party, has now been postponed by a month.
- Nevertheless one of the most controversial aspects of the reform – the override clause bill – is expected to be brought to the Knesset and voted on this week in a first reading.
- Today the Constitution, Law and Justice Committee will hear details about the compromise plan being developed by leading legal experts, under the auspice of President Herzog.
