Justice Minister Yariv Levin appointed retired justice Asher Kula to take over from Attorney-General Gali Baharav-Miara in overseeing the case of former IDF chief prosecutor Yifat Tomer-Yerushalmi on Thursday.
Levin clarified that Kula's appointment will be in effect "until the attorney-general's prohibition on dealing with the matter is lifted."
Baharav-Miara responded, saying that this appointment constitutes improper interference in a criminal investigation. Levin replied in response that he received Baharav-Miara's letter, and "rejects outright everything it says."
Justice Ministry advises A-G Baharav-Miara to recuse herself from chief IDF lawyer case
Baharav-Miara has a conflict of interest in the case, legal advisor to the Justice Ministry Yael Kutik concluded Thursday.
Kutik's opinion further suggests that Baharav-Miara herself could face an investigation or questioning in connection with the case.
The legal advisor’s stance complicates the situation for Baharav-Miara, who had initially intended to oversee the investigation. According to Kutik, the attorney-general lacks the authority to be involved in supervising the investigation due to the potential overlap with her own role in overseeing an earlier investigation into a leak.
Kutik also noted that the deputy attorney-general for special duties, who had supervised the leak investigation on behalf of Baharav-Miara, must step back as well.
Kutik’s legal opinion has prompted Baharav-Miara to request an extension from the High Court of Justice, allowing her more time to respond to petitions demanding she recuse herself from the investigation. Judge Noam Sohlberg granted the extension.
Justice ministry advises attorney-general to abstain from overseeing investigation
Initially, Baharav-Miara had planned to argue that she was fully entitled to continue overseeing the probe. However, Kutik’s legal advice has forced her to reconsider. Sources now suggest that she is leaning toward stepping aside from the investigation, acknowledging the possibility of "bowing her head" in the face of the legal challenges.
“At this stage, the attorney-general must refrain from participating in overseeing or supervising the ongoing investigation due to the potential connection between this investigation and the process of examining the leak she had been responsible for overseeing. A similar conclusion is required for the deputy attorney-general (special duties), who supervised the examination process on behalf of the attorney-general.”
Kutik emphasized that this cautious approach was not intended to question Baharav-Miara’s conduct, but rather to ensure the investigation’s independence, even if only for the sake of appearances. She also noted that it remains possible that the attorney-general could be required to testify or answer questions in relation to the case.
In response, the petitioners challenging Baharav-Miara's involvement - the Levai Organization and MK Avichay Boaron - issued a statement welcoming Kutik’s legal opinion.
“We commend the Ministry of Justice’s legal advisor for her stance,” it said. “The actions of Attorney-General Gali Baharav-Miara in this investigation have not only tainted the process but have led to the destruction of key evidence, obstructed critical legal procedures, and created a situation far more severe than anything Israel has seen in the past. This is Israel’s version of the ‘Bus 300’ affair, where false affidavits and misleading testimony were submitted to the Supreme Court, stalling legal proceedings.”
“The legal advisor’s opinion now empowers the judiciary to intervene with full knowledge," MK Moshe Saada commented. "The attorney-general must be stopped, and a full investigation into her actions should be pursued. The signs are clear: she is protecting a criminal enterprise. All indications suggest she is complicit.”