National Security Minister Itamar Ben-Gvir on Tuesday submitted a detailed response to petitions seeking his removal from office, ahead of a High Court of Justice hearing scheduled for Thursday.
The filing follows a decision earlier this month by Attorney-General Gali Baharav-Miara, who ruled that Prime Minister Benjamin Netanyahu must provide an explanation for not dismissing the minister.
In his submission, Ben-Gvir argued that the petitions place the court in a situation where a “potential suspect submits a legal position to the court regarding the tenure of the minister,” asserting this is because “the attorney-general is succeeding in advancing a policy she does not like.”
Against the backdrop of claims that Ben-Gvir has undermined police independence and engaged in improper conduct, the upcoming hearing at the High Court of Justice is expected to address the scope of the prime minister’s authority and obligation to dismiss a minister.
According to the attorney-general, such actions damage the rule of law and the autonomy of the police.
In her submission, Baharav-Miara wrote that “Minister Ben-Gvir exceeds his authority and harms the independence of the Israel Police, among other things, through involvement in appointments, public messaging, and improper pressure,” adding that his conduct poses a real risk to the rule of law and to the professional functioning of the police.
Ben-Gvir rejected the allegations outright, portraying the petitions as a political struggle disguised as a legal one and driven by a personal conflict of interest. He argues that the attorney-general is in a clear conflict, noting that he has called for her dismissal since the government was formed, and therefore, he says, it is untenable for a “potential suspect” to submit a legal position concerning the minister responsible for the police.
The national security minister further contended that the petitions lack any legal foundation.
“There is no conviction, no indictment, no investigation, no examination, and no public report, and therefore the very existence of the petition is baseless. If there had been any criminal suspicion whatsoever, the attorney-general would have opened an immediate investigation, which did not happen,” Ben-Gvir wrote.
Ben-Gvir calls dismissal case 'struggle over the fundamental principle of democracy'
Alongside his formal response to the court, Ben-Gvir used the opening of his party's meeting on Monday to broaden his criticism and directly challenge the court’s authority.
“The High Court has no authority to dismiss me. The prime minister and the government have already said they would view this as an attempted coup, with all that implies,” he said.
“We are standing at a time of a critical challenge and an existential threat to the existence of the State of Israel as a democracy. This is not a political struggle – it is a struggle over the fundamental principle of democracy: whether the people are sovereign, whether their representatives elected at the ballot box are the legislators, whether they are the governing authority, or whether those elected at the polls are subjects of a group of officials who decide for them what to legislate and whom to appoint.”
He also accused law enforcement authorities of overreach.
“Unfortunately, we are witnessing clear attempts at a coup carried out through the law enforcement systems. This is, quite simply, a coup against democracy. A coup is being carried out in absolute contradiction to the law. A group of officials is trying to hollow out the authority of the Knesset, the government, and the ministers.”
According to Ben-Gvir, “that same group uses, among other things, the stitching together of criminal investigations, persecution, and intimidation of elected officials, in order to force them to serve the officials instead of the people.”
Ben-Gvir then addressed Baharav-Miara directly and accused her of persecuting him and other allies of the coalition.
“Of course, first and foremost, I am speaking about the criminal attorney-general, who is leading political persecution against many members of the coalition, including targeted persecution against people close to the prime minister and against me.
"This is the same attorney-general who, when it comes to other politicians who called for rebellion or leaked confidential protocols, does not fully enforce the law against them – because in her view, the legal system, instead of acting according to the law, chooses to advance political agendas through interrogation rooms.”
Ben-Gvir also took aim at recent judicial rulings in his comments.
“We also see rulings handed down in contradiction to the law, the striking down of laws enacted by the Knesset with the wave of a hand, including Basic Laws, including the invalidation of government decisions made lawfully and within full authority, including the creation of judicial panels to order,” he said.
“All of this creates a situation in which our constitutional and democratic regime is facing an unprecedented challenge. This is a real threat to democracy itself – a threat that can be said to be hovering right now over the head of Israeli democracy.”
He then said he hoped the ruling would lead to changes in the Israeli judicial system.
“Precisely out of these challenges, new opportunities are created to fix the entire system. It is very possible that from the current crisis a major correction will emerge, a fundamental change that will restore balance to the entire system. Sometimes a patient must undergo surgery in order to recover.”