Prime Minister Benjamin Netanyahu reportedly insisted that the recusal law should remain in effect under any circumstances in a compromise plan floated by the President’s Residence concerning the coalition’s proposed judicial overhaul. The key point of contention in this framework was the freezing of legislation related to the judicial overhaul, which the opposition demanded. In exchange, the coalition would gain more power on the Judicial Selection Committee, including a veto over the selection of the Supreme Court president and lower court judges.
Another issue at hand was Netanyahu’s demand that any freeze on overhaul-related legislation should still allow for a potential override clause to be enacted with a regular majority of lawmakers. This clause would enable the Knesset to reapprove the government’s recusal law, which protects the prime minister from being ordered by courts or the attorney general to step down in case the High Court disqualifies the measure.
While Netanyahu publicly stated that the coalition would no longer pursue an override clause, he reportedly told ministers privately in July that it was still an option. Ultra-Orthodox politicians in the coalition have emphasized the importance of passing such a bill for the government’s survival, particularly in response to the High Court’s rulings on issues affecting their community.
A High Court hearing on the recusal law was scheduled for September 28. Netanyahu’s associates were reportedly concerned that Attorney General Gali Baharav-Miara might order the prime minister to recuse himself over potential violations of the conflict of interest agreement he had signed to prevent involvement in matters related to his ongoing corruption trial.
President Isaac Herzog had attempted to mediate between the coalition and the opposition on this issue, emphasizing the need for dialogue to resolve the “acute constitutional” crisis in Israeli society. However, the opposition’s response to Netanyahu’s demand was not detailed in the report, although talks on a compromise were said to be ongoing.
The proposed judicial overhaul plan had faced months of mass protests and opposition from economic and legal figures who believed it would harm the country. The recusal law was initially passed to ensure that Netanyahu, facing multiple corruption charges, would not be compelled to recuse himself due to alleged violations of a conflict of interest agreement. The High Court had placed an injunction on this law in August.
Knesset Speaker Amir Ohana expressed concern that overturning a Basic Law, such as the recusal law, could have serious consequences and suggested that the coalition might not accept such a ruling. Baharav-Miara had raised concerns about Netanyahu’s involvement in the judicial overhaul, but it was unclear whether she would order his recusal.