Leaks and Fallout

Former High Court president Aharon Barak, for instance, imbued the attorney general with unprecedented powers, without any statutory warrant. He, or she (as is presently the case), is the final arbiter of every government decision. Her opinions with respect to government policies are not merely advisory, but binding upon the government, which must seek permission from the High Court to even appeal her edicts.

The attorney general is effectively the High Court’s emissary to control the government without actually getting its fingerprints on the decision. The position of the attorney general is a traditional stepping stone to a seat on the High Court, and the attorney general will always be mindful that the three High Court justices on the judicial selection committee, under the current system, exercise an effective veto over new colleagues.

At the same time, the attorney general is the head of the prosecutorial wing of the government. The State Attorney’s office is subservient to her. And as head of the prosecutorial wing, she has authority over police investigations as well.

An example of how this all works: More than a decade ago, the government proposed dividing the two roles of the attorney general — chief prosecutorial officer and the official with the authority to determine the legal validity of government decisions.