A-G to decide if Netanyahu is to be deemed unable to serve as PM

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At this point, Netanyahu has not sought private legal representation.

By BINI ASHKENAZI, AVRAHAM BLOCH DECEMBER 1, 2024 12:28 Updated: DECEMBER 1, 2024 12:55
 TASOS KATOPODIS/REUTERS/MARC ISRAEL SELLEM/THE JERUSALEM POST, YONATAN SINDEL/FLASH90) Illustrative photo of Prime Minister Benjamin Netanyahu and Attorney General Gali Baharav Miara in front of the Knesset building. (photo credit: TASOS KATOPODIS/REUTERS/MARC ISRAEL SELLEM/THE JERUSALEM POST, YONATAN SINDEL/FLASH90)

Attorney-General Gali Baharav-Miara is expected to present her position to Israel's High Court on Sunday evening regarding whether Prime Minister Benjamin Netanyahu is to be deemed unable to serve as PM during his testimony.

At this point, Netanyahu has not sought private legal representation.

If the two do not reach a mutual agreement on the matter, the prime minister is expected to request separate representation to present his position.

It is highly likely that, as part of preparing the response to the petition, the attorney general will ask the judges for an extension to submit her response. The attorneys who filed the petition are expected to oppose this request.

Options being considered

Netanyahu's office is examining the options available to him. Among them is the possibility that Netanyahu will temporarily step aside for a limited period during the hours of his testimony to allow him to focus solely on the testimony. During this time, Justice Minister Yariv Levin would serve as acting prime minister.

Israeli Prime Minister Benjamin Netanyahu attends a state memorial ceremony for victims of terror, at Mount Herzl military cemetery in Jerusalem, May 13, 2024. (credit: Chaim Goldberg/Flash90)
The government opposes Netanyahu stepping aside for the entire duration of his testimony. If his testimony extends for more than 100 days in total, the government would fall, and the Knesset would head to elections.

The only option currently being positively considered is for Netanyahu to step aside anew for a few hours each day of testimony—an approach that would not endanger the continuation of the government.

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