Israel faces constitutional crisis as Netanyahu challenges election result

A constitutional crisis is brewing in Israel as caretaker Prime Minister Benjamin Netanyahu escalates his campaign to cast doubt on the outcome of last week’s election, prompting opposition politicians to accuse him of trying to “crush democracy”.

The dispute reached new heights on Tuesday evening, when Israel’s attorney general, Gali Baharav-Miara, issued a highly unusual statement accusing the head of the country's internal security agency of undermining the rule of law.

It came after a report that David Zini, the messianic head of the Shin Bet appointed by Mr Netanyahu, wanted to question four Arab politicians, accusing them of being part of a massive and foreign-funded campaign to influence the October 27 elections. He did not present any evidence and Israel’s Central Elections Committee has consistently stood by the validity of the vote.

“In the highly unusual manner, and due to these false reports, the attorney general wants to make it clear that in a country governed by the rule of law, it is not possible to interrogate citizens or elected officials without evidence that justifies it,” the attorney general’s office said.

On Wednesday morning, the Shin Bet again told the CEC that its intelligence indicated the existence of considerable foreign influence campaigns, with significant funding and involving “thousands of people and possibly more”. Israeli media reported that the agency had still not submitted any evidence.

Show caption: Chairman of the Central Elections Committee, Justice Noam So…

Many in the opposition seized on the attorney general’s warning to argue that Mr Netanyahu was working with loyalists in Israel's security apparatus to cling to power, placing the future of the country’s political system into question.

The leader of the left-wing Democrats party, Yair Golan, said: “Zini has turned the Shin Bet into a political tool in the service of Netanyahu's campaign to undermine the election results.”

The fight comes at a critical moment for the country, as President Isaac Herzog begins a delicate process to broker the formation of a new government, after the election results left no bloc with a majority.

With many commentators predicting Mr Herzog will give opposition bloc leader Gadi Eisenkot the first chance to form a coalition, there are fears Mr Netanyahu will go to great lengths to somehow scupper the process.

Mr Netanyahu’s coalition sought to delegitimise Israel’s Arab voters even before the elections, a campaign that intensified after the community turned out in record numbers.

'Coup d'etat'

Arab-majority parties won 19 seats in the Knesset, potentially making them kingmakers in coalition negotiations, although many in both the opposition and the Netanyahu government have ruled out working with them.

The opposition bloc won 48 seats. Mr Netanyahu's bloc won 53, down from 64 seats in 2022. Mr Netanyahu's Likud party remained the largest single party, with 27 seats. A total of 61 seats are required for a majority to form a government.

The CEC approved the results on Wednesday, reiterating it found no evidence to suggest the integrity of the vote had been compromised.

It said allegations of irregularities were being investigated but did not provide grounds for invalidating the results.

Speaking at the presentation of the results to Mr Herzog, CEC chairman Justice Noam Sohlberg said: “Public confidence in the electoral process is a precious asset. We all share the responsibility to protect it: elected officials, public servants, and each and every one of us. It is easy to destroy but very difficult to rebuild.

“Political disagreement does not have to end when the votes are counted,” he added. “It will continue and rightly so. But there is one thing on which we must agree: election results, as lawfully determined, are binding on us all.”

Show caption: Head of the Joint List alliance Yousef Jabareen, centre, cel…

Far-right National Security Minister Itamar Ben-Gvir urged Mr Zini to ignore the attorney general and “arrest all the heads of the Arab parties and interrogate them in the Shin Bet's basements”.

“Elections were stolen here in the State of Israel. We must not stay silent about this, and we must not leave even a single stone unturned on the way to exposing the truth,” he said in a post on X.

Yousef Jabareen, chairman of the Arab-majority Joint List, said: “We will not allow Netanyahu and Ben-Gvir to incite against the Arab public and steal the election.

“Ben-Gvir’s overt call to arrest the leaders of the Arab parties – bypassing the attorney general – and to freeze the election results amounts to a call for a coup d'etat. This is how totalitarian regimes operate.”

Opposition politician Yair Lapid said on Tuesday evening: “What we are seeing tonight is an attempt to crush democracy and steal the election with the help of government plants in the security system. This is a direct threat to our democracy from people who are unwilling to admit defeat.”