The president of the state wants to stop the socio-political chaos, but the pardon request submitted by the prime minister puts him between a rock and a hard place: Netanyahu is not willing to hear about being removed from political life, but the legal system is expected to insist on it.
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It is already clear that a pardon – if indeed granted to Prime Minister Benjamin Netanyahu
At his request
– Will be given only after some kind of negotiation with the President of the State
Isaac Herzog
Beyond the two, three relevant parties will be involved in the process: the first is Justice Minister Yariv Levin, who naturally supports the amnesty. The second is Legal Advisor to the Prime Minister Gali Baharav-Miara, who heads the prosecution team in the Trial of the Thousands. The third party will be the High Court, to which opponents of the amnesty will appeal, if and when they do.
Two important variables are expected to influence the process. One is related to Netanyahu's admission of at least some of the offenses attributed to him in the trial, as is required of anyone seeking clemency in the State of Israel. However, the precedent of the Line 300 affair leaves room for a creative solution: In the mid-1980s, President Chaim Herzog – the father of the current president – granted clemency to senior Shin Bet officers who killed Gazan terrorists who were captured alive. The pardon was granted before the trial began, and without them admitting their guilt.
2 Viewing the gallery
In the Rav-Miara, Netanyahu and Herzog. Calming the storm (Photo: Rafi Kutz, Alex Kolomoisky, AFP)
The other variable, and no less important from the legal system's perspective, is that Netanyahu's admission will be to offenses that are shameful. However, such an admission would automatically result in his resignation from the prime ministership, and he is vehemently opposed to this.
A source who recently spoke with the president's associates was under the impression that Herzog is interested in granting a pardon in order to calm the social turmoil in Israel, but that he may demand a"package deal": Netanyahu contacting him (as he did), and then admitting to some of the criminal charges against him. In addition, he may ask the prime minister to announce a halt to further legislation on the legal revolution (which Netanyahu alluded to in his pardon request), halt the attempt to impeach the attorney general, and declare steps to heal the social rift. The same source mentioned that just as the High Court of Justice approved the pardon in the Line 300 affair, it is unlikely that it will reject a similar decision now.
Herzog, like former Supreme Court President Aharon Barak, sees the Netanyahu trial as the major catalyst for the legal revolution and political chaos of recent years. Sources in the legal system also make it clear that there are two realistic options for ending the trial of the thousands of cases: amnesty, or continuing it until a final verdict in a few years.
A third option was a final verdict in the context of criminal mediation, as suggested by the judges in the case, but it was rejected by Attorney General Bahar-Miara. She insisted that if Netanyahu was indeed interested in ending the trial, he should negotiate a plea deal that would include admitting to the offenses or some of them, and agreeing that the court would disgrace him, requiring him to retire from political life.
Netanyahu explains why he turned to Herzog:
About three years ago, retired Supreme Court President Barak tried to mediate between Netanyahu and then-Attorney General Avichai Mandelblit in order to reach a plea agreement that would avert the expected chaos. But the move was unsuccessful because Mandelblit insisted that admitting to fraud and breach of trust offenses would result in disgrace, and Netanyahu refused. Various initiatives were also directed at President Herzog behind the scenes, but as happened with his attempt to broker a compromise in the legal revolution, his efforts here too were in vain.
According to the law and procedure, from now on Netanyahu's request will move to the legal realm. Minister Levin, who must give the"signature of existence" to the pardon, will forward it to the professional review of the Pardons Department. This will compile a personal opinion on Netanyahu and his legal situation, and address issues such as whether the request meets the criteria such as an admission of guilt, expression of remorse, acceptance of responsibility, etc. The opinion of the Minister of Justice will then be compiled.
The attorney general, after consulting with the prosecution team in the Netanyahu trial, will also submit her position to the president and his legal office. She must consider broader aspects than those of the pardon department, for example equality before the law. She is expected to insist on the confession and disgrace requirement.
If Netanyahu's request is granted, the Rabbinate will also be required to express a position in the pending petitions to the High Court of Justice. Accordingly, it will announce whether it will defend the pardon.
