The president of the state is expected to "take a hit" on his decision on the prime minister's pardon request - whether he grants it or not. The decision may shape his legacy, but the manner of the request - without any admission or expression of remorse - puts Herzog in a difficult dilemma. These are the shortcomings in the precedent-setting request, the timetable - and the possibility that he will grant Netanyahu a"conditional pardon"
Itamar Eichner
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The hot potato called "amnesty for Netanyahu" is now moving to the court of President Yitzhak Herzog, and will undoubtedly be the most dramatic decision of his term. Whether Herzog agrees to
Netanyahu's request
Or reject it, the attacks are expected to come from all possible directions. This will be his legacy - Herzog will be judged on the scale of merit or on the scale of obligation, depending on the option preferred by each side.
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The hint at the legal revolution, the"tremendous contribution": Netanyahu details the reasons for the pardon
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"There is no pardon without resignation and admission of guilt": Opposition reactions
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The absurd show: The one responsible for the division asks for pardon for the sake of unity | Commentary
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Not ruled out: Herzog's statements over the years about a possible pardon for Netanyahu
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End the trial - but not on Netanyahu's terms | Opinion
This evening, after a series of reports on behalf of his representatives, the President issued a clarification:"In recent hours, publications have been distributed in the name of the President of the State or the President's Office. It will be clarified and emphasized that any publication that does not come out through the President's Office spokespeople is irrelevant." It was also stated that "the President did not set conditions because the file was transferred for an opinion, and the President did not begin to discuss the issue. The President will not be influenced by pressure from any direction. As stated in the President's Office announcement this morning, after receiving all the opinions, the President of the State will consider it responsibly and seriously."
If he grants Netanyahu a pardon, Herzog will lose his supporters on the left and the center - and also on the right - who oppose such a pardon, certainly without taking responsibility and expressing remorse. The president could become a dedicated president in their eyes. On the other hand, if Herzog refuses to grant Netanyahu a pardon, he will become the hero of the left - but also the punching bag of the right. These days, Herzog is not a man to be envied.
However, in a way, this is the moment Herzog has been waiting for: perhaps this is the baptism of fire of his leadership as president of the country. A leader is supposed to make unpopular decisions, but he must justify his decision. He is a president, not an absolute monarch. If the president does something wrong - his pardon will be invalidated by the High Court of Justice. This is the last thing Herzog would want.
3 Viewing the gallery
"There will be nothing because there is nothing" - also in the pardon request (Photo: Reuters, Kevin Dietsch/Getty Images)
Ostensibly, the pardon request in its current form complicates Herzog and exacerbates his dilemma. Not only did Netanyahu not express remorse, he did not even repeat the wording of the Shin Bet senior officials from the Line 300 affair in the pardon request from his father, President Chaim Herzog, in which they mentioned the allegations against them that they killed the terrorists – something that was accepted by the court as an admission. Netanyahu’s pardon request does not meet this test. In addition to his failure to admit guilt, Netanyahu also does not acknowledge the facts of the charges against him, and does not declare that he will retire from political life.
Netanyahu's famous statement that"there will be nothing, because there is nothing" also applies to his request for clemency: He expects President Herzog to decide on a complete acquittal without punishment, without disgrace, without him paying any public price - without him expressing a single word of regret.
In fact, not only did Netanyahu not express remorse or apologize, in his statement he claimed that his personal interest was to conduct the trial and prove his innocence until he was fully acquitted, but the public interest dictates otherwise - he is asking for a pardon out of public responsibility as prime minister to try to bring about reconciliation between the parts of the people."I have no doubt that the end of the trial will help," Netanyahu claimed."I am committed to doing everything in my power to heal the rifts, to achieve unity among the people, and to restore trust in the state's systems."
The challenges, the dilemma - and the High Court test
Herzog has previously said that he would support an amnesty plan that would reconcile the state and the politicians, but it must also include agreements on the legal revolution. In this case, Netanyahu does talk about"reuniting the people" - but he doesn't promise anything.
Amnesty for "public consideration"? Netanyahu in the Tel Aviv District Court (Photo: Miriam Elster)
In terms of authority, the president can do almost anything he wants. Even if the opinion of the Justice Ministry's Pardons Department recommends not granting a pardon to Netanyahu, the president has the authority to decide otherwise. After all, there is a request here from Trump, the leader of the free world, and also fateful issues on the agenda: normalization with Saudi Arabia; another confrontation with Iran that would require American backing - which is not certain; another confrontation with Hezbollah; fears of the collapse of the ceasefire in Gaza; and also many positive opportunities that will come after Saudi Arabia: Indonesia, Malaysia, Oman, Mauritania, Syria, Lebanon, and more.
The talk of mending the rifts is also not something that Herzog ignores, but he needs to take into account Netanyahu's contribution to the division of the people and his war on the judicial authorities and the free media. Netanyahu is asking for a pardon for the sake of the unity of the people, even though he himself is responsible for the division and the division. Herzog knows that at least half the people think so. He cannot ignore their disappointment.
If Herzog immediately responds to Netanyahu's request for clemency, he will be suspected of actually working for the prime minister and coordinating the entire process with him in advance - in light of Haaretz's revelation that Herzog tried to promote granting a pardon to Netanyahu even before he was elected president and before an indictment was filed against him. In the background is also the draft evasion law that is tearing the nation apart, in light of the longest war in Israel's history: How does a sweeping exemption from conscription for a large portion of the nation sit in the face of Netanyahu's promises to heal the rifts?
The answer - within weeks. Herzog with Trump at Ben Gurion Airport (Photo: Chip Somodevilla/Getty Images)
One option in this dilemma is to make Netanyahu's life a little more difficult: Herzog can call the parties and present them with clarifying questions. He can even summon Netanyahu or his lawyers and ask them whether they have any remorse, whether Netanyahu admits the facts, and whether he intends to continue running in the elections for prime minister. The president can also speak publicly about these things and be satisfied with that. These are details that Herzog needs to know before making a final decision.
There is a wide range between the"yes" and "no" answers. Herzog could grant Netanyahu a conditional pardon, one that depends on"public changes" such as establishing a state investigation committee into the October 7 massacre, repealing the evasion law, or repealing the legal revolution and media reform. If in the end the pardon brings about national reconciliation and lowers the flames by removing these issues from the agenda, the pardon may be accepted by the left as something legitimate and welcome.
However, Herzog will not be able to drag out his dilemma for long: those around him are talking about long weeks of deliberation - but no more. In the end, Herzog will be required to make a difficult decision one way or another. His term will end in two and a half years, in June 2028, and Herzog will want to be remembered as a national president who, on the one hand, contributed to healing the rifts in the nation - but on the other hand, not one who helped destroy the state's institutions, destroyed the free media, and allowed a prime minister who acts as if he were above the law to do whatever he wants, as if he were a king.
One of the reasons that the processing of the request will take many weeks is that the entire issue is precedent-setting - every single clause - and so there will be countless arguments about every detail. The attorney general, the plaintiff in the case, the prosecution - all will ask to provide their comments and errors. There will be a fight over every word Netanyahu said in his accompanying video for the pardon request. And finally, whether he grants it or not, Herzog's decision will reach the High Court of Justice, and the Supreme Court justices - to Netanyahu's chagrin - will be the ones who will have the last word. This was also the case with the Line 300 affair, when the High Court validated Herzog Sr.'s decision.
