Benjamin Netanyahu, the Prime Minister of Israel, has formally requested a pardon from President Isaac Herzog regarding his ongoing bribery and fraud charges. This request aims to conclude a protracted five-year corruption trial, with Netanyahu arguing that such a move would serve the “national interest.” The President's office has confirmed receipt of the 111-page submission from Netanyahu's legal team and has forwarded it to the pardons department within the Ministry of Justice. Before making a decision, Herzog’s legal adviser will also provide an opinion on this extraordinary request.
In a statement, the President’s office acknowledged the significant implications of this unusual request, emphasizing that, “After receiving all of the relevant opinions, the president will responsibly and sincerely consider the request.” Historically, presidential pardons in Israel have rarely been issued prior to a conviction. The notable exception was a case in 1986 involving the Shin Bet security service. A pre-emptive pardon for a politician embroiled in a corruption scandal, especially without an admission of guilt, would set a controversial precedent in Israeli law.
Netanyahu's submission comes shortly after former U.S. President Donald Trump reached out to Herzog, advocating for a pardon for Netanyahu, who has been embroiled in legal troubles since 2020. The charges against Netanyahu include bribery, fraud, and breach of trust, with allegations suggesting he received political favors from wealthy supporters in exchange for gifts and favorable media coverage. Netanyahu has consistently denied these allegations, characterizing the legal proceedings as a “witch-hunt” orchestrated by the media, police, and judiciary.
Critics of Netanyahu have suggested that he may be prolonging the ongoing conflict in Gaza to maintain political stability and protect his position as Prime Minister amidst looming elections next year. In a recent letter included in his legal filing and during a televised statement, Netanyahu argued that while it is in his personal interest to prove his innocence in court, national unity necessitates an end to the trial, which he claims is “tearing us apart.”
In his televised address, Netanyahu stated, “As exonerating evidence that completely disproves the false claims against me is revealed in court, and as it becomes clear that the case against me was built through serious violations, my personal interest was and remains to continue this process to its end, until full acquittal on all counts.” He continued, “But the security and political reality, the national interest, demands otherwise. The ongoing trial is tearing us apart from within, fuelling fierce disagreements, and deepening divisions. I am sure, like many others, that ending the trial immediately would help lower tensions and promote the broad reconciliation our country so desperately needs.”
Netanyahu's request for a pardon without a guilty plea or resignation could potentially ignite a political and constitutional crisis, which may ultimately require resolution by the country’s supreme court. The only significant precedent for such a situation dates back nearly 40 years to a case involving senior Shin Bet officials accused of covering up the execution of two Palestinian militants. In that instance, the high court allowed the then-president Chaim Herzog—the father of the current president—to issue pre-indictment pardons. However, legal experts argue that this precedent may not apply to Netanyahu’s case, especially in the absence of any admission of guilt.
Suzie Navot, a constitutional law professor at the Israeli Democracy Institute, stated, “This would be stopping an ongoing criminal proceeding for bribery. It has nothing to do with the 1986 Barzilai case.” She emphasized that Netanyahu's request indicates a desire to place himself “above the law.”
Opposition leaders and civil society advocates have made it clear that they will vigorously oppose any attempt to grant Netanyahu a pardon. Yair Lapid, leader of the Yesh Atid party, communicated to Herzog via social media, stating, “You cannot grant Netanyahu a pardon without an admission of guilt, an expression of remorse, and an immediate withdrawal from political life.” Similarly, Yair Golan, leader of the Democrats party, asserted in a social media post, “Only the guilty seek pardon. The only exchange deal on the table is that Netanyahu will take responsibility, admit guilt, leave politics, and free the people and the state – only then will unity be achieved among the people.”
In conclusion, Netanyahu's request for a pardon marks a critical moment in Israeli politics, raising important questions about legal accountability, national unity, and the role of the judiciary in political matters. The decision by President Herzog will be closely watched by both supporters and opponents of the Prime Minister.