For nearly six turbulent years, the one constant in Israel has been the trial of Binyamin Netanyahu. Not just because the court proceedings have been under way throughout, at a snail’s pace and with no end in sight, but because almost everything happening in Israel—from decisions about wars to those about elections and legislation—should be seen through the prism of the prime minister’s trial.
If that seems tough on Mr Netanyahu, look at his own words: “A prime minister up to his neck in investigations has no moral or public mandate to make fateful decisions for the state of Israel. There is a fear... and it is real and not unfounded, that he will make his decisions based on his personal interest for political survival, not on the national interest.” He was speaking in 2008 and he was not referring to his own legal ordeals. He was talking about those of his predecessor, Ehud Olmert, who unlike him resigned when it became clear he was about to be indicted for taking bribes (Mr Olmert then spent time in prison).
Mr Netanyahu has always insisted that he is capable of running the country while standing trial. On November 30th his lawyers presented a request for a pardon to Isaac Herzog, Israel’s president. As pardon requests go, it is highly irregular. Mr Netanyahu remains adamant that he has done nothing wrong. He insists that if the case continues, it would lead to his exoneration from what he describes as trumped-up charges of bribery, fraud and breach of trust. He refuses to resign. In effect, he is not asking for a pardon since, in his view, he has done nothing that needs pardoning. He is demanding an end to his trial and the dropping of all charges so he can get on with leading Israel and uniting the nation.
It is unclear whether Mr Herzog will grant Mr Netanyahu’s request. He has great latitude in pardoning wrongdoers. But doing so when the petitioner refuses to accept any blame or show remorse is unprecedented. Even if Mr Herzog did, the Supreme Court would probably intervene. Still, the president has said before that the prime minister’s trial should end with a plea bargain, so the request may be an opening bid for such a deal.
Why is Mr Netanyahu asking for a pardon just now? One reason is that he has the support of Donald Trump, who in October, in a speech to the Knesset, Israel’s parliament, suggested to Mr Herzog that he pardon the prime minister. On November 12th the American president repeated that request in a letter. But Mr Trump can be temperamental, so his support might not last. Best to use the momentum now.
Another reason is that Mr Netanyahu is now being cross-examined in the trial. On the stand, there is always the possibility of slipping up and contradicting himself.
But above all, he wants the trial out of the way before Israel’s next elections. Most polls show him losing. The trial’s end and his exoneration would, he hopes, allow him to campaign unencumbered. ■
Sign up to the Middle East Dispatch, a weekly newsletter that keeps you in the loop on a fascinating, complex and consequential part of the world.