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Israeli Prime Minister Benjamin Netanyahu requested a preemptive presidential pardon in connection with a slate of corruption charges that have been pending against him since 2019.
The formal documents, which Netanyahu submitted to Israeli President Isaac Herzog on Sunday, include a 111-page request from Netanyahu’s lawyer Amit Hadad and a letter signed by Netanyahu. In an additional video statement, Netanyahu also referred to a Knesset session in November when US President Donald Trump had already publicly urged president Herzog to grant a pardon, followed by a letter on his behalf. This is almost unprecedented, as pardons are usually only given after a conviction.
In the documents, Netanyahu, not admitting to any of the charges, said it is his “personal interest” to prove his innocence, but “public interest dictates otherwise”, arguing that if the trial were discontinued, he could focus on the political affairs of Israel at a “critical time.” He also cites the argument that the pardon is necessary to advance the peace talks with other governments in the region and beyond, and that it is essential to “promote reconciliation” internally.
Furthermore, hinting at a potential policy by Netanyahu to interfere with the independence and authority of the judiciary, and to diminish government oversight on the free press, Netanyahu’s lawyer Amit Hadad wrote that a pardon would enable the prime minister “to deal with additional issues, such as the judicial system and the media — issues that he is currently prevented from handling because of the trial.”
Herzog, who acts in his capacity as president as a proverbial “gentle authority”, meaning that he only comments on issues after other actors have spoken, said he would “sincerely consider it” and take into account an expert opinion from the Justice ministry.
Legally, the request is on shaky ground, according to commentators. Procedurally, under the Israeli Basic Law on the President of the State, the president “has the power to pardon offenders and modify sentences by reducing or commuting them.” The offender or a first-degree relative sends out the request, which is then handled by the pardons department at the ministry of justice, which issues a recommendation to the president. It can only be granted after consulting all authorities and with the signature of both the president and the minister of justice.
As the Israel Democracy Institute think tank noted in a recent analysis article, “No law requires an admission of guilt as a condition for a pardon,” but also that the attorney general’s office has long directed that handling pardon requests before conviction should occur “only in rare cases.” The most influential judicial precedent is the 1984 Bus Line 300 affair: President Herzog’s father Chaim Herzog had pardoned Shin Bet officials, the Israeli interior secret service, who were charged with involvement in the murder of two captured hijackers, to spare Israel from revealing details of the incident. At the time of the pardon, their trial was still ongoing, however, they had admitted to their guilt prior.
In line with this, political opposition leader Yair Lapid said in a video statement:“You cannot grant Netanyahu a pardon without an admission of guilt, an expression of remorse, and an immediate withdrawal from political life.”
The formal request for a pardon is a change of strategy by Netanyahu, who was in office 1996-1999, and since 2009, and who previously said that he would prove his innocence in court.
Netanyahu’s testimony in the case started in December 2024, but has been subject to repeated delays and cancellations, most of them at his request.
In the most serious case, ‘Corruption Case 4000’, he is charged with bribery, fraud and breach of trust for allegedly advancing regulatory benefits worth more than $250 million at the time to his friend Shaul Elovitch, who was the controlling shareholder for the telecommunications company Bezeq. In return, the prosecution claims, Elovitch ensured positive coverage of the prime minister in an online news site he owned called Walla! News.
Netanyahu is the first incumbent prime minister in the history of Israel to face criminal prosecution while in office.
The post Israel Prime Minister Netanyahu requests pardon in ongoing corruption trial appeared first on JURIST - News.
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The formal documents, which Netanyahu submitted to Israeli President Isaac Herzog on Sunday, include a 111-page request from Netanyahu’s lawyer Amit Hadad and a letter signed by Netanyahu. In an additional video statement, Netanyahu also referred to a Knesset session in November when US President Donald Trump had already publicly urged president Herzog to grant a pardon, followed by a letter on his behalf. This is almost unprecedented, as pardons are usually only given after a conviction.
In the documents, Netanyahu, not admitting to any of the charges, said it is his “personal interest” to prove his innocence, but “public interest dictates otherwise”, arguing that if the trial were discontinued, he could focus on the political affairs of Israel at a “critical time.” He also cites the argument that the pardon is necessary to advance the peace talks with other governments in the region and beyond, and that it is essential to “promote reconciliation” internally.
Furthermore, hinting at a potential policy by Netanyahu to interfere with the independence and authority of the judiciary, and to diminish government oversight on the free press, Netanyahu’s lawyer Amit Hadad wrote that a pardon would enable the prime minister “to deal with additional issues, such as the judicial system and the media — issues that he is currently prevented from handling because of the trial.”
Herzog, who acts in his capacity as president as a proverbial “gentle authority”, meaning that he only comments on issues after other actors have spoken, said he would “sincerely consider it” and take into account an expert opinion from the Justice ministry.
Legally, the request is on shaky ground, according to commentators. Procedurally, under the Israeli Basic Law on the President of the State, the president “has the power to pardon offenders and modify sentences by reducing or commuting them.” The offender or a first-degree relative sends out the request, which is then handled by the pardons department at the ministry of justice, which issues a recommendation to the president. It can only be granted after consulting all authorities and with the signature of both the president and the minister of justice.
As the Israel Democracy Institute think tank noted in a recent analysis article, “No law requires an admission of guilt as a condition for a pardon,” but also that the attorney general’s office has long directed that handling pardon requests before conviction should occur “only in rare cases.” The most influential judicial precedent is the 1984 Bus Line 300 affair: President Herzog’s father Chaim Herzog had pardoned Shin Bet officials, the Israeli interior secret service, who were charged with involvement in the murder of two captured hijackers, to spare Israel from revealing details of the incident. At the time of the pardon, their trial was still ongoing, however, they had admitted to their guilt prior.
In line with this, political opposition leader Yair Lapid said in a video statement:“You cannot grant Netanyahu a pardon without an admission of guilt, an expression of remorse, and an immediate withdrawal from political life.”
The formal request for a pardon is a change of strategy by Netanyahu, who was in office 1996-1999, and since 2009, and who previously said that he would prove his innocence in court.
Netanyahu’s testimony in the case started in December 2024, but has been subject to repeated delays and cancellations, most of them at his request.
In the most serious case, ‘Corruption Case 4000’, he is charged with bribery, fraud and breach of trust for allegedly advancing regulatory benefits worth more than $250 million at the time to his friend Shaul Elovitch, who was the controlling shareholder for the telecommunications company Bezeq. In return, the prosecution claims, Elovitch ensured positive coverage of the prime minister in an online news site he owned called Walla! News.
Netanyahu is the first incumbent prime minister in the history of Israel to face criminal prosecution while in office.
The post Israel Prime Minister Netanyahu requests pardon in ongoing corruption trial appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.