Trump’s official message to President Herzog, which included a request for Netanyahu’s pardon, is not a “game changer,” even though it comes from the president of the world’s most important superpower. However, there is no doubt that Trump is increasing the pressure on Herzog, and this has been preceded by tweets, a request for a pardon in a speech to the Knesset, and statements made in media interviews. But, with all due respect, this is not enough.
To advance the trial, Netanyahu, through his lawyer or one of his first-degree relatives, must submit a personal letter to Herzog requesting a pardon. Netanyahu himself is refraining from sending such a letter, apparently fearing that any admission or admission of guilt before the court would implicate him. Netanyahu would like Herzog to grant him a pardon “here and now,” before the court’s decision, but there appears to be no objection to Sara Netanyahu’s request for a pardon.
President Herzog will be forced to make a decision based on the legal opinion issued by the Ministry of Justice and the Department of Pardons, and since there is still no agreement on guilt in Netanyahu’s case, it is likely that the authorities will oppose granting a pardon at this early stage.
To date, Netanyahu has not requested anything from the President. The law, among other things, does not require the accused to take responsibility for the charges against them and apologize for them, but they are at least required to request a pardon. If Netanyahu or a first-degree relative were to submit a pardon request to the President, Herzog would have to forward it to the Justice Ministry’s Pardons Department, where the state’s position would be considered. The Minister of Justice’s signature would then be required.
The current minister, Yariv Levin, would then be forced to transfer his powers to another minister, as he is a prosecution witness in Netanyahu’s trial. However, theoretically, if the Justice Ministry’s Pardons Department were to oppose granting Netanyahu a pardon without a guilty verdict and the Prime Minister expressing remorse, some legal opinions suggest that Herzog has the authority to grant a pardon, given the circumstances.
At this point, President Herzog would face a real dilemma: will he grant Netanyahu a pardon even without the recommendation of the Justice Ministry’s Pardons Department? Faced with this dilemma, Trump and Netanyahu’s popular base will exert strong pressure on Herzog. On the other hand, there will be counterpressure: how many segments of the anti-Netanyahu public would react to such a measure? It’s clear that many people oppose a Netanyahu pardon, and Herzog would have considered how this would affect his legacy.
Generally, it’s not a precedent when someone requests a pardon from the president during the most demanding legal proceedings against him. This gap has crept into President Trump’s message and, as mentioned, has no legal effect, but it does have a popular significance: can a head of state ignore such a decisive approach from the president of the United States?
Herzog would also have considered how he would be remembered if he granted a pardon before a guilty plea agreement. Herzog had previously stated that this presidential term had been the most difficult Israel has ever had, and it is undoubtedly now upon us: any decision he makes on the matter would be the most dramatic in his seven years in office.
As for the president, the “high road” would have been for Netanyahu to reach an agreement on a guilty plea, while acknowledging the charges against him. In that case, it would have been much easier for Herzog to respond positively to the request for a pardon. At that point, further considerations would have had to be taken into account: Netanyahu’s contribution to national security, Trump’s demands, the possibility of reaching regional peace agreements, and so on.
Antonio Albanese e Graziella Giangiulio
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