Netanyahu Falls into 'Pardon Trap' as Calls for His Exit Grow
Dec. 7--Sources both in Washington and Jerusalem say that the Butcher of Gaza, Israeli Prime Minister Benjamin 'Bibi" Netanyahu's request for a pardon from Israel's President Isaac Herzog on the charges he faces of bribery, fraud, and breach of trust that are the subject of ongoing corruption trials, may wind up sealing his political fate, and ultimately causing him to leave office and political life, even before elections now expected for early next year, could throw him out of office.
These sources say they are now looking at the move, for which Bibi received encouragement from his "friend" President Donald Trump, as a political trap "which Bibi has stuck his big foot in and from which he will have trouble pulling it out," according to one source. You cannot be pardoned unless you are either convicted of a crime or plead guilty to it—or at least that is the legal precedent. There is no example of a criminal or political figure (or a criminal political figure) ever being pardoned without an admission or conviction on charges—yet that is what Bibi is asking for.
On Nov. 30, lawyers Netanyahu delivered a 111-page request for a full pardon on all the charges he now faces in court to Herzog. In a letter accompanying the legal request, Netanyahu unconvincingly argued that while he was eager to prove his innocence in court, it was in the “national interest” to bring the five-year corruption trial to an end, because it is “tearing us apart.” Bibi has called the trial a “witch hunt,” but critics say that he has prolonged the war in Gaza in order to stall his legal case.
Unprecedented
The pardon of a political figure before a conviction or any admission of guilt, would set a precedent. Herzog’s office has described the move as “extraordinary,” and passed the document to the Pardon Department of the Israeli Justice Ministry for review. Herzog wants his legal advisors to formulate a legal opinion before considering any decisions.
U.S. President Donald Trump also sent a letter to Herzog Nov. 12 requesting a pardon for Netanyahu. President Trump’s letter stated that at this “historic time, as we have, together, just secured peace that has been sought for at least 3,000 years, I hereby call on you to fully pardon Benjamin Netanyahu, who has been a formidable and decisive War Time Prime Minister…. While I absolutely respect the independence of the Israeli Justice System … I believe that this ‘case’ against Bibi … is political, unjustified prosecution.”
Herzog rejected Trump’s request. President Trump had also brought up a pardon when he spoke in October at the Israeli Knesset as the first phase of the Trump Peace plan was being implemented, security the release of hostages, living and dead, held by Hamas.
Yes, If You Retire
Surprisingly to some, there has been support for the idea of a pardon across a broad spectrum of Israeli political life, but only if it comes with Bibi's admission of guilt and the announcement of his withdrawal from political life.
Opposition Leader Yair Lapid said that the president cannot accept Netanyahu's request for a pardon without "an admission of guilt," and that Netanyahu must express remorse for his actions and immediately retire from public life. Yair Golan, leader of The Democrats party, said that "only those who are guilty seek a pardon," and that "the only possible deal is for Netanyahu to take responsibility, admit guilt, leave politics and free the people and the state."
Nearly half of Israelis oppose pardoning Netanyahu, while over one-third support it, according to two polls published on Sunday by Israeli news channels. A Channel 12 News poll found that backing for a pardon rises if it is conditioned on Netanyahu's departure from politics.
Former PM Naftali Bennett said on X that in order to "rescue Israel from the chaos" caused by Netanyahu's attempts to evade his trial, he will "support a binding agreement that will include a dignified withdrawal from political life alongside the end of the trial." Right-wing opposition lawmaker Avigdor Lieberman, once a close ally of Netanyahu, also said a pardon should be followed by "complete retirement from public life."
Is an 'Alfred Plea' Possible?
What if Bibi is offered the equivalent of an Alfred Plea—not accepting guilt but admitting that there is enough evidence to convict him, said a source close to the White House. "And what if he was offered a pardon, if he agreed to an exit from public life? He might accept such a deal—if Trump pushes it, or even if he doesn't. People who know what is happening in the trial say that despite Bibi's profession of innocence and his charges of a political frameup, it is likely he is going to be found guilty. That would be the worst outcome for Bibi, Israel and also for the Trump plan, as it could plunge Israel into civil war-like conditions. So, who is to say that Trump and other saner people might not want Bibi to exit the scene, stage right, to make the full implementation of the peace deal possible, if not yet likely?"
Bibi is sensing that he may be already snared in this "pardon trap." He responded sharply a reporter's query at a joint press conference with visiting German Chancellor Friedrich Merz Dec. 6, stating that he would not be willing to retire from political life in exchange for a pardon in the criminal corruption cases against him, following his formal submission of a pardon request last week. Turning to Merz following the question, he added: "They are very keen, very concerned about my future ... so are the voters, and they will decide."
Herzog is expected to decide on the pardon request soon.