Die außergewöhnliche Logik von Netanyahus Bitte um Begnadigung

Gershom Gorenberg: “Presidential pardons are in fashion in the United States, even for people who haven’t yet been found guilty of a crime. Israeli Prime Minister Benjamin Netanyahu is a well-known Americanophile. Now he, too, wants a preconviction pardon, a never-go-to-jail card.

“On Sunday, his lawyers submitted his request, stressing that freeing Netanyahu from his marathon corruption trial would be purely for the public good.

“Because Netanyahu faces Israeli, not U.S., charges, he had to seek relief from Israel’s president, Isaac Herzog, rather than from Donald Trump. But Trump has already weighed in. In a letter last month, he urged Herzog to issue a pardon. The case against Netanyahu is ‘political, unjustified prosecution,’ Trump wrote, concluding with his standard line to an implied underling: ‘Thank you for your attention to this matter.’

“The U.S. connection doesn’t end there. If Herzog accedes, he will put Israel firmly in the American camp, where the ruler is above the rule of law.

“The police began investigating Netanyahu in 2016. He went on trial in 2020 on charges of fraud and breach of trust in three separate cases, and bribery in one of them. One charge held that he used his office to help a billionaire, from whom he and his wife received gifts that included a steady supply of expensive cigars and champagne. Another alleged that he granted regulatory favors in return for favorable coverage on a popular news site.

“The legal and financial complexity of the cases, the long list of witnesses, and the defense team’s tactics have all served to drag out the trial. So did the coronavirus pandemic and the war in Gaza. Over the past year, Netanyahu has had to appear in court as a witness for the defense, and then for cross-examination. The three judges presiding over the trial have repeatedly allowed him to miss days or testify for fewer hours because of what he presented as pressing matters of state. From the start, Netanyahu has accused the police, the prosecution, and the media of a political witch hunt.

“The pardon application, though, is a new gambit. And Trump’s letter is likely one reason for the timing. Netanyahu may believe that the U.S. president’s backing could make Herzog more amenable, while providing cover with some part of the Israeli public.”

“Besides that, another stratagem to end the trial without a verdict has stalled. Since March, the Netanyahu government has sought to dismiss Attorney General Gali Baharav-Miara. The cabinet formally voted to do so in August. In Israel, the attorney general has a quasi-judicial role that includes heading the state prosecution, and she has the power to stay proceedings mid-trial. Baharav-Miara has steadfastly refused to do what a more pliant replacement might. But the supreme court has blocked her dismissal and is expected to issue a final ruling against it on procedural grounds.

“Testifying, especially under cross-examination, may be what has pushed Netanyahu to look for a way out. For most of the trial, he was not required to be present in court. But since his testimony began last December, he has had to appear on the witness stand as the defendant, a constant blow to his self-image. Worse, since the cross-examination began in June, he has been caught in contradictions, and his lawyers have probably told him that he stands a strong chance of being convicted.

“The pardon request is an extraordinary document. Contrary to the standard legal advice in Israel for those appealing to the president, Netanyahu does not ‘express sincere remorse for his actions.’ Logically, this makes sense: Remorse would be a mid-trial admission of guilt. Rather, his lawyers insist that he is innocent, and that his purely personal interest is in letting proceedings continue until he is acquitted. He’s asking for a pardon, they claim, for the good of the nation.”

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