Proposed Legal Maneuver to End Political Stalemate and Address Netanyahu's Trial
Translated & summarized from Bizportal by baba
A proposal suggests enacting an "accused law" to prevent indicted individuals from forming a government and granting a pardon to Benjamin Netanyahu in exchange for his withdrawal from politics. This aims to resolve Israel's political deadlock and prevent further elections. The plan requires legislative action, Netanyahu's cooperation, presidential involvement in pardon terms, and potentially a favorable Supreme Court ruling. The author acknowledges the low probability of success but argues for creative solutions for national stability.
The story in 5 lines · by baba
- A proposal suggests an "accused law" to prevent indicted individuals from forming a government.
- The plan includes a pardon for Benjamin Netanyahu conditional on his withdrawal from politics.
- This dual approach aims to end Israel's political deadlock and prevent further elections.
- The Supreme Court previously allowed Netanyahu to form a government despite his indictment.
- The proposal requires legislative action, presidential involvement, and Netanyahu's cooperation.
Israel faces the prospect of further elections and continued rule by a failing government, jeopardizing national stability. A legal and constitutional proposal suggests enacting an "accused law" and granting a pardon to Benjamin Netanyahu to resolve the political deadlock.
The proposed "accused law" would amend the Basic Law: The Government to prevent an individual facing indictment for a crime involving moral turpitude from forming a government. While current law mandates dismissal of ministers and deputy ministers upon conviction of such a crime, it remains silent on the status of a prime minister facing indictment. The Supreme Court, in a 2020 ruling (known as "Bibi-gate"), allowed Netanyahu to form a government despite his indictment, though several justices urged the Knesset to legislate on the matter. This legislation has not occurred due to political considerations.
The article argues that such a law, if passed to take effect from the next Knesset, could withstand legal challenges regarding its personal nature. It suggests the Supreme Court might be inclined to uphold it, especially given the prior legislative inaction. The proposal also includes a pardon for Netanyahu, conditioned on his permanent withdrawal from political life. This, the author posits, could facilitate the formation of a unity government, remove a key obstacle in post-October 7th accountability discussions, and potentially trigger internal dissent within the Likud party against Netanyahu.
Netanyahu's year-old pardon request to President Herzog remains stalled, with the Attorney General having cautiously engaged in discussions while Netanyahu did not respond. The article suggests reviving this request, framing it as an exceptional measure for national healing and to prevent repeated elections. It proposes a formulation where Netanyahu might admit to some wrongdoing, referencing a past statement by former Justice Miriam Ben-Porat that a pardon request itself constitutes an admission. This scenario would allow Netanyahu to receive a pardon, avoiding public disgrace, while enabling the formation of a stable government capable of addressing critical national issues.
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