Is Netanyahu's pardon, as Trump is demanding, possible?

BarcelonaDuring his Historic address to the Knesset plenum, US President Donald Trump asked Israeli President Isaac Herzog to pardon Prime Minister Benjamin Netanyahu, who is being tried for several corruption cases by a Jerusalem court. He said this in the presence of both, and it was not the first time he had let it slip, but he had already called for "Bibi's release" last JuneBut what potential impact might Trump's suggestion have in practice?

Herzog has made his political career in the Labor Party, a practically remnant party these days, but one that once defined Israeli political life. He maintains very cordial relations with Netanyahu, and the two politicians appreciate each other, so this possibility is not out of the question.

Trump believes that receiving a few bottles of champagne and a few boxes of cigars as gifts is not a serious matter, and therefore, Herzog should pardon the prime minister. In fact, this is a question that has been discussed among some Israeli analysts, and it is not ruled out that it could materialize at some point. The presidency of the country is a symbolic position, and its most significant authority is precisely its ability to pardon.

The Israeli media have speculated about this possibility and also about the possibility of Netanyahu reaching an agreement with the Prosecutor's Office. A presidential pardon is more interesting and beneficial for the prime minister, because a plea bargain would require Netanyahu to make concessions on his part, concessions he doesn't want to make. Indeed, a plea bargain would, in all likelihood, mean Netanyahu's resignation from political life, and despite being the longest-serving prime minister, he has no intention of leaving the front line. Netanyahu believes he can remain head of government for many more years, and has the support of a sufficient majority in the Knesset to continue.

A presidential pardon, in principle, would not mean that Netanyahu would have to abandon politics. This October, he will turn 76, and despite the war in Gaza and the corruption cases in which he is implicated, Netanyahu sees himself as a providential politician for Israel. His intention is to change the Middle East, but also to change Israel, and that is what he is doing.

Trump's request for Herzog to pardon Netanyahu before the Knesset may not be a coincidence. Some Hebrew media outlets say Netanyahu himself personally asked him to do so. He knows that a pardon is preferable to a plea deal, and everything seems to indicate that he has come to the conclusion that now is the time to pressure his friend Herzog.

Unprecedented

On the other hand, there is no precedent for a similar pardon for a prime minister. Indeed, there is one case, that of former President Moshe Katsav, that argues against a pardon and may serve as an illustration. Katsav was president of Israel from 2000 to 2007. The end of his presidency was marked by a scandal. He was accused of raping one of his secretaries, as well as sexually abusing other female subordinates, even while serving as president, and at his official residence in Jerusalem.

The scandal forced him to resign in 2007, as part of a deal with the Prosecutor's Office under which he would not have to serve any prison time. But he soon afterward rejected the deal and said he wanted to defend his innocence in court, an option that the vast majority of the political class considered inappropriate and too risky.

The trial dragged on until December 2010, when the court found him guilty of two counts of rape and other lesser offenses. He was sentenced to seven years in prison. Katsav appealed to the Supreme Court, but the sentence was upheld, and the former president served five years in prison before being released and withdrawing completely from political life.

In this case, Katsav went to prison and was not pardoned by the president, despite having been the country's top leader. His crimes were apparently much more serious than Netanyahu's, but this lack of precedent may not work in his favor. However, the door to a future pardon cannot be closed off to Benjamin Netanyahu, who has held the office of prime minister for more than a decade and enjoys the unconditional support of half the country and a majority of Parliament.