Should Israel’s President Grant Netanyahu a Pardon at Trump’s Request?

The recent letter from US President Donald Trump to Israel's President Isaac Herzog urging the full pardon of Prime Minister Benjamin Netanyahu has sparked significant debate within Israel. Netanyahu, who has been on trial for bribery, fraud, and breach of trust for five years, maintains his innocence. Trump's letter highlights a tension between political support and legal accountability, raising questions about the implications of such a pardon for Israel's democracy and justice system.

Last updated: 22 October 2023 (BST)

What’s happening now

President Trump's recent appeal to President Herzog for a pardon for Netanyahu has intensified discussions surrounding the ongoing trial. Trump has characterised the prosecution as politically motivated, which aligns with Netanyahu's own claims of a "witch-hunt" against him. The political ramifications of this situation are profound, with implications for both Israeli governance and its legal system.

Key takeaways

Trump has formally requested a pardon for Netanyahu, framing the trial as unjust.
Netanyahu's trial includes serious charges of bribery and fraud, which he denies.
Israeli law requires a formal request for a pardon, which has not yet been made.
Political leaders in Israel are divided on the issue, reflecting broader societal tensions.

Timeline: how we got here

The situation surrounding Netanyahu's trial and the request for a pardon has evolved significantly over the past few years:

January 2020: Netanyahu becomes the first sitting Israeli prime minister to stand trial.
Throughout 2020-2023: The trial progresses through various legal stages, with multiple allegations against Netanyahu.
October 2023: Trump publicly calls for Herzog to pardon Netanyahu following his role in ceasing hostilities in Gaza.

What’s new vs what’s known

New today/this week

The letter from Trump marks a significant political intervention in Israeli domestic affairs, bringing international attention to Netanyahu’s legal challenges. Trump's assertion of respect for Israel's justice system juxtaposed with his call for a pardon raises questions about external influence on Israeli sovereignty.

What was already established

Netanyahu's trial has been ongoing for several years, with allegations of corruption that have divided public opinion in Israel. Netanyahu has consistently denied wrongdoing and framed the charges as politically motivated. The legal framework for pardons in Israel requires formal procedures to be followed, which have not yet been initiated in this case.

Impact for the UK

Consumers and households

The broader implications of Trump's letter could affect the UK's diplomatic relations with Israel and influence public opinion. British citizens with ties to Israel or interests in the region may find themselves engaging with the unfolding narrative of justice and democracy in Israel.

Businesses and jobs

Political instability in Israel can have ripple effects on its economy, which may concern UK businesses operating in the region. Any changes in leadership or policy resulting from a pardon could impact trade relations and economic cooperation.

Policy and regulation

The UK government may need to navigate its responses carefully, especially given its historical ties to Israel. The dynamics of Israeli governance and legal proceedings could influence UK foreign policy and bilateral engagements.

Numbers that matter

5 years: Duration of Netanyahu’s trial as of October 2023.
3 cases: The number of separate legal cases against Netanyahu.
2 years: The length of time since the start of hostilities in Gaza leading to Trump's intervention.
100,000+: Estimated number of protesters opposing judicial reforms in Israel over the past two years.
1: The unique position of Netanyahu as the first sitting prime minister to face trial.

Definitions and jargon buster

Pardon: An official release from the legal consequences of a crime.
Bribery: Offering money or favours in exchange for influence or action.
Fraud: Wrongful or criminal deception intended to result in financial or personal gain.

How to think about the next steps

Near term (0–4 weeks)

In the immediate future, observers should watch for any formal requests related to the pardon from Netanyahu or his representatives. Additionally, public and political responses within Israel may shape the direction of the trial.

Medium term (1–6 months)

Longer-term implications could involve shifts in Israeli policy or governance, especially if Netanyahu were to receive a pardon. The effects on public sentiment regarding democracy and legal integrity will also be significant.

Signals to watch

Any formal requests for pardon from Netanyahu or his family.
Public reactions within Israel, particularly from opposition leaders and civil society groups.
Changes in the Israeli government’s approach to judicial reforms and legal accountability.

Practical guidance

Do

Stay informed about developments in Netanyahu’s trial and the potential for a pardon.
Engage with discussions around the implications of political influence on legal processes.
Consider the broader context of democracy and rule of law in Israel.

Don’t

Assume that a pardon will be granted without formal procedures being followed.
Ignore the potential societal divisions that this issue may exacerbate in Israel.
Dismiss international reactions as irrelevant to domestic affairs in Israel.

Checklist

Understand the current status of Netanyahu's trial.
Familiarise yourself with the legal processes for pardons in Israel.
Monitor political developments and public sentiment regarding the trial.
Engage with media coverage to grasp the implications for Israeli democracy.
Reflect on the impact of external political pressures on national sovereignty.

Risks, caveats, and uncertainties

The situation is fluid, with many uncertainties surrounding the potential for a pardon. The political landscape in Israel is highly charged, and public opinion may shift dramatically depending on upcoming developments in the trial and reactions from key political figures. Moreover, the legal implications of a pardon remain complex, particularly regarding the required admissions of guilt and the procedures outlined in Israeli law.

Bottom line

The request for a pardon for Benjamin Netanyahu by Donald Trump introduces significant challenges to Israel's legal and political landscape. As debates unfold over the legitimacy of the trial and the nature of political influence on judicial matters, it is crucial to remain engaged with the evolving narrative and its implications for democracy in Israel.

FAQs

What are the charges against Benjamin Netanyahu?

Benjamin Netanyahu faces charges of bribery, fraud, and breach of trust in three separate cases, which he has denied, claiming the trial is a political attack.

What is required for a presidential pardon in Israel?

A presidential pardon in Israel requires a formal request and typically an admission of guilt. The process is governed by Israel’s Basic Law.

How has public opinion in Israel reacted to the trial?

Public opinion in Israel is divided; many view the trial as a crucial test of democracy, while others see it as politically motivated, reflecting broader societal tensions.