Netanyahu’s pardon bid is ‘chutzpah’ that risks dividing Israel, Former PM aide warns

Key Concepts

Presidential Pardon: A presidential power to forgive an individual for a crime.
Hutzbah: A Hebrew word meaning brazenness or audacity.
Independent Judiciary: A legal system where courts are free from undue influence from other branches of government or external pressures.
Coalition Crisis: A situation where a government formed by multiple parties faces instability and potential collapse.
Ultra-Orthodox Draft: The ongoing debate and political challenge regarding the conscription of ultra-Orthodox Jewish men into the Israeli military.
Abraham Accords: A series of normalization agreements between Israel and several Arab nations.
Electoral Calculus: The strategic considerations and calculations involved in winning an election.

Benjamin Netanyahu's Pardon Request and its Implications

Mitchell Barrack, a former foreign ministry aid to Israeli Prime Minister Benjamin Netanyahu and speechwriter for Ariel Sharon, discusses the unprecedented nature of Netanyahu's request for a presidential pardon. Barrack argues that Netanyahu is attempting to achieve three objectives simultaneously: obtaining a pardon, avoiding admission of guilt, and leveraging the situation to his political advantage.

Netanyahu's "Three-Way" Strategy

Barrack characterizes Netanyahu's approach as "having it all three ways," highlighting its unprecedented nature. This strategy involves:

Seeking a Presidential Pardon: The primary goal is to secure a pardon, which would ostensibly clear him of charges.
Avoiding Admission of Guilt: Crucially, Netanyahu does not want to admit that he has committed any wrongdoing. This is a significant point of contention, as pardons typically involve some acknowledgment of culpability.
Political Leverage: Netanyahu is using the pardon request to portray himself as a victim of a system that is "against him" (the president, police, courts, and Knesset). This narrative, Barrack suggests, is a tactic to rally support and effectively kickstart his election campaign. Barrack notes that Netanyahu's use of "hutzbah" (brazenness) is evident in his claim that seeking a pardon will "stop the divisions in the country and unite people," when in fact, the act itself is divisive.

The Role of the Israeli President

The discussion then shifts to the pressure on Israeli President Isaac Herzog regarding the pardon request. Barrack, having previously advised President Shimon Peres and worked in the president's office, explains the president's powers, including pardoning and forming a government.

President Herzog's Position: Barrack believes President Herzog, being a lawyer and having extensive political experience, is well-aware of the complexities. He notes that Herzog knows Netanyahu personally.
Legal and Societal Concerns: Barrack points out that a pardon without an admission of guilt presents a legal problem and would divide Israeli society. He questions whether the president should consider the pardon given these factors.
Netanyahu's Justification: The Prime Minister's argument is that he cannot effectively lead the country if he has to go to trial.

US Intervention and its Consequences

A significant development discussed is the intervention of the US President, who has publicly called on President Herzog to grant Netanyahu a pardon, both in the Knesset and in writing. Barrack strongly condemns this action.

Interference in Domestic Affairs: Barrack asserts that the US President is "absolutely interfering" in Israel's domestic justice system. He argues that the US President has no right to request a pardon for Netanyahu.
Undermining Israeli Judiciary: This public request, Barrack contends, should disqualify the pardon because it undermines Israel's independent judiciary. He contrasts a public appeal with a private one, stating that public political pressure for geopolitical reasons is detrimental to Israel.
Impact on Foreign Policy and Military: Barrack highlights the dangerous implications of this intervention on three levels: the judiciary, foreign policy (which he states is "very much now dictated by the United States"), and the military (with US generals assisting in Gaza).

Shifting Focus and Electoral Calculus

Barrack argues that Netanyahu has successfully used the pardon issue to divert attention from other critical matters.

Distraction from October 7th: The pardon debate has taken the focus away from the responsibility and aftermath of the October 7th attacks.
Coalition and Draft Issues: Other pressing issues, such as the coalition crisis and the draft of the ultra-Orthodox, have been overshadowed.
Electoral Impact of a Pardon:
- Potential for New Partners: If pardoned, Netanyahu might attract new coalition partners who would see him as cleared of charges.
- Mobilizing Supporters: If he doesn't get the pardon, his supporters may be angered and motivated to show support, potentially leading to increased votes. They might argue he "deserved" a pardon due to his post-October 7th actions and regional/US relations.
- Clearing the Slate: A pardon would allow Netanyahu to enter the next election without the trial hanging over his head, presenting a "cleared slate." He is unlikely to admit guilt and will likely continue to claim he was "prosecuted unjustly."

Conclusion

Mitchell Barrack concludes that the pardon request is a complex political maneuver by Benjamin Netanyahu, designed to achieve personal and political objectives while leveraging external pressures. The intervention of the US President is seen as a significant and detrimental interference in Israel's internal affairs, impacting its judiciary, foreign policy, and military operations. The outcome of the pardon request, regardless of whether it is granted or denied, is likely to have a substantial impact on Netanyahu's political future and the Israeli political landscape.