A pardon for a quiet retreat: The solution for Netanyahu - editorial

Back on May 26, 2020, when Prime Minister Benjamin Netanyahu gave his opening statement at the commencement of his criminal trial in Jerusalem, we wrote that he “managed to shift the focus... away from the image of a prime minister on trial to the image of a prime minister being lynched by a crooked system out to get him."

Now, four-and-a-half years later, amid the marathon trial that has heard dozens of witnesses, has experienced numerous delays, and has taken place through both the judicial reform upheaval and more than a year of war in Gaza and Lebanon, Netanyahu has finally taken the witness stand as he mounts his defense.

Like his opening statements, his strategy has been to emphasize his importance to the country and minimize the "trumped-up" charges against him. The trial has taken on the trappings of a circus, with urgent notes being passed to the prime minister from his aides, controversy from both supporters and detractors over the court ruling that Netanyahu would be testifying three times a week, and a nation’s eyes on every nuance emanating from defendant No. 1 on the witness stand.

The spectacle could be something that is taken in stride – even applauded – for the ethos that nobody is above the law – if it weren’t for the state of the country.

We are in the midst of a 14-month all-consuming war that has seen thousands of Israelis killed, 100 hostages still unaccounted for who are languishing in Gaza, and major regional upheavals to Israel’s North – not to mention the myriad of internal issues that must be addressed.

Clemency for all

Put it all together, and it seems a bit surreal for the trial to take up any bandwidth of the country’s attention. But, it does. This is why it behooves us to revisit President Isaac Herzog’s remarks last week at a conference hosted by the Makor Rishon newspaper.

When asked: “Do you think the time will come for clemency – not just for Netanyahu, but for all citizens of Israel?” Herzog replied, “I believe it is our duty to uphold the rule of law, and no one is above it.

“That said, it was not a happy day to see the prime minister in court, and I believe every citizen should feel that way. I won’t comment on the specifics of the trial itself. I will always exercise my powers according to my conscience and the law. But for now, clemency is not on the table.”

What was left unsaid, but implied, was that if a proposal was made to pardon Netanyahu of the charges against him in exchange for retirement from public life, this was something the president would consider.

The idea of a presidential pardon has been floated since Netanyahu was first indicted in 2019. Back in 2022, The Jerusalem Post’s then-editor-in-chief Yaakov Katz wrote, “There is no good outcome for Israel’s criminal justice system in this trial. If Netanyahu is found guilty, his followers will continue to stand by him. They will now claim – as he has since the police investigation began – that the case was rigged from the outset.

“On the other hand, if Netanyahu is acquitted of the charges against him… Israel will find itself in a constitutional and legal crisis never seen before. With no trust in the courts, there will be little trust in the rule of law,” according to Katz.

Dragging the country through a drawn out trial has not been healthy, and the outcome – whether Netanyahu is acquitted or convicted – will be fraught with dissent. Just as importantly, Israel needs a full-time prime minister focused solely on the country’s critical issues.

Now is the time for visionary individuals on both sides of the political divide to come together and officially propose a pardon for Netanyahu in exchange for his withdrawal from public life.

Netanyahu, who has accomplished so much in his career – and has done so much to build Israel and promote its cause – can save his legacy, and spare the country the distraction of an ongoing trial that takes the focus away from the vital issues.

We’re facing many more months of testimony from Netanyahu, who will be incapacitated for much of the week. And in the likelihood of a conviction at the end of the trial, the country will revisit the shame of yet another prime minister being sentenced and sent to prison.

Israel cannot afford either right now. So where are the cool heads that can see beyond partisanship and go to the president with a plan to get us beyond this crisis? Are they out there?