by Attorney Yitzhak Lax, member of the Israeli Bar Association, translated by Hillel Fendel.
How is it possible that while our blood is still being spilled in the alleys of Gaza, the trial of Prime Minister Netanyahu continues in the Jerusalem District Court as if nothing else was happening?
Israeli in the summer of 2025 is undergoing a complex and painful
reality, fraught with existential challenges. The Iron Swords war in Gaza, newly
named Gideon's Chariots, continues – some would say, limps along – while our hostages
are still barely surviving in Gaza tunnels, the northern front burns despite
the conclusion of the brilliant Rising Lion offensive against Iran, and Israeli
society is once again divided and bleeding.
Yet, despite and amidst all this national chaos, while soldiers continue
to fall at the hands of Hamas terrorists in Gaza, the trial of Prime Minister
Netanyahu continues in the Jerusalem District Court. The obvious question that
cries out to the heavens is: For how long will we continue to allow this
absurdity to go on?!
That "all are equal before the law" is a clear and fundamental
principle in democracy, and its importance cannot be underestimated. But there
is still a fine line between upholding important principles and not seeing reality.
For all his weaknesses and limitations, Netanyahu is the prime minister of the
State of Israel, at the center of making the most fateful decisions in the
history of the country. Leading a multi-front war, he is the one who heads and directs
the diplomatic effort vis-à-vis the US and the world, the one responsible for
waging the war, and the one whose critical job it is to lead Israel through the
stormy sea of security and political threats. To demand that he sit in a
courtroom for days and weeks on end to be cross-examined about events that took
place years ago, about champagne, cigars, and a Bugs Bunny doll, when Israel is
waging a war of survival outside - this is a criminal disregard for reality.
This is no small matter. At stake are human lives, the security of an
entire country, and the future of Israeli society. Every minute of time, every
hour of thought, and every mental effort of the prime minister must be devoted
only to these burning matters.
With the citizens of Israel facing an ongoing, permanent threat, and
with the IDF fighting on so many fronts, our leadership must be totally focused
and clear, with no distractions. Can Mr. Netanyahu be expected to focus on
running the various military wars and fronts while simultaneously being
challenged to remember various trivial details from years ago (some from as
long ago as 2004)? The answer is clearly: No.
And yet behold, precisely during these emergency times, when common
sense and simple logic dictate that all activity that is not essential for
national survival should be suspended, the prosecution insists on going ahead
with the trial with blood-curdling indifference. Its refusal to agree to a mere
two-week delay, when the trial has already been ongoing for five years and is
expected to continue for many more, was nothing short of evil. What unbearable
legal drama would occur if the hearings were postponed by two weeks? Would the
judicial system collapse? Would justice be irreversibly corrupted?
Again, clearly not. A short delay for emergency reasons is something
that should occur automatically; what discussion is even necessary? The stubborn
insistence by the prosecution - and by the court itself, which in the end
agreed to suspend the trial by only one week - is testimony not only to
shocking insensitivity, but also to total misunderstanding on our national
priorities. It sometimes appears that the law enforcement network sees itself
as an objective in and of itself, detached from all context, and focused on
procedure at the expense of the essence.
And herein lies the heart of the absurdity: The judicial system, which
is supposed to be serving the public and protecting its security and welfare,
is actually acting in a way that appears to be endangering it. It ties the
Prime Minister's hands during an absolutely most critical period, occupying him
with technical and questionable legal matters while our enemies watch and wait
to pounce.
Did we really have to reach the point where U.S. President Trump
expresses amazed consternation at the ridiculousness of Netanyahu, with whom he
talks every day these days, having to work his schedule around two days a week
of court hearings and cross-examinations?
Could anyone possibly imagine Winston Churchill be placed on trial in
the midst of the months of the Nazi Blitz of London at the beginning of World
War II? Or Abraham Lincoln being tried on technical matters while the American
Civil War raged on? The comparisons might seem exaggerated, but they actually
are not, and they typify the incredible lack of proportions taking place here
and now.
The trial itself long ago became a political tool and a source of
divisiveness within Israeli society. It eggs on the fringes, heightens the
hatred, and distracts our attention from the matters that are truly important.
Is there any justification to continue holding the trial while Israel fights
for its life? Hasn't the time come to show national responsibility, to put
aside these political disputes, and to understand that there are more urgent
matters than a criminal trial, even one without as many question marks around
it as this one has?
The prosecution and the courts must stop shooting itself, and us, in the
foot. They are weakening the Prime Minister and impairing his ability to
function – and are also giving over a mistaken message to the Israeli public,
as if the people in leadership are totally detached and oblivious to what is
going on around them.
Israel is at a historic crossroads. Our future depends on our ability to
unite, focus on the war effort, and act in a way that guarantees our security
and existence. To continue to conduct Netanyahu’s trial, especially in light of
the absurd refusal to agree to a short, two-week delay, constitutes yet another
obstacle on the path to achieving that guarantee. The time has come for
sensible reason and national responsibility to prevail over bureaucratic
rigidity and ignoring of reality. The future of the state is more important
than any legal proceeding – especially one that can wait.