based on an article by Emmanuel Shiloh, editor of the Besheva weekly, translated by Hillel Fendel.
For many in Israel - the growing population sector of critics of our national
judicial system – the continuation of the Netanyahu trial is precisely what
they would like to see. This is because they feel that so many judicial-ethical
defects are being exposed in the running of the Netanyahu trial that allowing
it to take its course is the best way to prove to the country that the judicial
system needs a total overhaul. The list of flaws, to put it nicely, that have
surfaced in this trial is too long and uncomplimentary for this column.
Perhaps one point that must be noted is that which seems to have irked
US President Trump into actually pushing Israeli President Herzog to pardon our
prime minister. That is that the justices insist that Netanyahu - who is
running a country with probably the most challenges in the world - appear for
testimony no fewer than three days a week! Yes, in the middle of multi-front security
threats, Netanyahu must prepare, and show up, for all those hours of testimony –
and about what? About cigars that he apparently received several years ago, and
about whether the press coverage he received in certain media outlets was
totally negative or perhaps tilted in his favor to slightly less than pareve.
The longer the trial continues, the more it appears that he was framed so
coarsely not so that he will be found guilty, but simply to ensure that he
retains the title of "accused" and thus be forced somehow to leave
office.
All this does not mean to say that he will not ultimately be found
guilty of "breach of trust" of one clause or another. It is very unlikely, in today's Israeli
judicial establishment, that the judges will totally exonerate him, and thus
allow years of prosecution efforts and prestige to go down the drain. Rather, the
District Court will probably find him guilty of at least something, so that
this will not happen. And if the District Court judges surprise us and acquit
him of all charges, it can be assumed that the Supreme Court, on appeal, will
do the job of saving the Prosecution's face.
But in truth, even though the continued trial serves the purpose of exposing
the foibles of our judicial system, there is something else very much on the
line (aside from the personal price Netanyahu is paying): It is in our critical
national interest to put a quick end to this trial, whether it be by the
withdrawal of the charges by the prosecution, or via presidential pardon. Israeli
law clearly allows a prime minister to continue in office even if he has been
charged with a crime, and even during his actual trial. This is logical; when a
trial is run at a reasonable pace, and when the general state of the country is
satisfactory and routine, a prime minister can run the nation even while running
his own trial at the same time.
But this is not the case at present. Our national security is quite
tense, and battles are liable to erupt again at any moment, whether in Gaza,
Lebanon, Iran or Yemen – or even in Syria. The problem is that the presiding
District Court justice in the trial is nearing mandatory retirement age, and it
is her interest to have as many trial days as possible so that her court can
return a verdict while she is still serving.
Ideally, one hearing a week would be a fine pace, balancing the trial's
needs with the precious time of a prime minister that should be dedicated to
fateful and critical decisions. But under the circumstances, his many hours in
court, and his frequent need to request the judges' permission to be excused
for urgent national needs, create a situation in which Israel's moves are open
and revealed to all, at least partially, arguably endangering Israeli's
security. This is an absurd state of affairs.
What is needed, therefore, is a "responsible adult," an
objective player, who will weigh what is truly best for the country at this
time and will realize that an end to the trial is what is needed. President
Yitzchak Herzog, who so far has not particularly succeeded in distinguishing
himself – certainly not during these difficult two-plus years of war – holds
this authority in his hands. He has the chance to do a great favor to his
countrymen and to Am Yisrael, and pardon Binyamin Netanyahu. As Mordechai told
Esther back in Persia, "Who knows if not for this moment did you rise to
power!"
There are those who say that it will be much easier for Herzog to grant
a pardon if Netanyahu agrees to retire from politics, or to put an end to the
judicial reform program. The latter is particularly illogical, as there is no
connection between the questions of Netanyahu's guilt and whether the judicial
system's foibles must be corrected. And regarding his departure from politics –
why should the will of the majority of Israelis, who voted for him and his
allies, be shelved? It is simply a form of corruption to allow fake charges and
trumped-up trials to dictate who runs the country.
For Netanyahu personally, it is up in the air whether it is best for him
to have the trial continue, or to be pardoned. But of course the main
consideration is not his personal benefit, but rather the good of the country.
We all deserve a pardon from this tiresome, distorted, and harmful trial.
---Besheva columnist Avishai Greentzeig agrees that the trial should
end, but preferably by way of the prosecution agreeing to drop most of the
charges so that a summation can be reached quickly and efficiently. Greentzeig particularly
decries the nationalist camp's reliance on President Trump's intervention in
the affair, given that in every other case the right-wingers are greatly
opposed to American meddling in internal Israeli matters.