Will Netanyahu Confess? His Former Lawyer Blocks the Path to Pardon

Micha Faitman, the former defense lawyer for Israeli Prime Minister Benjamin Netanyahu, stated that the presidential pardon request submitted by Netanyahu cannot be granted before the Prime Minister confesses guilt in the corruption cases against him.

1. The Legal Condition for a Pardon

• Faitman's Stance: Faitman explained in a television interview that "A pardon is granted to the guilty—this is what the law stipulates."

• Legal Precedent: He cited the Bus 300 affair in 1984, where then-President Chaim Herzog granted a pardon to the perpetrators after their confession of guilt, stressing that the Supreme Court considered this confession a basic condition for the pardon.

• Pre-Trial Pardon: He noted that a pre-trial pardon is rare in Israel.

2. Netanyahu's Stance on Pardon and Confession

Netanyahu submitted a pardon request spanning 111 pages along with a personal letter to President Isaac Herzog, yet he maintains his position:

• Refusal to Confess Guilt: Netanyahu had previously emphasized that he would not seek a pardon if it meant confessing guilt.

• The Submitted Request: The pardon request was made without any admission of guilt or showing remorse.

• Justification for the Request: Netanyahu asserted that the indictment against him is illegitimate and that revoking it could contribute to "enhancing comprehensive reconciliation."

• Adherence to Trial: Netanyahu remains insistent on not negotiating conditions: "Either an unconditional pardon or continuing with the trial until acquittal."

3. The Presidency's Position and Political Concerns

• President Herzog's Response: Israeli President Isaac Herzog denied media reports suggesting he currently leans towards granting a conditional pardon or proposing a plea deal, stating he will consult legal opinion before making any decision.

• Circulated Proposals: Media sources indicated that Herzog might offer a plea bargain proposal or a conditional deal to end the trial, and he might consider issuing a conditional pardon that would be voided if Netanyahu violated its terms.

• Protests Against Pardon: Faitman's statements coincided with anti-Netanyahu protests outside President Herzog's residence, demanding the rejection of the pardon request.

• Expected Response Time: Herzog is expected to take several weeks before providing his official response to the pardon request.

4. Ongoing Corruption Cases

Netanyahu is currently on trial for separate charges including:

• Bribery, fraud, and breach of trust.

• Allegations of media manipulation and receiving illegal gifts in exchange for government favours.

• His trial began in May 2020 and is ongoing. Netanyahu denies all wrongdoing, describing the charges as an attempted political coup.