Netanyahu’s pardon request sparks legal debate over admission of guilt

Israeli Prime Minister Benjamin Netanyahu’s request for a pardon from President Isaac Herzog in his corruption case has sparked a new debate over whether the power of pardon can be used without an admission of guilt.

Netanyahu’s former lawyer, Micah Fettman, stated that under Israeli law, a pardon can only be granted to a person who admits their guilt. Fettman said, “A pardon is only given to the guilty; the law clearly states this.”

Former lawyer: Law requires admission of guilt

Fettman emphasized that it is extremely rare in Israel for a pardon to be granted before a trial concludes.

He pointed to the Bus 300 affair of 1984 as the closest precedent. In that incident, Shin Bet agents who killed two Palestinians were pardoned by then-President Chaim Herzog.

Fettman recalled that even in that case, the pardon was granted only after the agents admitted their guilt, and the High Court of Justice confirmed this admission as a precondition.

Fettman stated that it would be “impossible” for the attorney general’s office to support a pardon without Netanyahu admitting his guilt.

Presidency denies ‘conditional pardon’ claims

President Isaac Herzog’s office has denied media reports that it was preparing to offer Netanyahu a pardon deal on the condition that he “admits his guilt and withdraws from politics.”

The statement noted that Herzog has not yet addressed the matter and is awaiting a legal opinion first.

Israel’s Channel 12 had claimed that instead of outright rejecting the request, Herzog was considering an offer that included conditions such as withdrawing from politics.

It is estimated that the presidency’s response to the pardon request could take several weeks.

Varying reactions from politicians

While Netanyahu’s political rivals reacted negatively to the pardon request, former Prime Minister Naftali Bennett took a different position.

Bennett said he would support a pardon on the condition that Netanyahu withdraws from politics completely, stating that such a deal would “pull the country back from the brink of the abyss.”

Meanwhile, anti-Netanyahu protesters gathered in front of President Herzog’s residence in Tel Aviv, demanding that the pardon request be rejected.

Netanyahu continues to deny the charges

Prime Minister Netanyahu is on trial in three separate cases on charges of bribery, fraud, and breach of trust.

Netanyahu, who has described the trial that began in May 2020 as a “political coup attempt,” denies all charges.

The 111-page pardon application submitted to Herzog contains no statement of Netanyahu admitting guilt or expressing remorse.

In a video message he released, Netanyahu also argued that the indictment was “not legitimate.”