A legal opinion from the Pardons Department at the Israeli Ministry of Justice raises significant doubts about whether the President of Israel, Isaac Herzog, has the authority to grant a pardon to Prime Minister Benjamin Netanyahu.
According to a report by Channel 12 News, the document states that one of the central issues is Netanyahu’s lack of an admission of guilt as part of the pardon request.
The opinion states: “The absence of an admission on Netanyahu’s part is not a trivial matter. The accumulated experience of the Pardons Department in handling pardon requests over decades of activity shows that admission and pardon are intertwined."
It also noted that granting a pardon under the current circumstances could harm fundamental principles of the public system.
The document states: “In light of Mr. Netanyahu’s high status, such a significant violation of the principles of equality and separation of powers, the absence of a clear ruling on the question of guilt on the one hand, and the claims raised in the request regarding unusual and improper conduct by investigative authorities on the other-could severely damage public trust in both the institution of pardon and the presidency."
The opinion further warned that such a situation could deepen public divisions. According to the document, “It could also deepen the rifts and polarization between different parts of society in the state."
Earlier in the afternoon, Heritage Minister Amichai Eliyahu officially received the professional opinion of the Pardons Department regarding Netanyahu’s pardon request.
Minister Eliyahu is handling the issue after responsibility for the matter was transferred to him from Justice Minister Yariv Levin to avoid delays due to a conflict of interest.
In a strongly worded statement, Eliyahu criticized Attorney General Gali Baharav-Miara and claimed that she had tried to exert pressure to delay the transfer of the materials.
“An initial review of the materials reveals a clear picture. Contrary to the attorney general’s briefings, according to which ‘this is not a pardon request at all,’ the professional opinion explicitly determines that a proper pardon request is indeed before us, requiring my continued handling before the President of the State," Eliyahu said.
Following receipt of the professional framework, Eliyahu announced that he had begun a series of in-depth consultations with relevant officials in order to formulate his final and reasoned position. This is considered a critical stage, as the minister’s recommendation is the final step before the request is transferred to President Herzog for a decision.