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Netanyahu Seeks Immunity From Israeli Corruption Charges Netanyahu Seeks Immunity From Israeli Corruption Charges
(about 3 hours later)
JERUSALEM — Fighting for his future, Prime Minister Benjamin Netanyahu of Israel on Wednesday said he was asking Parliament to grant him immunity from prosecution in three graft cases, a rare and contentious step that critics said violated the principle of equality before the law. JERUSALEM — Fighting for his future, Prime Minister Benjamin Netanyahu of Israel on Wednesday asked Parliament to grant him immunity from prosecution in three graft cases, a rare and contentious step that critics say violates the principle of equality before the law.
The immunity request is the latest twist in the political and legal drama that has paralyzed the Israeli government for nearly a year. It could delay for months the cases against Mr. Netanyahu, who faces a general election in two months. And if it is approved, immunity could keep him out of court for as long as he remains a member of Parliament. The immunity request is the latest twist in the political and legal drama that has paralyzed the Israeli government.
Long famed for his survival skills, Mr. Netanyahu is taking the risky move to fend off charges that imperil his legacy and could eventually land him in prison. But the effort also threatens to further polarize a divided nation and prolong the political deadlock that has left the country without a fully functioning government for nearly a year.
Submitted barely three hours before the legal deadline, the immunity request could delay for months the criminal cases against Mr. Netanyahu, who faces a general election in two months, the country’s third in less than a year. If it is approved, immunity could keep him out of court for as long as he remains a member of Parliament.
Mr. Netanyahu was indicted in November on charges of bribery, fraud and breach of trust. He has denied any wrongdoing.Mr. Netanyahu was indicted in November on charges of bribery, fraud and breach of trust. He has denied any wrongdoing.
He had kept the country guessing about his next move, apparently wary that an immunity request could endanger his re-election prospects and that of his conservative Likud party by fueling accusations of putting himself above the law. He had kept the country guessing about his next move, apparently wary that an immunity request could endanger his re-election prospects and that of his conservative Likud party by fueling accusations that he was putting himself above the law.
In an effort to limit the political damage, Mr. Netanyahu played down the impact of his immunity request. Delivering a statement that was broadcast live on television during prime time, he insisted it was a “temporary” measure that would be valid for only one term of Parliament. In an effort to limit the political damage, Mr. Netanyahu played down the impact of his request. Delivering a statement live on television during prime time, he insisted it was a “temporary” measure that would be valid for only one term of Parliament.
He said immunity was meant to prevent “political indictments whose purpose is to impair the will of the people,” adding, “Unfortunately, that’s what happened in my case.”He said immunity was meant to prevent “political indictments whose purpose is to impair the will of the people,” adding, “Unfortunately, that’s what happened in my case.”
Listing his achievements and promising more, he said, “I intend to continue to lead Israel for many years to come.” He also said he would ultimately disprove the allegations against him in court.
Mr. Netanyahu, Israel’s longest-serving prime minister, is running for a fourth consecutive term in an election set for March 2. The country has no limits on the number of terms a prime minister or lawmaker can serve.Mr. Netanyahu, Israel’s longest-serving prime minister, is running for a fourth consecutive term in an election set for March 2. The country has no limits on the number of terms a prime minister or lawmaker can serve.
The election will be Israel’s third in a year. The campaign, largely focused on Mr. Netanyahu’s fate, was already expected to be divisive, and the immunity request may deepen national fissures over values and the nature of Israeli democracy. The campaign, largely focused on Mr. Netanyahu’s fate, was already expected to be divisive. Two earlier elections, in April and September 2019, ended inconclusively, with neither Mr. Netanyahu nor his chief opponent, Benny Gantz, of the centrist Blue and White party, able to muster the majority needed to form a viable government.
Two earlier elections, in April and September, ended inconclusively, with neither Mr. Netanyahu, nor his chief opponent, Benny Gantz, of the centrist Blue and White party, able to muster the majority needed to form a viable government.
“I never imagined we would see the day when a prime minister of Israel would avoid standing before the law and the courts,” Mr. Gantz said in a televised statement immediately after Mr. Netanyahu’s announcement.“I never imagined we would see the day when a prime minister of Israel would avoid standing before the law and the courts,” Mr. Gantz said in a televised statement immediately after Mr. Netanyahu’s announcement.
“Today it is clear what we are fighting for. Netanyahu knows he’s guilty,” Mr. Gantz said, adding that the choice was between “immunity before all else or the citizens of Israel before all else; between the kingdom of Netanyahu or the state of Israel.” “Today it is clear what we are fighting for,” Mr. Gantz said. “Netanyahu knows he’s guilty.” He said the choice was between “immunity before all else or the citizens of Israel before all else; between the kingdom of Netanyahu or the state of Israel.”
Mr. Netanyahu is accused of trading official favors worth hundreds of millions of dollars to Israeli media moguls for illicit gifts of cigars, champagne and jewelry, as well as positive news coverage. Mr. Netanyahu is accused of trading official favors worth hundreds of millions of dollars to Israeli media moguls for illicit gifts of cigars, champagne and jewelry, as well as positive news coverage. He has long argued that the criminal investigations against him are the result of a witch hunt led by elitist forces trying to oust him through “fake news” in the liberal media and through the courts.
Clinging to the premiership — from which analysts say he is better positioned to fight his legal battle — Mr. Netanyahu has long argued that the criminal investigations against him are the result of a witch hunt led by leftist, elitist forces trying to oust him through “fake news” in the liberal media and through the courts. The charges have dented Mr. Netanyahu’s aura of invincibility, but he has bounced back before. In the 2006 general election, he led Likud to a disastrous result, with the party winning only 12 seats in the 120-seat Parliament. Mr. Netanyahu returned Likud to power just three years later, though, and he has remained in office ever since. In July he surpassed Israel’s founding leader, David Ben-Gurion, as the country’s longest-serving premier.
But Mr. Netanyahu had zigzagged on the question of immunity, aware of its unpopularity and the pitfalls of appearing to evade justice. He dismissed the idea before the April election, to avoid handing the opposition damaging campaign fodder. But this week, as the deadline for his request approached, he declared that immunity was a “foundation stone of democracy.” Mr. Netanyahu had zigzagged for months on the question of immunity, aware of its unpopularity and the pitfalls of appearing to evade justice. He dismissed the idea before the April election, to avoid handing the opposition damaging campaign fodder. But this week, as the deadline for his request approached, he declared that immunity was a “foundation stone of democracy.”
Many countries, including Israel, have immunity laws to protect lawmakers’ freedom of action and speech in the course of their parliamentary duties.Many countries, including Israel, have immunity laws to protect lawmakers’ freedom of action and speech in the course of their parliamentary duties.
In Israel, a lawmaker can also seek immunity, under certain circumstances, for alleged crimes not committed in the line of parliamentary duty, for as long as the accused is a member of Parliament. The circumstances listed in the law include an indictment that is not drafted in good faith or is discriminatory, to protect lawmakers from politically motivated prosecution. In Israel, a lawmaker can also seek immunity, under certain circumstances, for alleged crimes not committed in the line of parliamentary duty for as long as the accused is a member of Parliament. The circumstances listed in the law include an indictment that is not drafted in good faith or is discriminatory, to protect lawmakers from politically motivated prosecution.
Miki Zohar, Likud’s chief whip, said this week that Mr. Netanyahu was the victim of persecution on ideological grounds, and Mr. Netanyahu appears to have been laying the groundwork for such an argument with his assertions of a witch hunt. Miki Zohar, Likud’s chief whip, said this week that Mr. Netanyahu was the victim of persecution on ideological grounds, and that he appeared to have laid the groundwork for such an argument with his assertions of a witch hunt.
Immunity that defends a lawmaker’s freedom of speech is indeed “a constitutional institution that is very important,” said Suzie Navot, a professor of constitutional law at the Striks School of Law near Tel Aviv. “But that is not the kind of immunity that Netanyahu is talking about.”Immunity that defends a lawmaker’s freedom of speech is indeed “a constitutional institution that is very important,” said Suzie Navot, a professor of constitutional law at the Striks School of Law near Tel Aviv. “But that is not the kind of immunity that Netanyahu is talking about.”
Under Israel’s immunity law, which was amended in 2005, lawmakers no longer have automatic immunity but must seek it from a parliamentary body known as a House Committee, whose decision must then be ratified by a simple majority in Parliament.Under Israel’s immunity law, which was amended in 2005, lawmakers no longer have automatic immunity but must seek it from a parliamentary body known as a House Committee, whose decision must then be ratified by a simple majority in Parliament.
The current, caretaker government has not formed a House Committee, and there may not be one to discuss a request by Mr. Netanyahu for weeks or months after the March election, until a new government can be formed. Court proceedings against Mr. Netanyahu would be frozen until any immunity request could be heard.The current, caretaker government has not formed a House Committee, and there may not be one to discuss a request by Mr. Netanyahu for weeks or months after the March election, until a new government can be formed. Court proceedings against Mr. Netanyahu would be frozen until any immunity request could be heard.
It is not clear if Mr. Netanyahu would have a parliamentary majority to grant him immunity. Avigdor Liberman, leader of the right-wing Israel Beiteinu party that used to be allied with Mr. Netanyahu’s Likud, and whose votes Mr. Netanyahu would need, said on Wednesday night that he would not support Mr. Netanyahu’s bid for immunity. It is not clear whether Mr. Netanyahu could secure a parliamentary majority to grant him immunity. Avigdor Liberman, leader of the right-wing Israel Beiteinu party that used to be allied with Mr. Netanyahu’s Likud, and whose votes Mr. Netanyahu would need, said on Wednesday night that he would not support Mr. Netanyahu’s bid for immunity.
Ms. Navot, the constitutional law expert, said the parliamentary process of granting immunity is quasi-judicial, requiring evidence to back up the arguments of the person requesting it, and takes place under judicial review.Ms. Navot, the constitutional law expert, said the parliamentary process of granting immunity is quasi-judicial, requiring evidence to back up the arguments of the person requesting it, and takes place under judicial review.
It would be very hard to prove that the law enforcement authorities acted in bad faith in the Netanyahu cases, she said, especially given the caution that Attorney General Avichai Mandelblit, who indicted the prime minister, showed in handling them. Mr. Mandelblit was appointed by Mr. Netanyahu. It would be hard to prove that law enforcement authorities acted in bad faith in the Netanyahu cases, she said, given the caution that Attorney General Avichai Mandelblit had shown in handling the indictment. Mr. Mandelblit was appointed by Mr. Netanyahu.
Granting Mr. Netanyahu immunity, Ms. Navot said, would be “a fatal blow to the rule of law and equality before the law.”Granting Mr. Netanyahu immunity, Ms. Navot said, would be “a fatal blow to the rule of law and equality before the law.”
No lawmaker or minister has been granted immunity since the law was amended in 2005. After Mr. Liberman was charged in 2012, as foreign minister, with fraud and breach of trust in an episode involving the promotion of an ambassador, he resigned. He was later acquitted in court and returned to his post.No lawmaker or minister has been granted immunity since the law was amended in 2005. After Mr. Liberman was charged in 2012, as foreign minister, with fraud and breach of trust in an episode involving the promotion of an ambassador, he resigned. He was later acquitted in court and returned to his post.
A former prime minister, Ehud Olmert, resigned in 2008, under pressure from rivals within his own government, even before he was indicted on corruption charges. He was ultimately convicted and went to prison.A former prime minister, Ehud Olmert, resigned in 2008, under pressure from rivals within his own government, even before he was indicted on corruption charges. He was ultimately convicted and went to prison.
On Tuesday, Israel’s Supreme Court held a preliminary hearing on whether a prime ministerial candidate charged with serious crimes can even be tapped to form a new government. The hearing was in response to a petition filed by dozens of members of Israel’s high-tech industry and academia. On Tuesday, Israel’s Supreme Court held a preliminary hearing on whether a prime ministerial candidate charged with serious crimes can even be tapped to form a new government. The hearing came in response to a petition filed by dozens of members of Israel’s high-tech industry and academia.
The court delayed issuing any ruling, even on whether it would take the case, suggesting that judges might weigh in only if the question becomes less hypothetical after the election. The timing is delicate: Any ruling could potentially be seen as interfering in an election campaign, and the judges are already under pressure from conservative forces that are fighting to curb the court’s influence. The court delayed issuing any ruling, even on whether it would take the case, suggesting that the judges might weigh in only if the question becomes less hypothetical after the election.
The timing is delicate: Any ruling could potentially be seen as interfering in an election campaign, and the judges are already under pressure from conservative forces that are fighting to curb the court’s influence.
In a video released Monday night, Mr. Netanyahu warned the court not to fall into what he called a political trap laid by people trying to foil his candidacy. “In a democracy,” he said, “the people are the only ones who decide who leads the people, and nobody else.”In a video released Monday night, Mr. Netanyahu warned the court not to fall into what he called a political trap laid by people trying to foil his candidacy. “In a democracy,” he said, “the people are the only ones who decide who leads the people, and nobody else.”