This article is from the source 'washpo' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.washingtonpost.com/world/middle_east/israel-high-court-allows-netanyahu-to-form-a-government-despite-indictment/2020/05/07/82dd0dde-901e-11ea-9322-a29e75effc93_story.html?utm_source=rss&utm_medium=referral&utm_campaign=wp_world

The article has changed 6 times. There is an RSS feed of changes available.

Version 0 Version 1
Israel High Court allows Netanyahu to form a government despite indictment Israel’s High Court allows Netanyahu to form a government despite indictment
(about 4 hours later)
JERUSALEM — The Israeli Supreme Court ruled late Wednesday that Prime Minister Benjamin Netanyahu can form a new government and begin his fifth term despite being under indictment for bribery and other corruption charges. JERUSALEM — The Israeli Supreme Court ruled late Wednesday that Prime Minister Benjamin Netanyahu can form a new government and begin his fifth term despite his indictment on bribery and other corruption charges.
The justices also cleared the way for Netanyahu and his former rival, Benny Gantz, to join in a unity coalition in which they would each take turns in the top job. The justices also cleared the way for Netanyahu and his former rival, Benny Gantz, to form a unity coalition in which they would each take turns in the top job.
The High Court of Justice also unanimously struck down a series of legal petitions against the coalition. The two leaders said they planned for the government to end more than a year of political limbo to be sworn in next week. In the unanimous ruling released just before midnight, the High Court of Justice struck down a series of legal challenges and paved the way for Israel’s first government in more than a year. The two leaders immediately said they planned for the coalition to be sworn in next week.
In a marathon hearing earlier this week, an expanded panel of 11 high court judges heard arguments against Netanyahu’s right to form a government after being indicted last November in three criminal cases and on the legalities of parts of the deal reached between Netanyahu’s ruling Likud party and Gantz’s Blue and White faction to form a government. In a marathon hearing earlier this week, an expanded panel of 11 High Court judges heard arguments against Netanyahu’s right to form a government after being indicted last November in three criminal cases and, separately, challenges to parts of an accord between Netanyahu’s ruling Likud party and Gantz’s Blue and White faction.
The court, in a unanimous ruling, said such charges against a member of the Knesset, Israel’s parliament, “does not prevent tasking him with forming a government and leading it.” The court, in a unanimous ruling, said that even the filing of criminal charges against a member of the Knesset, Israel’s parliament, “does not prevent tasking him with forming a government and leading it.”
The court also refused to upend the complex coalition deal signed by Netanyahu and Gantz April 20 after weeks of difficult negotiations, calling the arrangement a political matter “at the heart of the democratic process.” The justices also refused to upend the complex coalition deal signed by Netanyahu and Gantz on April 20 after weeks of difficult negotiations, calling the arrangement a political matter “at the heart of the democratic process.”
“External intervention poses a serious violation of the principle of democracy that underlies our system of government,” wrote the judges in their decision. “External intervention poses a serious violation of the principle of democracy that underlies our system of government,” the judges wrote in their decision.
In marathon hearing, Israel’s top court debates Netanyahu’s fate, legalities of his coalitionIn marathon hearing, Israel’s top court debates Netanyahu’s fate, legalities of his coalition
Gantz, a former military chief of staff, went head to head with Netanyahu through three rounds of inconclusive national voting over the past year. Following the March 2 election that again left neither leader with a path to a majority, Gantz reversed his pledge to never join forces with Netanyahu, saying the coronavirus virus emergency made it imperative to form Israel’s first government since autumn of 2018. Gantz, a former military chief of staff, went head to head with Netanyahu through three rounds of inconclusive national voting over the past year. Following the March 2 election that again left neither leader with a path to a majority, Gantz reversed his pledge to never join forces with Netanyahu, saying the coronavirus emergency made it imperative to form Israel’s first government since autumn 2018.
On Wednesday night, hours before the court made its ruling, the two leaders met to hammer out last minute details of their agreement even as the Knesset voted to approve the unprecedented governing structure. Netanyahu will serve the first 18-month as prime minister, followed by an 18-month term for Gantz. Each will act as the others deputy prime minister. The two will share equal veto powers in many government decisions. On Wednesday night, hours before the court made its ruling, the two leaders met to hammer out last details of their agreement even as the Knesset prepared to amend the Basic Law, Israel’s equivalent of a constitution, to allow for the unprecedented governing structure. Netanyahu will serve the first 18 months as prime minister, followed by an 18-month term for Gantz. Each will act as the other’s deputy prime minister. The two will share equal veto powers in many government decisions.
The High Court’s marathon session on Sunday and Monday sparked debate over its authority to interfere in the decisions of recently elected officials to enter into a governing agreement with the controversial prime minister at its center.The High Court’s marathon session on Sunday and Monday sparked debate over its authority to interfere in the decisions of recently elected officials to enter into a governing agreement with the controversial prime minister at its center.
Netanyahu’s critics said allowing him to remain in power while facing charges of bribery, fraud and breach of trust would have a corrosive effect on the country’s adherence to the rule of law. Netanyahu’s critics said that allowing him to remain in power while facing charges of bribery, fraud and breach of trust would have a corrosive effect on the country’s adherence to the rule of law.
But others argued that a substantial plurality of voters have continued to support Netanyahu and barring him from office before the legal process against him played out would amount to nullifying the will of the electorate. But others argued that a substantial plurality of voters continued to support Netanyahu and that barring him from office before the legal process against him played out would amount to nullifying the will of the electorate.
Even Attorney General Avichai Mandelblit, who oversaw the investigation and indictments against Netanyahu, advised the court that charges alone should not keep Netanyahu from forming a government. Israeli law allows a prime minister to serve through a trial and until appeals are exhausted, he said.Even Attorney General Avichai Mandelblit, who oversaw the investigation and indictments against Netanyahu, advised the court that charges alone should not keep Netanyahu from forming a government. Israeli law allows a prime minister to serve through a trial and until appeals are exhausted, he said.
The court, while expressing unease over Netanyahu’s alleged “violations of moral integrity,” said it could find no legal basis to keep him from office.The court, while expressing unease over Netanyahu’s alleged “violations of moral integrity,” said it could find no legal basis to keep him from office.
The ruling also acknowledged potential legal shortcomings of the collation plan, but said changes to the agreement submitted by the parties at the last-minute were sufficient to prevent the court from interfering. The ruling also acknowledged potential legal shortcomings of the collation plan but said changes to the agreement submitted by the parties at the last minute were sufficient to prevent the court from interfering.
Coronavirus restrictions led to the proceedings being aired live on television for the first time, the 11 judges wearing face masks and separated by plexiglass screens. The court left open the possibility that it could revisit some parts of the governing plan, including the future makeup of the committee that nominates judges and the appointment of prosecutors and police officials. Those areas could present a direct conflict of interest to Netanyahu as the criminal procedure against him progresses.
“These issues are not ripe yet,” said Suzie Navot, a professor of constitutional law at the Haim Striks Law School. “The court essentially said when it happens, come back to us if there is a problem.”
But overall, the court’s green light means that Israel may finally emerge from an unprecedented period of political stalemate that has left government budgets and initiatives frozen amid an endless rancorous campaign season. While the relations between the rival parties are expected to be tense at best, some observers predicted that the coalition is large enough to give it stability.
“They will have a great majority in the Knesset, making it easy for them to pass laws,” said Aviv Bushinsky, a political commentator and former Netanyahu staffer. “That will bring some calmness to Israeli politics.”
Some calmness would be welcome to beleaguered Israelis, even as they marveled that, once again, the government would be led by the provocative prime minister whom many had written off as impossibly tainted.
“Netanyahu is a magician,” said Bushinsky. “It is a combination of luck and political skills.”
Israeli leaders agree to form unity government with Netanyahu remaining prime minister for nowIsraeli leaders agree to form unity government with Netanyahu remaining prime minister for now
Analysis: Israel nears a point of no returnAnalysis: Israel nears a point of no return
Today’s coverage from Post correspondents around the worldToday’s coverage from Post correspondents around the world
Like Washington Post World on Facebook and stay updated on foreign newsLike Washington Post World on Facebook and stay updated on foreign news