Pardon the Intrigue

Israeli president Yitzhak Herzog is conducting a high-stakes balancing act around Netanyahu’s request for clemency

Photo: Flash90
Herzog’s High-Stakes Balancing Act
W
aze can be quirky, and I was sure the navigation app was taking me on a convoluted route last week to get to the Gra Shul in Shaarei Chesed. However, Waze proved itself right when I realized I couldn’t make the turn I wanted, which would have taken me past the President’s Residence on Hanasi Street.
Police had closed that part of the block after demonstrators gathered to pressure the current occupant, Yitzhak Herzog, to decline Prime Minister Netanyahu’s request for a pardon on the charges he’s been standing trial for since May 2020.
Herzog is the only official authorized to pardon Netanyahu before a verdict is reached, but the process is lengthy and complex. The Ministry of Justice has a pardons department that gathers input from various sources before submitting its recommendations to the president’s legal team.
There is a precedent in Israel for a president issuing a pre-trial pardon. In 1986, President Chaim Herzog (father of the current president) pardoned the Shin Bet chief and four of his officers, who were accused of killing two Arab terrorists involved in hijacking a bus. Herzog believed that putting them on trial could harm national security.
Netanyahu argues that his ongoing trial also jeopardizes national security, because being in court three days a week keeps him from focusing on the many threats Israel faces.
If the Hanasi Street protesters had asked me, I would have advised them to stay home and avoid adding more congestion to Jerusalem traffic, which is already strained by infrastructure and housing projects. Herzog insists that public pressure — whether from the left, right, or even President Trump — will not influence his judgment. His press office issued a statement that his decision will come after considering “the best interests of the State of Israel and Israeli society.”
Herzog’s one-liner shows he aims for a middle ground, which is typical for him. Achieving this balance requires him to consider the prosecution’s position, which demands that Netanyahu enter a plea bargain arrangement in which he pleads guilty to lesser charges and retires from politics.
However, when Herzog claims that he can separate his decision from political considerations, it rings hollow. Many opinions and recommendations on the pardon from legal officials in various departments will land on Herzog’s desk in the next few weeks. All will be intertwined with political considerations. The opinion of Justice Minister Yariv Levin might be the only one that favors Bibi. If the majority opposes Bibi, Herzog still has the power to grant the pardon, but doing so would alienate his natural supporters in the center-left.
On the other hand, different motives might come into play. A Herzog pardon could counter-intuitively help the center-left. If the trial were to proceed and judges were to ultimately acquit Netanyahu, it would serve as a strong critique of police, prosecutorial, and attorney general overreach in an already troubled justice system, and it could accelerate calls for judicial reform, which the left wants to avoid at all costs.
Herzog is expected to make his decision in a few weeks.
Where’s the Peace?
After Netanyahu submitted his pardon paperwork, he contacted President Trump to ask for his support. Trump agreed, sharing a link to Bibi’s pardon request on his Truth Social account.
Trump does nothing for free. It’s clear he expects payback for his moral and verbal support, which could happen when Netanyahu visits Washington, D.C., later this month. So Trump keeps the pressure on. After warning Israel to “lay off” Syria, he told a White House press pool that the next phase of his Gaza peace plan is coming soon. He added: “We have peace in the Middle East. People don’t realize it.”
Most Israelis don’t realize it either. Jewish soldiers are fighting daily in Gaza and Lebanon. The IDF remains on high alert in Syria, faces threats from Iran, Iraq, and the Houthis, and keeps close watch on Egypt and Turkey.
We shouldn’t take Trump’s one-liners too seriously; he often uses press briefings to promote himself rather than to debate policy. Still, casual, counterfactual statements like “we have peace” harm the president’s credibility and make Israel seem like the aggressor when it takes military action it deems necessary.
Trump realizes that Netanyahu is vulnerable and has backed him into a corner, making Netanyahu’s political survival and chances for a pardon more dependent on Trump’s support. Bibi must be careful not to fall for Trump’s illusions and continue to put Israel’s security first. —
Who’s in Charge?
An Israel Democracy Institute survey asked Israelis who has more influence over security decisions related to Israel: the US or Israel? Nearly half of Israeli Jews, 45%, said the US does. Just 24% said the Israeli government does. Another 26.3% said both are equal; 4.7% said they didn’t know.
Dealing with Mamdani
I’ve been following our op-eds, articles, and readers’ discussions about how our communities should handle New York’s incoming mayor, Zohran Mamdani. Choosing the right approach is crucial, due to Mamdani’s conflicting political style: making inflammatory statements against Israel, then belatedly softening his rhetoric to gain Jewish support.
Our dilemma resembles Bibi’s; he faces criticism for interacting with Qatar, which spends billions undermining Israel while offering itself as a hostage negotiator and mediator. Ask Bibi, and he’ll say it’s an unavoidable part of the dirty business of politics. As a major player in the global energy market, Qatar is too influential to ignore. Its relationships with all regional actors make it indispensable.
Mamdani isn’t in the same league, but there’s no room for complacency. Influential organizations and think tanks, including the World Economic Forum, the Carnegie Endowment for International Peace, and the Rand Corporation, have noted that mayors are becoming key players in global political and economic affairs. An ambitious young politician like Mamdani will jump on this trend. If his star rises internationally, it will solidify his status in New York and nationwide.
Jewish New Yorkers should stay vigilant and hold Mamdani accountable to strict and consistent criteria, and not let him play games by setting double standards.
Europe’s Self-Erasure
The Trump administration’s just-released National Security Strategy states that Europe faces a “stark prospect of civilizational erasure” due to immigration, cratering birth rates, and loss of national identities: “Should present trends continue, the continent will be unrecognizable in 20 years or less. As such, it is far from obvious whether certain European countries will have economies and militaries strong enough to remain reliable allies.”
(Originally featured in Mishpacha, Issue 1090)
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