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Journalism of Courage
Benjamin Netanyahu, the longest-serving prime minister of Israel, announced on Wednesday (December 21) that he has secured a deal to form a new coalition government, which will mark his return to power as the head of the country’s new far right government.
In a video released on Twitter by Netanyahu’s office, the leader is seen informing Isaac Herzog, Israel’s president, about the formation of the coalition government. “I am informing you that I have been able to form a government that will act in the interest of all citizens of Israel,” Netanyahu said, according to a report published by The New York Times on Wednesday.
The announcement came after weeks of negotiations among the six parties of the Netanyahu-led coalition, which won the most seats in the parliamentary elections held on November 1.
Netanyahu, who served as prime minister between 1996-1999 and 2009-2021, faces allegations of corruption that he has been fighting in court since May 2020. The allegations first surfaced in 2016 when the Israeli police began investigating him for potential charges of fraud, bribery and breach of trust. Two years later, the police formally recommended that he be prosecuted.
In November 2019, Netanyahu was indicted but didn’t resign because under Israeli law, a prime minister is under no obligation to stand down unless convicted. He has denied all the allegations and portrayed himself as a victim of a deep conspiracy.
The ongoing trial was originally expected to last a year or more but has been delayed a number of times for various reasons, including the outbreak of the coronavirus pandemic, In February 2020, the judge in the case tested positive for Covid-19, according to The NYT report.
Although Netanyahu has promised to not interfere in the proceedings of the trial after becoming prime minister, analysts fear that his allies might change laws to legalise some of the crimes allegedly committed by him, and curtail the powers of the attorney general, who oversees his prosecution, The NYT report said.
The cases against Netanyahu
The corruption trial against the leader consists of the so-called Case 1000, Case 2000, and Case 4000.
* Case 1000 pertains to the charge of fraud and breach of trust for gifts worth over $280,000 that Netanyahu and his wife Sara received from Oscar-nominated Israeli-American Hollywood producer Arnon Milchan (‘L.A. Confidential’, ‘The Revenant’, ‘Birdman’, ’12 Years a Slave’, ‘Mr & Mrs Smith’, ‘Fight Club’) and Australian businessman James Packer (the son of Kerry Packer, the founder of World Series Cricket), in return for political favours between 2007 and 2016.
Netanyahu hasn’t denied accepting these gifts. His defence maintains that it is acceptable to receive gifts from friends.
* Case 2000 is about a charge of fraud and breach of trust for a deal that Netanyahu struck before the 2015 elections with Arnon ‘Noni’ Mozes, owner of the Hebrew-language Yedioth Ahronoth, Israel’s largest selling daily newspaper, for favourable coverage in return for legislation to damage the rival daily newspaper Israel Hayom. This deal was never finalised.
* Case 4000 constitutes the most serious charges against Netanyahu, of bribery, fraud and breach of trust. Netanyahu is alleged to have granted regulatory favours worth over $500 million to Israel’s largest telecommunications company Bezeq Telecom between 2012-2017, in return for favourable coverage.
Alongside being prime minister, Netanyahu served as Israel’s communications minister for some time. In this case, Netanyahu’s defence maintains that favourable coverage doesn’t qualify as bribery. The alleged quid pro quo was brought to light for the first time in 2015 in an investigation published by the Israeli newspaper Haaretz.
Possible influence on trial
According to analysts, Israel’s right wing for a long time has seen the judiciary as an obtrusive and left-leaning hindrance to its legislative agenda, the Associated Press reported on November 29. The new coalition is expected to make far-reaching legal changes that would drastically weaken the judicial system and might lead to Netanyahu’s exoneration.
One of the proposed changes is passing a law that would postpone the prosecution of a sitting prime minister for alleged crimes until he leaves office. It has come to be known as the ‘French law’ because in France, sitting presidents can’t be prosecuted. However, unlike France, Israel doesn’t have any term limits, and the new law might shield Netanyahu from conviction for the foreseeable future.
Another likely change is the removal of the criminal offence of fraud and breach of trust — the key charges against Netanyahu in his on-going trial — from the penal code. Netanyahu’s allies have claimed that these crimes are poorly defined, and put lawmakers at risk of unfair prosecution, the AP report said.
The new coalition government is also likely to divide the post of attorney general into three separate jobs, while ensuring that at least two of the positions are political appointments, the AP report said. As of now, the attorney general is nominated by the government and must get approval from a professional committee that comprises former justice officials and others.
Giving some of the powers of the highest law officer in the country to political appointees could help Netanyahu stop the trial.
However, the biggest change that has been proposed is to enable lawmakers to override some of the rulings by the Supreme Court. Although this doesn’t directly impact Netanyahu’s trial, it can disrupt the power balance between the legislature and judiciary.
