Westminster Policy News & Legislative Analysis

Netanyahu asks Israel’s president for pardon in corruption trial

Prime Minister Benjamin Netanyahu has formally asked President Isaac Herzog for a pardon in his corruption trial, saying an end to proceedings would serve the national interest. The President’s Office described the submission as extraordinary and said it will be reviewed after obtaining opinions from the Ministry of Justice.

The application consists of two documents - a personal letter from Mr Netanyahu and a detailed memorandum from his lawyer, Amit Hadad - and has been transferred to the Justice Ministry’s Pardons Department for professional assessments before returning to the presidency for further legal advice. In a transparency step, the office released the papers in Hebrew.

In a video message, Mr Netanyahu argued that frequent court appearances constrain his ability to govern and that concluding the case would help reduce domestic tensions. He denies wrongdoing in three cases brought in 2019 and has pleaded not guilty to bribery, fraud and breach of trust, with hearings ongoing since 2020.

Clemency in Israel is grounded in Basic Law: The President of the State. Section 11(b) empowers the president to pardon offenders and to reduce or commute penalties; the provision sets out the power but does not specify procedural timing.

The timing question was tested in 1986 in Barzilai v Government of Israel, arising from the ‘Bus 300’ affair. The Supreme Court upheld President Chaim Herzog’s pre‑indictment pardons for Shin Bet officials, confirming that a pardon prior to conviction is legally possible in exceptional circumstances.

Policy remains markedly restrictive. Attorney‑General Guideline 4.4000 and established practice state that clemency is ordinarily considered only after criminal proceedings have concluded; pre‑conviction grants are reserved for rare and extreme cases.

Legal practitioners caution that a presidential grant would not, by itself, switch off an active trial. Former Justice Ministry director‑general Emi Palmor has said that ending hearings would require action from the attorney general; until such a step, court proceedings continue.

Opposition leaders argue that any clemency should be contingent on an admission of guilt, remorse and withdrawal from political life - conditions Mr Netanyahu rejects while maintaining his innocence. The debate underscores a long‑running contest over the rule‑of‑law standards applied to senior office‑holders.

The move follows public appeals from US President Donald Trump, who urged Mr Herzog to issue a full pardon and sent a letter earlier in November. The presidency acknowledged receipt and reiterated that clemency requires a formal application - a threshold now met by the prime minister’s submission.

A separate international track remains unchanged. The International Criminal Court’s Pre‑Trial Chamber issued arrest warrants for Mr Netanyahu and then defence minister Yoav Gallant on 21 November 2024; in July 2025 judges rejected Israel’s request to withdraw them, leaving the warrants in force.

No timetable has been announced for a presidential decision. Any grant typically involves the Justice Minister’s countersignature and is subject to highly limited judicial review, reflecting the constitutional design of the office and the caution shown in prior high‑profile cases.

For departments, courts and compliance teams, the planning assumption is unchanged: proceedings continue unless the attorney general moves to terminate the case and the president issues a formal instrument. Until then, the trial schedule stands.