In a move that drastically shakes up Israeli politics less than six weeks before general elections, Attorney General Avichai Mandelblit decided Thursday that Prime Minister Benjamin Netanyahu will be charged with criminal wrongdoing in three separate cases against him, including bribery in the far-reaching Bezeq corruption probe, pending a hearing.
The decision marks the first time in Israel’s history that a serving prime minister has been told he faces criminal charges, and casts a heavy shadow over Netanyahu’s re-election campaign.
Netanyahu will be charged with fraud and breach of trust in Cases 1000 and 2000, and bribery in Case 4000.
“This is hugely significant — for the prime minister and for all of us,” said Suzie Navot, a professor of constitutional and parliamentary law. “This was an investigation conducted with caution, with restraint — some would say too much restraint, over too long. The evidence was checked and re-checked.” The attorney general knew full well how dramatic would be the political fallout, she said. “And yet the decision was taken to indict, in all three cases.”
Despite reported recommendations from the state attorney and police that the prime minister stand trial for bribery in all of the cases, Mandelblit opted for the lesser charge of fraud and breach of trust in two of the affairs.
Netanyahu is currently seeking reelection in the April 9 elections against an opposition invigorated by the entry into politics of ex-IDF chief of staff Benny Gantz.
Thursday’s announcement of the intention to indict the prime minister — who long argued that the decision should be postponed until after the vote so that it would not affect public opinion — places Netanyahu’s legal situation front and center in the campaign.
The decision to press charges, pending a hearing, in the criminal investigations against Netanyahu could have a game-changing impact on the elections, a Times of Israel poll published earlier Thursday showed. The ruling Likud party could lose both a significant chunk of support, as well as its ability to form a coalition after the vote, the survey, published overnight Wednesday-Thursday, indicated.
Netanyahu will be notified that he can request a hearing to contest the planned indictment, in a process that could take up to a year, during which time he is not legally obliged to step down. Israeli law only requires that a prime minister step down if convicted, but experts have suggested that Netanyahu could have a “problem” if he seeks to stay in office after a formal indictment is filed at the completion of a hearing process. Under law and High Court of Justice precedent, ministers other than the prime minister are required to step down in such a situation. There is no clear legal rule regarding the prime minister.
Thursday’s announcement came after a last-ditch attempt to prevent Mandelblit from announcing the charges. Netanyahu’s Likud party filed a petition with the High Court of Justice Thursday morning, seeking to stop the attorney general from publishing his decision, but the court rejected the plea on Thursday afternoon.
In Case 1000, involving accusations that Netanyahu received gifts and benefits from billionaire benefactors including Israeli-born Hollywood producer Arnon Milchan in exchange for favors, Mandelblit said he intends to charge Netanyahu with breach of trust — a somewhat murkily defined offense relating to an official violating the trust the public has placed in him. Milchan is not to be charged.
In Case 2000, involving accusations Netanyahu agreed with Yedioth Ahronoth newspaper publisher Arnon Mozes to weaken a rival daily in return for more favorable coverage from Yedioth, Mandelblit will seek to also charge the premier with breach of trust, while Mozes will be charged with bribery. The case is said to have been a contentious one in Mandelblit’s office, with many prosecution officials reportedly arguing that Netanyahu should be charged with bribery, while Mandelblit considered not charging the prime minister at all.
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In Case 4000, widely seen as the most serious against the premier, Netanyahu is accused of having advanced regulatory decisions that benefited Shaul Elovitch, the controlling shareholder in the Bezeq telecom giant, in exchange for positive coverage from the Elovitch-owned Walla news site. In that case Mandelblit announced he intends to charge both Netanyahu and Elovitch with bribery.
Mandelblit’s decision broke with the conclusions of State Prosecutor Shai Nitzan in several instances, by deciding to press lesser charges against some of the suspects, or to drop charges all together.
Netanyahu has denied any wrongdoing in all three cases, and has alleged that the investigations against him are a “witch hunt” involving the left, the media and the police relentlessly pressuring a “weak” attorney general.
After being notified of an impending indictment, suspects are usually provided with the full case materials against them. However, according to Justice Ministry sources, Netanyahu’s defense team asked that case files be withheld until after the April 9 elections, reasoning they could be used for political purposes and campaign propaganda.
Alan Dershowitz, a prominent American lawyer, came to Netanyahu’s defense earlier Thursday, publishing an open letter to Mandelblit in which he warned that an indictment against the prime minister ahead of elections would undermine the democratic process. “I’m very worried for freedom of the press and freedom of government in Israel if they start indicting people for trying to get good coverage from the media,” Dershowitz also told Army Radio, referencing Cases 2000 and 4000, which revolve around alleged illicit deals in which the prime minister allegedly offered favors in return for favorable media coverage. “I don’t know of any other country that has criminalized trying to get good coverage and make that a basis of bribery or any other corruption investigation.”
On Sunday, the State Comptroller’s Permits Committee rejected for the second time a request by Netanyahu to fund his legal defense in the three cases via payments from wealthy associates, including his cousin.
Ehud Olmert, the country’s first former premier to serve prison time, stepped down from office in 2008 during the investigation into him, but before the intention to file charges was announced. He served 16 months in prison on corruption offenses and was released in July 2017.
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