High Court rejects petition demanding PM recuse himself during testimony in trial
Justices say petition lacked ‘factual basis’ for claim Netanyahu won’t be able to fulfill his duties while testifying, suggesting it was filed for political reasons
The High Court of Justice on Wednesday rejected a petition demanding that Prime Minister Benjamin Netanyahu be forced to recuse himself from his post as he testifies in his corruption trial next week, after both the prime minister and the attorney general argued for the petition’s dismissal.
The petition was led by a group of lawyers who sought to force Netanyahu’s removal from office for the duration of his testimony in court, which is expected to last several weeks. He will likely need to testify several days a week unless other arrangements are approved.
Asked to respond to the petition earlier this week, Netanyahu argued that according to law and past court decisions, the prime minister can serve in his position until convicted, and said the option of recusal was irrelevant under the current circumstances.
Attorney General Gali Baharav-Miara also argued that the court should reject the petition.
In the court’s response to the petition, High Court Justice Ruth Ronnen acknowledged that while the long hours Netanyahu will spend on the witness stand would “make things difficult,” it was not reason enough to conclude that he would be “prevented from functioning as prime minister” during his trial.
According to the Ynet news outlet, Ronnen posited that “the petitioners did not lay a factual basis that establishes grounds for determining that during his testimony on the witness stand, Netanyahu will be prevented from performing his duties as prime minister, and even less so regarding the hours between the hearings, when the respondent will not be in court and will not be testifying.”
Meanwhile, High Court Justice Alex Stein argued that the petition was political in nature rather than judicial.
“Knowing that a prime minister can and may serve in his position in the shadow of criminal proceedings — proceedings that will include the testimony of a defendant who chooses to testify in his defense — the petitioners’ claim that he is ‘incapacitated’ falls apart,” wrote Stein.
“The petitioners complain about the reduced time in which the prime minister can devote all his energy to fulfilling his crucial and complex duties, but this argument is not a legal one,” Stein asserted, “it is clearly a political one.”
Netanyahu has been charged with fraud and breach of trust in two cases and with bribery, fraud, and breach of trust in a third. He was indicted in January 2020, and a trial encompassing all three cases began in May of that year at the Jerusalem District Court.
His time in court testifying in his corruption trial will begin on December 10, having been pushed back from December 2 after the court partially accepted a request by defense lawyers for a delay, over concerns that they would not be able to prepare for the landmark appearance in time due to Netanyahu’s intense schedule as he deals with the wars Israel is fighting in Gaza and other fronts.
Also due to the war, the testimony will take place in an underground courtroom in Tel Aviv because the Jerusalem courtroom was deemed not secure enough. Media outlets have submitted a request to broadcast it live.
The Kan public broadcaster, meanwhile, reported that Netanyahu had asked the Jerusalem District Court on Wednesday to reduce his expected testimony in his corruption trial from three times a week to twice a week, citing his busy schedule due to security meetings and the need for communication with officials abroad.
He also asked not to testify on consecutive days and to push back his start time each day to 10 a.m.
According to Channel 12, he also asked to finish each day no later than 3 p.m.
In the request, the premier also said he would like to speak with the judges behind closed doors before he begins testifying, Kan reported. No reason was offered.
Netanyahu has consistently denied any wrongdoing and has claimed without evidence that the charges are fabricated in a witch hunt led by the police and state prosecution.
The trial has faced criticism over the slow pace of proceedings. As things stand, the proceedings, including potential appeals, have been seen as unlikely to end before 2028-2029.
