Former Netanyahu lawyer says president cannot pardon PM without an admission of guilt

In an interview with Channel 12, attorney Micha Fettman – who previously represented Prime Minister Benjamin Netanyahu in his trial – says President Isaac Herzog cannot legally grant Netanyahu a pardon unless the prime minister admits guilt in his corruption cases.

“A pardon is given to an offender – that’s what the law stipulates,” Fettman says.

Fettman references the 1984 Bus 300 affair as a rare example of someone being pardoned before a trial, making it the closest precedent, but highlights that, in that case, the offenders acknowledged guilt before they were pardoned.

The 1984 Bus 300 affair revolved around an incident in which Shin Bet agents captured and executed a pair of Palestinians following their failed hijacking of an intercity bus that was carrying 41 Israelis, and later lied about what had happened.

The resulting uproar after the full story was uncovered led to resignations and a criminal probe, and then-president Chaim Herzog, father of the current president, issued presidential pardons before the case went to trial.

Even in the Bus 300 case, Fettman emphasizes, the High Court made clear that admissions of guilt were a prerequisite. He adds that “there’s no way on earth” the attorney general or the state prosecution would recommend that Herzog pardon Netanyahu without such an admission.

Historically, he further notes, the few cases in which presidents acted against Justice Ministry advice involved gravely ill individuals, not serving prime ministers.

Fettman’s comments come after Netanyahu submitted a sweeping 111-page pardon request to Herzog, along with a personal letter arguing that a pardon would allow him to devote his full attention to leading Israel “in these critical times,” and “would help mend rifts between different sectors of the public.” The prime minister did not admit guilt or express remorse, instead continuing to contest the charges and to argue that the process by which he was indicted was illegitimate.

Fettman, who resigned from the prime minister’s legal team five years ago, adds that if Netanyahu frames his pardon request as being “for the good of the country,” the president could conclude that Netanyahu himself must accept conditions to serve that goal – including potentially stepping aside from political life.

Earlier this month, Netanyahu insisted that he would not request a pardon for his corruption trial if it meant admitting guilt in the case.

Netanyahu is charged with one count of bribery, as well as three counts each of fraud and breach of trust, in three separate cases relating to corruption allegations against him. His trial began in 2020 and is still far from reaching an end. He denies any wrongdoing.