Herzog’s office sends Netanyahu pardon request back to Justice Ministry, seeking further clarification

Nava Freiberg is The Times of Israel's deputy diplomatic correspondent.

Prime Minister Benjamin Netanyahu (L) and President Isaac Herzog at an event for outstanding soldiers during Israel's 75th Independence Day celebrations, at the President's Residence in Jerusalem on April 26, 2023. (Yonatan Sindel/ Flash90/ File)
Prime Minister Benjamin Netanyahu (L) and President Isaac Herzog at an event for outstanding soldiers during Israel's 75th Independence Day celebrations, at the President's Residence in Jerusalem on April 26, 2023. (Yonatan Sindel/ Flash90/ File)

President Isaac Herzog’s legal adviser, Michal Tzuk, has requested “additional supplementary materials” from the Justice Ministry’s Pardons Department during the president’s examination of Prime Minister Benjamin Netanyahu’s request for a pardon in his corruption trial, according to a statement from Herzog’s office.

“The President’s Residence requested supplementary materials from the department regarding precedents in the exercise of the pardon authority prior to the conclusion of criminal proceedings, including in cases involving diplomatic gestures or hostage-release deals,” reads the statement.

“Despite the clear differences between the cases, the requested additions relate to the very exercise of the pardon authority during an ongoing legal process,” the statement continues, adding that “the request was made as part of completing the professional review prior to formulating a recommendation to President Isaac Herzog, and it should not be taken to indicate any position whatsoever regarding the request.”

“Following receipt of the requested responses, handling of the request will continue in accordance with established procedures,” Herzog’s office adds.

The Pardons Department completed a legal position paper on Netanyahu’s pardon request earlier this month, determining that it was highly problematic and unprecedented given the premier’s ongoing trial, lack of conviction, and absence of admission of guilt or remorse.

The department added that the request relies heavily on public interest arguments related to diplomacy and security that it said it was not equipped to assess, while warning that granting such a pardon could harm equality before the law.

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