Lawfare against Netanyahu has gotten to the point of this indictment:
Israeli Prime Minister Benjamin Netanyahu has been indicted on charges of bribery, fraud and breach of trust, Attorney General Avichai Mandelblit announced Thursday, prolonging the country’s political uncertainty as it looks set to head into its third national election in a year.
Netanyahu, who has denied any wrongdoing and said he is the victim of a “witch hunt,” faces up to 10 years in prison if convicted of bribery and a maximum 3-year term for fraud and breach of trust, according to legal experts.
“I give my life to this state, I fought for it, I was wounded for it. I have to say this is a very hard day,” Netanyahu said in a nationally televised address on Thursday night. “I think you need to be blind to see that something wrong is going on. This is a political coup.”
If it sounds familiar, that’s because it is. The main differences between what’s happening to Trump in the US and what’s happening to Netanyahu in Israel (besides the details) is that in the US the process is being handled by the correct mechanism for removing a president, impeachment (even though it’s being undertaken in a partisan and unfair manner), and in Israel the removal is being attempted through the court system.
In the US, although a president can be sued civilly while in office – a SCOTUS decision with which I have always disagreed – he or she cannot be criminally indicted. So although a US president can be impeached by the House and convicted by the Senate, a single unelected prosecutor cannot charge him through the court system.
It turns out that is true in Israel as well; an Israeli PM has immunity from prosecution. No Israeli PM has ever been criminally charged before. But the prosecutor in the Netanyahu case is asking that the Knesset waive Netanyahu’s immunity:
Mandelblit will now ask the Knesset to waive Netanyahu’s immunity, a process which can take 30 days.
Frequently, indicted MKs waive their immunity sooner, but Netanyahu has been trying to delay any impact on his power from the indictment process and may try to draw out the process longer.
This seems wrong to me, because it open up any Israeli PM to a politically vengeful indictment.
As for the charges against Netanyahu, although this article by Alan Dershowitz is from last March, it explains them quite well [emphasis mine]:
The first charge relates to the receipt of gifts — cigars, Champagne, jewelry and other items often gifted by friends to friends. If Netanyahu received a dozen cigars and bottles of Champagne and a few pair of cuff links from a friend who asked him to do the kind of favor politicians are often asked to do for constituents, no one would accuse him of a crime. But because the prosecutor believes he took too many of such items — the value, it’s said, comes to hundreds of thousands of dollars — he is being prosecuted.
But how much is too much for purposes of criminalizing gifts and favors? Where is the precise line one must willfully cross to make such gifts a crime? There is no written law or regulation that expressly states how much is too much…
No one in a democracy should have to guess where the line is that separates questionable actions from crimes. Netanyahu is being charged with guessing wrong.
The second and third charges share a fundamental flaw in that they seek to criminalize normal political behavior: Efforts by politicians to secure fair or positive media coverage, or minimize negative coverage, in exchange for particular votes or actions.
Netanyahu is being charged with accepting (or discussing accepting) the “bribe” of better coverage. But if seeking, accepting or expecting better media coverage were an element of crime, there would not be enough prisons in Israel or any other democracy to house the number of politicians who voted a certain way or who did certain favors with the expectation that it would improve their coverage by the media…
The larger point is that Israel has vague, elastic and open-ended criminal laws that can be stretched to target political opponents. So does the United States. In our country, such laws include obstruction of justice, conspiracy and witness tampering, as we have seen in the ongoing investigations of President Trump. In Israel, these include breach of trust and bribery — the crimes with which Netanyahu is being charged.
the precedents the attorney general is establishing will lie around like a loaded gun, ready to be picked up and misused for partisan advantage in future cases. Weaponizing accordion-like criminal statutes in the context of partisan politics threatens democracy, the rule of law, and in the case of the Netanyahu charges, the freedom of the press.
A fundamental question in any democracy is whether a single individual — in this case an appointed attorney general — should be empowered to make decisions that may thwart the will of the voters.
It’s an easy question for me to answer, and the answer is NO.
[ADDENDUM:I found the cursory of treatment of immunity and Knesset waiver in that article rather odd. It seemed as though a fuller explanation of the mechanism should have been offered, but there was just that brief mention without hardly any explanation at all.
So I decided to dig deeper just now, and I found that apparently the article misstated the situation, as best I can determine. In fact, the default position is not immunity from prosecution for a PM, but the Knesset can vote to grant immunity. Quite the opposite of the statement in the originally quoted article, which is somewhat puzzling.
That may explain why the charges have been filed at the present time. This is the situation and the timing, in more detail:
Netanyahu has 30 days – until December 22 – to ask the Knesset to grant him immunity from prosecution.
Under normal circumstances, when an MK is charged with a crime, the attorney-general must submit a copy of the indictment to the Knesset. Then the MK may go to the Knesset House Committee seeking immunity. At that point, the legal proceedings against the MK are frozen and Mandelblit cannot submit the indictment to the courts.
The House Committee would then vote, and if it grants the lawmaker immunity, it must go to a second vote in the plenum.
But these aren’t normal circumstances, and a vote on immunity for Netanyahu is unlikely to take place in the next six months, putting the prime minister’s trial on hold.
There have not been regular Knesset committees in almost a year, since the 20th Knesset was dissolved in December 2018. We’re now on the 22nd Knesset, and the election was over two months ago, but there still is neither an opposition nor a coalition to decide who heads which committees, and who sits on them.
More at the link.
So it appears that the prosecutor is taking advantage of the complete disarray of the Knesset due to the election results being so close that no one is in control. And it appears that the default position is no immunity for a PM. And it also appears that instead of waiting for a pending election, the prosecutor (one person) is going forward to try to finesse the upcoming election.]