Trump and the Netanyahu pardon crisis…a president who undermines the rule of law policy

In his direct way, US President Donald Trump surprised the audience in the Israeli Knesset when he went to Israeli President Isaac Herzog and asked him to pardon the Prime Minister, who is wanted by the International Criminal Court, Benjamin Netanyahu, who is being tried in Israel on corruption charges. He chose, according to what he said later, the appropriate timing and the ideal moment, after the Knesset hall exploded in applause for his speech and the speech of Netanyahu himself. But this demand sparked reactions and created contexts, some of which amounted to an attempt to enact a new law to restrict the judiciary’s dealings with Netanyahu and the cases in which he is accused. While ministers and members of the Knesset rushed to support this demand, other politicians and jurists stressed that the Israeli president must adhere to the principle of equality between citizens before the law and condition the pardon on withdrawal from political life.

Maariv’s judicial commentator Baruch Kara wrote, “Trump’s pardon gesture in the Knesset was a funny, tragic, and pathetic moment; an embarrassed president, an angry president, and a prime minister smiling as if everything was his. While the trial was postponed again due to ‘complaints’, and while the judges give up tiredly, the coalition after the return of the living kidnappers is more determined than ever.” “It’s been time to fight the rule of law.” He added, “The coalition members cheered enthusiastically, and the crowd in the stands chanted: ‘Bibi, Bibi.’” As for the one who was completely calm when hearing Trump’s words, it was the Prime Minister who stood indifferently, with a wide smile like a groom in his wedding dress, and bowed to President Trump for this touching gesture. Later, there were many hints that Netanyahu had suggested to Trump in advance that he would be happy with this gesture.

In fact, the Israeli press focused on this gesture by Trump, suggesting that it was arranged between Trump and Netanyahu, and perhaps against the desire of many others. It happened as a passing gesture: Trump said in his speech, directing his words to Israeli President Isaac Herzog and pointing to Netanyahu: “Mr. President, why don’t you grant him a pardon? He is one of the greatest wartime leaders. The issue is cigars and champagne? Who cares about that?” Those attending the Knesset session, led by its Speaker, Amir Ohana, violated all the rules of protocol, and exploded with thunderous applause and rhythmic chants of “Bibi! Bibi!”

Spontaneous addition

Twelve hours later, on his way back to Washington from Sharm El-Sheikh, Trump explained to reporters on his plane that this was not a spontaneous addition to the speech, but rather was the product of a dialogue that had taken place between him and Netanyahu previously. Trump said: “I told him (Netanyahu) that I did not want to raise the issue of pardon. But it was an ideal moment and the right timing. It was a bit risky, as it is a sensitive issue in Israel.”

In any case, this was not the first time that Trump raised the issue of pardoning Netanyahu. Last June, the US President launched an attack on Twitter against the charges against Netanyahu, which he claimed were ridiculous. Shortly thereafter, US Ambassador Mike Huckabee made a controversial visit to the court to reinforce Trump’s message. In the eyes of many, this was an expression of crude interference in the Israeli judicial system that is not acceptable even to a friend of Trump’s stature.

However, in the “perfect moment,” Trump re-presented the matter in a way that embarrassed Herzog and the entire Israeli political arena. Netanyahu’s supporters rushed to try to build on this call by working to pass a law that prevents the continuation of the trial of a prime minister or even restricts the performance of the judiciary in specific political and security cases. Others went on to warn Herzog of the consequences of falling into the traps, machinations, and deceptions of Netanyahu and his cronies in power. The latter said that this is an exploitative political and security move on the part of Netanyahu to serve his personal interests as a politician and as a criminal defendant, and that the considerations of the Israeli president, who has the power to pardon, should not be affected by Trump’s invitation, especially since the matter relates to the field of corruption, where politicians must be role models and role models.

The warnings come from politicians, thinkers and jurists, especially after Herzog made statements in recent days that some considered ambiguous, even disturbing. Just a few weeks ago in an interview with Army Radio, Herzog said, “Netanyahu’s trial is very stressful and exhausting for Israeli society. Of course, if there is any appeal or any action, I will involve the public and work transparently. The state’s interest comes first.” Also, in December 2024, after Netanyahu’s testimony began, Herzog said: “It is not a happy day to see the prime minister in court, and I think every citizen should feel that.”

Therefore, supporters of protecting the principles of the law demand preventing the issuance of a pardon before the court issues a conviction, or before there is a public admission of guilt on the part of Netanyahu, or the matter takes place within the arrangements for his withdrawal from political life.

Chapter on going too far

But Netanyahu’s supporters have a different opinion, and therefore they felt that Trump’s call opened a wide door to persistence in confronting the law, especially since Trump himself is not a supporter of adherence to the law.

Perhaps for this reason, the Speaker of the Knesset avoided inviting both the President of the Supreme Court and the government’s judicial advisor to attend Trump’s speech, which sparked a political uproar that also had meaning in the Israeli arena. Not inviting them expressed a governmental, party and parliamentary tendency to ignore the role and value of the law and keep public life in the hands of politicians and parliamentary legislation. This was demonstrated by the activities of Likud leaders after the speech as they rushed to support Netanyahu in his trial sessions.

In recent days, Minister Aidit Selman also prepared a letter inspired by President Trump’s speech, in which she asked President Herzog to “exercise his powers” to stop the Prime Minister’s trial. The letter began circulating among Likud ministers, asking them to sign it.

Likud representatives received an urgent invitation to come to the District Court, where a senior Likud official said, “Trump has expressed loudly what is on the minds of many. It is time for the legal system to listen. Netanyahu is not alone.” Ministers and Knesset members from the Likud Party attended to support the Prime Minister, including Communications Minister Shlomo Karei, Economy Minister Nir Barkat, Knesset Speaker Amir Ohana, Environmental Protection Minister Aidit Silman, Culture and Sports Minister Miki Zohar, MK Tali Gottlieb, and MK Nissim Fatori. MK Fattore explained the reason for his arrival, saying: “I came to strengthen the position of the Prime Minister.” Education Minister Yoav Kisch confirmed that the time has come to cancel the prime minister’s trial. He added: “We are going through one of the most sensitive and critical periods in the history of the State of Israel.”

Also, with the resumption of Netanyahu’s trial sessions, and after Trump’s call in the Knesset for the need to grant him a pardon, Justice Minister Yariv Levin issued a dramatic announcement aimed at canceling or suspending Netanyahu’s trial. Levin’s announcement promotes a bill previously presented by MK Ariel Kellner (from Likud), which aims to “allow the Prime Minister to allocate the time necessary to manage the affairs of the state,” that is, to allocate less time for the hearings in his trial, or practically to suspend the trial. In his announcement, Levin wrote: “Also this morning, instead of continuing the arduous struggle to return all the abductees who died, disarm Hamas, and expand the circle of peace, Prime Minister Benjamin Netanyahu was forced to appear in court and answer strange questions over champagne and cigars.”

According to a report published on the right-wing Channel 14 website, the purpose of the draft law in question is to suspend Netanyahu’s trial. The proposal, submitted in early September 2025, stipulates that the Minister of Defense would be able, in situations of emergency or war, to limit or reduce trial hearings, after appropriate consultation with the Minister of Justice, if there is a concern that this would harm the security of the state.

Eye on the elections

On the other hand, Netanyahu does not seem to want to leave the political arena, but there are many indications about his intention to run in the upcoming elections, the date of which he is seeking to advance. In this context, it was decided to hold elections for the Likud leadership on November 25, especially to renew Netanyahu’s leadership personally to lead the electoral battle and strengthen internal unity in preparation for early elections and with the hope of benefiting from the momentum of events.

With the war over and the government stable, at least in the near future, it appears that Prime Minister Netanyahu is now shifting all his weight toward canceling his trial. Through this, Netanyahu hopes to divert attention from the war and its results, and even from the official investigation committee demanded by the majority of the political arena and the forces of Israeli society. The right-wing position on the judiciary is well-known, and forces can be mobilized to confront it in defense of the leader or party and direction.

Lawyer Shashi Geis, one of Israel’s most prominent criminal lawyers and an expert in white-collar crimes, commented in an interview with the Maariv newspaper on the draft law promoted by Justice Minister Yariv Levin, which aims to suspend or cancel Netanyahu’s trial. Lawyer Jess said that he believes this is an impossible step, and it is a personal status law that may shake the judicial system in Israel and harm its standing in the world.

He added: “This is a planned campaign. I do not know how true it is, but a report was published stating that the President of the United States himself said that Bibi asked him to raise this issue in the Knesset, that is how I understood it. What happened is that the war ended, and suddenly the Prime Minister felt that the noose was tightening. And suddenly, a direct attack began, starting with President Trump, then the members of the Knesset who came to the court. And the timing, in my opinion, is not a coincidence. Levin is presenting what he is presenting, suddenly after he said “The Prime Minister wants to hold a trial. It shows you how afraid he is of being tried.”

Lawyer Jess concluded that he believes that the Prime Minister knows that his position in the corruption file known as Case 1000 is not good. On the other hand, the lawyer confirms that Netanyahu will be acquitted in the bribery case, and explains: “This is certain, and the judges have confirmed this with their votes. The situation is that in case 1000 only, in my professional opinion, he faces a problem. In the case known as the 2000 case, he can easily acquit himself. In case 4000, in the second bribery case, because he may face a problem related to breach of trust, and there is no clearer evidence of that than his behavior, which is He feels anxious himself.”