Netanyahu submits 'extraordinary' pardon request to President Herzog which does not apologize or admit guilt

Prime Minister Benjamin Netanyahu on Sunday submitted a formal request for pardon in the corruption case he is currently on trial for to President Isaac Herzog, the President's Office announced. 

Contrary to what many thought would be necessary, the pardon request does not include an admission of guilt in the charges against him. 

“My personal interest is to conduct the trial, but the public interest dictates otherwise," Netanyahu explained in the letter. 

In fact, in the letter submitted by Netanyahu to Herzog, even the word “pardon” does not appear. 

“In recent years, tensions and disputes have increased between parts of the people and between the various state authorities,” Netanyahu wrote. “I am aware that the process being conducted in my case has become a focus for fierce debates.” 

“I bear broad public and ethical responsibility, with an understanding of the implications of all the events,” he continued, in the closest statement to an admission of culpability, without directly admitting any wrongdoing. 

“Therefore, and despite my personal interest in conducting the trial and proving my innocence until I am fully acquitted, I believe that the public interest dictates otherwise," Netanyahu wrote. “Out of my public responsibility as Prime Minister to try to bring about reconciliation between the parts of the people, I have no doubt that the conclusion of the trial will help to reduce the intensity of the flames in the debate that has arisen around it.” 

“In the face of the security challenges and political opportunities that the State of Israel currently faces, I am committed to doing everything in my power to heal the rifts, to achieve unity in the people and to restore trust in the state's systems, and I expect all branches of the state to do the same,” he concluded. 

As part of the request, two documents were submitted to the president – the letter from Netanyahu, and an official request signed by his lawyers. Sources in the Prime Minister's Office clarified to Hebrew media, “There is no admission of facts or guilt in it.” Only the letter of Netanyahu’s lawyers contains the word “pardon.” 

Professor Yoram Rabin, President of the College of Management and former legal advisor to the State Comptroller's Office, told Channel 12 News that, contrary to popular belief, the person requesting pardon is not required to admit guilt. 

"There is nothing in the law that forces a person to confess and accept responsibility in exchange for a pardon," Professor Rabin said. 

Rabin also explained that there is a strong legal precedent in tying the request for pardon to an exit from political life, however, there is no legal requirement to do so. Previously, the idea of a pardon for Netanyahu had been discussed on the basis of a commitment by the prime minister to retire from the world of politics. 

In the case of Netanyahu, this seems highly unlikely, given his interest in bringing about an expansion of the Abraham Accords before he finishes his time in the nation’s highest office. 

Around the same time as the letter was being sent to the president’s office, Netanyahu released a video to the Israeli public, explaining his decision, focusing on the deep political and social divisions within the people. 

“Citizens of Israel, almost a decade has passed since the investigations against me began,” Netanyahu said in the video. “The trial against me has lasted 6 years and is expected to last for many more years. The State of Israel faces enormous challenges and, alongside them, enormous opportunities. In order to repel the threats and realize the opportunities, national unity is required.” 

“The continuation of the trial is tearing us apart from within, stirring up fierce divisions, intensifying rifts,” Netanyahu stated. “I am certain, like many others in the nation, that an immediate end to the trial will help to lower the flames and promote the broad national reconciliation that our country so badly needs.” 

Netanyahu also referred to the recent decision of the court, requiring him to testify three times per week as an “impossible demand.” 

“This is an impossible demand that is not required of any other citizen in Israel,” Netanyahu claimed. 

Netanyahu also referenced U.S. President Donald Trump’s recent appeal to Herzog, asking for him to be pardoned. Trump has compared the investigations against Netanyahu to the several investigations against himself on several occasions, even calling them a “witch hunt.” 

“He called for the trial to end so that I could, together with him, more vigorously promote vital interests shared by Israel and the United States in a window of time that is unlikely to return," the prime minister said. 

The letter from Netanyahu’s lawyers also mentioned the unique situation of the nation at the present. 

"Your acquiescence to this request will enable the prime minister to devote his full time, abilities and energies to advancing the State of Israel in these critical times, and to dealing with the challenges and opportunities that lie ahead of it," Netanyahu’s lawyers wrote. 

Herzog’s office noted that the request "is an unusual request for a pardon with significant implications. After receiving the entire opinion, the President of the State will consider it responsibly and seriously.”