PM Netanyahu's former lawyer claims President Herzog can't issue pardon without admission of guilt

Micah Fettman, a former defense attorney for Prime Minister Benjamin Netanyahu, claimed in an interview with Channel 12 News that President Isaac Herzog will not be able to grant a pardon without an admission of guilt by Netanyahu. 

“A pardon is given to an offender – that’s what the law stipulates,” Fettman told Channel 12. 

Fettman said that according to Article 11B of the Basic Law: The President, a person must admit to the offense or at least acknowledge the facts in order to receive a pardon from the president. 

Netanyahu's request for a pardon is considered unusual because it was submitted before a verdict was given in his trial, and because it contained no admission of guilt. Netanyahu has repeatedly insisted that he will not request a pardon if that means an admission of guilt, and in his letter, he framed the request as being good for the nation, to reduce internal tensions. 

However, Fettman said that the law grants the president latitude for setting conditions for a pardon. Many analysts and opinion column writers in Israel believe that Herzog should set conditions, such as a withdrawal, even temporary, from politics. Netanyahu indicated that he has no intention of withdrawing from politics, believing he can win the next round of elections, which is scheduled for Fall 2026. 

Fettman noted that the closest legal precedent for Netanyahu’s pardon request comes from the case of the Shin Bet officers accused of killing Palestinian terrorists who hijacked a bus full of civilians in 1984.

In that case, known in Israel as the Bus 300 affair, a group of Shin Bet agents who were seen and photographed leading the living Palestinian terrorists off the bus later executed them, and then lied saying the terrorists had succumbed to injuries during the raid to free the bus. 

At that time, President Chaim Herzog, the father of current president, Isaac Herzog, granted a pardon to the Shin Bet officers - but only after they admitted to killing the terrorists. The officers and the Shin Bet chief were also required to retire from service as part of the pardon. 

Regarding the Line 300 case, Fettman noted, “In this case, almost all of the defendants admitted to the offenses; one defendant chose to admit to the facts and claim that he did not admit to the offenses.” 

However, Fettman said that “the Supreme Court examined this matter and explicitly stated that in the end, its opinion was that all those involved in the case admitted to the offenses. Without this, there can be no pardon.” 

“Even for reasons of security of the State of Israel and public benefit, a pardon is granted to a criminal, as the law states,” Fettman stated. 

Fettman said that Herzog could decide to impose a similar condition on Netanyahu as was given to the Shin Bet officers, although he admitted that negotiations for such a condition “have not yet begun.” 

The Jerusalem Post cited “sources close to Herzog” who stated that a decision regarding the pardon could take up to two months. In the meantime, the request has been transferred to the Justice Ministry’s Pardons Department. 

Sassi Gaz, an expert in criminal law, told Maariv that Netanyahu’s pardon request could be complicated by his decision not to admit guilt. He also said that he believes that Netanyahu has a strong case in Case 4000, known as the "Bezeq-Walla Affair," in which Netanyahu stands accused of attempting to arrange a quid pro quo deal with the Bezeq Group's controlling shareholder, Shaul Elovitch. 

According to the charges, Netanyahu attempted to garner favorable coverage from Walla in return for approving mergers and takeovers by the Bezeq Group. In June 2023, the justices in the trial recommended that the state withdraw the bribery charges in Case 4000; however, the State Attorney’s Office decided to continue with the charges. 

Gaz said he believes Netanyahu would likely prevail in Case 4000 if the trial continues. He also told Maariv that he believes Netanyahu’s decision to get involved is likely due to the strong support he received from U.S. President Donald Trump. 

Gaz also pointed to the Line 300 case, noting that the decision of the Supreme Court in that case appears to affirm the need for an admission of guilt or admission of facts. He noted that in the Line 300 case, the trial had not yet started, while in Netanyahu’s case, the trial is already in the cross-examination stage. He suggested that an attempt to pardon Netanyahu without an admission of guilt could lead to the involvement of the Supreme Court. 

Gaz said that in his opinion, Herzog is likely to make some kind of demand in order to grant the pardon, whether it comes in the form of admission of guilt to some of the charges, or an agreement to withdraw from political life. 

“There will be a demand from the president. Obviously, there will be a demand to take responsibility and admit a few things, if there will be a proceeding at all,” Gaz said. 

“In my opinion, whatever happens in the end – this process is the beginning of something,” Gaz stated.

“Negotiations will take place, I don't know if there will be or not, but it's clear that Netanyahu, in this process, can't get a pardon as it is.”