fbpx

Day 1 of Prime Minister Benjamin Netanyahu’s Trial: Scary Times

[additional-authors]
May 24, 2020
WASHINGTON, DC – JANUARY 28: Israeli Prime Minister Benjamin Netanyahu attends a press conference with U.S. President Donald Trump in the East Room of the White House on January 28, 2020 in Washington, DC. President Trump is expected to release details of his administration’s long-awaited Middle East peace plan to resolve the Israeli-Palestinian conflict. (Photo by Alex Wong/Getty Images)

1. On May 24, history was made in Israel. A sitting prime minister is being tried on corruption charges. Benjamin Netanyahu will sit in court, facing the three justices who will determine his fate — and Israel’s future. But it will take a long time. The May 24 court session was about how long it might take, and not much more than that.

The story of the investigation into Netanyahu and his indictment is long and, by now, quite boring. Three cases, two for breach of trust, one for bribery; state witnesses who worked under Netanyahu; controversial legal precedents; gifts changing hands; meetings with media moguls; shady deals that did or didn’t materialize; preoccupation with media coverage.

The story, as told by prosecutors and supported by undisputed facts, paints a picture of a greedy, obsessive, petty prime minister. But Netanyahu isn’t on trial for being unkind or cheap or paranoid.

Two questions must be considered as Netanyahu defends his reputation, his job and his freedom. A guilty verdict for bribery will send him to prison. First, is there a way to interpret his actions as legal? Second, should he be given the benefit of the doubt because he is the prime minister? Or should he should be judged more harshly because he is the prime minister?

If the answer to the first question is no — and many of Netanyahu’s critics believe that it is indeed no — then the result should be clear: guilty.

If the answer to the first question is yes, then the result becomes a question of legal and political ideology: Should holders of public office be judged more harshly than the general public? Can the justices consider the implications for the public if the prime minister is found guilty?

These are not easy questions to answer. Law, politics and ideology come into play. And because it’s quite difficult to envision a clear-cut verdict that convinces everybody that Netanyahu is guilty or not, the debate isn’t going to end. The debate is an integral part of the trial.

Should holders of public office be judged more harshly than the general public?

2. It is easy to be angry over Netanyahu’s irresponsible incitement against the legal system. As prime minister, he has the responsibility to make sure that the law and its officers are respected by Israelis. He has to ensure that no matter what happens to him personally, the country keeps moving forward. And to move forward, it needs to preserve the rule of law.

It’s also easy to understand Netanyahu’s hard-nosed tactic. According to him, he’s standing trial for political reasons. He believes that a clique within the legal system colluded to remove him from office. He doesn’t think that the clique made an explicit decision to oust him from office but he does believe that their ideological biases against him made them vigilant when looking for any evidence against him and then rigidly interpreted that evidence.

Netanyahu never will be convinced that his actions were illegal. But there is an important question concerning Netanyahu’s supporters. There is a question concerning the prosecution’s and the court’s ability to convince at least some doubters that Netanyahu’s actions justify the legal and political circus about to unfold. Can they make a strong enough case to peel away some of Netanyahu’s support and convince some of his political supporters that his actions were illegal?

This won’t be an easy task. A significant fraction of the Israeli public doesn’t consider the proceedings as Netanyahu’s trial; it considers this as the trial of the legal system. The charges: megalomania, overstepping authority, excessive use of legal force, pushing an ideological agenda. In fact — and there is a vast pool of evidence to prove it — what the public thinks about Netanyahu’s trial is generally analogous to what the public thinks about the legal system. Those who believe that it is a thorough, honest and trustworthy system tend to accept the need for Netanyahu to be prosecuted. Those who disdain the legal system’s motivation and professionalism tend to oppose Netanyahu’s prosecution.

3. Brace yourselves for a long process. The next hearing is slated for July, followed by a verdict and an appeal if Netanyahu is found guilty. Afterward, possibly, other legal and political maneuvers.

This is the end of the beginning — a new phase on a long road. And yet, history has been made. It’s a sad day to see the prime minister standing trial. It’s a reassuring day to see that even a prime minister must face the court. It’s a fascinating day, on which the best and the brightest face one another in battle. And yes, it’s also a scary day, on which mighty forces clash and we, the witnesses, should beware of the fallout.

Did you enjoy this article?
You'll love our roundtable.

Editor's Picks

Latest Articles

The Virtues of Fresh Salads

After weeks of holiday feasting and heavy meals, the new Jewish year is a perfect time to reset, to nourish our bodies with food that is wholesome and still tastes delicious.

On Oct. 7, Reflections on Remembrance

Even as we mourn everything we’ve lost, let us also remember the moments of hope and healing — moments that restore our faith in humanity’s promise.

The Other Shoe

I stood there in awe, my eyes blurring with tears, listening to the hush and experiencing the unnamed. I couldn’t tell which was stranger: feeling the rainforest in me, or me in the rainforest. And then my phone rang.

A New Graphic Novel Re-Presents the Bible

Following on the heels of his earlier presentations of the Passover Haggadah and the books of Esther and Jonah, Gorfinkel, known to his friends as “Gorf,” along with Israeli illustrator Yael Nathan and a team of specialized artists, have produced “The Koren Magerman Tanakh Graphic Novel: Bereshit Vol. 1,” which renders the first two Torah portions in Genesis, Bereshit and Noah, in dynamically engaging visual narrative form.

Flydubai Flight FZ1073 and the Indomitability of the Jews

FZ1073 has a message for the world. For the terrorists striving to take innumerable Israeli lives and make the survivors’ lives unbearable, the message is that your love of death will never diminish our love of life nor make us any less determined to defend it.

Achievement, Relationship, Purpose

A career becomes more rewarding when it supports rather than consumes the rest of life. Wealth becomes more meaningful when it creates security and enables generosity.

Oct. 7 Haunts the Campus

Students like me have come to understand that pro-Israel students being othered is the new campus normal. It shouldn’t be.

My Three Sons

I just completed a project I started in November 2023: taking each of my three sons on vacation separately.

Miracle at Fort Knox

More than half a century later, I remember the punishing hills, but I also remember the chaplain who saw a brother rather than merely a soldier, and a Jewish community that made a young man from Cherry Hill, New Jersey, feel at home.

Bass, Raman, Israel

Raman repeated her previously-stated opinion that the Israeli military’s efforts to protect its country’s people from terrorist attack constituted genocide. Bass said that it did not.

The Genocide Case Against Hamas

Was a single day’s attack, no matter how savage, too brief to qualify as genocide? It turns out that duration has never been the legal test.

The Match That Oct. 7 Struck

The war in Gaza may be in abeyance, but Islamist expansionist ideology has shown great gumption and forward movement. All the crazies have come out since October 7, 2023.

More news and opinions than at a Shabbat dinner, right in your inbox.