High Court Hears Petitions to Bar Netanyahu and Coalition Deal

The High Court began a two-day hearing on Sunday against Prime Minister Binyamin Netanyahu forming a government while facing criminal indictments.

The proceedings, held by an exceptionally large panel of 11 justices and in a rare instance also broadcast live, are focusing on the issue of whether a politician can form a government while under indictment. Israeli law says that a prime minister under indictment is not obligated to step down until a final conviction.

If the court voids Netanyahu’s ability to serve as prime minister, Israel could be plunged into political chaos, and it would likely trigger the country’s fourth consecutive election in just over 12 months. A ruling is expected to be announced by Thursday.

The High Court has become a lightning rod for criticism by Netanyahu and his political allies, who accuse it of overreach and political interference, while Netanyahu’s opponents consider it a bastion of democracy under dangerous assault.

Pro-democracy demonstrators have been taking to the streets weekly to protest Netanyahu’s continued rule. Last week, counterprotesters against the court demonstrated against its hearing the petitions against Netanyahu’s rule.

In an exceptional move, Sunday’s hearing was broadcast live on the high court’s website while most of the country remains under coronavirus movement restrictions. The judges, attorneys and clerks wore face masks, and plastic barriers separated each of the 11 justices on the bench.

Netanyahu was indicted earlier this year on charges of accepting bribes, fraud and breach of trust. He has denied any wrongdoing. His trial was postponed due to restrictions Justice Minister Amir Ohana placed on the courts after the coronavirus crisis erupted and is scheduled to commence on May 24.

Last week, Attorney General Avichai Mandelblit said in an opinion to the court that while Netanyahu’s indictments “raise significant problems,” there was no legal basis for barring him from serving while facing criminal charges.

Israeli law mandates that Cabinet ministers and mayors resign if indicted, but prime ministers are not required to step down. In January the High Court declined to rule on whether Netanyahu could form a government under indictment, saying the matter remained “theoretical” ahead of March’s elections.

On Monday, the court will address petitions concerning Netanyahu’s power-sharing coalition deal with his main rival, former IDF chief Benny Gantz.

Netanyahu and Gantz signed the agreement to form a national government last month after Israel’s third consecutive election in just over a year. The deal would have Netanyahu serve the first 18 months as prime minister, after which Gantz would assume power for the next 18 months.

The petitions against Netanyahu were filed by advocacy groups that have asked the High Court to ban any indicted politician, including Netanyahu, from being allowed to form a new government. They also say that parts of the coalition deal are illegal.