Prime Minister Benjamin
Netanyahu’s defiant response to the three indictments finally brought against him, on Thursday, would, under any circumstances, constitute a crisis for the rule of law in Israel. But Netanyahu’s defiance comes as the climax of a larger crisis for Israel’s democracy, which has been building at least since Netanyahu’s reëlection, in 2015. It places the country’s divided people on unknown and dangerous terrain. The indictments—for bribery, fraud, and breach of trust—are, Netanyahu insists, an attempted “coup” against him, conducted by the police, the state prosecutor’s office, and other judicial authorities—his version of the Trumpian claim that a “deep state” is attempting to overturn the will of the electorate. He seems intent on conducting a preëmptive countercoup using the office of Prime Minister, which he currently occupies only as the head of a transitional government, to appoint potential allies to key government positions, conduct escalatory military operations, collude with an increasingly desperate Donald Trump, and rally his followers against Israeli Arabs, whose parties he tars with the vague charge of “supporting terrorism.” Two close elections this year have not returned Netanyahu to the office, but they have not dislodged him either.
By law, an Israeli minister indicted for a criminal offense is required to resign. By precedent, a Prime Minister must: two already have, and not for crimes committed while in office. Yet Netanyahu seems determined not to relinquish power. “My sense of justice burns within me,” he said on Thursday evening, in a speech that was unprecedented in its pathos and its attacks on state prosecutors, including the Attorney General, Avichai Mandelblit, who had announced the indictments. “I cannot believe that the country I fought for and was wounded for, that I’ve brought to such achievements,” he said, will allow “this kind of tainted justice.” For the rule of law to prevail, he added, “we have to do one thing: to finally investigate the investigators,” which would entail the appointment of an “outside” commission of inquiry into the prosecution’s methods, as if the Attorney General, whom Netanyahu himself appointed, were somehow part of a secret conspiracy against him.
Yohanan Plesner, the director of the Israel Democracy Institute, has called for Netanyahu to resign, saying, “The head of government serving in office under the shadow of indictment harms the public’s trust in the country’s institutions and Israel’s character as a Jewish and democratic state.” The danger, though, is that the defenses of a “Jewish” state, for which Netanyahu claims to be indispensable, and those of a “democratic” state, which presume laws promoting individual sovereignty and equality, are not comfortably conjoined in a country where theocratic power and occupation have been increasingly normalized, at least since 1967. And it is especially difficult to see how surviving leaders of Netanyahu’s Likud Party will see democratic norms as paramount when their political positions depend on not seeing them. Netanyahu’s Justice Minister, Amir Ohana, said that he is “completely confident that the test of history” will vindicate Netanyahu’s remaining in office. The Tourism Minister, Yariv Levin—an attorney and a former deputy head of the Israel Bar Association—defended Netanyahu’s claim that the investigations were “tainted.”
Just twenty-four hours before Mandelblit announced the indictments, Benny Gantz, whose Blue and White Party won a plurality in Israel’s September election, informed President Reuven Rivlin that he had failed to form a governing coalition, which would have made him the next Prime Minister. Gantz blamed his failure primarily on Netanyahu’s determination to escape prosecution. Urged on by Avigdor Lieberman—the leader of the secular, right-wing Yisrael Beiteinu (“Israel, Our Home”) party, who holds the balance of power in the Knesset—Gantz had tried to form a “liberal, national-unity coalition” with Likud. This, Lieberman said, would be a center-right government without either religious “messianic” parties or Arab ones (a slight to Arab leaders, who mainly argue for democratic norms, not Arab-nationalist excesses). Gantz seemed ready to accede to Rivlin’s formula that Netanyahu should be Prime Minister first in such a unity government—with the proviso, to be legally guaranteed, that Gantz would become the acting Prime Minister should Netanyahu be indicted and forced to take a “leave of absence” to defend himself in court.
Netanyahu rejected even this formula, insisting that the Haredi and national-Orthodox parties should join him in a coalition—presumably in exchange for securing Netanyahu’s immunity from prosecution—and that Netanyahu should go first as Prime Minister. Neither condition was acceptable to Blue and White. Frustrated, Gantz quietly floated the idea of founding a minority government resting on the support—actually, the agreed parliamentary abstentions—of the Joint List, composed of parties representing Israel’s Arab citizens. Netanyahu declared, “If a minority government like this is formed, they will celebrate in Tehran, Ramallah, and Gaza the way they celebrate after every terror attack. This would be a historic national terror attack on the State of Israel.”
Source: The New Yorker