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What happened: Benjamin Netanyahu’s criminal trial for bribery, fraud and breach of trust will begin on 17 March at 15:00 at the District Court in Jerusalem.

• Last week, the court announced the three judges who will preside over the case –  Justice Rivkah Friedman-Feldman, alongside judges Moshe Bar-Am and Oded Shaham.
• The Attorney General announced his final recommendation to indict Netanyahu on 21 November. Netanyahu then asked the Knesset to grant him immunity from prosecution but he withdrew his request on 28 January after it became clear he did not enough support. The Attorney General then filed the indictments against Netanyahu at the Jerusalem District Court.
• Netanyahu last night challenged Blue and White leader Benny Gantz to a televised debate, perhaps to reset the news agenda. Netanyahu has avoided such a leaders debate for the last 20 years.
• Responding to the trial date announcement last night, Gantz said it was “a sad evening for Israel and its citizens.” He said a prime minister “must be fully devoted to the important matters of state. He must not be distracted, must be focused, devoid of any other interests….Netanyahu will be occupied only with himself. He will not be able to care for the people of Israel.” Netanyahu responded: “You know what will be a sad day? If a Benny Gantz government dependent on Ahmad Tibi is formed… We won’t let that happen.”

 

Context:

• This is the first time in Israel’s 71-year history that a sitting prime minister has been indicted. Olmert resigned before being indicted by the Attorney General, but was eventually found guilty and served two-thirds of a 27-month prison sentence.
• Netanyahu’s trial will begin two weeks after the election, during the period where either Netanyahu or rival Benny Gantz will be in the process of trying to form a government.
• According to Channel 12 News, Attorney General Mandelblit is expected to inform the High Court of Justice that he believes Netanyahu can legally form a government despite having been indicted.
• According to Anshel Pfeffer in Haaretz, the trial announcement: “Could change the political dynamics – probably not the voting intentions, but the calculations of the MKs.”  He argues, there is no way Blue and White can form a unity government with Netanyahu. Furthermore, even the loyal support of the Ultra-Orthodox parties may wane if faced with the prospect of the formation of a centre-left secular government or a fourth election.
• In “Case 1,000” Netanyahu is charged with fraud and breach of trust and is alleged to have received illegal gifts from businessman Arnon Milchan, worth up to £300,000, in return for allegedly acting in Milchan’s interest in a deal to sell an Israeli TV Channel (Channel 10) as well as allegedly helping him get a US visa, after Milchan’s was rescinded. Netanyahu is also alleged to have pursued a deal linked to Indian businessman Ratan Tata, who was Milchan’s business partner, and allegedly supported a law to extend tax breaks given to Israelis returning to live in the country after ten years (such as Milchan).
• In “Case 2,000” Netanyahu is charged with fraud and breach of trust and is alleged to have worked on a deal with Yediot Ahronot owner Arnon “Noni” Mozes to get better media coverage by offering to restrict circulation of rival newspaper Israel Hayom, which is financed by US-based Netanyahu supporter Sheldon Adelson. The indictment said that Netanyahu and Mozes “recognised that the one had the ability to promote the other’s interest” in the run-up to the 2015 elections and discussed such possibilities. Netanyahu claims he was not serious about the agreement and never intended to implement the deal.
• In “Case 4,000” Netanyahu is charged with bribery, fraud and breach of trust and is alleged to have promoted regulatory decisions that benefited Shaul Elovitch, the controlling shareholder in the Bezeq telecom giant, in exchange for positive coverage from the Elovitch-owned Walla news site. The indictment says the relationship between Netanyahu and Elovitch was “based on give and take,” and the Prime Minister’s actions benefiting Elovitch netted the businessman benefits to the tune of some NIS 1.8 billion ($500 million) in the period 2012-2017. In exchange, Elovitch’s Walla news site “published your political messages that you wished to convey to the public.”
• The lead judge Rivka Friedman-Feldman, is a Jerusalemite, a graduate of the Horev religious high school, who formerly worked in the State Attorney’s Office. She was also one of the judges that sentenced former Prime Minister Olmert. The second judge, Oded Shaham, presided over the trial of Likud MK Tzahi Hanegbi, ( a close confidant of Netanyahu)  in the political appointments affair, he held the minority opinion that the charges should not be dropped. Hanegbi’s primary argument was – abuse of process. A defence that Netanyahu’s lawyers are also considering.

Looking ahead:

• On March 16, the newly elected members of the 23rd Knesset will be sworn in and the next day, a serving Israeli prime minister will go on trial for the first time.

• If the Likud are able to form a right wing government after the election, senior Likud ministers have suggested Netanyahu will propose a so-called “French law,” which will prevent him from being prosecuted as long as he is prime minister. Yediot Ahronot quoted a senior Likud minister saying last night: “He’ll do anything so as not to meet the judges. Victory will mean that he’ll do everything to avoid being prosecuted.”
• But the trial date coming so soon after the election places Netanyahu’s legal predicament at the centre of coalition negotiations and potentially hastens his departure from frontline politics if another political stalemate occurs.
• Guy Peleg, the legal analyst on Channel 12 News explained that even the trial date is not set in stone. The court can show flexibility, with the defence within its rights to request a delay. For example, the trial could be delayed as the court has not yet answered Netanyahu’s request regarding the funding of his defence team.