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Haaretz: Herzog Delays Pardon Decision for Netanyahu, Calls for Mediation First

Israeli President Isaac Herzog announced Sunday that he will postpone any decision on whether to grant Prime Minister Benjamin Netanyahu a pardon in his ongoing criminal corruption cases, urging that mediation efforts between Netanyahu and the state be fully "exhausted" before any presidential action is taken.

According to Haaretz, Herzog stated that a negotiated agreement between Netanyahu and the state represents the "proper and correct solution," and called on all parties to first pursue "a process that could lead to the formulation of a settlement between the parties, outside the court." He added that "efforts to reach such an agreement are an essential part of attempting to bring the sides to a consensus."

The New York Times had first reported on Saturday that Herzog did not plan to issue a ruling imminently, citing two senior Israeli officials familiar with the matter. Herzog's Sunday statement appeared to confirm that assessment.

Netanyahu formally submitted his pardon request to President Herzog last year, becoming an unusual case in Israeli legal history. As reported by Haaretz, Netanyahu has not admitted guilt nor expressed remorse in his request, and his legal team argues the president holds the authority to grant a pardon even prior to a conviction or sentencing — a position that departs from Israel's traditional pardon process, which applies to defendants already convicted and sentenced.

Netanyahu faces three criminal charges — bribery, fraud, and breach of trust — across three separate cases. His trial has been ongoing since May 2020. His pardon request also seeks to halt the active criminal proceedings, a procedure that carries no established legal basis, according to Haaretz.

Herzog's delay reflects a deepening impasse. Both the Justice Ministry's Pardons Department and Attorney General Gali Baharav-Miara have advised against granting the pardon on the basis of the current request, according to Haaretz. Proceeding against those legal recommendations would have risked intervention by the High Court of Justice and potential damage to the presidency as an institution.

Haaretz also reported earlier this year that Herzog had previously attempted twice to quietly promote mediation between Netanyahu and the attorney general — efforts that would have effectively ended the criminal proceedings — and had recently asked Baharav-Miara to allow Netanyahu to delay or slow his court testimony.

Far-right Heritage Minister Amichai Eliyahu (Otzma Yehudit) last month submitted his opinion to Herzog in support of the pardon, accepting Netanyahu's argument that a pardon would "allow the rift in the nation to be healed," as quoted by Haaretz. Eliyahu took over the role from Justice Minister Yariv Levin, who recused himself due to his close relationship with Netanyahu.

Speaking to Haaretz before the official pardon letter was submitted, Herzog said: "Maybe it's time, as part of easing internal tensions, to also address Netanyahu's case." He stressed, however, that he is "not Netanyahu's servant" and has "no understandings with him."

Photo: Haaretz