Five years into a legal and media campaign designed to prove to the public that Benjamin Netanyahu is guilty of three serious corruption cases, the mountain has turned out to be a molehill. Attorney General Avichai Mendelblit and his mentor, former Chief Justice Aharon Barak are trying to run from the trial with their tails between their legs, agreeing to remove the bribery charge from Case 4,000 and completely remove Case 2,000 from the indictment.
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It seems that instead of three serious corruption cases, we are left with a judiciary that is trying to exploit Netanyahu's fear that he has no chance of getting a fair trial to blackmail him into admitting to breach of trust - an amorphous, blanket charge that allows the judiciary to grab the political system by the throat.
Several senior Israeli jurists have already admitted that there is no way for Netanyahu to be completely exonerated, even if he were to prove his innocence. This is why we must first and foremost respect Netanyahu's decisions with respect to the handling of his defense – whatever they may be – given the fact that he and his family have been the subject of unprecedented persecution for the past three decades.
However, there are several key reasons why Netanyahu should not pursue a plea bargain.
First, anyone who thinks that a plea deal would end the turmoil that has plagued us for the past few years and promote the process of healing in Israeli society is wrong.
The hatred for Netanyahu is the main agenda of a significant part of the legal and media elite and they will not leave him alone. Weakness in the face of blackmail only invites more bullying and not only will a plea deal not promote healing, it will do the opposite: even a partial and minor admission will prove that given enough pressure even Netanyahu caves in. This will be the opening shot for cases 5,000 and 6,000, only this time it will be difficult for Netanyahu to say that there is nothing to it as he was just blackmailed into admitting "something."
Bullying can meet only one response: an iron wall.
Moreover, Netanyahu's trial has become the trial of the justiciary. Barak has all but admitted that he supports the deal because the trial could undermine his life's work, namely the judicial revolution. Every day in which the trial plays out in court reveals not only that the indictment is unfounded, but also the transgressions by the police and the prosecutors.
Netanyahu is required to make a sacrifice that precedes the rule of any law in order to allow us to rebuild democracy.
Never has Netanyahu enjoyed the kind of popularity and approval ratings as he has over the past few years. This is because millions of right-wing voters understand that Netanyahu is taking a hit for them.
For many, he has already made history by being considered to be the greatest prime minister since David Ben-Gurion, but his steadfast resolve vis-à-vis the legal and media witch hunt could be his greatest achievement. It is heroic perseverance that makes him not only a historic prime minister but a first-rate leader in the chronicles of the Jewish people.
On the other hand, there is enormous damage in Netanyahu admitting to something he did not do. An admission by Netanyahu, as meager as it may be in relation to the original allegations and even when it is clear that it stems from extortion, will sentence Netanyahu to a historic disgrace, and that is a stain he will find very difficult to remove.
Last, but not least, there is the political reason why the opposition leader should not agree to a plea deal: the latter will lead to Netanyahu's exit from politics, but if he keeps fighting, there is a high probability that he will return to the Prime Minister's Office within a few years.
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