Israeli Supreme Court: Netanyahu may form government

Israel’s Supreme Court ruled Wednesday that Prime Minister Benjamin Netanyahu may form a fresh government while under indictment for corruption charges, clearing just how for him and his rival-turned-uneasy ally to join together in a controversial power-sharing deal.

The unanimous decision, released right before midnight, ended a 17-month political stalemate and prevented the country from plunging right into a fourth consecutive election in just over a year. Netanyahu and his rival-turned-partner, Benny Gantz, said they expected their coalition to be sworn into office next week.

After battling to three inconclusive elections in the last year, Netanyahu and Gantz, a former military chief, announced their “emergency” government last month, saying they would reserve their rivalry to steer the united states through the coronavirus crisis.

Critics and good-government groups said the offer was illegal and challenged it in the Supreme Court. They argued that regulations should bar the official charged with serious crimes from continuing as prime minister. In addition they objected to the newly created position of “alternate prime minister,” a post that could allow Netanyahu to stay in office throughout his corruption trial and a potential appeals process.

Over two days this week, the court viewed two questions: whether an indicted politician could be given authority to create a new government, and whether the power-sharing deal - which includes new legislation - was legal.

In its decision, the 11-judge panel expressed misgivings about the coalition agreement and Netanyahu’s criminal indictment, but found no grounds to avoid the government from taking office.

“We didn't find any legal reason to avoid MK [Member of Knesset] Netanyahu from forming a government,” the court said.

“The legal conclusion we reached will not diminish the severe nature of the pending charges against MK Netanyahu for violations of moral integrity and the issue produced from the tenure of a prime minister accused of criminal activity,” it added.

The judges ruled that as the coalition deal presents significant legal difficulties, the court would not interfere in its contents following changes submitted by Netanyahu and Gantz.

Netanyahu has been indicted with fraud, breach of trust and accepting bribes in some scandals involving trading favors with wealthy media moguls. His trial is set to begin later this month.

Netanyahu denies any wrongdoing, and since his indictment last fall, he has repeatedly lashed out at the country’s legal system. He and his political allies have taken special aim at the high court, accusing it of overreach and political interference.

As the court was meeting earlier this week, Netanyahu urged it never to get involved in political affairs, lest it risk dragging the country toward new elections. The long-time leader’s opponents consider the court a bastion of democracy under dangerous assault and had expressed hope it would strike down what they see as a deal that undermines the public’s faith in government.

Eliad Shraga, a legal professional representing among the petitioners against the coalition deal, expressed disappointment but said he'd respect your choice. “We will continue to improve the flag of morality,” he told Channel 12 news.

With the court hurdle cleared, Netanyahu and Gantz must complete two more procedural steps before they can proceed with their deal: pass the legislation had a need to pave the way for his or her convoluted coalition agreement and amass the signatures of 61 lawmakers - a parliamentary majority - in favor of Netanyahu as prime minister-designate to be delivered to Israel’s ceremonial president by a midnight Thursday deadline.

With more than a majority of the Knesset’s support, including from Gantz’ party, both steps appear to be easily attainable.

Throughout three bruising campaigns, Gantz repeatedly vowed never to sit down in a government with Netanyahu. And after March elections, a narrow most lawmakers endorsed him as prime minister. Gantz started preparing legislation that could have banned Netanyahu from continuing as prime minister.

But in a sudden about face, Gantz accepted an invitation to create a partnership with Netanyahu to confront the coronavirus crisis, infuriating a lot of his supporters and leading to his Blue and White party to split in half.

Last month, both sides decided on a coalition deal which makes both men equal partners, with virtual veto power over each other’s decisions. Due to the unorthodox arrangement, the Knesset must pass new legislation before they take office.

Beneath the deal, Netanyahu and Gantz will be sworn in together, with Netanyahu serving first as prime minister and Gantz as the designated premier. After 1 . 5 years, both are to swap positions. The brand new position will enjoy all of the trappings of the prime minister, including the official residence and, key for Netanyahu, an exemption from a law that will require public officials who aren't prime minister to resign if charged with a crime.

Netanyahu is eager to stay in office throughout his trial, using his position to lash out at the judicial system and rally support among his base. The coalition deal also gives him influence over key judicial appointments, creating a potential conflict of interest during an appeals process if he's convicted. His trial was postponed in March due to restrictions his hand-picked interim justice minister put on the courts following the coronavirus crisis erupted and is scheduled to commence later this month.

The court said Netanyahu would have to follow a conflict of interest arrangement while prime minister whenever working with law enforcement affairs.

Under the deal, the sides agreed not to take immediate action on key appointments and prioritize legislation focusing on reviving Israel’s economy from the coronavirus crisis.

Nonetheless it makes an exception for Netanyahu to press ahead with plans to annex large elements of the West Bank, including all of Israel’s a large number of settlements there. Netanyahu is permitted to push the problem through parliament after July 1, even without Gantz’s support.

Netanyahu and his hardline supporters are wanting to annex the territory while the friendly administration of U.S. President Donald Trump is in office. The Palestinians and most of the international community oppose annexation and say it would end any lingering hopes of a peace deal.