Netanyahu’s Lawyers Discuss a Plea Bargain to End His Graft Trial – The New York Times

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Benjamin Netanyahu, Israel’s former prime minister, has pleaded not guilty in a corruption case. But his lawyers are negotiating a deal in which he might accept some charges to avoid jail time.
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JERUSALEM — The lawyers of Benjamin Netanyahu, the Israeli former prime minister, are in negotiations with state prosecutors to reach a plea bargain in his long-running corruption case, according to a spokesman for the Israeli Justice Ministry and two people involved in the negotiations.
The talks are expected to finish by the end of the month and, if successful, would help conclude a legal process that contributed to years of political instability in Israel and, ultimately, to the end last June of Mr. Netanyahu’s record tenure as prime minister.
The proposed bargain includes Mr. Netanyahu’s admitting to some of the charges, all of which he still formally denies in court, in exchange for the prosecution’s downgrading the seriousness of one charge, dropping another entirely and allowing Mr. Netanyahu to avoid serving a jail sentence by instead performing community service, the two negotiators said.
The talks are currently stuck, however, because Mr. Netanyahu does not want to accept the charge of “moral turpitude,” a designation that would bar Mr. Netanyahu, the leader of Israel’s biggest right-wing party, from public office for seven years, the negotiators said.
The details, first reported in Maariv, a centrist Israeli newspaper, were confirmed to The New York Times by one of the main mediators, Aharon Barak, a former president of the Israeli Supreme Court, and a second person involved in the negotiations who spoke on the condition of anonymity to discuss the negotiations openly. A spokesman for the Justice Ministry confirmed that talks were taking place, but declined to confirm any further details. The office of Boaz Ben Tzur, one of Mr. Netanyahu’s lead lawyers, declined to comment.
The talks are the latest twist in a legal process that began in 2016 with a police inquiry into claims that Mr. Netanyahu had accepted gifts from benefactors in exchange for political favors.
The investigation expanded after Mr. Netanyahu was accused of offering the owners of two media companies inducements in exchange for positive news coverage. The charges quickly divided Israelis between those who believed that Mr. Netanyahu should step down to avoid tainting the office of the prime minister, and those who thought that he was the victim of a judicial conspiracy.
The argument deepened a longstanding national debate about the power of the judiciary, and drew comparisons with the furor surrounding American efforts to impeach President Donald J. Trump.
Like Mr. Trump, Mr. Netanyahu framed himself as the victim of a biased justice system, describing the process as a “witch hunt” and an “attempted administrative coup” when his trial began in 2020.
Both Mr. Netanyahu’s decision to engage in negotiations and his engagement with Mr. Barak, a former judge considered a doyen of the Israeli legal establishment, have therefore surprised some Israelis.
Mr. Barak said that he had agreed to play a role because Mr. Netanyahu, in cases that did not affect him personally, had historically helped to protect judicial independence and because a partial confession by Mr. Netanyahu might help heal social divisions and restore trust in the judiciary.
“It’s of national importance that this thing should result in the accused himself saying, ‘I admit that I have done it,’” Mr. Barak said in a phone interview.
The case caused two years of political stagnation, largely because it splintered Mr. Netanyahu’s right-wing voter base as well as his right-wing allies in the Israeli Parliament — a fissure that led to four inconclusive elections from 2019 to 2021. After the first three votes, Mr. Netanyahu’s remaining allies won enough seats to stay in power, but not enough to form a stable coalition government or pass key legislation like a national budget.
The impasse ended after a fourth election last year, when three small right-wing parties agreed to form a grand coalition with ideological opponents from leftist, centrist and Islamist parties to create a parliamentary majority large enough to force Mr. Netanyahu to leave office.
If Mr. Netanyahu, currently the leader of the opposition, does agree to the deal and leave politics, analysts said that the decision would destabilize, though not necessarily completely collapse, the fragile current coalition government. The logic that glues the alliance together would weaken if he were forced to abandon representative politics because it might tempt right-wing members of the current government to form a different coalition with the new leader of Mr. Netanyahu’s party, Likud.
But Likud will take time to elect a chairman. And once elected, the new leader might still be too closely tied to Mr. Netanyahu to be a viable partner for his right-wing opponents, said Anshel Pfeffer, an Israeli political columnist and biographer of Mr. Netanyahu.
“Likud will remain Bibi’s tribute band until they have a strong new leader, and I can’t see any candidate for that job,” Mr. Pfeffer said, using a nickname for Mr. Netanyahu.
The office of the current prime minister, Naftali Bennett, who leads a right-wing faction, declined to comment. But in a speech to the cabinet on Sunday morning, Mr. Bennett said that the government was continuing to work as normal.
“All of the various political analysts, with their graphs and scenarios, can rest assured,” Mr. Bennett said. “The government of Israel is working and will continue to work quietly and effectively, day after day, for the citizens of Israel.”
Most analysts believe that if a plea bargain is to happen, it will need to be agreed to by the end of January. The state official overseeing the case, Attorney General Avichai Mandelblit, is retiring in early February and his successor is unlikely to focus on such a divisive issue early on.
Opponents of Mr. Netanyahu protested outside Mr. Mandelblit’s home on Saturday evening, urging him to allow the case to be decided in court.
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