Netanyahu’s trial is Israel's trial

Netanyahu's trial is a confrontation between entrenched elites clinging to their hegemony and emerging forces seeking rightful representation, one where the courtroom has become a battlefield.

By YARON SCHWARTZ DECEMBER 22, 2024 02:18

PRIME MINISTER Benjamin Netanyahu attends his trial on corruption charges at the Tel Aviv District Court last week. The courtroom has become a battlefield of competing visions for the nation’s future, the writer maintains. (photo credit: STOYAN NENOV/REUTERS)

At the heart of Israel’s most consequential moment, a trial unfolds that is far more than a legal proceeding – it is a mirror reflecting the soul of a nation wrestling with its deepest principles. The prosecution of Prime Minister Benjamin Netanyahu is not merely about one man, but about the very fabric of Israeli democracy, stretched thin between justice and political vendetta.

Netanyahu stands at the crossroads of history as a leader who has guided Israel through storms of existential threat, and who has transformed a small nation into a global powerhouse of innovation and resilience. Now, he finds himself facing charges that reek of political manipulation instead of the clear transparency of true judicial inquiry.

Consider Case 4000, the “Bezeq-Walla Affair,” a phantom crime conjured from legal imagination. “Unusual responsiveness” in media coverage – a term invented not by law, but by prosecutors who seek to criminalize the very essence of political communication. They ignore the fact that the coverage of Netanyahu in Walla was overwhelmingly hostile and negative.

The prosecution paints a narrative of corruption where none existed, twisting conversations into conspiracies, thereby transforming legitimate political discourse into a criminal script.

Case 2000, the “Yediot Aharonot-Yisrael Hayom Affair,” reveals an even more chilling portrait of judicial overreach. A conversation with Arnon Mozes – mere words exchanged between a leader and a media publisher – is deemed a criminal act. Think of the dangerous precedent this sets. Where does the line between dialogue and conspiracy lie? In this trial, that line has been erased with the stroke of a zealous prosecution – one that many feel has become a persecution.

Prime Minister Benjamin Netanyahu testifies in his trial, December 10, 2024 (illustrative) (credit: Canva, FLASH90/CHAIM GOLDBERG)

But the issue goes beyond the charges, as such. The judicial process itself bleeds with irregularity. Witnesses have given testimony under psychological duress, their words shaped by unseen pressures. Selective leaks to partisan media reporters poison the public discourse, transforming a legal proceeding into a Kafkaesque political theater where truth becomes a malleable item.

This is Israel’s trial

THIS IS more than Netanyahu’s trial: This is Israel’s trial. It is a confrontation between entrenched elites desperately clinging to their hegemony and emerging forces seeking rightful representation, and one where the courtroom has become a battlefield of competing visions for the nation’s future.

The stakes couldn’t be higher. If the judicial system can so brazenly reshape reality to suit its agenda, how can an ordinary citizen be protected? When legal interpretations become weapons and when context is sacrificed on the altar of political expediency, the very foundations of democratic society are shaken.

Netanyahu – undoubtedly a controversial, transformative, polarizing figure – has become a symbol. To a majority of Israelis, he is a symbol of resistance against institutional manipulation, of a leadership that refuses to be silenced by bureaucratic machinations. Whether one supports him or opposes him becomes secondary to the fundamental question: Will we allow our institutions to cannibalize the very democracy they are meant to protect?

In a different scenario, Netanyahu could have accepted a plea bargain that would have spared him and his family years of legal battles while potentially securing lucrative opportunities in the private sector. From an outsider’s perspective, it would seem reasonable for a veteran statesman who has dedicated over 50 years to public service, including 15 years as prime minister, to seek respite. 

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Many would argue that plea bargains are standard practice, with a significant majority of Israeli cases resolving through such agreements – ultimately saving defendants substantial legal expenses and reducing the judicial system’s workload.

However, Netanyahu’s decision to contest the charges has unveiled a complex narrative that goes far beyond a typical legal proceeding. By refusing to accept the initial plea bargain, he has exposed potential systemic irregularities in the legal process.

THE ONGOING trial has brought to light several concerning issues: possible illegal interrogation methods, the withholding of exculpatory evidence by the Attorney-General’s Office, and suspicious leaks that might have remained hidden under different circumstances. As the legal proceedings continue, the trial promises to reveal more details that could reshape public understanding of the case. The lack of televised proceedings limits public transparency, though independent journalists are documenting and reporting daily developments. These reports suggest a pattern of procedural misconduct that extends beyond individual actions.

Netanyahu’s attorney, Amit Hadad, and his highly capable team, have meticulously dissected every claim in the half-baked indictment and masterfully prepped the star witness, taking apart the allegations one by one.

The broader question remains: What might have been accomplished had these legal challenges not consumed significant political energy? Would Netanyahu’s government have maintained Israel’s leadership in COVID-19 response? Would diplomatic initiatives like the Abraham Accords have progressed differently? Would regional geopolitical dynamics have evolved along a different trajectory?

The narrative suggests that the legal battle is not merely about individual culpability but potentially about broader systemic challenges within Israel’s judicial and political infrastructure.

And so this trial is a profound warning: Democracy is not a statue, but a living, breathing entity that must be defended with vigilance and courage. It demands that we look beyond personalities and see the principles at stake.

In the end, judgment will not be rendered solely in the courtroom but by history itself. And history will ask: When democracy was tested, did we stand to defend it or simply look silently at its erosion?

Netanyahu’s trial is Israel’s moment of truth – a test not of one man’s innocence, but of an entire nation’s commitment to justice, fairness, and the delicate balance of democratic governance. It is a wake-up call for all of us to defend the principles that sustain our nation.

The writer is a senior analyst at Acumen Risk Ltd., a risk management firm.