Former NETANYAHU lawyer says president can’t pardon PM without an admission of guilt

Tuesday, December 2, 2025 -A former defense attorney for Benjamin Netanyahu has publicly argued that Isaac Herzog — the president of Israel — does not legally have the authority to grant a pardon to Netanyahu unless the prime minister first admits guilt. 

Under what the lawyer identifies as the relevant law (Article 11B of the Basic Law), a pardon is reserved for an “offender,” meaning someone who acknowledges wrongdoing or at least admits to the facts.

Netanyahu’s recent pardon request is highly unusual: submitted while his corruption trial is ongoing, it includes no admission of guilt. In the documents he filed, he does not confess wrongdoing or accept the charges against him. 

Instead, his request frames the pardon as a measure in the “public interest,” arguing that continuing legal proceedings are undermining social cohesion and the functioning of government.

Critics, including opposition leaders and legal experts, immediately condemned the request as a threat to judicial integrity. They argue that granting a pardon without guilt admission — especially to a sitting prime minister facing serious charges — undermines the principle that no one should be above the law. 

The unusual nature of the request, made pre‑conviction and without apology or remorse, has sparked concerns about precedent and the long-term health of Israel’s democratic institutions.