Leaders of the coalition parties issued an unusual statement Thursday night, firmly rejecting any notion that Prime Minister Benjamin Netanyahu could be temporarily declared unfit whenever he testifies in his ongoing corruption trial.
"We categorically reject any attempt to declare the prime minister unfit, even for a very short period," the statement read. "Any such declaration lacks legal foundation and is therefore invalid."
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Prime Minister Benjamin Netanyahu (center) with coalition leaders in Knesset
(Photo: Amit Shabi)
They warned that a temporary declaration of unfitness would be akin to a "coup in every sense of the word" and argued that Netanyahu must continue leading Israel's security and diplomatic efforts, which they deem a matter of national interest.
"We stand and will continue to stand guard over democracy. Only the people, through their elected representatives in the Knesset, can decide who will lead them and serve as prime minister."
The statement was signed by Justice Minister and Deputy Prime Minister Yariv Levin, representing Netanyahu's Likud Party, along with the heads of all other coalition parties, including newly appointed Foreign Minister Gideon Sa’ar.
The decision to issue the statement followed a ruling by Jerusalem District Court judges that Netanyahu’s testimony will proceed as scheduled on December 2, despite the ongoing war.
Netanyahu faces three graft cases, commonly referred to as Case 1000, Case 2000 and Case 4000, involving charges of bribery, fraud and breach of trust.
In Case 1000, he is accused of receiving lavish gifts from a billionaire friend in exchange for favors; Case 2000 alleges negotiations with a newspaper publisher for favorable coverage; and Case 4000, the most serious, involves claims he granted regulatory benefits to a telecom giant in exchange for positive media coverage from its news outlet.
Why is such an option even considered?
Ironically, Netanyahu's own claims about the impact of wartime responsibilities on his trial testimony have intensified the possibility of a temporary incapacitation declaration, legal experts say.
In a recent request to postpone his testimony, Netanyahu argued that the ongoing war prevents him from fully preparing with his defense attorney and makes it impossible for him to disconnect and testify for seven hours across multiple days.
In a hearing on Wednesday, Netanyahu’s lawyer, Amit Hadad, said, “A country cannot be governed in wartime while its prime minister is on the witness stand.” However, in 2020, Netanyahu argued before the High Court of Justice that he could manage both state affairs and a trial. While that stance applied in peacetime, he now acknowledges that managing both during wartime is not feasible.
If Netanyahu maintains this position, Attorney General Gali Baharav-Miara could issue a letter mandating that, while testifying, he temporarily transfer his powers to another minister, as would be done if he were undergoing medical treatment. Netanyahu would resume his duties at the end of each court day. Should he resist, petitions may be submitted to the High Court, demanding he step aside temporarily during his testimony.
Netanyahu faces a challenging legal position, given his own admission that wartime duties and testimony are incompatible. Earlier this year, the High Court ruled that a new amendment regarding incapacitation would apply only from the next Knesset. However, Netanyahu’s acknowledgment that war-time testimony creates an incapacity could complicate his case. His attorney may argue that declaring a prime minister incapacitated during war—even temporarily—would be unreasonable and against public interest, suggesting instead that another witness take the stand in his place.
The High Court, however, may find it difficult to accept this procedural claim, as the district court has already determined that Netanyahu must testify and the High Court is not an appeals court for district court rulings.
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