Israel's political system came to the brink of a historic crisis on Thursday after Attorney General Avichai Mendelblit announced plans to indict Prime Minister Benjamin Netanyahu on corruption charges.
Thursday morning saw President Reuven Rivlin hand Knesset Speaker Yuli Edelstein the mandate to form the government – an unprecedented step taken only after neither Netanyahu nor challenger Blue and White leader Benny Gantz were able to cobble together a coalition. Under Israeli law, parliament now has 21 days to form a government and if it fails, Israelis will go to the polls for the third time in one year.
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Mendelblit's decision to indict a sitting prime minister for fraud and breach of trust is the first of its kind for Israel. It also all but assure a third election be called, plunging Israel deeper into political disarray.
Netanyahu, in power since 2009, has dominated Israeli politics for a generation and is the country's longest-serving leader. He has denied wrongdoing in three corruption cases, saying he is the victim of a political witch hunt.
The indictment posed no immediate threat to his decade-long hold on power, a grip loosened by elections in April and September in which neither the right-wing Likud leader nor centrist challenger Benny Gantz secured a governing majority.
Netanyahu remains the caretaker prime minister and is under no legal obligation to resign once charged. The opening of a trial could be delayed for months by a possible new election and any moves by Netanyahu to secure parliamentary immunity from prosecution.
The introduction of criminal charges could further complicate not only the resolution of the prolonged political stalemate but also the eventual rollout of the US administration's long-delayed Middle East peace plan, as it may be hampered by the uncertain political future of one of the key players whose support is needed.
And if a new Israeli election is in the cards, Netanyahu would be running as an indicted suspect, displaying a rare vulnerability that could entice potential challengers within his own party to make a move against a weakened prime minister.
The legalities surrounding how Netanyahu might challenge the charges or request immunity from the Knesset House Committee only fuels the political chaos, as it drives Israel deeper into uncharted legal waters.
From a legal standpoint, Netanyahu has 30 days to ask the House Committee to grant him immunity. However, given Israel's election troubles, the House Committee has not been appointed since April, and if the petition can't be processed the indictment can't be filed.
Parliament has the option to form an ad-hoc House Committee to review the request or postpone the issue until a new government is installed.
Regardless of the fact that various opposition parties already announced plans to file High Court of Justice petitions to force Netanyahu out of office, the case could see an appeals process that might postpone a trial for two years or more and post-verdict appeals could drag it along even further, meaning it could be years before the case is actually adjudicated.
The Israel Democracy Institute, a Jerusalem-based think tank, issued a statement Thursday warning that a prime minister seeking to perform his official duties while under indictment "will create an intolerable and unacceptable reality" for the systems of government and the Israeli public, whose "norms demand" Netanyahu's resignation.
But Netanyahu vowed to stay on as PM and fight the charges Thursday, denouncing them as "false" and "politically motivated."
"What is going on here is an attempt to stage a coup against a prime minister," he said.
