After the High Court discussed this week Prime Minister Benjamin Netanyahu continuing to serve as prime minister while under indictment and the coalition deal between the Likud and Blue and White parties for a unity government, a senior Likud official laid down some red lines on Tuesday that if crossed, he warned, would cancel the coalition agreement and lead to a fourth election.
The first such red line would be if the court ruled that Netanyahu could not serve as prime minister.
The second step, according to the Likud official, would be if the right-wing bloc was prevented from forming a blocking opposition on the Judges Selection Committee. Likud officials are saying that Netanyahu will not move on that point because of his commitment to the right-wing bloc and its voters. Moreover, the Likud says that appointments to the Supreme Court have nothing to do with Netanyahu's trial, since it is the chief justice who determines which justices will sit on which panels, and it is likely that Chief Justice Esther Hayut would appoint experienced judges to any panel pertaining to Netanyahu's cases, not newly-appointed judges.
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The third step that would lead to new elections, as far as the Likud is concerned, is if the framework proposal for the rotation for prime minister is invalidated. A year and a half from now, Netanyahu is supposed to step aside so that Blue and White leader Benny Gantz can serve as prime minister for the next 18 months. If the High Court decides that that rotation is illegal, Netanyahu would find himself without any government position. In that case, he would prefer to hold new elections.
Another issue that would apparently not cause a new election but would cause the Likud and Blue and White some headaches, would be if they were forced to renegotiate the three-year deal. According to the current coalition agreement, the unity government will dissolve itself three years after the date on which it is sworn in, and a general Knesset election will be held.
There is concern that the High Court will rule that the unity government cannot change the term of an elected Knesset, which the law sets at four years. Theoretically, the matter could be solved through a deal that stated that each side of a unity government would be in power for two years, but Gantz is insisting on stepping in as prime minister after 18 months.
On Tuesday, the Likud and Blue and White submitted adjustments and clarifications to the coalition deal to the Supreme Court, in response to the court's discussion on Monday.
A document submitted to the court spelled out the timeframe for the emergency situation, which will continue for six months after a new government is sworn in. The parties agreed that regular legislation would be allowed to go ahead during the corona emergency, but that laws pertaining to the epidemic would be given priority. The parties agreed to limit the timeframe for top-level appointments to 100 days from the time a government is sworn in, rather than the original six months.
Meanwhile, the Knesset plenum is due on Wednesday to start voting to approve the "Rotation Bill" in its second and third readings. Voting is scheduled to begin at 4 p.m. and continue through Thursday afternoon.
After the law is passed, 61 MKs will have to sign a request for the president to tap Netanyahu to form a government. The signed letter must be delivered to the President's Residence by midnight on Thursday. If for any reason 61 MK signatures are not secured, the Knesset will dissolve itself and a fourth election will be held.
The Rotation Bill includes a series of major changes to the Basic Law: The Government. It details the structure of a rotation government, states that the number of ministers and deputy ministers must be equal in both blocs forming the coalition, and sets down the swearing-in procedure for the prime minister and the rotating prime minister, as well as the dates for the rotations and guidelines for government continuity.
A separate bill up for debate would allow for an amendment to the campaign finance law which would allow the Derech Eretz party, which is joining the coalition, to receiving funding for its activities.
As the Knesset works to pass the laws that will allow the Likud and Blue and White to form an emergency government, one partner on the Right -- the Yamina faction -- has yet to commit to supporting the government.
Yamina leader Naftali Bennett tweeted Tuesday that "If Prime Minister Netanyahu offers me the Health Ministry and to take charge of the battle against corona, I'll join the mission. It is a true national mission."
Naftali added that "To prepare for another wave of infection that might arrive in the fall, we need to carry out important procedures. We must be prepared ahead of time, so we won't have to shut down the Israeli economy."
