Justice Minister Gideon Sa'ar released details of proposed legislation that would ban anyone accused of crimes punishable by over three years in prison from forming a government. In the political system, the bill, which would directly impact former Prime Minister Benjamin Netanyahu who is under indictment, has been dubbed the "Netanyahu law."
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If passed, the legislation, which would amend Basic Law: Government, would prevent an individual under indictment for a crime of moral turpitude from being tasked with the mandate to form a government. It would also prevent the person in question from inclusion in no-confidence votes or being sworn in as alternate prime minster. The law would go into effect with the signing-in of the new Knesset.
According to the legislation, the Knesset Central Elections Committee could allow such a lawmaker to receive the mandate should the crime be determined to not be one of moral turpitude.
The bill, which seeks to limit Netanyahu's next steps, has been the object of dispute within the coalition.
Interior Minister Ayelet Shaked and her fellow Yamina party member Nir Orbach oppose the legislation. Prime Minister Naftali Bennett has yet to make his opinion on the matter public, although in the past, Sa'ar said he had coordinated on the issue with Bennett and that the Yamina leader had "greenlighted" the bill. Defense Minister and Blue and White party chief Benny Gantz and Foreign Minister and Yesh Atid head Yair Lapid support the law while the Likud has opposed it. While Ra'am party head Mansour Abbas has in the past said he was not committed to the legislation, he has already shown himself to be open to changing his mind. Finance Minister and Yisrael Beytenu head Avigdor Lieberman has said he plans to vote in line with the coalition.
"It is our obligation to determine better regime arrangements that fortify Israel's values as a Jewish and democratic state for the future. We are obligated to prevent the recurrence of the situation Israel has until recently experienced," Sa'ar said.
Right-wing politicians criticized the bill.
Shaked said she "opposes this legislation. I do not think the attorney general should determine who heads the government. We agreed not to deal with this until state budget [is passed] and then we will make a decision."
In a statement, the Likud party said: "Gideon Sa'ar who in the polls is clawing at the electoral threshold from below is proposing an Iran-style, anti-democratic law that seeks to disqualify those who earn 35 Knesset seats in the polls and earn the support of millions of citizens as their representative for the premiership. How embarrassing."
Religious Zionism Party MK Simcha Rothman called the bill "an embarrassment for Gideon Sa'ar and an embarrassment for the state. Anyone who does not trust the 61 lawmakers to pick the best candidate and tries to let a clerk decide who can and cannot be prime minister form them shows themselves to have not faith in the people, elected officials, and the democratic process. This is not reminiscent of darker times. This is a dark time."
Likud MK Miki Zohar said, "Clearly Gideon Sa'ar's legislation can be corrected as soon as we return to state leadership. The problem is that if the bill passes, anyone who wants to serve as prime minister will need to worry the State Attorney's Office may not like them and file an indictment against them."
Joint Arab List head Ayman Odeh tweeted that his party could ensure the bill was passed "by next week."
In an interview with Army Radio, Jerusalem Affairs Minister Ze'ev Elkin called the bill" the learning of lessons from the reality in which we lived. For years, I thought it was necessary to wait for a conviction, but when I saw how a state can be taken hostage and thrown into a series of election campaigns, I was forced to change my mind. I think there it's unfeasible for Netanyahu to go back to being prime minister. It's not a personal law," he said.
Health Minister and Meretz MK Nitzan Horowitz told Tel Aviv-based radio station 103FM: I "support the law with all my heart. It's an anomaly for a man with an indictment and a criminal trial to continue to serve as prime minister. What is fitting for a minister and a mayor is fitting for a prime minister."
Referring to former Prime Minister Ehud Olmert, he said, "There once was a prime minister who had an indictment filed against them and resigned. Such a law is very appropriate and should be a given."
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