Israel crossed a glaring red line this week as it continued to tumble in free fall toward one of the most severe political-constitutional crises in its history. For the first time since the police began investigating suspicions of corruption against Prime Minister Benjamin Netanyahu almost four years ago, Attorney General Avichai Mandelblit held an internal consultation this week to consider whether Netanyahu should be declared incapacitated and forced to step aside.
Israeli law allows for the “temporary incapacity” of top office holders for various reasons. The “incapacity” turns permanent following 100 days and the office holder is supposed to be replaced. The only precedent in Israeli history for such incapacity dates to January 2006, when Prime Minister Ariel Sharon suffered a stroke and fell into a coma. Then the reason was related to health. The issue is on the agenda now for an entirely different reason.
When police launched investigations into suspected corruption by Sharon’s replacement, Prime Minister Ehud Olmert, a demand came up for the Supreme Court to order then-Attorney General Meni Mazuz to declare Olmert incapacitated. It was argued that Olmert was unable to fulfill his duties due to the various investigations against him and was abusing his power to hamper the work of the police. The justices rejected the petition but their ruling laid the foundations for a declaration of incapacity should a prime minister abuse his power to undermine law enforcement authorities for personal reasons. Olmert did not cross that line and resigned in 2008, well before he was indicted.
Netanyahu has been waging a holy war against law enforcement authorities for the past two years, even before his indictment on charges of corruption in January 2020. He has intensified his assault in recent days to such unprecedented levels that Mandelblit considered demanding his recusal. Chances of that happening are slim. Such a decision by Mandelblit could conceivably bring Israel to the brink of civil war between half the Israelis who worship Netanyahu and the other half who despise him. On the other hand, the very fact that such a step is even being contemplated and that quite a few Israelis are calling on Mandelblit to save Israel and declare Netanyahu incapacitated is unprecedented in the annals of the state.
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