There is no legal impediment to an indicted lawmaker serving as prime minister, Attorney General Avichai Mandelblit wrote Thursday, but warned that appointment of premier under serious criminal indictment could be problematic.
The court will Sunday hear petitions against Benjamin Netanyahu serving as prime minister due to the charges of bribery, fraud and breach of trust against him.
"Despite the significant difficulties that arise, they do not constitute grounds for judicial intervention that would deny the majority of the Knesset supporting the establishment of a new Israeli government presided over by MK Netanyahu,” Mandelblit wrote in his opinion to the High Court ahead of the hearing.
Mandelblit also called on the court not to invalidate the coalition agreement, but severely criticized the terms of the deal.
Hundreds of protesters held pro and anti-Netanyahu protests outside the High Court in Jerusalem on Thursday, ahead of the hearing on Sunday.
Around 100 people, many waving Israeli flags and maintaining mandatory social distancing, staged a demonstration against what they called court intervention in the democratic process.
They held banners that read "The High Court is ruining democracy" and chanted, "the people are the sovereign."
On Sunday the court is scheduled to hear petitions from several nonprofit advocacy groups against the coalition government deal reached by Netanyahu and his main political opponent, former IDF chief Benny Gantz.
The two reached a power-sharing agreement earlier this month after more than a year of political stalemate and three deadlocked national elections.
Under the deal, Netanyahu and Gantz agreed to share the premiership, with Netanyahu serving as prime minister the first 18 months and Gantz serving the next 18 months. It also includes a clause to advance plans to annex parts of the West Bank, including Israeli settlements, starting July 1.
The groups are asking the court to ban any indicted politician, including Netanyahu, from being allowed to form a new government.
Netanyahu was charged earlier this year with bribery, fraud, and breach of trust. He has denied any wrongdoing and claims the indictments are part of a political witch hunt. His trial is scheduled to begin next month.
If the court rules in favor of the petitioners, the Netanyahu-Gantz deal could unravel, plunging the country into the fourth election in just over a year.
First published: 13:38, 04.30.20