In file 1000, in which the prime minister is accused of fraud and breach of trust, Netanyahu and his wife alleged that they had an improper relationship with businessmen Milchan and Packer, in which they received gifts and pleasures on a large scale. The Prime Minister in his role in favor of Milchan, for example with US government officials to extend the validity of his residence permit, or with the Finance Minister in the country to extend the duration of the tax exemption to returning residents. To Milchan.

Despite the differences in regime and law, it is interesting to see how such allegations are addressed in the world's largest democracy. There is a fair chance that if Netanyahu was prosecuted for a similar factual mask in the United States, he would have been acquitted, based on the Supreme Court's McDonnell ruling. That ruling reduced the definition of U.S. federal bribery, among other reasons, to constitutional-democratic considerations. .

In 2009, Robert McDonnell was elected governor of Virginia. The governor and his wife befriended Johnny Williams, a businessman and CEO of a medical device company. Williams gifted a plethora of $ 175,000 worth of gifts to the couple: private plane flights, vacation rentals, purchase of prom dresses, a Ferrari car ride, a Rolex watch And at the time, Williams' company promoted a new dietary supplement, and it needed to prove its effectiveness in independent research, and Williams, through his relationship with the governor, sought to advance such research at the University of Virginia. Williams's request to various government agencies, arranged appointments and a welcome Williams in his house. 

In 2014 convicted of the governor and his wife bribery federally respect of aid for Williams, and sentenced to imprisonment. According to federal law, you can be convicted of bribery civil servant who received compensation against the implementation of the "act of an official." 

The governor appealed and the Supreme Court of the United States Unanimously revoked his conviction. It was held that in order to convict a bribe the public person must carry out actual governmental action. Therefore, it was held that arranging a meeting, contacting another governing body and hosting a reception, in and of themselves, is not a formal act of government, but routine and legitimate actions of elected officials in favor of voters. Chief Justice Justice John Roberts emphasized that a broad interpretation of voter-electoral-related offenses raises constitutional difficulties, as it undermines a representative-based democratic regime, namely responding to elected officials' concerns and concerns. It was held that another approach could prevent voters from assisting voters, and would constitute a "cooling effect" for voters' desire to take part in the political process.

The Israeli reality is different. The laws that have developed in the country in relation to government corruption are stricter, and in light of the multiplicity of corruption cases - this is appropriate. In the United States, in light of the different system of government, a more forgiving approach to the "protections" and "good" of elected officials has emerged. The Limits of the Legitimate Relationship between Elected and Public in Democracy. 

Dr. Matan Gutman is an expert in constitutional and administrative law and teaches at the Law School at the Interdisciplinary Center in Herzliya.