Herzog’s Dilemma: Clemency for Jewish Killer Ami Popper to “Balance” Terrorist Releases?

In the backdrop of ongoing efforts to secure a breakthrough in hostage negotiations, Israeli President Isaac Herzog is considering an unprecedented move: reducing the prison term of Jewish convict Ami Popper, who murdered seven Palestinian workers in 1990. The move, sources say, would only take place if a hostage deal is finalized — potentially releasing Palestinian prisoners in exchange.

According to officials, Herzog is examining the possibility of exercising his presidential authority to grant clemency as a gesture of "balance" and "reconciliation." While no final decision has been made, the President’s Pardons Department, along with the Justice Ministry, has recently reviewed the requests of Jewish security prisoners seeking commutation of their sentences, citing fairness compared to previous releases of Palestinian prisoners.

Popper, now in his 60s, was originally sentenced to seven life sentences but later had his punishment reduced to 40 years in prison in 1999 by then-President Ezer Weizman, following recommendations by Justice Minister Tzachi Hanegbi. Popper has five years left to serve and is currently scheduled for release in 2030.

At the time, Hanegbi justified the commutation by arguing that leniency for Palestinian prisoners in prior deals should not exclude Jewish offenders, even those convicted of "horrific acts" committed in the context of the Israeli-Palestinian conflict. Alongside Popper, other Jewish convicts such as Yoram Shkolnik and the Kahlani brothers received similar reductions.

The debate surrounding Popper’s potential commutation has resurfaced as hostage talks intensify. The nationalist legal advocacy group Honenu has spearheaded a campaign, lobbying politicians and religious leaders to pressure both President Herzog and Justice Minister Yariv Levin, whose signature is required for presidential pardons to be enacted.

However, Popper’s possible release is highly controversial. Both the Shin Bet and the State Attorney’s Office opposed early release as recently as November, warning it could inspire copycat crimes and embolden extremists. In that decision, Popper’s request for early parole was denied.

Popper’s history remains fraught with tragedy and scandal. He argued that before the 1990 massacre, he was sexually assaulted by a Palestinian worker, though the claim never justified his actions. While on leave from prison years later, his wife Sarah Goldberg and their son Shimshon were killed in a car accident when Popper drove without a valid license. He was convicted of negligent manslaughter and served an additional six months in prison.

For now, the President’s office has emphasized that no decision has been reached:

"A request has been received to commute Mr. Popper’s sentence based on precedents set by President Ezer Weizman in the context of hostage-prisoner exchanges. It is important to clarify: no decision has been made. Any consideration will only take place in the event of a hostage deal, and after reviewing all security and legal assessments."

The potential move underscores the delicate balancing act facing Israel’s leadership as it seeks to secure the return of hostages while managing deep societal divisions over the release of convicted terrorists.