Prime Minister Ehud Olmert will remain head of the transitional government that would come into being when he quits following the Kadima primary, even if Attorney-General Menahem Mazuz decides to indict him, a source close to Olmert said Saturday night.
"Ehud Olmert will remain prime minister until a new government is formed, whether it's after a general election or if the new government is formed by whoever wins the Kadima primary," the source said. "If there's an indictment after that, as far as we are concerned, he has already quit."
In a dramatic post-Yom Ha'atzmaut press conference on May 8, Olmert promised to resign if he any of the corruption allegations against him resulted in an indictment. Then, in a hastily called July 30 press conference, he vowed to quit the day after the September 17 Kadima primary.
Should Olmert resign after the primary, the cabinet also resigns and the government becomes a transitional government, with Olmert at its head, that remains in power until a new government is formed. This could take least a few weeks, but might only happen after a general election, probably in the spring.
By law, no minister or party may leave a transitional government. Thus, even if he is subsequently indicted, Olmert would be locked in as head of the transitional government, whether he - or anyone else - likes it or not.
However, according to constitutional expert Suzy Navot, of the law faculty at the Academic Campus of the College of Administration in Rishon Lezion, he could declare that he was incapable of governing and suspend himself.
In that case, he would be replaced by his vice premier, currently Foreign Minister Tzipi Livni, although chances are she would not retain that designation if another candidate wins the primary.
There had been hope in Kadima that if indicted, Olmert would indeed suspend himself and let the Kadima victor become prime minister even without forming a government, since he had promised to step down if indicted.
But Olmert's associates dashed those hopes, saying that one resignation was enough to keep his promise.
Olmert's associates took pains to downplay the police recommendation to indict him, calling it "insignificant." They recalled that police also wanted to press charges against former prime minister Ariel Sharon. They said it could take many months before an indictment, if any, emerges.
But the police's recommendation to indict Olmert is expected to add pressure on Olmert to leave the Prime Minister's Office for good after the primary, to allow whoever wins to become prime minister even if they cannot form a government.
While Transportation Minister Shaul Mofaz has been saying throughout his campaign that he would form a government immediately after the primary, sources close to Foreign Minister Tzipi Livni had hinted that she might initiate a general election immediately after the primary to exploit the momentum from her win.
Livni's spokesman denied Saturday night that she harbored such an intention, noting that she herself has said in every speech that her top choice would be to form a national-unity government, while her second choice would be to maintain the current coalition. Initiating an election would be a last resort.
"We have been saying all along that our priority has been to make a serious effort to form a government," the spokesman said. "If someone else said something else, we don't take responsibility for that."
Mofaz reiterated his opposition to a general election at a campaign event in Mevaseret Zion on Saturday night.
"Whoever wants a general election does not have the best interest of the country in mind," he said. "Most people in Israel and most MKs don't want elections. It would freeze the government and prevent it from getting things done. I can form a wide coalition that will last until the term ends in November 2010."
