Netanyahu Trial: Court limits questioning of ex-attorney-general

The defense team for Prime Minister Benjamin Netanyahu will face tighter limits on its questioning of former attorney-general Avichai Mandelblit. The Jerusalem District Court ruled by a majority on Wednesday to confine the scope of his testimony. This decision prevents lawyers from broadly exploring police and prosecution conduct during the years between initial authorizations and final indictments.

Judge Moshe Bar-Am, part of the three-judge panel, raised concerns about the potential gap in the factual record. He asked prosecutor Yehudit Tirosh how the court could ignore Mandelblit's account of unlawful investigative actions. Bar-Am noted that Mandelblit's previous statements had already opened the door to deeper examination. However, the panel, which also included presiding Judge Rivka Friedman-Feldman and Judge Oded Shaham, voted 2-1 to keep the focus on specific approvals.

Mandelblit was called by the defense to clarify whether police had proper authorization for their inquiries. Under Basic Law: The Government, the attorney-general must consent before a criminal investigation into a sitting prime minister can begin. The defense sought to link his approval process to the eventual decision to indict. They argued that material information was withheld from him, which undermined the basis for his legal judgment.

In his testimony to date, Mandelblit has acknowledged that some significant steps were taken without his explicit approval. He stated that he ordered police to halt wiretapping of Natan Eshel, a confidant of Netanyahu, once he learned of it. He also described a tactic used on Nir Hefetz, Netanyahu's former media adviser, as improper and one he did not know about in advance. On Monday, he conceded that questioning in Case 1000 went beyond the warning given to Netanyahu. He also said the warning in Case 2000 did not match the allegations under investigation.

Despite these admissions, Mandelblit has defended the decision to file charges. He rejected claims that pressure influenced his choices and disputed the defense argument that the bribery charge in Case 4000 had collapsed. He argued that investigative irregularities do not automatically require the exclusion of evidence. His defense attorney, Amit Hadad, requested an adjournment on Wednesday to adjust planned questions after the ruling. The prosecution did not object, and the session ended after approximately two hours.

The dispute over Mandelblit's role coincided with the final weeks of the national election campaign. The defense had requested seven hearing dates between October 11 and October 22. The last five days of that period fell immediately before the October 27 election. The court rejected Mandelblit's request to delay his appearance until November or December due to his duties as law faculty dean at the Academic College of Ramat Gan. His testimony began on October 11 and ran past the initially planned dates.

The trial began in May 2020 and covers three distinct cases. Case 1000 concerns expensive gifts allegedly received from businessmen Arnon Milchan and James Packer. Case 2000 involves discussions with Yediot Aharonot publisher Arnon Mozes about favorable coverage in exchange for steps against the rival Israel Hayom. Case 4000 alleges that Netanyahu advanced regulatory measures favoring Bezeq's then-controlling shareholder, Shaul Elovitch, in exchange for intervention in Walla coverage. Netanyahu faces fraud and breach-of-trust charges in all three cases, plus bribery in Case 4000. He denies wrongdoing in all instances.

The proceedings remain in the defense stage. Netanyahu finished his own testimony in June after 98 hearings. The court is currently hearing other defense witnesses. To speed up the remaining evidence, hearings moved to a five-day weekly schedule this month. The defense case and closing arguments must still be completed before the court can issue a verdict.