Two Judges Limit Scope of Former AG's Testimony in Netanyahu Case

Judge Moshe Bar-Am posed a pointed question on Wednesday that forced the judicial panel to confront a conflict in the record. He asked prosecutor Yehudit Tirosh how the court could disregard the testimony of former attorney-general Avichai Mandelblit, who described unlawful actions by investigators. The question arose during a procedural dispute in the corruption trial of Prime Minister Benjamin Netanyahu.

The panel, comprising presiding Judge Rivka Friedman-Feldman, Bar-Am, and Judge Oded Shaham, voted two to one to restrict the scope of the defense's questioning. The majority decision confines the interrogation to the specific approvals Mandelblit granted for the investigations. This ruling comes after Mandelblit, called as a defense witness, acknowledged that certain investigative steps occurred without his explicit consent.

Bar-Am had argued that the door was already open for deeper scrutiny. He warned that blocking further questions might leave a gap in the factual record. However, the other two judges sided with the prosecution's position that the testimony should remain focused on the authorization issue. The court's decision reflects a compromise between exploring the irregularities and keeping the trial on schedule.

Mandelblit's role under Basic Law: The Government requires the attorney-general to consent before a criminal investigation of a sitting prime minister can begin. In his testimony, he confirmed he authorized the probes into Netanyahu. He also stated that some major developments, such as the wiretapping of confidant Natan Eshel, proceeded without his prior knowledge. He said he ordered a halt to those taps once he became aware of them.

The former attorney-general further noted that a tactic used against state witness Nir Hefetz was improper. He conceded on Monday that questioning in Case 1000 exceeded the scope of the warning given to Netanyahu. He also stated that the warning in Case 2000 did not align with the specific allegations under investigation. Despite these admissions, he maintained that the decision to indict remained sound and was not shaped by external pressure.

Defense lawyer Amit Hadad requested an adjournment following the ruling to adjust his planned questions. The prosecution did not object to the pause. The session concluded after approximately two hours of discussion. The hearing took place on October 28, the day after the national election, which was held on October 27.

The trial has been ongoing since May 2020 and involves three separate cases. Case 1000 deals with alleged gifts from businessmen Arnon Milchan and James Packer. Case 2000 involves negotiations with Yediot Aharonot publisher Arnon Mozes regarding media coverage. Case 4000 alleges that Netanyahu favored Bezeq in exchange for positive coverage by Walla. Netanyahu faces fraud and breach-of-trust charges in all three cases, plus bribery in Case 4000.

The case is currently in the defense stage. Netanyahu completed his own testimony in June after 98 hearings. The court has moved to a five-day weekly schedule this month to expedite the remaining evidence. The defense must still present its remaining witnesses and closing arguments before the court can reach a verdict.