Netanyahu Defense Team Seeks to Summon Former Attorney General to Testify Before Elections

The defense team for Prime Minister Benjamin Netanyahu has filed a dramatic request with the court to summon former Attorney General Avichai Mandelblit to testify in October, just weeks before the upcoming elections. The defense aims to use Mandelblit's testimony to argue that key investigative actions related to Netanyahu's cases were initiated before the required approval from the Attorney General was obtained, a claim the prosecution disputes.

The defense's strategy hinges on a Basic Law: Government provision stipulating that a criminal investigation against a sitting prime minister requires prior approval from the Attorney General. Netanyahu's lawyers contend that the police conducted significant intelligence gathering and investigative activities before such approval was granted. They intend to confront Mandelblit with internal meeting protocols from 2016, where he reportedly reprimanded investigators for starting inquiries without his authorization and clarified the scope of his approvals, particularly concerning the 'gifts' affair.

This move gains traction from testimony by senior investigators, including retired Commander Koresh Bernor, who stated in court that initial fact-finding actions did not require the Attorney General's approval. However, the prosecution maintains that Mandelblit gave general approval for investigating the suspicions during routine meetings with law enforcement leadership, and the law does not mandate written approval. They also presented additional protocol excerpts suggesting Mandelblit's reservations were limited to specific aspects and did not impede the police's investigative authority. Mandelblit himself has previously affirmed to the court that the investigation procedures had his full approval.

The court is now awaiting a decision on the defense's request regarding the proposed testimony dates in mid-October. If approved, Mandelblit, who made the precedent-setting decision to indict a sitting prime minister, would face cross-examination by Netanyahu's lawyers regarding the boundaries he set for investigators, all occurring amidst the election campaign.