Ex-AG Mandelblit to Testify in Netanyahu Trial, Aiming to Discredit "Fabricated Cases" Claims

Former Attorney General Avichai Mandelblit is set to testify on Sunday in the Jerusalem District Court, a rare occurrence for a legal official in such a high-profile case. Mandelblit, the first attorney general to indict a sitting prime minister, will take the stand in the trial of Benjamin Netanyahu. This follows a precedent set by former Attorney General Yehuda Weinstein, who testified for the prosecution in the same case, expressing frustration at being called to testify instead of the official who filed the charges. Another rare instance of an attorney general testifying involved Meni Mazuz in the trial of Yitzhak Zuziaashvili.

Weinstein's testimony aimed to establish that he did not authorize Netanyahu to receive gifts. However, the prosecution may face damage from Mandelblit's testimony, especially since they forfeited their right to object to it by calling Weinstein. The defense, meanwhile, has been pushing for Mandelblit's testimony, primarily to support their claim that the investigation into the Prime Minister was initiated without the required approval from the Attorney General.

Mandelblit himself previously explained in a January 2021 court document that opening an investigation against a prime minister requires his personal approval, emphasizing it as a public interest matter to ensure independent and thorough consideration of public aspects, protecting the prime minister from unwarranted investigations. The defense contends that investigative actions were taken before Mandelblit's official approval, citing a lack of trust among law enforcement officials who perceived Mandelblit as close to Netanyahu and feared he might obstruct necessary investigations.

Further complicating matters, a dispute emerged between Mandelblit and State Attorney Shi Nitzen and Tax and Economic Crimes Prosecutor Liat Ben Ari. While Nitzen and Ben Ari believed Netanyahu should be indicted for bribery in all three cases, Mandelblit favored a bribery charge only in Case 4000. The indictment Mandelblit signed has faced difficulties, including a revision of the "positive coverage" benefit to "unusual compliance" without clear explanation, which later contributed to the bribery charge's collapse in June 2023 following judicial recommendations for the prosecution to withdraw it.

Mandelblit's testimony is also crucial for refuting Netanyahu's conspiracy theories, particularly the claim of "fabricated cases" designed to oust a right-wing prime minister. The article notes this pattern of suspicion extends to Netanyahu's accusations against security officials, even after the October 7th attacks, and traces it back to earlier fears in 1996 regarding military and intelligence chiefs. The defense strategy has linked this alleged "coup" motive to Mandelblit and former Police Commissioner Roni Alsheich, whom Netanyahu appointed. The article suggests that while Mandelblit and Alsheich may have faltered in building the evidence, they understood the corrupt nature of the case and did not fabricate charges, though they became entangled in complex media-legislation-regulation issues that are difficult for the criminal trial to resolve.