Ex-AG Mandelblit to Testify in Netanyahu Trial as Defense Witness

Former Attorney General Avichai Mandelblit is set to testify in the "Case Files" trial of Prime Minister Benjamin Netanyahu on Sunday, seven years after deciding to indict the premier. Mandelblit will appear as a defense witness, called by Netanyahu's legal team to be questioned on the investigation's opening, oversight of investigators, and decisions made during the formation of Cases 1000, 2000, and 4000.

Mandelblit's testimony is considered crucial for the defense, not because he has firsthand knowledge of all events, but due to his authority in approving and overseeing the investigations that led to the indictment. His testimony will focus on whether police conducted investigative actions without proper authorization, the nature of interrogation tactics used against state witnesses, and the decisions that shaped the indictments.

Netanyahu's lawyers, including Amit Haddad and Noa Milstein, requested seven days for Mandelblit's cross-examination, with dates set for October 11-12 and 18-22, though the court may shorten this. Mandelblit's request to postpone his appearance to November due to academic commitments was denied.

A central point of contention is Section 17 of the Basic Law: The Government, requiring the Attorney General's consent for criminal investigations against a prime minister. The defense alleges that some investigative actions against Netanyahu lacked proper approval or exceeded its scope. Mandelblit has previously stated that he legally approved the investigations, including oral approvals documented internally, arguing the law doesn't mandate written consent.

In Case 1000 (the Gifts Case), where Netanyahu is accused of fraud and breach of trust for receiving benefits from businessmen Arnon Milchan and James Packer, the defense aims to question Mandelblit on the precise scope and timing of approved investigations. They will likely reference testimony from retired Deputy Superintendent Tzachi Havkin, who claimed investigators exceeded authorized probes, and Mandelblit's own past remarks suggesting he wouldn't have opened a case based on cigars and champagne from a decade prior. The prosecution, however, contends Mandelblit's critical remarks pertained to a different investigative avenue.

For Case 2000 (concerning discussions between Netanyahu and Arnon "Noni" Mozes, owner of Yedioth Ahronoth, about media coverage), the defense seeks to establish that interactions between politicians and media owners were common, questioning the selective prosecution. They will likely ask Mandelblit to explain the differing decisions regarding prosecution for individuals like former MK Eitan Cabel, who also had dealings with Mozes but was not indicted.

In Case 4000 (allegations of bribery, fraud, and breach of trust related to regulatory benefits for Bezeq in exchange for favorable coverage on the Walla news site), the defense focuses on the expansion of the investigation and the handling of key witnesses. Testimony from former Israel Securities Authority legal counsel Eran Shaham-Shavit indicated initial skepticism about the evidence for bribery. The defense may question Mandelblit about his involvement in the decision to keep former Walla CEO Ilan Yeshua as a witness rather than a suspect, and about the interrogation tactics used against former media advisor Nir Hefetz, who became a state witness.

Additionally, the defense may inquire about Mandelblit's review of the elements of bribery in Case 4000, especially in light of judges' comments in June 2023 expressing difficulty in proving the bribery offense and recommending the prosecution consider withdrawing it.