Ex-AG Mandelblit to Testify in Netanyahu Trial on Investigation Approvals

Former Attorney General Avichai Mandelblit is set to testify on Sunday in the trial of Prime Minister Benjamin Netanyahu, seven years after the indictment was filed and ten years after investigations began. Mandelblit's testimony, scheduled to span seven days at the request of Netanyahu's defense lawyers, Amit Haddad and Noa Milstein, will focus on whether he approved investigation actions against the Prime Minister and if any actions were taken without his knowledge or consent. The defense aims to challenge the legality of the investigation, arguing that the police conducted operations without Mandelblit's required authorization.

Mandelblit's testimony is particularly crucial for the defense's central claim that the police violated the Basic Law: Government by carrying out investigative actions without the Attorney General's approval. The prosecution, however, maintains that all investigative and examination activities were conducted legally and with the necessary approvals. The court has previously rejected defense requests to summon prosecution witnesses, but approved Mandelblit's appearance due to the significance of his testimony regarding the approval of the Prime Minister's investigation.

Netanyahu's lawyers are also expected to question Mandelblit about the investigative tactics used against state's witness Nir Hefetz. Hefetz previously described "monstrous" physical and other pressures during his interrogation, including the summoning of his then-wife, which he felt was intended to "break" him. While Hefetz stated these tactics did not influence his decision to cooperate, the defense seeks Mandelblit's reasoning behind the handling of these tactics, particularly regarding an order not to summon the interrogating officers directly but to examine the tactics via documents.

Testimony from other investigators, including Eran Kamin and Shmuel Sharvit, touched upon the gathering of intelligence and the use of surveillance. Kamin, former commander of Lahav 433's Yahal unit, testified about a meeting with journalist Ben Caspit to gather information on gifts received by the Netanyahu family, stating such a meeting did not require AG approval. Sharvit discussed a wiretapping operation against Nathan Esl, which was ordered to be shut down shortly after its activation due to unspecified "problems."

Further complicating the issue, the defense has pointed to a confidential protocol from a Ministry of Justice meeting where Mandelblit reportedly reprimanded the police for pursuing new investigation avenues without his approval. While initial reports suggested Mandelblit sought to halt investigations, the prosecution later presented additional excerpts from the protocol, arguing they show Mandelblit approved continued examination of gift-related matters, emphasizing the need to exhaust all investigative avenues.

The judges have previously criticized the lack of formal written approvals for investigations, noting that Mandelblit's authorizations were often given orally during meetings documented in official protocols. Mandelblit is expected to address these points during his testimony, facing cross-examination from both the defense and the prosecution.