Israeli Court Summons Top Prosecutor in Netanyahu Trial

Judges presiding over Prime Minister Benjamin Netanyahu's criminal trial have ordered the Legal Advisor to the Government, Gali Baharav-Miara, to appear for a closed-door session next week. This decision marks a new development in a dispute between the court and the prosecution, after Baharav-Miara initially refused to meet the judges personally, suggesting her position could be conveyed by prosecution representatives. The judges deemed this insufficient, emphasizing in a ruling on Thursday, November 12, that a substantive discussion requires the presence of all parties involved, allowing Baharav-Miara to directly hear and respond to the court's position.

Baharav-Miara's refusal stemmed from a previous session on Wednesday, November 11, where prosecutor Yudit Tirosh conveyed that the Legal Advisor felt her personal attendance was unnecessary given the presence of senior prosecution officials. Baharav-Miara and Attorney General Amit Eisman maintained that the prosecution team was authorized to represent their stance and keep leadership informed. They argued that the Legal Advisor's presence would disrupt normal prosecutorial workflow, while also stating their openness to direct dialogue regarding a potential plea deal, referencing an initiative by President Yitzhak Herzog.

The defense, however, argued through Netanyahu's lawyer Amit Haddad that the court has the right to summon the Legal Advisor, deeming her presence appropriate and necessary, citing a similar instance with the Supreme Court. The judges' decision to formally schedule a closed session with Baharav-Miara moves beyond discussing the possibility to a concrete requirement.

The discussion's specifics remain undisclosed but are understood to relate to Case 4000, the "Bezeq-Walla" case, where Netanyahu faces bribery charges. Prosecutors allege he advanced decisions favorable to Bezeq in exchange for favorable coverage on the Walla news site. Netanyahu denies all charges, which include fraud, breach of trust, and bribery. The judges had previously recommended the prosecution consider dropping the bribery charge in Case 4000 due to evidentiary challenges, a recommendation the prosecution has not yet acted upon.

The court's unusual step of demanding a direct conversation with Baharav-Miara, who was not in office during the initial investigations, is intended to clarify the prosecution's position and future conduct of the case. This differs from the standard procedure where prosecutors represent the state, and the Legal Advisor is not typically required at every hearing. The judges stressed that the closed session would include all parties to ensure a balanced dialogue, not a one-sided discussion or a witness examination.

Separately, efforts towards a plea deal continue, with President Herzog having proposed negotiations in April 2026. The prosecution claims readiness for dialogue, while the defense's position on potential terms remains unclear. The court's initiative and the President's mediation are distinct processes, with the judges aiming to expedite the trial before Presiding Judge Rivka Friedman-Feldman's term ends in March 2028. The trial, which began in May 2020, involves multiple cases and extensive evidence, and previous attempts at mediation or plea deals have not yet concluded the proceedings.