Attorney General Must Attend Netanyahu Trial, But Has Options

Attorney General Gali Baharav-Miara is obligated to appear at the trial of Benjamin Netanyahu, following a specific order from the judges, attorney Shashy Guez explained to Maariv. However, Guez clarified that her appearance does not compel her to alter the indictment or agree with the court's position.

"I cannot imagine she wouldn't come. It's illogical. There's a difference between a recommendation and a decision," Guez stated, emphasizing that this is an explicit order, unlike previous court requests. "The very fact that she would refuse it would look very bad. Violating a court order is not something the Attorney General can decide on her own."

Guez stressed that the Attorney General's duty to appear does not require her to concede to the court's stance or engage in a substantive discussion on the issues raised by the judges. She can attend, state that the prosecution's position remains unchanged, and assert that the indictment's content falls under the prosecution's authority. "A court can make decisions, it cannot dictate what is written in the indictment," Guez explained, noting that the authority to determine the indictment's content rests with the prosecution, not the judges.

One option for Baharav-Miara is to attend the hearing and declare that the state does not intend to change its position. In such a scenario, the court can proceed with the trial and render a verdict. Guez added that even if the Attorney General does not answer all questions substantively, it does not necessarily constitute a violation of her duty to appear. She can state, "I came because you issued an order, but you can state your opinion in the verdict. I do not wish to participate in this entire process."

While theoretically Baharav-Miara could petition the High Court of Justice (Bagatz) to avoid appearing, Guez expressed uncertainty about whether she would choose this path. He noted that in criminal proceedings, the ability to appeal interim decisions is very limited compared to civil cases. Ultimately, Guez concluded, the Attorney General must appear in court as long as the order stands, even if she disagrees with the judges or avoids a substantive discussion on their points.