Netanyahu Defense Seeks to Void Charges Using 'Defense from Justice' Plea

Prime Minister Benjamin Netanyahu's defense team is building a legal strategy based on the "defense from justice" argument, which could lead to the cancellation of indictment charges. This move follows eight days of testimony from former Attorney General Avichai Mandelblit, during which significant discrepancies emerged between the investigation approvals he granted and the actions taken by police investigators.

The defense aims to demonstrate that law enforcement agencies acted unusually, potentially harming the fairness of the criminal proceedings. They are focusing on dramatic actions taken without Mandelblit's prior approval, a controversial investigation tactic against former advisor Nir Hefetz, allegations of withholding exculpatory information, and serious gaps between actual decisions and presented evidence.

Netanyahu's lawyer, Amit Haddad, argued that Mandelblit himself testified about investigation actions carried out behind his back and decisions made without his knowledge. He contends that these cumulative irregularities form a basis for the "defense from justice" doctrine due to fundamental flaws in investigators' conduct and information handling.

During the proceedings, Judge Moshe Bar-Am questioned the prosecution's attempt to limit Mandelblit's testimony, noting that the former AG admitted to actions relevant to the defense's claim. Another judge, Friedman Feldman, challenged the legal presumption that all investigation materials were automatically available to the decision-maker, pointing out that Mandelblit may not have seen crucial exculpatory information.

The defense also highlighted Mandelblit's criticism of the controversial investigation tactic used against state witness Nir Hefetz, which involved summoning a woman close to him to exert psychological pressure. Mandelblit described the tactic as improper and stated he was unaware of a meeting where it was planned, despite his approval of Hefetz's state witness agreement.

Further issues raised include the defense's claim that critical phone location data, which could have refuted claims about a meeting between Netanyahu and Filber, was withheld from Mandelblit. The defense argues that if the authorized official was misled about the circumstances of witness recruitment, it severely undermines the legal validity of the decisions and supports their "defense from justice" claim.