Jerusalem Court Orders Attorney General to Appear in Netanyahu Corruption Trial

The Jerusalem District Court issued an extraordinary order on Thursday requiring Attorney General Gali Baharav-Miara to appear in person to discuss the next steps in Prime Minister Benjamin Netanyahu’s criminal trial. The judicial panel stated that the session is intended to examine different possibilities for how the case should proceed.

The attorney general had previously declined a proposal from the judges to appear on Wednesday, arguing that her presence was unnecessary. However, the court noted that despite her reluctance, they believe it is beneficial for her to attend in person. The judges emphasized that she is the official empowered to make decisions regarding the prosecution of the case.

In a statement, the judges explained that after weighing the attorney general's position, they concluded there is added value in her direct presence. The court has scheduled her appearance for next Wednesday, noting that the session could be conducted behind closed doors if necessary.

This unusual summons comes in the wake of testimony given by Avichai Mandelblit, Netanyahu’s predecessor as attorney general. Mandelblit, who indicted the prime minister in 2020, raised concerns during his court testimony about the manner in which the investigation was conducted and how the decision to indict was ultimately made.

Mandelblit acknowledged in court that the wording of the caution he provided to Netanyahu in 2018 was ambiguous. This ambiguity allowed for a wide probe in Case 4000, which is the most serious charge in the trial. In this case, Netanyahu is accused of taking a bribe in the form of favorable news coverage on the Walla website in exchange for regulatory decisions that benefited the site’s owner, Shaul Elovitch.

The specific wording of the caution is legally significant. If Netanyahu was not explicitly told he was suspected of bribery before being charged, he would not have had a fair opportunity to defend himself against that specific allegation during the investigation phase prior to his indictment.

Furthermore, Mandelblit admitted that he had not reviewed a key part of the indictment in Case 4000 before signing off on it. The Jerusalem District Court has twice recommended that the prosecution drop the bribery charge, most recently in June of this year. However, Baharav-Miara and her prosecutors did not respond to that proposal, a fact the court’s current summons may be connected to.

Netanyahu’s lawyer, Amit Hadad, argued on Wednesday that the attorney general should be summoned even if she does not wish to attend. Hadad stated that he believes the authority certainly exists and that it is appropriate and correct for her to come to court.

The prime minister is currently on trial in three separate corruption cases. He faces charges of fraud and breach of trust in Case 1000 and Case 2000. In Case 4000, he faces charges of receiving a bribe, as well as fraud and breach of trust. Netanyahu has strenuously denied any wrongdoing, arguing that the charges were fabricated in an attempted coup by his political rivals.