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Netanyahu’s 2nd court appearance in graft trial set for February 8

Original hearing planned for Wednesday was postponed due to nationwide lockdown, renewing allegations the prime minister manipulated virus response to suit his needs

Prime Minister Benjamin Netanyahu (right) on trial at the District Court in Jerusalem on May 24, 2020. (Amit Shabi/POOL)
Prime Minister Benjamin Netanyahu (right) on trial at the District Court in Jerusalem on May 24, 2020. (Amit Shabi/POOL)

A much-anticipated court hearing in the corruption trial of Prime Minister Benjamin Netanyahu, which he and the other defendants are required to attend, is set to take place on February 8, the Jerusalem District Court announced Monday.

The development came after the court said Friday that the hearing, originally set for the coming Wednesday, would be postponed due to the nationwide lockdown.

The hearing is set to focus on Netanyahu’s response to the criminal indictment against him. It was set to be the second time Netanyahu attends a hearing in the case.

The panel of three judges overseeing the case, Rivka Friedman-Feldman, Moshe Bar-Am and Oded Shaham, said in their decision Friday that the hearing would be delayed in light of a statement a day earlier by the Courts Administration that allows judges to decide whether individual hearings can go ahead as planned, and since many people — court staff, lawyers, journalists and likely protesters — intended to take part or converge near the court.

Earlier in January, the judges rejected a request by Netanyahu’s lawyers to delay the hearing for reasons relating to the case itself.

Judges Moshe Bar-Am, Rebecca Friedman-Feldman and Oded Shaham, L-R. (Justice Ministry)

The prime minister’s defense team had asked for more time to respond to the recently resubmitted indictments and to Attorney General Avichai Mandelblit’s acknowledgment that he had not authorized the criminal probes against the premier in writing, but only verbally.

The Jerusalem court, in its decision last week, rejected the defense team’s request to postpone the heading. But the court also signaled a potential problem in the prosecution’s case by ordering the attorney general to hand over “without delay” documents proving he had authorized opening a criminal investigation into the premier.

The attorney general had referred to internal documentation from meetings that underlined his approval of the investigations, but didn’t attach those documents to his response to the court, the judges noted.

Attorney General Avichai Mandelblit holds a press conference at the Justice Ministry in Jerusalem announcing his decision to indict Prime Minister Benjamin Netanyahu, November 21, 2019. (Hadas Parush/Flash90)

The attorney general must hand over that evidence “without delay,” the ruling said, adding that the state can redact confidential information.

On Thursday evening, prosecutors handed Mandelblit’s approval documents to Netanyahu’s lawyers as demanded by the court, including the okay to open the various probes and investigations and to question Netanyahu under caution, Hebrew-language media reported.

Tel Aviv Mayor Ron Huldai, who recently formed a new political party running in the upcoming elections, attacked acting Justice Minister Benny Gantz on Friday for caving to Netanyahu, after Gantz said several weeks ago that he wouldn’t allow the premier to manipulate the lockdown timing to affect his own trial hearing.

Huldai’s No. 2 in the new The Israelis party is Avi Nissenkorn, the previous justice minister, who resigned and left Gantz’s Blue and White party.

Tel Aviv Mayor Ron Huldai and Justice Minister Avi Nissenkorn, December 29, 2020. (Screenshot: YouTube)

“Not two weeks have passed since Nissenkorn left the Justice Ministry, and the Netanyahu trial is delayed. Gantz isn’t missing an opportunity to cave to Bibi. We will put the country back on track,” Huldai said, using Netanyahu’s nickname.

Nissenkorn himself tweeted: “As justice minister I didn’t cave and I issued orders that kept the courts open during lockdowns as well. Democracy doesn’t come to a stop during emergencies. Israelis deserve a leadership that can be trusted.”

Gantz said in a statement that the court’s decision was “more proof that Israel’s justice system is independent and isn’t persecuting Netanyahu.” He said Netanyahu should be ousted in the coming March 23 elections due to the corruption cases.

A day earlier, the Courts Administration said that non-urgent or small-scale cases will be postponed unless the judges decide a specific hearing is time-sensitive, and that any judge can use their judgment to delay a specific hearing.

Netanyahu faces charges of bribery, fraud and breach of trust in Case 4000, which involves suspicions that Netanyahu granted regulatory favors benefitting Shaul Elovitch, the controlling shareholder of Bezeq telecoms, in exchange for positive coverage of the prime minister and his family from the Bezeq-owned Walla news site. Elovitch and his wife, Iris, also face bribery charges in the case.

Netanyahu also faces charges of fraud and breach of trust in Case 1000 as well as in Case 2000. The former involves suspicions Netanyahu illicitly accepted some $200,000 in gifts such as cigars and champagne from two billionaires — Hollywood-based Israeli movie mogul Arnon Milchan and Australian magnate James Packer.

In Case 2000, Netanyahu is accused of attempting to reach a quid pro quo with Yedioth Ahronoth publisher Arnon Mozes for positive media coverage in exchange for legislation weakening rival newspaper Israel Hayom. Mozes was charged with bribery in the case.

His lawyers have repeatedly moved to delay and discredit the proceedings, filing complaints against the prosecution, alleging “criminal tactics” had been used against them, calling for changing the indictment against the prime minister, and claiming that police investigators had used illegitimate means to secure evidence, thus disqualifying the charges.

Netanyahu’s trial opened in May. Though the prime minister attended the first hearing, he was granted an exemption from appearing at later, largely procedural stages of the trial.

Netanyahu, who is the first Israeli premier to be indicted while in office, denies any wrongdoing and has railed against the courts, prosecution, and media for what he terms a “witch hunt.”

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