“THEY WENT BEHIND YOUR BACK”: Netanyahu Attorney Confronts Former AG Over Investigations Conducted Without His Approval
Former Israeli Attorney General Avichai Mandelblit acknowledged Monday that investigators pursued certain investigative steps connected to the corruption case against Prime Minister Binyamin Netanyahu without his knowledge, as a heated courtroom confrontation raised new questions about whether authorities exceeded their authorization while building Case 4000.
The dramatic exchanges unfolded during Mandelblit’s second day of testimony at the Yerushalayim District Court, where Netanyahu’s attorney, Amit Hadad, challenged the former attorney general over investigative actions taken in 2017, months before formal authorization was granted to investigate the prime minister in the Bezeq-Walla affair.
Hadad presented documents, correspondence and investigative records that he argued demonstrated that Securities Authority investigators were already pursuing allegations involving Netanyahu while operating under the authority of a separate investigation into the Bezeq telecommunications company.
According to the defense, investigators used the Bezeq inquiry to gather evidence concerning Netanyahu before receiving the legally required approval to investigate a sitting prime minister.
Hadad confronted Mandelblit with a memorandum indicating that the relevant authorization process began in October 2017, several months after investigators had already collected materials that would later become central to Case 4000.
When asked whether authorization had been granted to investigate Netanyahu in June 2017, Mandelblit acknowledged that the memorandum suggested it had not.
Hadad argued that investigators had effectively developed the case without informing the official whose approval was required.
The defense attorney also questioned Mandelblit about a 2015 newspaper article alleging that Netanyahu had received favorable coverage from the Walla news website in exchange for regulatory benefits benefiting businessman Shaul Elovitch, who controlled Bezeq and Walla.
Mandelblit said he was aware of the article but could not recall whether he had read it when it was published. He acknowledged learning later that the article had helped prompt investigative interest in the allegations.
Hadad then presented records indicating that investigators had collected Walla articles and other materials connected to the allegations during the summer of 2017.
Mandelblit said he had not been informed of several of those actions and explained that an attorney general does not personally authorize every individual document collection or investigative step.
However, he emphasized that any deliberate investigation targeting a sitting prime minister would have required his approval.
The questioning also focused on emails involving former Walla CEO Ilan Yeshua and Ze’ev Rubinstein, an associate of Netanyahu and Elovitch, which investigators had reportedly obtained during the Bezeq investigation.
Hadad argued that the correspondence concerned allegations involving Netanyahu rather than the original Bezeq investigation and therefore should not have been collected without additional authorization.
Mandelblit responded that he had not approved an investigation of Netanyahu at that stage, although he stressed that he did not personally supervise the collection of every email.
The former attorney general also acknowledged that he had not been aware of certain search warrants and investigative materials presented by the defense.
Hadad questioned him about a search involving Iris Elovitch’s telephone and whether investigators had exceeded the scope of the original Bezeq inquiry.
Mandelblit said he did not recall the particular warrant and explained that the underlying Bezeq investigation did not initially fall into the category of investigations requiring his personal authorization.
Prosecutor Yehudit Tirosh strongly objected to Hadad’s interpretation, arguing that the materials were obtained as part of a legitimate investigation into Bezeq and its controlling shareholder.
She disputed the defense’s assertion that the collection of those materials constituted an unauthorized investigation of Netanyahu.
The defense also raised questions about the dates on which certain documents had been collected and subsequently entered into investigative records.
Hadad alleged that materials gathered in July 2017 were formally marked as evidence only in November, creating what the defense described as a misleading impression about when the information had actually been obtained.
Tirosh rejected the allegation that the documents had been deliberately misdated or concealed.
Another significant exchange concerned instructions reportedly issued to investigators in July 2017 directing them to avoid asking specific questions about Netanyahu or then-minister Tzachi Hanegbi.
Hadad argued that investigators nevertheless pursued information concerning Netanyahu indirectly, without explicitly mentioning his name.
Mandelblit said he had not been familiar with the particular instructions and indicated that deliberately circumventing restrictions in that manner, if established, would be problematic.
The former attorney general also faced questions about discussions involving investigators and prosecutors concerning the possibility of securing the cooperation of Shlomo Filber, a former senior Communications Ministry official who later became a state witness.
Hadad presented material concerning discussions about the potential terms of Filber’s cooperation, suggesting that investigators had considered what benefits might be offered in exchange for information.
Mandelblit said he was unfamiliar with some of the specific conversations but explained that discussions about possible cooperation agreements could involve assessing the value of information a witness might provide.
Throughout the questioning, Mandelblit repeatedly distinguished between investigative actions requiring his approval and routine investigative procedures handled by police, prosecutors and other authorized officials.
He maintained that although certain actions had not been brought to his attention, that did not necessarily establish that investigators had acted unlawfully.
Mandelblit also rejected the suggestion that prosecutors had deliberately concealed information from him, saying he would be very surprised if such conduct had occurred.
The courtroom proceedings became increasingly tense as Hadad pressed the former attorney general over discrepancies between his recollection and the investigative records.
At one point, Mandelblit complained about remarks directed toward him from individuals attending the hearing, prompting a sharp exchange with Hadad.
The confrontation eventually became heated enough that the proceedings were briefly interrupted.
Monday’s testimony followed Mandelblit’s appearance Sunday, when he acknowledged that investigators had undertaken certain serious actions without his personal approval.
The defense has sought to establish that the investigations leading to Netanyahu’s indictment were compromised by procedural irregularities and unauthorized investigative activity.
Prosecutors maintain that the investigations were conducted lawfully and that the defense is mischaracterizing investigative procedures and the scope of the approvals that were required.
Case 4000 concerns allegations that Netanyahu provided regulatory benefits to Bezeq’s controlling shareholder in exchange for favorable coverage on the Walla news website. Netanyahu has denied wrongdoing and maintains that the charges against him are unfounded.
Mandelblit, who served as attorney general from 2016 until 2022, authorized the investigations that ultimately led to Netanyahu’s indictment in Cases 1000, 2000 and 4000.
His testimony is particularly significant because he was called as a witness by Netanyahu’s defense, which is attempting to establish that critical investigative decisions were made without the knowledge or approval of the official legally responsible for authorizing investigations of a sitting prime minister.
The court has not determined that the disputed investigative actions were unlawful, and the legal significance of the evidence presented during the cross-examination remains contested.
