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Trial of Benjamin Netanyahu

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Not to be confused with International Criminal Court arrest warrants for Israeli leaders or South Africa's genocide case against Israel.
Netanyahu about to give testimony as a defendant, December 2024
Netanyahu (seen here in 2023) served as Prime Minister of Israel from 1996 to 1999, from 2009 to 2021 and from 2022 onwards.
Arnon Mozes, accused of attempted bribery in Case 2000

The trial of Benjamin Netanyahu, also known as the Netanyahu-Elovitch-Moses Trial or the Publisher's Trial, began following investigations into allegations of bribery, fraud, and breach of trust by him and close political allies within his inner circle during his fourth and fifth terms as Israel's prime minister. The Israel Police began investigating Netanyahu in December 2016 and subsequently recommended indictments against him.

On 21 November 2019, Netanyahu was officially indicted for breach of trust, accepting bribes, and fraud, leading him to legally relinquish his ministry portfolios other than prime minister. Netanyahu's trial in the Jerusalem District Court began on 24 May 2020, with witness testimony starting on 5 April 2021. The prosecution listed 333 witnesses.[1] The prosecution rested in July 2024, and defense, starting with Netanyahu's testimony, began in December 2024.[2]

Overview

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There are three separate cases being brought against Netanyahu. Case 1000, opened in December 2016, involves valuable gifts and presents that Netanyahu and his wife received from two wealthy businessmen over the years. In Case 2000, recorded conversations between Netanyahu and Arnon Mozes [he], the chairman and editor of Yedioth Ahronoth, one of the largest newspapers in Israel, were discussed. They talked about the possibility of legislation that could harm Israel Hayom, Yedioth's major competitor. Case 4000 relates to the relationship between telecommunications company Bezeq and its regulator, the communication ministry, which was headed by Netanyahu at the time.

On 21 November 2019, Netanyahu was officially charged with fraud and breach of trust in Cases 1000 and 2000, and with fraud, breach of trust, and receiving bribes in Case 4000.[3]

Case 1000

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In Case 1000, Netanyahu is accused of having a conflict of interest while he was the Minister of Communications and handled affairs related to Arnon Milchan's business interests. The prosecution alleges that Netanyahu received expensive cigars and champagne worth $195,000 from Milchan and James Packer, a friend of Milchan's, over a period of 20 years, as well as jewelry for Netanyahu's wife Sara worth $3,100.[4][5] The charges cite three separate incidents in which Netanyahu allegedly assisted Milchan:

As per the allegations, in 2013, Prime Minister Netanyahu actively advocated for the extension of tax exemptions for returning residents, a measure that held significant financial advantages for Milchan. It is alleged that he engaged with officials from the Ministry of Finance on this matter. However, they opposed the initiative, citing its inconsistency with national interests, leading to the denial of the exemption extension.[6]

As per the allegations, in the years 2013-2014, Netanyahu asked John Kerry on three separate occasions, to help Milchan in securing a US Visa.[7][8]

As per the allegations, in 2015, Netanyahu instructed the director general of the Ministry of Communications, Shlomo Filber [he], to aid Milchan in regulatory matters. This directive was related to a merger deal between the communications companies Reshet and Keshet, with the aim of ensuring the profitability of an investment that Milchan was considering.[9][10]

Case 2000

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Case 2000 (also known as the Netanyahu-Mozes affair) is a criminal investigation that concerns the relationship between Netanyahu and the publisher and controlling owner of Yedioth Ahronoth, Arnon Mozes [he].[11] The investigation was conducted by the National Fraud Investigation Unit of the Israeli Police beginning in January 2017. As per the allegations, Mozes offered Netanyahu a significant change for the better in the way Netanyahu and his family members are covered in Yedioth Ahronoth, and a change for the worse in the way his political opponents are covered. In exchange Netanyahu should be using his influence to promote legislation that would impose restrictions on Israel Hayom and bring significant financial benefits to Mozes and his businesses.[12][13]

In November 2019, Attorney General Avichai Mandelblit announced that he had decided to file an indictment against Netanyahu for fraud and breach of trust and against Moses for attempted bribery.[14] The trial began In May 2020.

Case 4000

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Case 4000 involves the communication conglomerate Bezeq. The investigation focused on allegations that Netanyahu had promised regulatory changes that would be favorable to the business interests of Shaul Elovitch, the owner of Bezeq, in exchange for positive coverage of Netanyahu and his family by Elovitch's news website, Walla!. Netanyahu was charged with fraud, breach of trust, and bribery in this case. Elovitch was also charged with bribery.[15] The charges against Netanyahu include receiving bribes and acting in a conflict of interest as Minister of Communications. The Israeli police recommended bribery charges against Netanyahu in December 2018.[16] On 21 November 2019, Israeli attorney general Avichai Mandelblit officially brought charges against Netanyahu and Elovitch.

During the 2023 Israeli judicial reform protests, Netanyahu removed Defense Minister Yoav Galant from his post on 26 March 2023. After this, Boaz Ben Zur, Netanyahu's lawyer in Case 4000, told Netanyahu he would quit if Netanyahu did not stop the proposed legislation.[17]

Protests

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Further information: 2020–2021 protests against Benjamin Netanyahu, 2023 Israeli judicial reform protests, and 2024 Israeli protests

In September 2017, protesters started holding weekly Sunday rallies in Petah Tikva for 41 consecutive weeks, protesting what they perceived as interference with the investigations and delays by Attorney General Avichai Mandelblit.[18][19] In addition, rallies against government corruption were held in Tel Aviv's Rabin Square. As Netanyahu remained in power despite being formally charged, the protests grew substantially in 2020 and 2021. These protests would later be linked to the 2023 demonstrations that were sparked by a proposed judicial reform, and a number of protests that occurred after the onset of the Israel–Hamas war.

Indictment

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On 19 December 2018, Israeli State Prosecutor Shai Nitzan recommended to Israeli attorney general Avichai Mandelblit that Netanyahu be indicted.[20] On 20 December 2018, Israeli Attorney General Avichai Mandelblit said he would "work quickly" on the case, but "not at the expense of quality decisions and professionalism".[21]

On 28 February 2019, the Supreme Court of Israel rejected a motion filed by Netanyahu's Likud Party to stall the publication of the attorney general's recommendations.[22][23] The same day, Mandelblit announced that he had accepted police recommendations to indict Netanyahu on three of the charges and that the indictment will officially go into effect following a hearing.[24][25]

The hearing took place in October 2019, and on 21 November, Netanyahu was indicted in cases 1000, 2000, and 4000 for charges including breach of trust, accepting bribes, and fraud.[26][27][28]

As a result of the indictment, Netanyahu was legally required to relinquish of his ministry portfolios other than prime minister.[29][30]

Immunity bid

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Netanyahu submitted a request for immunity to the parliamentary speaker, Yuli Edelstein, on 1 January 2020.[31] Many MKs, including Avigdor Lieberman of Yisrael Beiteinu, Benny Gantz of Blue and White, and Stav Shaffir of the Green Party, criticized the request. Lieberman called for the Knesset to bring back committees that had been dissolved (and also indicated that his party would vote against a bid for immunity); without a Knesset committee, there would be no action on Netanyahu's immunity until after the March election.[32] According to The Times of Israel columnist Raoul Wootliff, the election had in effect become a race to gain enough seats so that Netanyahu can successfully request immunity from over half of the MKs.[33] Knesset legal advisor Eyal Yinon ruled on 12 January 2020 that there was no impediment to forming a Knesset committee that could prevent Netanyahu from receiving immunity. If his immunity bid was not accepted, his trial could begin.[34] Such a committee was formed the next day.[35] Consequently, Netanyahu withdrew his bid for immunity on 28 January 2020; the charges against him were thus officially confirmed and filed in Jerusalem District Court on the same day.[36]

Prelude to the trial

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On 18 February 2020, the Justice Ministry announced that Netanyahu's trial would start in the Jerusalem District Court on 17 March 2020.[37]

On 9 March 2020, Netanyahu filed a motion to delay the trial for 45 days.[38] On 10 March, the court rejected this bid and affirmed the original trial date.[39] However, on 15 March 2020, the beginning of the trial was pushed back until 24 May as a result of coronavirus-related restrictions.[40] The Jerusalem District Court ordered Netanyahu to appear in person at the opening of his trial.[41]

Trial

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The trial began on 24 May 2020, in the Jerusalem District Court, with judges Rivka Friedman-Feldman, Moshe Bar-Am, and Oded Shaham presiding, and Friedman-Feldman serving as the lead judge. The prosecution team is headed by Deputy State Attorney Liat Ben-Ari, along with Yonatan Tadmor, Deputy Chief of the Tel Aviv District State Attorney's Office Economic Crimes Division, and Yehudit Tirosh, Director of the Securities Department of the Israel Securities Authority.[42] Netanyahu's defense team initially included Amit Hadad, the chief defense attorney, along with Noa Milstein, Avichai Yehosef, and Yair Leshem, with Micha Fettman also on the team. However, Fettman left the defense team after the first hearing and was replaced by Yossi Segev,[43] and Boaz Ben-Tzur joined the team after the second hearing.[44]

The trial had four preliminary hearings in 2020.[45] At the first hearing, Netanyahu and three other defendants, Shaul Elovitch, Iris Elovitch, and Arnon Mozes, were present, and the judges read out the charges. Netanyahu was exempted from appearing at most subsequent hearings.[45][46] On 5 April 2021, the trial moved into the phase of hearing witness testimonies.[47] In early 2022, reports surfaced about negotiations for a possible plea bargain, but that did not materialize.[48] In April 2023, the prosecution and defense reached an agreement to cut non-essential prosecution witnesses, so as to reduce the number of prosecution witnesses who testify to around 60; with this agreement, the phase of hearing prosecution witnesses is expected to end in the first half of 2024.[49][50]

Three former confidants of Netanyahu were implicated in criminal charges, and agreed to serve as state witnesses as part of plea bargain agreements: Shlomo Filber, the former director of the Ministry of Communications,[51] Nir Hefetz, a former advisor,[52] and Ari Harow, Netanyahu's former chief of staff.[53] Other key witnesses include Ilan Yeshua, former CEO of Walla! News,[54] Hadas Klein, Milchan's personal assistant who was in charge of purchasing and supplying the alleged illegal gifts and Arnon Milchan himself.[55] Milchan's testimony, which took place in late June and early July 2023, took place via video from Brighton, United Kingdom, as he was allowed to be absent from appearing in person due to alleged health concerns. Some have posited that the likely reason for Milchan's refusal to come to Israel to testify, was fear of prosecution over abuse of special tax status granted to him, for which he failed to fulfil the conditions. During his testimony Milchan refuted the unsubstantiated claims of Hadas Klein. Prior to Milchan's testimony, in a private meeting with the prosecution and the defense, the judges suggested that the bribery charges may be difficult to prove, and implored the prosecution to withdraw the bribery charge.[56][57] However the prosecution refused to do so. During the defense case, defense attorneys questioned the inclusion of instances where the prosecution failed to allege specific knowledge or instruction from Netanyahu to remove, post or alter posts on the Walla website as "bribes". The prosecutor in the courtroom Yehudit Tirosh (lead prosecutor, the Deputy State Attorney Liat Ben-Ari hasn't been at the courtroom) asked the judges for time "to calmly read the indictment prior to responding". After a weekend break the prosecution submitted a brief in which they claimed to stand by their bribery charge, claiming that Netanyahu had a "general knowledge and understanding" that requests coming from his circles would be accommodated, and that is sufficient to prove his intent in requesting a bribe. A hearing regarding this claim by the prosecution is scheduled for Wednesday, December 25th, 2024.

On December 5, 2023, trial judges agreed to reduce the number of court hearings to two days a week due to the security concerns related to the ongoing Israel–Hamas War.[58] At the end of December 2023, it was decided that the number of days would increase to four in February 2024.[59] In January they announced that there would be 3 days of discussions starting on the 22nd of that month.[60] Former Israeli minister Tzipi Livni testified March 20, 2024, that she was surprised in 2014 when Netanyahu allowed ministers to vote as they saw fit a law that would have harmed the ardently pro-Netanyahu free newspaper, Israel Hayom, allegedly in exchange for better coverage by Yedioth Ahronoth.[61]

The prosecution rested in July 2024. Netanyahu's testimony is scheduled to begin on December 2, following a request from the defense to postpone his testimony so as to give him time to prepare.[62] On November 10, the defense filed another motion to postpone the testimony, by 10 additional weeks, until the end of February 2025; on November 13, the court denied the motion and ruled that the testimony should start on December 2 as scheduled.[63]

See also

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References

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  1. ^ "333 איש, כולל לפיד וארדן: מנדלבליט פירסם את רשימת העדים המלאה נגד נתניהו". TheMarker. Retrieved 25 May 2023.
  2. ^ "N12 - בית המשפט המחוזי קבע: עדות נתניהו תחל ב-2 בדצמבר". N12. 9 July 2024. Retrieved 20 October 2024.
  3. ^ Krever, Mick (26 December 2024). "Accusations of genocide. Charges of corruption. But improbably, Netanyahu had a good year". CNN.
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  5. ^ Judy Maltz (5 September 2017). "Explainer All the Scandals Involving Netanyahu, and Where They Stand". Haaretz. Archived from the original on 28 February 2018. Retrieved 28 February 2018.
  6. ^ "This Israeli Hollywood Mogul Didn't Pay Taxes for a Decade. Here's How". Haaretz. Retrieved 22 November 2023.
  7. ^ "'Netanyahu asked Kerry 3 times to help his benefactor Arnon Milchan with US visa'". Times of Israel.
  8. ^ "I routinely gave Netanyahu gifts, Hollywood producer tells Israeli court". The Guardian. Associated Press. 25 June 2023. ISSN 0261-3077. Retrieved 22 November 2023.
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  13. ^ "Benjamin Netanyahu: What are the corruption charges?". 28 February 2019. Retrieved 24 November 2023.
  14. ^ "בית-הדין לאתיקה של מועצת העיתונות מורה ל"ידיעות אחרונות" להשעות את נוני מוזס". העין השביעית (in Hebrew). 29 December 2020. Retrieved 24 November 2023.
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  48. ^ Report: Prosecutors could close Case 2000, nix Netanyahu bribery charge in plea deal
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  51. ^ סניור, אלי (21 February 2018). "עד המדינה פילבר: "תמרנו אותי, לא קיבלתי טובות הנאה"". Ynet (in Hebrew). Retrieved 14 April 2023.
  52. ^ לוי, זוהר שחר (5 March 2018). "דרמה בחקירות נתניהו: ניר חפץ חתם על הסכם עד מדינה". כלכליסט - www.calcalist.co.il. Retrieved 14 April 2023.
  53. ^ Hovel, Revital. "Former Netanyahu Aide Ari Harow Reaches Deal to Become State's Witness". Haaretz. Retrieved 14 April 2023.
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  55. ^ גרינצייג, אבישי (14 March 2021). "זה סדר העדים בתיק 1000: הדס קליין בראש, ארנון מילצ'ן בסוף". Globes. Retrieved 14 April 2023.
  56. ^ ToI Staff. "Judges in Netanyahu trial confirm suggesting prosecution drop bribery charge". www.timesofisrael.com. Retrieved 2 July 2023.
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  58. ^ "Judges in Netanyahu Corruption Trial Accept Reduction of Hearings Due to War". Haaretz. 5 December 2023. Retrieved 6 December 2023.
  59. ^ שפיר, ניצן (25 December 2023). "השופטים במשפט נתניהו: החל מפברואר נקיים 4 ימי דיונים בשבוע". Globes. Retrieved 30 December 2023.
  60. ^ מורג, גלעד (8 January 2024). "השופטים במשפט נתניהו חזרו בהם: בשלב זה - 3 דיונים בשבוע". Ynet (in Hebrew). Retrieved 8 January 2024.
  61. ^ Jeremy Sharon (20 March 2024). "Livni testifies at Netanyahu corruption trial she was surprised by PM's sudden change of view on newspaper law". The Times of Israel. Wikidata Q125145096.
  62. ^ "N12 - בית המשפט המחוזי קבע: עדות נתניהו תחל ב-2 בדצמבר". N12. 9 July 2024. Retrieved 20 October 2024.
  63. ^ {https://www.haaretz.co.il/news/law/netanyahutrial/2024-11-13/ty-article/.premium/00000193-2425-de28-abdb-a4a54b9c0000}
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