An attorney general who tiptoes around the corruption of politicians and tends to accept their narrative, needs people around who will protect him from himself and protect the public interest.
State Prosecutor Dorit Beinisch, who stood in former Attorney General Yosef Harish’s way when necessary, is the most prime example of this. But there have been quite a few instances in which state prosecutors balanced the attorney general’s lenience to towards people in high office. Avichai Mendelblit has no such brake when it comes to a plea bargain with former Prime Minister Benjamin Netanyahu.
About a year ago, Mendelbit appointed Amit Isman to the role of state prosecutor, a person very familiar with the cases against Netanyahu. Isman has attended meetings on Netanyahu’s corruption cases dating as far back as the undercover investigation – still, he is the last person who can act as a counterweight to Mendelblit.
Former Prime Minister Benjamin Netanyahu and Attorney General Avichai Mendelblit, in 2016.Ohad Zwigenberg
Isman, whose presence as state prosecutor has not been felt since he took up the post, has tended throughout his career to satisfy authority, sailing in whatever direction he detects that the wind is blowing. He acted as such in meetings about Netanyahu’s corruption cases in the past, and continues to do so today.
Another figure who was involved in the secret talks toward a plea bargain is Liat Ben-Ari, the chief prosecutor in Netanyahu’s corruption trial. Her support for the emerging deal is astounding, considering her record in fighting corruption, which included the Holyland corruption case against former Prime Minister Ehud Olmert and the bribery case against Israeli politician Benjamin Ben-Eliezer. This time, Ben-Ari has not provided proper constraint, and was even a partner in concealing the talks from the people who had worked with her on building the indictments against Netanyahu. Perhaps the personal assaults she endured from the cult surrounding the former prime minister exhausted and weakened her stamina. Over the past two years, she has expressed her desire to resign and free herself from the threats and the security detail a number of times: if a plea deal is signed, she will probably turn in her keys. If Ben-Ari and Isman had had any influence at all on the plea process, it was damage control.
Mendelblit is now contradicting himself. He was the one who said many times in the past that if any cases should not be closed with a plea bargain, it was the cases against Netanyahu–certainly not after Netanyahu verbally attacked him and accused him of framing him and instigating a legal revolt to push him out of office.
At the end of the week, those in Mendelblit’s entourage expressed a great desire to close the cases before the attorney general retires at the end of the month, exhibiting incautious optimism. His close associates defined the state of talks with Netanyahu – a man who inflicted media and political terror on Mendelblit and his associates – as abiding by “a dynamic of no turning back.”
Mendelblit had once showed confidence when it came to Netanyahu’s bribery charge in the Bezeq-Walla case, in which positive news coverage was allegedly exchanged for regulatory favors. The attorney general’s most pessimistic assessment was that Netanyahu would be convicted on two counts of fraud and breach of trust at the end of the trial. Today, he is ready to give this deal to Netanyahu in the middle of the trial.
Benjamin Netanyahu and his lawyers at the Jerusalem District Court. Reuven Castro
In the emerging deal – which is still uncertain – Mendelblit bolsters the claim of Netanyahu’s grass-roots supporters: that the attorney general’s main goal was to remove Netanyahu from power, not to clarify the truth or expose the huge, murky and hidden alliance of interests between publishers and politicians who secretly maintained control in Israel over the last decade.
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Halting the trial necessarily stops the series of important testimonies heard in the district court each week. The deal with Netanyahu could have been considered logical, perhaps, if he was still prime minister. Then, it would have been easier for the deal’s supporters to spin it into “saving the country,” and “protecting democracy.” But for the past few months Netanyahu has been chairman of the opposition, and his return to power seems very far away at this point. The use of these mantras now has a strong charlatan odor about it.
The way the negotiations are being handled is also clumsy: Mendelblit has actually placed himself in Netanyahu’s hands. If the Likud chairman agrees to a hearing on moral turpitude in court, the deal can move ahead. The ball is in Netanyahu’s court. But even if Netanyahu crosses that Rubicon, it’s not certain that the deal will go through.
There may be a tough debate between the parties that will decide what will happen on the day after: Will Netanyahu agree to determine that he accepted benefits in the amount of 700,000 shekels ($225,273)? That he urged Arnon Milchan to by his wife jewellery to the tune of 10,000 shekels? That he ordered Shlomo Filber to complete the purchase of the satellite broadcaster Yes by telecom giant Bezeq and to help Shaul Elovitch in his reform of the wholesale cellular market? That he hid from the state comptroller his close relationship with billionaires? That the Walla news website was subservient to his wishes?
Clearly after both sides have shown their cards, they have a major interest in closing matters. But the stronger desire – to end this battle by winning over hearts and minds – might still end in a blow-up.
