Attorney General Mandelblit: "functional" fortification might result from Netanyahu's trial

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by Ifi Reporter Category:Law Apr 19, 2021

Attorney General Avichai Mandelblit did call on the High Court to reject the petition of the Movement for Quality of Government, which demanded the declaration of the prime minister's imprisonment due to his criminal trial, but the saga of the imprisonment is just beginning. , Which may lead to imprisonment.
The adviser pointed to two main parameters that could lead to Netanyahu's imprisonment.
The first parameter: "functional" fortification resulting from his involvement in the trial against him. "The possibility cannot be ruled out categorically that in exceptional concrete circumstances, a cause of functional incarceration will arise resulting from the prime minister being charged with a crime," the attorney general's response read. Mandelblit noted that in Netanyahu's trial, the judges ruled that they did not oblige the prime minister to appear at the trial, and therefore this parameter does not exist for the time being.
The second parameter is public trust. In this case, Mandelblit states that the problem stems from Netanyahu's own personal attacks on the law enforcement system and prominent figures in it. In this parameter, Netanyahu is approaching Mandelblit's border.
"In the Attorney General's position, the defendant's compliance with serious offenses related to moral purity, whose trial is currently underway in the Jerusalem District Court, headed by the Prime Minister - who is required to appoint key officials in the law enforcement system and the judiciary - does raise significant difficulties." The consultant writes. Not just difficulties but "significant" difficulties.
Will the adviser's signal cool Netanyahu? Will he lead the prime minister to convert his personal attacks into attacks by his "trumpets"? And maybe he will choose to challenge the advisor and raise the bar of attacks? We will not have to wait too long for Oded to discover the answer to these questions.
The public trust parameter is also measured in the general conduct of the Prime Minister. In this context, Mandelblit mentions Netanyahu's refusal to appoint ministers in vacant ministries, especially in the Ministry of Justice.
In response to another petition by the Movement for Morality, which Mandelblit also submitted to the High Court today, he defined the fact that Netanyahu does not appoint ministers to the government as a reality tainted with "extreme improbability." .
The third parameter relates to the conflict of interest arrangement. Mandelblit explains that once it has been determined that the conflict of interest arrangement binds Netanyahu, and the prime minister has stated that he intends to maintain it - there is no problem. The opposite can also be read: if Netanyahu violates the conflict of interest arrangement he accepted with complete reluctance, this parameter will also justify considering a declaration of fortification.
In the bottom line, the counselor reiterates that the totality of the circumstances does not justify a declaration of fortification but does not forget to state again that things are being said "despite the difficulties detailed."
A declaration of the functional or substantial absence of a prime minister is an unprecedented declaration that would have shaken the country. No one expected Mandelblit to announce such an announcement at this time. Given the way Mandelblit allowed Netanyahu to continue to be elected and serve, the attorney general's responses to the High Court today are revolutionary.

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