Netanyahu corruption trial postponed until February

Witnesses could be called during election campaign

The Jerusalem District Court on Tuesday postponed the start of the public corruption trial against Prime Minister Benjamin Netanyahu until February in light of ongoing evidentiary disputes between the prosecution and the defense.

The trial had been scheduled to start in January.

While the postponement seems like a modest victory for Netanyahu, who has consistently tried to push back the stage at which witnesses will be called, there was no indication from the court that there would be more delays.

If the trial proceeds according to a February calendar, it could fall in the middle of an election campaign.

However, the court did not postpone the upcoming deadlines of November 29 for the defense to file motions to dismiss the case on broad legal grounds without need for witnesses ( motions the court is expected to reject) or the December 6 pre- trial hearing of those motions.

But in view of the evidentiary disputes, the court did push back the submission of a formal and final answer by Netanyahu and other defendants to the indictments against them to January 4.

On November 19, Jerusalem District Court Judge Rivkah Friedman- Feldman endorsed a request by Netanyahu to have certain pretrial evidentiary disputes heard by a different panel of judges.

Friedman- Feldman’s decision kept the trial and certain pretrial evidentiary issues under her purview, but specifically, it moved any issues that require a hearing out of the presence of Netanyahu’s defense lawyers to another panel.

Friedman- Feldman referred the handling of the other panel of judges to Jerusalem District Court President

Aharon Farkash, who has yet to select the new panel.

It is unclear whether Netanyahu’s trial could be further delayed if Farkash does not act soon, or whether the separate panel issues may be handled in a period of weeks.

At a November 15 pretrial hearing, Friedman- Feldman seemed opposed to transferring any issues to another panel.

However, she later explained that she had altered her position after hearing from the state prosecution that some of the evidence in dispute could reflect poorly on Netanyahu and the other defendants in the cases.

Under a special process, the prosecution, without the defense in the room, will present the disputed evidence before this second judicial panel.

The second judicial panel will then decide whether the

“Clearly, [ the progressives] want to be included,” he said. “They want a number of high- level appointees who reflect their views. They have submitted a detailed list of potential candidates for all the senior positions in the government. And I think there’s no doubt that some of the positions will go to people individually supported by progressives.”

Galston explained that Biden would need to balance between the different factions within the party, both in appointments and executive actions. He noted that because Biden was brought to power on the shoulders of a broad coalition, his cabinet and other senior appointments are going to have to reflect the complexity and diversity of that coalition.

“I can’t tell you which positions will go to which people, but I would be very surprised if his cabinet selections were all moderates and no progressives,” he said.

However, speaking about the impact of the progressives on legislation, Galston predicted that “it will probably not be very great” in the next two years, unless Democrats pull an upset in the Georgia runoff elections in January.

“If they do, they would control the US Senate by the narrowest possible margin, and might be in a position to incorporate some progressive demands into legislation if all 50 Democratic senators agree, which is by no means inevitable.”

Halie Soifer, executive director for the Jewish Democratic Council of America, said that as Biden develops his legislative agenda, he will continue to bridge policy differences within the Democratic Caucus and ensure all voices are heard.

“Progressive Democrats were a part of the largest political coalition in American history that elected Joe Biden,” she said. “But no one segment of this coalition will change Joe Biden’s views.”

According to Soifer, Biden has made his policy positions clear throughout his career, in his campaign and in the Democratic Party Platform, “which was unanimously adopted this summer and underscores Democrats’ strong support of Israel.” She said Biden will continue to surround himself “with leaders who share his values, including on Israel, as demonstrated by his national security appointments.”

SOME REPORTS indicated that Biden could name senators Bernie Sanders or Elizabeth Warren to cabinet positions, such as secretary of labor or head the Department of Health and Human Services.

Sanders did not hide his desire to get the job, telling AP that he would like “to focus on the many crises facing working families in this country.” He added it would be “enormously insulting” if Biden “ignored the progressive community.”

However, some Democratic insiders speculated that given that the two represent Vermont and Massachusetts, it is unlikely the presidentelect would appoint them. The reason is that both states have a Republican governor, and when a sitting senator leaves his seat, the governor is the one who appoints an interim successor.

Sanders told AP that Vermont Gov. Phil Scott has promised to fill the seat with an independent whom Democrats like.

Mark Mellman, president and CEO of Democratic Majority for Israel, said the administration will be like the campaign.

“There were some issues where Joe Biden had very different views than the far Left – like Israel and healthcare – and he took them on and beat them. He beat them to the nomination and beat them on the platform,” he said.

“There are other issues like climate change and COVID, where there was more common ground and Biden incorporated their ideas and made compromises,” he continued. “And I think that’s what we will see in the administration. Biden will work with the far Left of the party where he can and follow his own North Star where he has to.” • evidence is relevant and must be given to the defense, or whether it will remain classified, or privileged, and kept out of the trial.

Friedman- Feldman wanted to avoid exposure to evidence which could demean Netanyahu and other defendants, while at the same time coming to a conclusion that the evidence could not be admissible during the trial anyway.

This would have left her potentially unnecessarily prejudiced against Netanyahu and the defendants given that judges are directed only to view evidence that is admissible at trial.

The special issues before the panel, and without the defense present, will likely involve a woman who was not Nir Hefetz’s wife but with whom he was romantically involved, and who the police brought to confront him.

Hefetz is a former top aide to Netanyahu turned star state’s witness in Case 4000, the Bezeq- Walla Affair.

They may also relate to any negotiations between the prosecution and other former aides of Netanyahu turned state’s witnesses, Shlomo Filber and Ari Harow, as well as key witness and former Walla CEO, Ilan Yeshua. •