Prime Minister Benjamin Netanyahu argued during his third day of testimony for his media bribery trial that there was no need for a middle man if he wished to interfere in Walla's 2013 election coverage, especially for coverage that was not in line with his political campaign's narratives.
While the prosecution had presented Zeev Rubinstein, a mutual friend of Netanyahu and co-defendant and Walla and Bezeq owner Shaul Elovitch, as the middleman between the prime minister and co-defendant and Walla and Bezeq owner Shaul Elovitch, the defense contended that Netanyahu could have contacted Elovitch directly to facilitate positive coverage on Walla in exchange for policies beneficial to Bezeq.
"If I wanted to contact Elovitch I could have picked up a telephone," said Netanyahu.
It made no sense for the prime minister to work through intermediaries during what Netanyahu said was the "money time" of his political campaign, when every moment counted. When immediate response was required, Rubinstein was in the United States in a different time zone. Further, his friend, who he presented as well-meaning but ill-informed, did not have the necessary understanding of Israeli politics.
"I don't remember that I spoke to Rubenstein once during the campaign," said Netanyahu.
Rubinstein sent eight inquiries to Walla in the days leading up to the election, according to the defense. Netanyahu said he had no knowledge of the inquiries, and the defense noted that his name was not mentioned. One of the eight inquiries was reportedly answered, but the defense said that the rest were not.
Netanyahu said that the testimonies of others reflected that if Rubinstein spoke to Elovitch about Walla's media coverage, he acted of his own accord out of a desire to please the prime minister's wife, Sara Netanyahu. Requests by his wife to change pictures of her used on Walla articles were made of her own initiative, he doesn't have the time to speak to his wife during political campaigns, let alone to make such requests. He also questioned how it would impact the election.
"I don't have time for this," Netanyahu repeated throughout the testimony, casting the idea of policing Walla's coverage beneath him when his campaign was in its twilight.
In the final hours of the campaign, he had no time to speak to Rubinstein or Elovitch about a website he described as of fringe importance. Item by item in the indictment, Netanyahu denied contacting Elovitch.
"I won't say I've never contacted him, but to say that we had some sort of understanding is wrong," said the prime minister.
Defense highlights
The defense highlighted Walla several articles that portrayed Prime Minister Benjamin Netanyahu or the Likud in a negative light at the Monday corruption trial in Tel Aviv, in an attempt to discredit the idea that Netanyahu and Elovitch had a deal for positive media coverage. The defense argued that if there was an agreement, then during the vital period just before the election Walla should have been presenting the most sympathetic articles about Netanyahu.
Netanyahu claimed that some of the articles were damaging for his political campaign. One article lacked a response from a Likud spokesperson, which the prime minister said was the minimum possible for a news outlet. Defense lawyer Amit Hadad questioned, if there was a bribery scheme, why Netanyahu wouldn’t ask Elovitch why the Likud’s position wasn’t included in the article.
“The indictment is collapsing,” said Netanyahu, as there were no requests from him to Walla for favored coverage.
Articles that attacked then-opposition candidate and former Jewish Home leader Naftali Bennett, the defense said, contradicted with the narratives that his campaign attempted to promulgate. One article highlighted Bennet's wife reportedly eating at a non-kosher restaurant. Netanyahu said there was no reason for him to order an article that would present Bennett as more liberal rather than too far right.
Netanyahu said that articles in favor of Likud were about standard newsworthy items that many other outlets covered. He argued that there was nothing exceptional about the Walla coverage, but the prosecution presented it otherwise with a rushed investigation.
"Why didn't you check [other news outlets]? And when you check everyone does the same thing," said Netanyahu. "How is it possible to do something like this?"
The defense presented a statement by one of the investigators boasting that the investigation was done so quickly, which the defense built on to present the building of the case as sloppy. Netanyahu said that the investigation hadn't asked him enough questions, hadn't provided him with the materials, and hadn't given him a chance to respond to the allegations. The defense said that only 10 of the 315 items of the bribery charge were presented to Netanyahu during his interrogation.
"Why did you run?" Netanyahu asked rhetorically. "It was the fastest investigation ever."
Haddad also lambasted the allegedly quick investigation when asked by the judges if he intended to examine each of the 315 items of the bribery charge, saying that he had the opportunity to take the time and do what the prosecutor's office and investigators had neglected to have done.
Despite being held two levels in an underground Tel Aviv District Court bunker chamber, the trial was not safe from the impact of the war. Rocket sirens momentarily interrupted the proceedings, and the prime minister was brought sensitive notes from his aides. When the prosecution complained about the defendant being give notes during his testimony that the rest of the chamber weren't privy to, Netanyahu dropped his usual wryly exasperated demeanor to lash back.
“I want to give my testimony. But I am the prime minister,” said Netanyahu.
The defendant explained that there were limits to what he could do to balance court proceedings and his responsibilities as prime minister. Netanyahu's responsibility as prime minister may have led him to request the cancellation of the Tuesday trial session. The explanation could not be publicly shared, but the judges asked defense lawyer Amit Haddad to provide a two-line written explanation to them. Upon receiving the note, the judges requested that the media and audience leave the chamber so they could confer with the legal teams about the information. In the end, Netanyahu's request to cancel the Tuesday testimony was granted. The next time that Netanyahu will take the stand, assuming that there are no more interruptions, is Wednesday.
Case 4000
Netanyahu faces three cases against him: case 4000, case 2000, and case 1000.
Case 4000 accuses Netanyahu of bribery in an alleged scheme with co-defendants Shaul and Iris Elovitch to exchange positive news coverage on Walla for Netanyahu’s implementation of policies favorable to Elovitch’s Bezeq telecommunications. Case 2000 alleges that Netanyahu sought to weaken the newspaper Yisrael Hayom with legislation in return for positive coverage from publisher Arnon Mozes's Yediot Aharonot. In Case 1000, Netanyahu is alleged to have received expensive gifts in return for furthering the interests of businessman Arnon Milchan.