Custody of Eli Feldstein, the aide to Prime Minister Benjamin Netanyahu indicted for leaking top-secret documents to foreign media, and the IDF NCO who allegedly supplied Feldstein with the documents was remanded for a week on Wednesday by a Tel Aviv District Court judge.
The decision came after a discussion lasting several hours over the prosecution’s request to remand custody. The judge, Alaa Masarwa, wrote in his decision that during the discussion, “The parties' arguments regarding the evidence were presented with references to the material.
The amount of material is substantial. The disagreement between the parties is polarized; while the defense claims that the respondents did not commit any offense, the prosecution argues that these are serious offenses against national security. Therefore, the court must review the material and make its decision based on a thorough examination of the evidence,” Masarwa wrote.
Masarwa added, “I had hoped that the discussion would conclude today; however, the parties presented lengthy arguments and referred to numerous materials, and as mentioned, the discussion has not yet concluded. Therefore, at this stage, my decision regarding the gag order and the continuation of the hearing behind closed doors, as long as the evidence phase in the argument has not ended, remains in effect.”
The next hearing was scheduled for Wednesday, December 4, and the suspects will remain in custody in the meantime.
According to the indictment, which was filed on November 21, the NCO sent a picture of a top-secret document to Feldstein in April, believing it to be imperative for the prime minister to receive it directly. At the beginning of September, Feldstein attempted to leak the document’s contents to Israeli media in order to counter mass protests that broke out after six bodies of recently executed Israeli hostages were retrieved from Gaza.
Charged for leaking top-secret document
According to the indictment, after the Israeli military censor explicitly prohibited its publication, Feldstein leaked it to a foreign media outlet. The document itself has not been published, but according to the September 6 report in the German Bild, it described Hamas’ negotiating strategy and mentioned the protests as something helping its cause.
"This action was carried out with the knowledge of the defendant ... and was intended to influence Israeli public discourse regarding the handling of the hostage situation," the indictment read. The act “severely endangered state security,” it read. At Feldstein’s request, the NCO later provided Feldstein with a physical copy of the document, as did others.
Feldstein was charged with the disclosure of a classified piece of information, disclosure of a classified piece of information with the intent to harm national security, possession of a classified piece of information, and obstruction of justice. The NCO was charged with theft, disclosure of confidential information, and obstruction of justice.
Diaspora Affairs Minister Amichai Chikli attended a protest outside the court building in support of Feldstein. According to Chikli, “If the prosecution is so sure of its truth, that it is right, and that these people are so dangerous to the public, then take a bold step and hold the discussion in open court. The abuse and humiliation these young people are going through are inconceivable.”
Chikli continued, “This is primarily a matter of selective enforcement that is crying out to the heavens, causing immense pain and injury to a large public. What kind of country are we living in? The prosecution has gone off the rails. We cannot continue to operate in a country where the legal system maintains such discrimination. Suddenly, one case out of dozens is investigated, and in this manner—this destroys trust in the judicial system.”
Chikli added that he had “no trust” in State Attorney Amit Eisman.