A Tel Aviv District Court judge has significantly undermined the prosecution's most serious charge against Eli Feldstein in a classified document leak scandal, ruling there is "evidentiary weakness" in proving intent to harm national security.
However, the judge found sufficient prima facie evidence for other charges related to the unauthorized transmission of classified information through media outlets.
Feldstein and an IDF reservist (whose identity remains under gag order) face multiple charges involving classified information leaks from the Prime Minister's Office. In a detailed court ruling, the judge acknowledged that both defendants have substantial claims that merit examination in the main trial.
But, in a significant development, the court gave weight to Feldstein's argument of selective prosecution, questioning why Jonathan Urich, Prime Minister Netanyahu's spokesman, wasn't arrested or charged despite his alleged involvement. According to evidence presented, Urich had messaged Feldstein that "the boss is pleased" after the classified information appeared in German newspaper Bild.
The reservist's defense centers on the claim that his intention was to bring the classified material to Prime Minister Netanyahu's attention - a point the judge indicated deserves consideration in the main trial.
Defense attorney Uri Korev, representing the reservist, made bold claims about the case: "The earth will shake when the publication ban is lifted," he told reporters, suggesting there's more to the story than currently public.
Meanwhile, in a controversial move, the Israeli ministerial committee has approved the "Feldstein Law," which would grant immunity to individuals who share classified documents with Prime Minister Benjamin Netanyahu. Legal Advisor to the Government Gali Baharav-Miara has strongly criticized the legislation, warning it appears to be "personalized legislation" designed to interfere with ongoing criminal proceedings.
The Tel Aviv District Court is reportedly considering alternatives to detention for Eli Feldstein and the reservist. The closed-door hearing, which began earlier today (Tuesday), continues as judges evaluate possible house arrest arrangements for both suspects.
As of 4:30pm today (Tuesday), family members of Feldstein and the reservist have been asked to stay in the area and prepare for possible house arrest arrangements.
This development marks a potential shift in the high-profile case that has drawn national attention due to its connections to the Prime Minister's Office.