Eliezer Feldstein, the main suspect in the PMO security data leak case. Photo: Via Maariv/IDF Press Office
Judge Alaa Masarva said on Tuesday that there was not enough direct evidence to prove that Eliezer Feldstein intended to harm national security in the scandal over the leak of documents from the Prime Minister’s Office. This weakens the accusations that his actions were directed against the interests of the state, The Jerusalem Post reports.
Feldstein, an aide to Israeli Prime Minister Benjamin Netanyahu, is charged with disclosure of a classified document, possession of a classified document, obstruction of justice and attempted disclosure of information with the intent to harm national security.
Court assessment
The judge noted that there was sufficient evidence regarding the fact of disclosure, but that the evidence base was weak with regard to Feldstein’s motives and intentions in terms of threatening national security. He also added that the statements of Feldstein and the other suspect in the case, an Israeli Defence Forces officer, deserve detailed consideration in the main proceedings.
Arguments about selective prosecution
As part of the ruling, the judge drew attention to the possibility of selective enforcement, in particular due to the absence of charges against Yonatan Urich, Netanyahu’s adviser, who was also a defendant in the case. The judgement states that the evidence points to numerous warning signals that Feldstein and the co-defendant could have been aware of, especially after the publication in a German newspaper.
Disclosure of documents and consequences
According to the case file, in April, an Israeli Defence Forces officer sent Feldstein a photograph of a top-secret document, believing that it should be passed directly to the Prime Minister. In September, Feldstein attempted to pass on the contents of the document to the Israeli media to counter mass protests after the bodies of six hostages were returned from Gaza.
After military censors banned the publication, Feldstein passed the information on to a foreign media outlet. According to a report in Germany’s Bild, the document described Hamas’s negotiation strategy and mentioned the protests as a factor contributing to their position.
Reaction of the family
Speaking to Channel 13, Feldstein’s father welcomed the partial ruling. “After 12 years in the army and dedication to the country, this was a difficult ordeal for a young immigrant. The dismissal of the charge of threatening national security gives us strength,” he said.
The main hearing in the case will continue to decide Feldstein’s fate.
