Prior to being named the attorney general, Avichai Mendelblit allegedly pressured the State Attorney's Office to change the reason of record by which an investigation against him was closed, something that could have affected the government's decision to appoint him to the position he currently holds, Channel 13 News reported over the weekend.
The issue is currently under review by the State Attorney's Office, whose ombudsman for complaints against the prosecution is examining whether information pertaining to case was hidden from justice officials who decided on it.
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Mendelblit has come under fire after senior Channel 13 commentator Ayala Hasson broke a gag order to raise questions about his conduct during the so-called Harpaz affair, in which Mendelblit – then the military's judge advocate general – was briefly suspected of helping senior military officials cover up a smear campaign.
The Harpaz Affair centers around a document forged by Lt.-Col. (res.) Boaz Harpaz in an attempt to discredit then-Maj.-Gen. Yoav Gallant's 2010-2011 candidacy for the position of IDF chief of staff, and expose the murky personal and professional relationship between then-Chief of Staff Gabi Ashkenazi and then-Defense Minister Ehud Barak.
The forged document was leaked to the media, triggering state comptroller and police investigations. Mendelblit was questioned under warning three times, and the investigation against him was closed in 2015, citing "lack of evidence."
According to Hasson's report, however, while Mendelblit he was being vetted for the position of the attorney general in 2015 – after having served as cabinet secretary for the two year prior – he allegedly pressured then-State Attorney Shay Nitzan and ato change the reason of record to "absence of guilt."
Nitzan refused, citing that "after reviewing all the material I have found no reason to order the change."
Mendelblit turned to then-Attorney General Yehuda Weinstein with the same request, but the latter simply suggested Mendelblit appeal Nitzan's decision through regular channels.
As by this time, Mendelblit assumed his position as attorney general and seeking not to make the issue a matter of public record, Mendelblit apparently decided to shelve the request.
A statement by the State Attorney's Office dismissed the Channel 13 News' insinuation that Mendelblit's actions were not above board.
"There are no grounds to the claim that the state had misrepresented its position during the High Court hearing of the petitions against the appointment of Dr. Avichai Mendelblit for the position of the attorney general," the statement said.
"It is a matter of public record that former Attorney General Yehuda Weinstein shelved the case giving a very detailed ruling that included very detailed reasons, but did not establish the formal cause for which the case was closed."
At the time, the statement continued, "The justices who heard the case examined the evidence and Mendelblit's response to them and found that the case should be closed due to the absence of guilt.
"Weinstein's decision at that time was widely publicized, and even presented to the High Court and the government's Public Service Nomination Committee, as is, without concealing anything. As by then Mendelblit had already been appointed as AG and was therefore in charge of the judiciary, it was decided that no decision of the cause by which the investigation was closed would be made by any individual subordinate to Mendelblit.
"Presenting the issue as a 'manipulation of the courts' or an 'open case' is a gross lie," the statement ended.
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