Israel might be one step closer to establishing a state commission of inquiry into the Lag B'Omer disaster that left 45 people dead and 150 injured. Attorney General Avichai Mendelblit confirmed Monday that there is no legal impediment to establishing such a commission, not even in the case of a provisional government.

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"Although the decision to form such a commission by a provisional government has certain complications, under these difficult circumstances, these complications do not create a legal impediment," he submitted in response to Justice Minister Benny Gantz's request for the attorney general to express his position on the feasibility of such a probe.

According to Mendelblit, the complexity of the incident, the chain of decision-makers, and the mismanagement of the sacred site over multiple years extend beyond the scope of the work of the Israel Police. Therefore, he said, establishing a single body responsible for the thorough investigation of all parties involved in the matter is justified.

Meanwhile, State Comptroller Matanyahu Englman visited Mount Meron Tuesday as part of preparations for his review of the events that lead to the disaster.

He said the audit would include the circumstances that led to tragedy, the preparation of the various bodies involved ahead of time, and the actions taken by them since his office's last review of Lag B'Omer festival policies in 2011.

On Monday, Police Commissioner Yaakov Shabtai convened a police senior command meeting at the Northern District Headquarters in Nazareth and said he would not let the police "become anybody's scapegoat for the continued misconduct of many different bodies."

Over the weekend, police officers across the country changed their profile pictures to that of Northern District Commander Maj. Gen. Shimon Lavie, in support of the commander who oversaw the security arrangements for the Lag B'Omer celebrations and took responsibility for the disaster on Friday.

Those who expressed their support "are police officers who used to be under his command," one officer said. "I too used to be his subordinate and I can testify that he is a wonderful person, humane, moral, and exceptional in his qualities."

Lavie's associates do not expect him to resign. "Is the police to blame? Who built the ramp? It is not even something the police does," one of them said. "The sacred site receives millions of shekels in donations. Where did all the money go?"

Meanwhile, the Knesset held a special session Monday devoted to the incident.

"It is our fundamental duty to examine every aspect of the Meron disaster," Prime Minister Netanyahu said. "After the period of mourning is over, we will examine in an orderly, thorough and responsible fashion every matter that is connected to gatherings on the mountain in the present and past."

Netanyahu said the investigation would include "arrival, security, entry, exit, the allocation of time and security forces and, above all, the engineering changes that are required at the site, and the issue of expropriation, management, and responsibility."

At the meeting, Interior Minister Aryeh Deri said the terrible disaster was fated, but that "does not exempt us from scrutiny and self-examination."

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Netanyahu accepted some $270,000 from his uncle Nathan Milikowsky in order to cover his wife's legal fees during her recent trial, in which she was accused of defrauding the state.

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In his statement to the High Court of Justice on Sunday, Mendelblit said that despite the language of the law stipulating that a prime minister cannot receive monetary benefits and gifts, it "does not mean such gifts have to be given directly to the prime minister."

According to Mendelblit's interpretation, "it is possible that the law could be applied to benefits given to the spouse of the prime minister or someone else who is close to him."

"The attorney general has lost all self-restraint. He has decided to topple Prime Minister Netanyahu at any cost and is rushing at him like an out of control locomotive without brakes," a source close to Netanyahu said. "The attorney general's answer to the High Court is further proof of the persecution and bogus charges against Prime Minister Netanyahu and his wife. The attorney general's attempt to reverse the Permits Committee's decision with a baseless explanation exposes his true and unconcealed intention – to work toward the prime minister's replacement."

According to the original indictment, Sara Netanyahu, along with a government employee, fraudulently obtained from the state hundreds of meals supplied by restaurants, with a total value of some $100,000, bypassing regulations that prohibit the practice if a cook is employed at home.

As part of the revised indictment and a plea bargain, the fraud charge was dropped. Instead, Netanyahu was charged with intentionally exploiting another person's mishandling of state money for her own benefit. Netanyahu also agreed to pay the state 45,000 shekels ($12,500) in reimbursement and a 10,000 shekel ($2,800) fine.

Another source close to Netanyahu said: "Throughout the entire legal process against the prime minister and his wife, Mendelblit's decisions have been replete with contradictions. Every time there's concern that a previous decision of his will hamper his chances of indicting [Netanyahu], he changes his decision 180 degrees. For example, in 2018 Mendelblit determined that the Gift Law doesn't apply to support from a sponsor in the form of funding legal defense – and now, after sensing that this decision will hurt his ability to indict, he changes it. Mendelblit was also the person who sent the prime minister to the Permits Committee to approve the funding for his legal costs, only to deny him this funding after the committee said the prime minister could receive it. All of the attorney general's actions indicate that his goal is to prevent the prime minister from receiving a fair trial."

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Netanyahu accepted some $270,000 from Milikowsky in order to cover his wife's legal fees during her recent trial, in which she was accused of defrauding the state.

According to the original indictment, Sara Netanyahu, along with a government employee, fraudulently obtained from the state hundreds of meals supplied by restaurants, with a total value of some $100,000, bypassing regulations that prohibit the practice if a cook is employed at home.

As part of the revised indictment and a plea bargain, the fraud charge was dropped. Instead, Netanyahu was charged with intentionally exploiting another person's mishandling of state money for her own benefit. Netanyahu also agreed to pay the state 45,000 shekels ($12,500) in reimbursement and a 10,000 shekel ($2,800) fine.

In his statement on Sunday, Mendelblit said that despite the language of the law stipulating that a prime minister was not allowed to receive monetary benefits and gifts, it "doesn't mean that such gifts have to be given directly to the prime minister."

According to Mendelblit's interpretation, "it is possible that the law could be applied to benefits given to the spouse of the prime minister or someone else who is close to him." Mendelblit said that this matter should be referred to the special committee tasked with reviewing financial matters pertaining to ministers.

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Held under the banner "Stop the Coup", most Knesset members from Netanyahu's own party and right-wing bloc failed to attend the rally, held at the Tel Aviv Museum plaza.

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Two of the prime minister's most outspoken supporters, Culture and Sport Minister Miri Regev and parliament member Miki Zohar, did make an appearance at the demonstration and echoed Netanyahu's line that the judiciary and law enforcement were conspiring to oust him from power.

"We, too, want to protest, we are also justified in holding a demonstration," Regev said at the event.

"The rule of law is not above the law. The law is equal to everyone, there is not one law for one person and one law for another. ... You – citizens of the State of Israel – will determine who will head our country. Those who want to maintain the rule of law came here tonight. They will not silence you," she added.

"The legal establishment's goal is to topple an elected prime minister," said Ron Nahmani, 70, who had come to the protest. Addressing the crowd, Likud lawmaker Miki Zohar said the justice system was playing a part in a leftist conspiracy.

Attorney General Avichai Mendelblit, who made the decision to charge Netanyahu, said that attacks on the legal system had gone too far.

"I'm hearing threats. I'm hearing baseless slander. It's shocking," Mendelblit said at a judiciary conference in southern Israel. Two of the lead prosecutors on the Netanyahu investigations have had to have bodyguards assigned to them, he said.

Netanyahu, Israel's longest-serving leader and in power since 2009, presently heads a caretaker government after two inconclusive elections this year. He is not obliged by law to leave office over the charges and has vowed to stay in power.

But the indictment against him, the first of a sitting Israeli premier, has prompted calls from the Center-Left opposition for him to step down, and has stirred up a leadership challenge from within his Likud party.

Israel is facing unprecedented political turmoil after neither Netanyahu nor Gantz failed to form a coalition government following elections held in April and in September. With the political deadlock unresolved, Israel could be facing a third election within a few months.

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In making his announcement, Mendelblit said that "law enforcement is not a choice. It is not a matter of Right or Left. It's not a matter of politics." He also stated that "the public interest requires that we live in a country where no one is above the law." Yet it has been clear since the moment the investigations began that prosecutors had their sights on removing Netanyahu from office and would stretch the limits of the law to make sure his conduct fell on the wrong side.

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The three cases against Netanyahu – Case 1000, Case 2000 and Case 4000 – are particularly suspect. No official complaints were filed in the matters. Rather, evidence was collected in connect-the-dots fishing expeditions that first targeted Netanyahu's advisers. Much of the evidence collected against the prime minister in the process has been illegally leaked to the media, souring much of the public and the political establishment on his continued tenure.

The past few weeks have also seen revelations of questionable prosecutorial practices that were used to pressure Nir Hefetz, a top Netanyahu aide, into becoming a state witness in Case 4000. Much of the evidence in Cases 1000 and 2000 was collected from now-state witness Ari Harow, Netanyahu's former chief of staff, who was himself initially investigated over his divestment from his own company prior to working for Netanyahu.

A former Netanyahu adviser told Jewish News Syndicate on condition of anonymity that this is standard operating procedure. If Israel's police and prosecution "want to get someone, they start investigating the people in their inner circle and then work their way further out until they find something," said the adviser.

Then the pressure starts.

"Once they find something, they will make your life hell – sometimes, for years – until you become a state witness," the adviser said.

Among the techniques employed by the prosecution to this end, said the adviser, are putting a lien on a person's assets, and freezing their bank account and credit cards so that they cannot conduct even the most basic transactions.

The target of such an investigation may turn state's witness just to be able to return to living a normal life, said the adviser. The decision may have nothing to do with their belief that the prosecution's real target – in this case, Netanyahu – has committed any crime.

The adviser pointed to lingering corruption charges against former Defense Minister and Foreign Minister Avigdor Lieberman, saying: "They had the case opened on him for 11 years until they finally had no choice but to drop it."

That case, said the adviser, was the exception that proves the rule.

"When they want you, they'll keep coming after you until they find something," the adviser said.

Throughout the investigations, carefully edited pieces of evidence were illegally leaked to the press. The leaks represent part of an extended campaign to sour the public and the rest of Israel's political echelon on Netanyahu's continued leadership. The irony is that in two of the cases, Netanyahu is accused of illegally using the power of his office to affect coverage of him in the media.

In charging the prime minister, the prosecution is charting new territory for Israeli law, as well as for international norms. Nowhere does Israeli law set any boundaries on relationships between the media and politicians. Furthermore, no democratic country with a free press has ever prosecuted a state leader for accepting positive media coverage as a bribe, even when such coverage came in direct exchange for legislation.

A team of high-profile lawyers, led by Nathan Lewin and including Richard Heideman, Joseph Tipograph, Avi Bell and Alan Dershowitz, argued before Mendelblit during pre-indictment hearings last month that charging Netanyahu in the cases involving the media was unprecedented, and represented a "dangerous threat" to Israel's democracy and free press.

The arguments had little impact. When Mendelblit finally announced his decision to file formal indictments, it was simply the expected continuation of a process aimed at removing Netanyahu from office that has been directly affecting Israel's political system for the past two years.

Had the indictments not loomed over Netanyahu's head, it is unlikely that the prime minister would have called early elections just over one year ago. Elections had originally been scheduled for the first week of November. During the second and soon-to-be third election this year, the campaigns centered on a single issue: Netanyahu's fitness to continue serving in office.

Mendelblit's announcement came the day after Blue and White Party leader Benny Gantz returned his mandate to form a government to President Reuven Rivlin and the start of a 21-day period in which any Knesset member, including Netanyahu, can attempt to form a government. That's when State Prosecutor Shai Nitzan came forward with a new legal opinion that confirms the intent behind the decision to charge Netanyahu is removing him from office.

The Globes website, citing unnamed officials, reported that Nitzan argued during internal Justice Ministry discussions that Netanyahu may not legally be tasked with forming a government while under indictment. Globes noted that Mendelblit similarly believes that Netanyahu faces "significant legal difficulties" in forming a new government.

Their arguments stand in contradiction to current Israeli law that does not require a prime minister to resign if indicted. Though it is also currently being reported that since the law permitting an indicted prime minister to remain in his post "has not yet been tested," it is likely to be debated in court. Meaning, if the law does not suit the objective, it can be challenged by the prosecution and overturned by the courts.

In the wake of Mendelblit's announcement, Netanyahu called for the "investigators to be investigated" and continues to cling to power, even as his grip slips and Israel runs headfirst toward an unprecedented third election.

He may yet figure out a way to maneuver himself back firmly into the chair he has occupied for the past 10 consecutive years (and for 13 years in total). Even if he ultimately fails, it may take several months for the prosecution to reach its goal of finally removing him from office. What is certain is that unprecedented and highly questionable legal attacks on a sitting prime minister have placed Israel in a thorny situation – one that may stay prickly for years to come.

Reprinted with permission from JNS.org.

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Avichai Mendelblit said in a statement that Netanyahu can remain the interim prime minister, just days after serving him with 3 counts of fraud and breach of trust, as well as one count of bribery.

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Netanyahu faces calls from his opponents to step down following the indictment. Mendelblit's opinion confirmed what had been a consensus legal view, that an indicted prime minister may remain in office while fighting criminal charges.

Israeli court precedent requires cabinet ministers to resign if indicted. But it doesn't explicitly state that a prime minister has to leave office in those circumstances.

Netanyahu is the first-ever sitting prime minister to be indicted. Mendelblit has not ruled on whether Netanyahu can be tasked with forming the next government.

The attorney general did not weigh in on whether Netanyahu could keep his other ministerial positions while under indictment. Netanyahu also holds the agriculture, labor and welfare, health and Diaspora affairs portfolios.

Netanyahu, Israel's longest-serving prime minister, has dismissed the indictment as an "attempted coup" and refused to resign. He says he will fight the charges from the prime minister's office.

The indictment comes at a delicate time following the failure by both Netanyahu and his chief rival, former military chief Benny Gantz, to secure a parliamentary majority and form a new government.

Israel has held two parliamentary elections this year – in April and in September – both of which resulted in political deadlock, with neither Netanyahu nor Gantz capable of mustering support for a ruling coalition.

Last week Gantz conceded he was unable to form a government, setting in motion a 21-day period for a majority of Israel's 120-seat parliament to throw support behind Gantz, Netanyahu or a third candidate.

If a government is not formed by Dec. 11, Israel will be forced to hold elections for the third time in a 12-month period.

The Justice Ministry said the attorney general did not evaluate the legality of whether the president could task an indicted politician with forming a new government, which he said remained "theoretical."

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The political bureau chief of the terrorist group, Ismail Haniyeh, told reporters in Rafah in southern Gaza Strip that serious corruption charges against Benjamin Netanyahu were a sign "of more steadfastness" for the Palestinians.

The leader of the group that controls Gaza also said the indictment means more "resistance, both popular and armed."

On Thursday, Attorney General Avichai Mendelblit issued an indictment against Netanyahu for three counts of fraud and breach of trust, as well as one count of bribery, making him the first sitting premier to be put on trial.

The indictment will be officially filed with the court system only after 30 days, during which Netanyahu is able to seek immunity from the Knesset.

The longest-serving Israeli leader has yet to decide if he will trigger an immunity request. Netanyahu's political situation is also shaky, after two inconclusive elections this year and possibly an unprecedented third national vote early next year.

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Netanyahu is the first sitting prime minister to be indicted in Israeli history. Other prime ministers have been indicted after leaving the office or stepped down before an indictment was official. 

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Calling the investigation "contaminated" more than a dozen times, Netanyahu claimed the public has lost faith in the country's justice system.

"This is a witch hunt," he said, with much of his accusations targeted at Attorney General Avichai Mendelblit. "We must investigate the investigators. They're not above the law."

He said the investigation against him was full of holes, was not done in a transparent manner and that he has many supporters within the country who agree with him.

"I hate this. It disgusts not only me, but the people of Israel, and not just people on the right. People are questioning how the police conducts its work. The public has lost its support for the legal establishment," he said. 

"I gave my life to this country. I fought for it. Was injured for it [in the military service]. I did everything to turn it into a world power and I'm proud of it," he added. "I'm proud of us. But I have to tell you, this is a hard day. For me and for anybody who's supported me."

Hope is not all lost yet for Netanyahu, though. 

Speaking to Channel 12 news, Likud MK Miki Zohar said he will advise Netanyahu to submit an immunity request, a process he is entitled to pursue by law.

"He has not been indicted yet," Zohar explained. Under Israeli law, an MK (in this case Netanyahu) has 30 days to trigger an immunity process.

After Netanyahu submits that request, the Knesset House Committee will have to decide whether to grant his request, but it is unclear whether he has the votes. It is also unclear whether the Knesset can legally deliberate this matter before a new government is sworn in. 

Meanwhile, Yisrael Beytenu leader Avigdor Lieberman called on the legal process to be properly carried out.

"We need to let the legal system do its job and we need to allow Netanyahu to have his chance to prove his innocence," Lieberman said. 

However, Netanyahu's opponents wasted no time in calling on him to step down.

While his main rival, Blue and White head Benny Gantz, succinctly summed up the mood of the day by saying it was a "sad day for Israel," other members of the Left were much more explicit in their wishes.

"Netanyahu dedicated most of his life to serving the state of Israel. If he still cares about the country, he needs to do one more thing for it: step down," Yesh Atid co-leader Yair Lapid tweeted.

Former Prime Minister Ehud Barak, now head of the Democratic Union, echoed those sentiments, stating, "Netanyahu needs to step down immediately. Otherwise, he'll ever be tainted by corruption and will never receive compassion."

Barak called for Gantz to lead the country and was open to the possibility of his government including the Likud. He also praised Mendelblit for having a "backbone" and respecting the rule of law.

For now, there are 21 days left for the Knesset to rally behind a would-be prime minister. 61 MKs must vouch for a candidate in writing, after which he or she will have 14 days to swear in a government. If no government is formed by the deadline, another early Knesset election will be automatically triggered. This would be the third such election in less than a year.

In a KAN news poll released on Thursday, 38% of Israelis blame Netanyahu if that election takes place. 

News of the indictment has also made waves among the left across the ocean, with Democratic 2020 candidate Elizabeth Warren, tweeting: "Netanyahu is accused of accepting bribes, trading government favors, and manipulating a free press. Like his pal Donald Trump, he'll stop at nothing to enrich himself and stay in power. This blatant corruption has no place in any democracy – I'll fight it at home and abroad. "

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Speaking at a Herzliya Conference symposium, Mendelblit addressed the threats made against State Attorney Shai Nitzan and lead Netanyahu case lawyer Liat Ben Ari, saying, "No one is going to intimidate us. We will not be deterred."

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Netanyahu is currently implicated in three corruption cases: Case 1000, which centers on gifts Netanyahu allegedly received from Hollywood producer Arnon Milchan and Australian billionaire James Packer; Case 2000, which focuses on an illicit deal Netanyahu allegedly tried to strike with Yedioth Ahronoth publisher Arnon Mozes to ensure positive coverage; and Case 4000, which centers on an alleged deal by which Shaul Elovitch, the controlling shareholder of Israeli telecom corporation Bezeq, ensured positive coverage of the Netanyahu family by the Walla news website, which Bezeq owns, in exchange for the prime minister promoting government regulations worth hundreds of millions of dollars to the company.

The attorney general further underscored the importance of judicial resilience, saying it was an "inseparable part of the State of Israel's resilience and … fighting the attacks it finds itself under is a vital public interest.

"The feeling among the public that the judiciary is facing a tangible threat stems from several parallel processes, which all seek to significantly undermine the institutions tasked with protecting judicial resilience."

Addressing the October hearing set for the prime minister in the cases against him, Mendelblit said, "I lend great importance to the hearing process set for the prime minister. Any argument made will be heard with an open heart and a willing soul. The issues will receive due consideration and any decisions that follow will be made, as they have been thus far, based solely on the evidence. No one will divert us from the straight path – not the protesters nor the critics."

For over a year now, there have been weekly protests and rallies outside Mendelblit's home, with protesters demanding the attorney general stop "dragging his feet" and press criminal charges against Netanyahu. The attorney general has also been the target of scathing criticism by Netanyahu supporters, who claim that the Attorney General's Office's prolonged investigation was "playing into the Left's hands" and aiding its attempts to topple the right-wing government.

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In its appeal, the left-wing NGO asked the court to rule that tasking Netanyahu to form the next government is illegal.

The petitioners also argued that the current situation is detrimental to the rule of law in Israel.

The Movement for Integrity predicated its petition on the series of corruption charges which Netanyahu is facing, and Attorney General Avichai Mendelblit's decision to indict him pending a hearing.

The petition additionally cited precedential rulings by the Supreme Court.

Those rulings stipulate, among other things, that it is unreasonable for any individual under indictment for such offenses to serve as a minister or any other senior capacity in government.

The petitioners emphasized that they do not seek to call into question the result of the election, because in Israel the public votes for parties and not the prime minister.

Finally, the Movement for Integrity asked the court to establish obligatory parameters pertaining to appointing someone to form a government.

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