On third day of PM's trial, wartime difficulties come to forefront

During a war, the conflict is the chief priority, and no doubt the court will suffer this responsibility throughout the testimonial process.

By MICHAEL STARR DECEMBER 16, 2024 19:09

Israeli Prime Minister Benjamin Netanyahu arrives to the courtroom at the Distrcit court in Tel Aviv, before the start of his testimony in the trial against him, December 16, 2024. (photo credit: YOSSI ZELIGER/FLASH90)

When rocket alerts sounded in the Tel Aviv District Court on Monday, Judge Rivkah Friedman-Feldman rallied the chamber to push through the interruption and continue with Prime Minister Benjamin Netanyahu's third day of testimony for his corruption trial.

"Let's continue, that's why we're here," said Friedman-Feldman.

Yet the bunker court room two floors underground only emphasized the procedural difficulties reminded of by the red alert. The trial's clashes with the ongoing multi-front October 7 War that day indicated that the coming weeks of testimony would be troubled by cancellations, delays, and breaks.

The increased security was the least of the problems. The courtroom moved from the Jerusalem District Court to Tel Aviv to accommodate the prime minister's need for protected underground chambers. Three layers of security kept out protesters like a man shrieking into a megaphone about Netanyahu's criminality and the need for an immediate deal to release the hostages held by Hamas.

Israel protest in support and against Israeli Prime Minister Benjamin Netanyhu outside the District court in Tel Aviv, Israeli Prime Minister Benjamin Netanyahu is testifying in the trial against him, December 11, 2024. (credit: TOMER NEUBERG/FLASH90)

The weekly sessions had also been shortened to three days, though Netanyahu's request for two non-consecutive days had been rejected.

If the prosecution and judges thought they would at least have these three days each week, Monday may have set new expectations when the prime minister requested the Tuesday session be canceled. The reason was sensitive, likely having to do with the war -- Defense lawyer Amit Haddad had to write a note and pass it to the judges. They removed all journalists and audience members to confer privately with the legal teams. Ultimately, the judges approved of the cancellation of the Tuesday session for "exceptional reasons."

Yet in wartime, exceptional incidents requiring the prime minister's attention are the norm.

As with the previous days, secretive notes were passed to Netanyahu by his aides, ostensibly detailing matters of national security. Netanyahu had to leave on breaks in order to respond to their contents.

The prosecution complained that the defendant was being passed notes while on the stand, causing Netanyahu's wry composure to crumble.

Balancing courtroom and responsibilities

"I want to give my testimony. But I'm the prime minister," Netanyahu said forcefully, explaining that there were limits to how much he could balance the courtroom with his leadership responsibilities.

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During a war, the conflict is the chief priority, and no doubt the court will suffer this responsibility throughout the testimonial process.

Rocket sirens may not disrupt the trial on its own, but the rockets and the Houthis that launched them may. Netanyahu, as prime minister, will no doubt have to lead the response to this problem in the near future. This will not be scheduled around the days that he is not appearing in court, but around Israel's security needs.

These exceptional incidents may only increase -- Israel is currently in a lull in the war, but come the expiration of the Lebanon ceasefire and the return to Donald Trump to the White House, this may change.

The trial of a wartime prime minister may proceed without great issue, but the sense on Monday was that a storm was brewing. If the clash between the war and trial proves to be untenable, possible solutions could be the next distraction from the war.