State Attorney's office publishes clarifications regarding indictment of PMO leak suspects

The two were "accused of deliberately creating a direct channel that bypasses the military system," the statement read.

By JERUSALEM POST STAFF NOVEMBER 25, 2024 02:13 Updated: NOVEMBER 25, 2024 02:40

(L-R): Prime Minister Benjamin Netanyahu and main suspect Eliezer Feldstein in a prison cell (illustrative) (photo credit: FLASH90, SHUTTERSTOCK)

The State Attorney's office published on Friday clarifications regarding the indictment of Eliezer Feldstein, the lead suspect in the PMO leak scandal, and an IDF intelligence officer in reserves whose identity has not been disclosed.

Feldstein was indicted on charges of disclosing confidential information for the purpose of obstructing national security, while the officer was indicted on charges of theft, disclosure of confidential information, and obstruction of justice.

With regard to the claim as to why an investigation into the leak had occurred since information is often leaked to the press, the State Attorney's clarifications noted that the two were "accused of deliberately creating a direct channel that bypasses the military system responsible for examining and transferring information to the political echelon."

The statement added that the two did so "despite neither of them being authorized to do so."

Concerning the claim that the IDF had hidden the secret information from Prime Minister Benjamin Netanyahu, the statement explained that following the reception of said information, additional, more relevant details were obtained, which were of more relevance to the hostage deal negotiations.  

L-R: Prime Minister Benjamin Netanyahu, and Eliezer Feldstein, a suspect in the leaked PMO documents case (illustrative) (credit: SHUTTERSTOCK, SRAYA DIAMANT/FLASH90, YONATAN SINDEL/FLASH90)

The statement also noted that Feldstein was currently in an Israel Prison Service jail and not a Shin Bet (Israel Security Agency) facility, contrary to claims.

In answer to the question of why Feldstein had been indicted on charges of obstructing national security when he may have had the country's interest at heart, the statement noted, "Feldstein published the secret information not for the country's interest but to impact the discourse in the media.

Foreseeability of actions 

The State Attorney's office also stated that Feldstein was not indicted for the purpose of his actions. 

Rather, according to the statement, the Penal Code establishes a principle that abides by the "foreseeability" of action.

According to this principle, "in offenses requiring the defendant's intent to cause the outcome of the crime," the statement read, "if a person foresaw a near certainty that their actions would lead to a result harming state security, they could be convicted even if they did not intend to cause that result, and even if it did not actually occur."

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Eliav Breuer contributed to this report.