Attorney-General Avichai Mandelblit came closer than ever to declaring Prime Minister Benjamin Netanyahu unfit to continue leading the country due to his public corruption case on Monday, but still avoided crossing that line.
Mandelblit made several points which could start the building of a case to disqualify Netanyahu as unable to serve due to his specific behaviors even if the law does not formally require him to step down simply because he has been indicted.
Some points he made, like the severity of the media bribery charges and the inherent conflict of interest in maintaining the public's faith, he had previously made when a petition was filed before the calling of witnesses against Netanyahu had started.
However, some points were new.
The attorney-general said that the intensity of the prime minister's attacks on law enforcement had crossed lines which could serve as a basis for declaring him unfit if such deterioration continued beyond a certain unidentified point.
He said that Netanyahu's failure to appoint a justice minister was another sign that he might eventually be declared unfit, even if the law might not have required his resignation if he was maintaining normal government positions and business.
However, Mandelblit ultimately said that Netanyahu could remain in office at the present time in light of his sticking to limits the attorney-general put on him — to stay away from involvement in law enforcement and judicial appointments as well as policy changes which could impact his trial.
Further, the attorney-general said that Netanyahu had not yet perpetrated a clear disqualifying act showing him incapable of continuing his duties, even if he seemed to be getting closer to that point.
Implied in Mandelblit's legal brief to the High Court was the fact that Netanyahu has not had to attend much of his trial to date, only missing prime ministerial business on three occasions since May 2020 for a couple of hours at a time.