The Supreme Court today (Monday), ordered the release of Eli Feldstein, who served as a spokesman for the Prime Minister's Office, to house arrest under electronic monitoring.
On the other hand, the court ordered the detention of the Intelligence Corps NCO, who was accused alongside Feldstein in the classified documents leak case, to be extended until a separate decision is made in his case. Justice Alex Stein said that "if there is a change in circumstances, including the state of the war, the door is open to appeal again."
Justice Stein wrote in his decision that "the defendant saw and continues to see himself as an 'independent contractor' of the Intelligence Corps, who, when necessary, is entitled to take the reins and establish direct communication channels between himself and government officials in ways he sees fit, and while completely abolishing the IDF chain of command and information security procedures." The decision was made following an appeal hearing filed by the prosecution against the Tel Aviv District Court's decision to release the two to house arrest.
Last week, the District Court decided that Feldstein and the other defendant should be released to house arrest. The prosecution appealed the decision and today the appeal was partially accepted.
During the hearing, the District Court judge noted "evidentiary weaknesses" regarding the charge against the two of endangering state security. The indictment accuses Feldstein of serious offenses, including leaking classified information, leaking classified information with intent to harm state security, possession of classified information, and obstruction of justice.
The second defendant is accused of leaking classified information, obstructing justice, and theft. The investigation revealed that Feldstein contacted the Prime Minister’s spokesperson, Yonatan Urich, requesting help in publishing the information in the foreign press, which led to its publication in the German newspaper Bild.