According to Fischer, the wording of the indictment in this manner indicates that his part in the night meeting, including in raising possible scenarios for action, is identical to the share of all the other participants in the meeting as described in section 7, with the exception of David, the State Witness and Malka, who, according to the continuation of the indictment, said specific things that the accuser considers to be a disruption of the investigation. In any event, there was no justification for treating him differently from the accuser towards the other participants, including attorneys Yaron Zemer (a prosecution witness) and Merav Mishan who served as counsel for the state's witness. In practice, not only were the other participants not indicted on the fourteenth charge like Fischer, but the decision made against them was to close the case due to lack of guilt (letters from prosecutors by virtue of various laws dated June 28, 2015 to Prof. Yoram Barak and Ms. Sarit Rothschild – N146/2; testimony of Adv. Zemer dated December 10, 2018, at p. 6922).
Adv. Perry further argued that as far as the state's counsel is concerned, Fischer's discrimination against the state is all the more pronounced according to the line of argument that the accuser presented in 2016 and 2018 in her response to his preliminary arguments. Since the accuser then justified Fischer's indictment on the fourteenth charge by not preventing his counsel in the interrogation (David) from holding the obstruction talks with the state witness and her queen in his presence, all the more so the accuser should have attributed the offense of obstruction to the state's counsel, who, as described in the indictment, were present when the state witness held those disruptive conversations with David during the meeting, The expectation of a lawyer to maintain the integrity of the legal process and prevent the client from committing a criminal offense in his presence is higher than the expectation of the lawyer's client when the offense is committed by the lawyer.