Regarding Fischer and David's plan to remove the attorney from accompanying the investigation of the 'act of miracles' affair, all the actions against him described in the first indictment were carried out by David (section 22 – sending a text message to the attorney; section 23 – a telephone conversation with him; section 26 – another conversation with him) or by the state witness (section 32 – sending a link to the submission of the tender nomination documents) and not by Fischer. This, in addition to Fischer and David's joint instruction to the state's witness to summon the State Attorney to an urgent meeting with them at the office on May 4, 2014, a meeting that was not ultimately carried out (section 31).
As for the nightly meeting, the accuser also agreed that there was no indication of prior planning on Fisher's part, and that he was caught up in the incident in the general atmosphere of pressure that prevailed that day, and without Fisher taking an active part in the events during the meeting.
- The damage caused and expected to be caused by the commission of the offense - Fischer's use of classified materials relating to Biton, which he received from the kingdom, undermined the public's confidence in the integrity and integrity of the police investigation into the "Ma'aseh Nissim" affair. In addition, these acts created a risk as to the ability of the investigation to reach the truth. Fischer had a number of conversations with Biton (in Fischer's office and in Budapest) about the classified materials relating to Biton's interrogation. Using the same materials, Fischer briefed Biton in preparation for the interrogation, with the help of David (with whom he discussed the materials, sorted them, and traveled to Budapest to meet and brief Biton), the clarifications he received from the kingdom and the conversations he had with him about the implications of the materials. All of this led to the fact that when Biton was arrested (on May 19, 2014) and began to be interrogated about matters related to the 'Ma'aseh Nissim' affair, which had not been openly investigated until then, it was impossible to know whether his answers in the interrogation were influenced by the content of the classified documents and the briefing he received from Fisher based on those materials. This cast a cloud over the integrity of the investigation, and raised concerns that it had failed and that its ability to reach the truth had been thwarted to one degree or another. The fact that Fischer is a lawyer, who is committed to fairness and loyalty to the law and to the institutions responsible for enforcing it as a necessary condition for practicing the profession, adds a touch of severity to the acts.
At the same time, the amended indictment does not specify that in practice Fischer's actions caused harm to the police investigation into the "Ma'aseh Nissim" affair. In addition, it is not possible to know the scope and content of the classified information that Fischer and David disclosed to Biton from the classified materials that Malka gave to Fischer and the state committee, but only that the conversation between Fischer and David and Biton touched on the classified materials.