Regarding the leak of the "breached" date, as described in the amended indictment, the leak of the original date (May 7, 2014) and Biton's hospitalization following the leak caused the investigation to be postponed to the open stage by 12 days. In addition, the amended indictment does not relate to the actual damage caused to the investigation as a result of the postponement (and it should be noted that according to the indictment, this is an undercover investigation that lasted for a long period of about two years, since 2012). On the other hand, the leak of the postponed 'breach' date, apart from being erroneous in relation to Biton (who was arrested on the night of May 19, 2014 and not on May 20, 2014, as Malka wrote to Fischer), did not create an additional delay, since the investigation did indeed move to the open stage on May 19, 2014, as planned, and on that date Biton was arrested at Fischer's home. True, in the amended indictment, it was stated that Biton's sleeping at Fischer's home on that date took place "In order to prepare for the rescheduled arrest" (section 19). However, this does not describe an action intended to hide Biton from the police or delay his arrest, and in fact he was indeed arrested at Fischer's home on the new date that was planned to move to the stage of open investigation.
As for the plan to remove the attorney from accompanying the investigation of the "act of miracles" affair, the indictment itself indicates that the plan did not succeed, after the attorney decided to refrain from promoting the proposal presented to him by David to run for the position of legal advisor to Netivei Israel. In any case, here too, no practical damage was caused as a result of the commission of the offense, but – at most – potential damage to the advancement of the investigation and the degree of effectiveness of the handling of the 'Ma'aseh Nissim' case. At the same time, the commission of the offense in any case – and regardless of the question of actual damage – caused damage to public confidence and the integrity of the investigative and judicial process. In addition, the offense had the potential to cause significant harm to the attorney himself if he had not suspected the validity of the proposal and refrained from meeting with Biton in Fischer's office and submitting his candidacy documents for the position.
- The multiplicity of actions - As the accuser claimed, Fischer's actions in the first part of the first indictment (briefing Biton for the interrogation using classified materials) were multi-staged. Even after Fischer received the classified materials relating to Biton, Fischer had the power to refrain from using them. However, Fischer did not let go of the materials, even though he knew that Malka had illegally removed them from the police. He analyzed the significance of the materials with Malka, discussed them with Biton, held a discussion and sorting of the materials together with David, traveled together with David to Budapest to brief Biton for the interrogation while exposing classified information to him, and after their return to Israel, he briefed Biton once again using the classified documents.
At the same time, as far as the other parts of the first indictment are concerned (Malka's leak of the date of the "breach," the plan to remove the attorney from accompanying the investigation, the nightly meeting), Fischer's actions were few. Regarding Biton's hospitalization on May 7, 2014, following the WhatsApp message that Malka wrote to the state's witness on May 4, 2014, the indictment does not provide details about Fischer's act that led to hospitalization, except for the statement that Biton was hospitalized on May 7, 2014."Incidentally, defendants 1 and 2 together thwarted Biton's arrest" (section 16). Fischer's only act in connection with the plan to stop the attorney's handling of the case was Fisher and David's joint order to the state's witness to invite him to a meeting in their office on May 4, 2014 – a stage at which Attorney Blau had already made up his mind not to run for the position, but Fisher and David did not know this. With regard to the night meeting, the indictment does not attribute to Fisher any act or statement, except for the fact that he was present at the gathering that took place at his home, and apart from the general statement in section 7 of the fourteenth indictment that "The participants of the meeting raised possible scenarios for action, if indeed the penetration of mobile devices was successful".