This was clarified by me several times as the proceedings progressed. Thus, for example, in a decision dated February 18, 2018, an argument was accepted for selective enforcement raised by Fischer regarding his prosecution for one of the offenses in the eleventh indictment (the "Buchan Case"), and it was determined that the presumption of administrative propriety was contradicted after the accuser provided opposite explanations for the fact that Malka was not charged with the same offense (ibid., para. 25). In a hearing held on May 4, 2023, following Saada's announcement that the email had been found at his home, I clarified (following a previous clarification given after locating Saada's memo in the pile of blank forms – p. 22412 of the transcript) that I do not intend to grant requests to conduct additional searches in the offices of the Department for the Investigation of Police in order to locate additional materials:
"I don't give an order for a search, not only do I not give an order, there's also the other side of the coin, there's also a matter of burdens because... As far as I'm concerned, there are other documents. I said it, I said it then, and I say it now. There are other documents in the plaintiffs under various laws that were not found, I'm telling you this, there are things I can already say that as far as I'm concerned, it's a working assumption. How do I know? After all, I said how do I know, because several searches were done and this paper was not found. So just as it is not found, I assume that no more things have been found, and therefore in the trial we also work on burdens, we also decide according to burdens" (pp. 22959-22958).
And in the hearing on April 21, 2025:
"Let's see what happened in those 10 years, in these 10 years we received memoranda that are at the core of the case... We received them eight, about eight years after the discussion began. We received reports that intelligence information had been collected from the state's witness, documents that were supposed to be at the top of the investigation material and in section A of the investigation material, and for years we didn't understand what was going on here in the case, at least I didn't understand, I didn't understand and I didn't understand, and there were long interrogations here. And I'm not saying that today I understand what's going on here, a little, a little bit like that, things start to stand up. I'm not talking about the fact that only a few months ago the state's witness came and said what she said, and I'm not talking about the fact that a few months ago I heard that there were two plea bargains, for the first time since the beginning of the trial there were two plea bargains" (pp. 25180-25179).