Feldstein's arrest stemmed from his alleged involvement in leaking a document containing sensitive information about Hamas's priorities and tactics during hostage negotiations.
In contrast, the Supreme Court upheld the decision to keep an IDF reservist noncommissioned officer (NCO) in detention.
This NCO, who had allegedly leaked the classified documents to Feldstein, was deemed a continued security risk due to his past document leaks and disregard for military protocol.
The document was reportedly passed to the German tabloid Bild in September. It was later revealed that the document, which was central to the scandal, was authored by lower-level Hamas officials, raising questions about its accuracy and relevance.
The Bild story, published on September 6, claimed that Hamas had no interest in a hostages-for-ceasefire deal but sought to prolong talks to rebuild its military, exhaust Israel’s resources, and put psychological pressure on the hostages’ families. A similar story also appeared in the JC.
Initially reported to have been found on a computer belonging to Hamas leader Yahya Sinwar, Israeli military sources later clarified that the document was located on a mid-level Hamas commander’s computer.
Lawyers representing the NCO said their client’s “continued detention constitutes a huge injustice that we will act to correct as soon as possible.”
Justice Alex Stein said of the NCO, “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, while completely abolishing the IDF chain of command and information security procedures.”
Prime Minister Netanyahu referenced the Bild article in a Cabinet meeting on September 8, arguing that it exposed Hamas's efforts to "tear us apart from within."
However, some critics, including families of the hostages, accused Netanyahu of leaking the document to sabotage potential ceasefire negotiations for political gain.
Netanyahu’s office denied these claims, stating that the leak revealed Hamas's psychological tactics while not undermining the negotiations. Netanyahu also denied involvement in the leak, asserting that he learned about the document through the media.
The Prime Minister's Office has criticised the ongoing investigation, noting that numerous leaks have emerged from hostage negotiations and Cabinet meetings, but only the one implicating Netanyahu’s office is being investigated.
In response, coalition members introduced the "Feldstein Law," designed to protect defence officials who leak classified information to the prime minister or defence minister. The bill passed its preliminary reading in the Knesset on December 4 by a vote of 59-52.
Meanwhile, Feldstein's release is conditional. He will be monitored with an electronic device, prohibited from using any form of electronic communication, including phones and computers, and is not allowed to leave Israel.
Security services are authorised to intercept his communications if they suspect any violations of his house arrest terms. He is also required to surrender his passport within 48 hours.
