Attorney General Álvaro García Ortiz Faces Legal Scrutiny Amid Controversy

This week marks a pivotal moment for Álvaro García Ortiz, the Attorney General of the State, as he finds himself embroiled in a storm of controversy and legal challenges. Starting Tuesday, the beleaguered Attorney General, who has been under scrutiny for some time, is set to testify as a suspect in a criminal case, a first for someone in his position. On this critical Wednesday, he could find himself testifying with his role potentially suspended due to ongoing legal issues.

At the heart of this turmoil is the Supreme Court’s examination of García Ortiz's appointment in light of the disputed promotion of his predecessor, Dolores Delgado. The controversy surrounding Delgado’s elevation to chamber prosecutor—a prestigious position—was marked by accusations that García Ortiz acted against the majority recommendations of the Fiscal Council, his advisory body. Critics assert that his actions were more about granting Delgado a favor than adhering to proper meritocratic principles.

Following the Supreme Court’s ruling to annul Delgado’s appointment, which underscored a significant misuse of power, calls for García Ortiz’s resignation grew louder, particularly from the Popular Party. Delgado herself, defiant in the face of the ruling, has taken her case to the Constitutional Court, which is expected to begin discussions on the matter soon.

In a bid to stabilize his position, the government swiftly announced that García Ortiz would remain as Attorney General. The standard mandate for this role is four years, but it can be cut short if the government changes. His appointment was officially renewed by President Pedro Sánchez just before the end of 2023, in an apparent effort to quell the brewing discontent.

Nevertheless, this week’s developments reveal that García Ortiz’s troubles are far from over. A lawsuit has been filed against his renewal by the Professional and Independent Association of Prosecutors (APIF), questioning his qualifications given the annulling of Delgado’s promotion and his various alleged legal missteps.

As García Ortiz prepares to face the Supreme Court judges again on Tuesday, the stakes are exceptionally high. If the court rules against him, he could see his appointment annulled, intensifying the political fallout. To complicate matters further, he is set to appear in court on Wednesday as the first Attorney General to testify as a suspect in a criminal investigation, facing accusations related to the leak of sensitive information regarding private dealings involving Isabel Díaz Ayuso’s associate, Alberto González Amador.

The judge presiding over this case, Ángel Hurtado, suspects García Ortiz was behind the leak of an email where González Amador’s legal representatives acknowledged two tax crimes committed by their client. García Ortiz's Public Prosecutor’s Office has claimed foul, suggesting that any misinformation stems from a communication mishap initiated by Ayuso's Chief of Staff. The office asserts they worked promptly to refute the allegations circulating on March 13; however, there are ongoing concerns about the lack of evidence on García Ortiz’s phone during the critical days in question.

As these events unfold, they highlight a poignant intersection of law, politics, and ethics within the Spanish legal system—one that may reshape perceptions of the Attorney General’s office. The outcome of both the Supreme Court's decisions and the criminal questioning could redefine the future of Álvaro García Ortiz and the integrity of Spain’s prosecution services.

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