Spanish Supreme Court Sentences Attorney General for Disclosure of State Secrets

On Thursday, the Spanish Supreme Court delivered a groundbreaking verdict, sentencing Attorney General Álvaro García Ortiz to two years of disqualification from public office for the unauthorized disclosure of official secrets in connection with a tax fraud case. This conviction marks a significant moment in Spanish legal history, as García Ortiz is the first Attorney General ever to be investigated and prosecuted since the end of Francisco Franco's dictatorship in 1975, underscoring the political ramifications that accompany the ruling, particularly between the country's two main rival parties. Appointed in 2022 directly by Prime Minister Pedro Sanchez, who has staunchly defended him in recent months, García Ortiz now faces the serious consequences of his actions. The whistleblower in this case, businessman Alberto González Amador, is known to be closely tied to the political landscape; he is the partner of Isabel Díaz Ayuso, the president of the Madrid region and a leading figure of the People's Party, which serves as the main opposition party on the center-right. García Ortiz has continually maintained his innocence, despite accusations of sharing emails with Spanish newspapers. These emails, exchanged between the Madrid prosecutors' office and González Amador’s lawyer—who is currently facing fraud charges—suggested that González Amador was prepared to plead guilty to specific tax offenses in return for a lighter sentence. Nonetheless, the judges' determination on how these emails were leaked to the press remains unresolved, with further details anticipated in the forthcoming publication of the court's reasoning behind the ruling. During the trial proceedings, over 40 witnesses were called to testify, including several journalists who had obtained the emails in question. However, these journalists invoked professional secrecy, which allows them to protect their sources by refusing to disclose who provided the information. The prosecution had initially sought a harsher punishment, aiming for up to six years of imprisonment and a disqualification period of up to 12 years. In the wake of this decision, some government sources revealed to El País that they would refrain from commenting until the complete ruling is published. There appears to be dissent within the government regarding the court's decision, yet steps are underway to appoint a new Attorney General promptly. García Ortiz is also mandated to pay a fine of €7,200 and €10,000 in compensation to González Amador. As the ruling from the Supreme Court is final, an appeal is not possible, though García Ortiz might pursue an annulment to escalate his case to the Constitutional Court—though such an attempt seems unlikely to succeed given the circumstances. This pivotal case reflects the intricate interplay of law, politics, and press freedom in Spain, bringing to light the enduring legacy of past authoritarian regimes and their lasting influence on contemporary governance. Related Sources: • Source 1 • Source 2