Supreme Court Upholds Prosecution of Attorney General for Alleged Breach of Confidentiality

The Supreme Court has upheld the decision of Judge Ángel Hurtado to prosecute Attorney General Álvaro García Ortiz for an alleged crime of revealing secrets, which carries a potential sentence of up to six years in prison. The case stems from a leak regarding the investigation into tax crimes against Alberto González Amador, who is in a personal relationship with Isabel Díaz Ayuso, the President of the Community of Madrid. The Appeal Chamber, comprised of Judges Andrés Palomo, Eduardo de Porres, and Julián Sánchez Melgar, dismissed the appeals submitted by both the Prosecutor's Office and the State Attorney's Office representing García Ortiz, albeit with Judge Palomo issuing a dissenting opinion. Conversely, they unanimously accepted the appeal from Pilar Rodríguez, the head of the Provincial Prosecutor's Office in Madrid, which led to her exoneration and the archiving of her case. This ruling allows the proceedings to advance toward an oral trial, placing García Ortiz in the position of the accused. Judge Hurtado’s investigation, which lasted eight months, was initiated following an inquiry by the Superior Court of Justice of Madrid (TSJM). This inquiry related to a press release issued by the Prosecutor's Office on March 14, 2024, which categorically denied rumors published the night before by El Mundo, suggesting a deal had been offered to González Amador instead. Upon review by the Supreme Court, García Ortiz was prosecuted for the crime of revealing secrets, although they deemed the press release itself non-criminal. However, Hurtado focused his investigation on the leaks concerning the existence of a tax investigation against González Amador and a subsequent email sent by his defense, proposing to cooperate with prosecutors in exchange for a plea agreement. According to Judge Hurtado, it can be inferred that García Ortiz leaked this email to Cadena SER, leading to its public disclosure on March 13, 2024. Hurtado’s analysis indicated that the Attorney General engaged in a flurry of communications with various prosecutors, including Rodríguez, to manage the fallout from the leaked information. Similar to allegations of mishandling documents, the Judge criticized García Ortiz for allegedly deleting content from his mobile devices and personal Gmail account, interpreting this action as an attempt to obstruct the investigation. The judge stated that González Amador maintained a right to confidentiality regarding the email content until he decided otherwise, and any unauthorized disclosure by someone else constituted a breach of that secrecy. The Prosecutor's Office has accused the Supreme Court of adopting conclusions that lack clear justification, while García Ortiz's defense has sought revocation of the prosecution, claiming that Hurtado’s narrative is based on erroneous and unfounded assumptions. They argue that historical media knowledge regarding the negotiations between González Amador and the Prosecutor's Office undermines the prosecution's claims. The discourse surrounding the case reflects broader implications for judicial integrity and the balance of power within state institutions. As this highly publicized case proceeds toward trial, it garners attention not only for its legal ramifications but also for its political context in Spain, highlighting the intricate relationship between justice and governance. In related developments, González Amador has requested a four-year prison sentence for García Ortiz, along with a significant fine and compensation, while the Professional and Independent Association of Prosecutors (APIF) has demanded an even more severe sentence, reflecting the contentious nature of this ongoing legal battle. In conclusion, the Supreme Court's decision marks a significant milestone in a politically sensitive case that raises questions about the sanctity of confidentiality within prosecutorial conduct and the implications of political affiliations in legal processes. As the judicial process unfolds, observers will closely monitor its developments to assess the interplay between law and politics in Spain. Related Sources: • Source 1 • Source 2