The State Attorney General, Álvaro García Ortiz, experienced one of the most complicated days this Thursday since he has been in charge of the Public Ministry. One day after the Supreme Court opened a case against himbrought together the two most relevant advisory bodies in the race to explain to its members why he is convinced that he should remain in office and listen to their considerations. Both meetings, held in a friendly tone, showed the division of the institution, with voices favorable and critical of its decision. The latter, championed by the most conservative sectors of the race, have been very belligerent with García Ortiz practically since he was appointed top representative of the Public Ministry.
In the morning, the attorney general saved the process from the Board of Chamber Prosecutors, where the members of the highest category of the career are represented. Of the thirty attendees, eight—among them, the four who made the accusation in the process—expressly stated that the most appropriate thing would be their resignation to safeguard the image and credibility of the institution. Furthermore, three other interventions were confusing, with appeals to the complicated situation to which this matter leads to the race; and a dozen interveners unequivocally supported García Ortiz.
In the Fiscal Council in the afternoon there were no surprises: a majority showed their disagreement with García Ortiz’s decision to continue leading the Prosecutor’s Office. This body, which advises the attorney general, is dominated by conservative associations that had already publicly requested his resignation just hours after it emerged that the Supreme Court had opened a case against him for the alleged leak of some emails between Alberto’s lawyer. González Amador, partner of the Madrid president Isabel Díaz Ayuso, and the prosecutor investigating him for having defrauded 350,000 euros.
In his interventions, García Ortiz insisted that neither he nor his entourage leaked any emails and that, consequently, he is convinced that the case will end up being archived, so maintaining his position is the least burdensome and most prudent for the institution. in the medium and long term. He also defended that among the functions of the Prosecutor’s Office is to report on relevant matters to guarantee the right of citizens to receive truthful information and that the press release, for which he was publicly responsible, was to vindicate the role of the Public Ministry against the spread of a “hoax”.
This thesis was supported by a dozen of the Chamber’s prosecutors who spoke during the morning meeting. Among those voices were heard those who warned of the bad “precedent” that his resignation could set, given that any more or less argued complaint would be enough to remove an entire attorney general. And there are even those who spoke of a “whim” of the Criminal Chamber when referring to the order that, unanimously, agreed to investigate the alleged leak of those emails although, for the moment, there is not even a hint of responsibility of the attorney general.
Given these positions, there were other ambiguous interventions, more focused on the consequences that this investigation may have for the institution than on the decision of the attorney general. For example, the head of the Anti-Corruption Prosecutor’s Office, Alejandro Luzón, was less optimistic regarding the limited scope that the cause predicted by the attorney general and his entourage may have and warned that the scenario could become complicated depending on how it evolves. the investigation.
Among Sala’s prosecutors there is a group, made up mainly of veteran prosecutors, who have maintained an open confrontation with García Ortiz practically since his arrival at the top of the Public Ministry. They are basically the same ones who took a position in favor of investigating the complaint by businessman González Amador and which ended up leading to the opening of a case against García Ortiz or who rejected the application of the amnesty to Carles Puigdemont.
This group is led by the four prosecutors of the process -Javier Zaragoza, Consuelo Madrigal, Fidel Cadena and Jaime Moreno-, who this Thursday championed the most critical positions with the attorney general’s decision. And they showed their deep concern about the consequences of this investigation for the image and credibility of the institution. Other high-level figures also joined this position, such as the computer crime prosecutor, Elvira Tejada; and the Supreme Court prosecutors Antonio Narváez, José Javier Huete and José Miguel de la Rosa.
Criticism of the Fiscal Council
In the afternoon, García Ortiz had to endure the fact that the six members of the Association of Prosecutors (AF) and that of the Professional and Independent Association of Prosecutors (APIF) – both conservative – urged him to resign from the Fiscal Council. . At that meeting he only received the support of the two representatives of the Progressive Union of Prosecutors (UPF), to which he was affiliated until he was appointed, and the two natural members: the lieutenant prosecutor María Ángeles Sánchez-Conde and the inspector prosecutor. María Antonia Sanz Gaite, also related to him.
The majority Association of Prosecutors already wrote in a statement published this Wednesday that García Ortiz should “reconsider” his decision “for the good of the institution.” In his opinion, his continuity in the position “calls into question the credibility of the actions of all the members of the career” beyond this process due to “the principles of hierarchical dependency and unity of action.” For his part, the APIF member once again requested his resignation to avoid the “damage” that, in his opinion, his continuity does to his career and because he will “defend himself better” being out of office.
On the other hand, the UPF also demonstrated on Wednesday its “support” for the actions of the attorney general and showed its “total disagreement” with the arguments that led the high court to make that decision given that they consider that the facts investigated are not a crime. Likewise, this association showed its “deep concern about the pressure and wear and tear” to which the attorney general and the entire institution are being subjected.
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