The headline from Politico
pretty
much sums up the bombshell – practically up there with Franco’s infamous “bando
de guerra’’ announcement as the beginning of Spain’s Civil War – ‘Spain’s
top court ousts the Attorney General, escalating the prime minister’s feud with
the judiciary’.
This is all to do with the
lack of the Constitutional presumption
of innocence; plus the coincidence that the ruling came out
precipitously on November 20th (the 50th anniversary of Franco’s
death and – by chance – the very day when the Almería PP collapsed
in yet another scandal). The announcement of ‘Guilty’ itself a filtration (of
all ironies), since the ruling itself hadn’t been written: the five
conservatives in the Supreme Court voting according (apparently) to their
politics rather than their understanding of jurisprudence and furthermore
without proof of guilt beyond accusations from various far-right groups
including Vox and the hate groups Manos Limpias and Hazte Oir.
The court banned the Attorney
General Álvaro García Ortiz from holding public office for two years for
allegedly leaking details of a tax probe involving the partner of Madrid’s
regional leader Isabel Díaz Ayuso, a rising star among the country’s
conservative voters. It further fined him 7,500 euros and ordered him to pay
‘the boyfriend’ (‘el Novio de Ayuso’) as Ayuso’s companion Alberto
González Amador is habitually called, 10,000 euros for his troubles.
An opinion piece from the
director of elDiario.es begins:
‘The lies of Miguel Ángel Rodríguez (Ayuso’s adviser) and Isabel Díaz
Ayuso, the far-right accusations, the hoaxes, and those who published those
falsehoods have won. The fraudulent middleman has won. Journalism that verifies
the news has lost, the Attorney General has lost, the truth has lost. And
justice has lost as well. Its image in the eyes of the public is once again
tarnished by a conviction that is very difficult to explain…’
To further quote Politico:
‘Justice Minister Félix Bolaños said that the government was obliged “to abide
by the sentence” and appoint a new attorney general. But he stressed the
executive’s disagreement with the conviction and reaffirmed its belief in
García Ortiz’s innocence’.
Cadena Ser has:
‘The president of the Progressive Union of
Prosecutors says that "The Supreme Court has convicted an innocent
man, and this will have profound consequences for trust in the justice
system"’.
José Antonio Martín Pallín,
emeritus magistrate of the Supreme Court, says
"The ruling is the closest thing to a coup d'état".
Pedro Sánchez, speaking
from Johannesburg on Sunday, said he accepted the sentence of the Supreme
Court, but profoundly disagreed with it.
Indeed, everyone on the left
is equally sure of the Attorney General’s innocence. The Podemos far-left
leader: ‘First they
went for Podemos, then they went for the Catalonians and now they’ve gone
for the PSOE in a further example of a judicial coup’.
The previous mayor of Madrid
Manuela Carmena says
that ‘the ruling is deeply unfair’.
The Minister for Public
Administration, Óscar López, expressed
feeling a sense of "desolation, weariness and disbelief in many
things," and announced that the Government will activate whatever
mechanisms are necessary.
Yolanda Díaz (Sumar) says
that the sentence is a judicial resolution without any incriminating evidence
and that the ruling is directed against the coalition government.
Gabriel Rufián from ERC said,
“The message is clear: Ayuso is untouchable”.
The five-to-two ruling of the
seven judges within the tribunal, says elDiario.es,
shows that ‘the division within the court inevitably raises doubts about the
independence of the judiciary or its politicization. The PP's methodical
strategy with the General Council of the Judiciary (CGPJ) has allowed it
to control Supreme Court appointments for decades, giving the right wing an
overwhelming majority in all its chambers’.
Finally, a
legal opinion, made a day before the sentence was given: ‘This is the first
time in Spanish history (this is truly historic, unlike the trivialities of
Núñez Feijóo, for whom everything is historic) that a court has tried the
Attorney General. And given that he is being tried, one would think it would be
for a very serious crime. But we have become accustomed to trivializing crimes,
always within the sphere of the Government and its President. We have become
accustomed to victimless crimes fabricated from newspaper clippings that
certain judges seize upon as if they were the most important professional
matter of their lives, and which they investigate as if the Holy Inquisition
would. The crime, if it exists, is insignificant, and only a diabolical mind
could have transformed an official statement into a crime of revealing secrets.
But that is the level of justice we have in Spain today, thanks to the alliance
of judges and right-wing politicians…’
Let us not forget José Maria
Aznar and his
famous ‘Let him who can do something, do something!’
…
On the other hand, the
president of the Community of Madrid – Isabel Díaz Ayuso – says
that it had all been an attempt by Pedro Sánchez to "undermine" the
separation of powers and an "attack by the State apparatus" against
her boyfriend Alberto González Amador. El Huff Post asks:
‘Do we need to be reminded of what happened to Pablo Casado (the previous
leader of the Partido Popular) when he accused Isabel Díaz Ayuso of bribery?
Does anyone even know what has become of Pablo Casado? Do we also need to be
reminded of what just happened to the Attorney General, who was accused by
Ayuso's boyfriend?’
An opinion piece from La
Sexta says
that ‘According to Ayuso, the Supreme Court's ruling demonstrates that things
typical of a "dictatorship" happen in Spain. A dictatorship in which
she can freely spout whatever nonsense she pleases; her partner has been able
to take an Attorney General to court and win; and the government has said it
will abide by the ruling.
Indeed, it would appear that
Ayuso's boyfriend decided on sober reflection neither to commit suicide nor to
leave Spain (as he had threatened while speaking as a witness during the court
case); on the contrary, he buys a luxury penthouse in the toniest part of Madrid
(with, and excuse the joke, the AG providing the down-payment).
And what says the leader of
Vox, Santiago Abascal? On Twitter he
writes: “Álvaro García Ortiz is the first Attorney General to be convicted
in the history of Spain. Pedro Sánchez will also be the first president in the
history of Spain to end up in prison”.
…
On Sunday, hundreds of people demonstrated in front of the Palacio de Justicia in Madrid
shouting ‘golpistas con toga’ (something like: ‘treacherous judges’).
On Monday, García Ortiz sent his letter of resignation to the Minister of Justice Félix Bolaños. It said in part: “Though my decision stems directly from the
ruling, I’m convinced that I’ve faithfully served the institution to which I am
honoured to belong, with an unequivocal vocation for public service, a sense of
duty and institutional loyalty.”
Tuesday began with the proposal of a new attorney general: Teresa Peramato.
…
President Sánchez is becoming
used to the lawfare by the judiciary against his wife, without any
wrongdoing discovered after eighteen months despite a judge’s mediatic and continuous
fishing attempts, and his brother, who obtained his rather unimpressive job as a
music teacher in Badajoz before Sánchez was voted in as president.
The questions ordinary people
might be considering include – If the Attorney General is convicted before the
person who billed millions for masks with false invoices… what message does
that send to anyone who investigates those in power? González Amador – a mere
health technician – allegedly earned two million euros selling face masks at
the height of the pandemic and attempted to avoid paying any tax on the profits.
…
What is lawfare – I’m
glad you asked: From Google IA: ‘Lawfare is "war through the
courts," that is, the instrumental use of legal procedures to persecute,
weaken, or harm political adversaries’.
…
The theory is that Franco may
be fifty years dead, but Francoism is still a runner.
…
We are beginning to enter
into election territory.
While Feijóo and Abascal, the
leaders of the right and the far-right, need each other in a partnership (one
which with Vox as the junior member no doubt wagging the tail of the dog), an
alternative and vastly more attractive and bombproof leader waits in the wings:
Ayuso.
This is what all the fuss is
about. Ayuso is commendably far to the right, while still within the Partido
Popular. She’s pretty and – unlike the inept Feijóo – she’s a vote-catcher.