Spain's top prosecutor faces historic trial over alleged leak

In the next ten days, all eyes in Spain will turn to an unprecedented trial in the country's democratic history: the trial of its Attorney General, Álvaro García Ortiz.

Starting Monday, the nation’s top prosecutor, appointed by the government, will become the first sitting Attorney General ever to stand trial.

García Ortiz, who has held the position since 2022, is accused of leaking confidential information related to an incident that occurred in March 2024.

Allegedly, he leaked an email concerning Alberto González Amador, the partner of Isabel Díaz Ayuso, the President of the Madrid region and a leading figure in the conservative People's Party (PP).

The email reportedly revealed that Amador's lawyer had offered a deal in his tax fraud case, admitting to two counts of fraud in exchange for avoiding jail time, in correspondence with the Attorney General’s Office.

The alleged confession was politically damaging for the PP. Although Amador himself is not a politician, the revelation directly contradicted Ayuso's narrative that the case against her partner was part of a political persecution orchestrated by the ruling Socialist Party.

According to many experts, the case bears the hallmarks of political lawfare, as it involves Spain’s two main parties amid an atmosphere of intense political polarization, and is built on limited evidence.

"More than 20 people had access to those emails. It could have been any of them. But for reasons we still don't know, the investigating judge decided that García Ortiz was the main suspect," explains Josep Lluís Martí, a law professor at Pompeu Fabra University.

According to Martí, there is no strong evidence supporting the accusation, and the investigation mainly rests on the fact that García Ortiz deleted data from his mobile phone, something he claims is standard practice for someone in his position.

"The judge ordered a forensic examination of his phone and computers, which showed that all data had indeed been erased. While that might seem suspicious, as Attorney General he had both the motive and the right to clear sensitive information," Martí adds.

As a result, the outcome of the case may depend heavily on witness testimony. Around 40 witnesses are expected to appear, including prosecutors, journalists, politicians, lawyers, and police officers.

The testimonies of about ten journalists summoned to court will be crucial. "They have the right to remain silent and not disclose their sources, but they could also choose to do so," Martí explains.

If any journalist were to identify García Ortiz as the source, the case against him would gain weight.

However, so far, most journalists questioned during the investigation have refused to reveal their sources but have stated that the Attorney General was not among them.

"If that is confirmed during the trial, it would clear the Attorney General of any suspicion," Martí says.

Regardless of the verdict, many observers view this as a clear example of political lawfare.

"It's always difficult to determine when a case qualifies as lawfare, since people tend to see it that way only when it’s used against them," Martí notes.

"However, this case seems more evident because leaks from judicial investigations are extremely common in Spain. It shouldn't happen, but it does, almost every week,  and none of those cases are prosecuted. There's a certain tolerance. Except in this one."

“It's hard to believe there isn't a political motive behind pursuing this particular case. It's difficult to see it as purely a matter of justice," Martí adds.

Despite the magnitude of the case, Martí does not believe it will lead to structural reforms in Spain's judicial system.

"This was a very particular case involving politically influential people, which made it exceptional. But I don't see any solid grounds for systemic change," he concludes.