Attorney General Avoids Defending Prosecutors Against Lawfare Accusation

First clash between the prosecutors of the process and the Attorney General of the State, Álvaro García, following the agreement between PSOE and Junts to open commissions of investigation for possible cases of lawfare and for the amnesty law.

Oliver Thansan
Oliver Thansan
15 November 2023 Wednesday 15:22
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Attorney General Avoids Defending Prosecutors Against Lawfare Accusation

First clash between the prosecutors of the process and the Attorney General of the State, Álvaro García, following the agreement between PSOE and Junts to open commissions of investigation for possible cases of lawfare and for the amnesty law.

The four prosecutors in charge of the criminal case of the process, Consuelo Madrigal, Fidel Cadenas, Javier Zaragoza and Jaime Moreno, sent a letter to the attorney general to come out in defense of the prosecutor's career after mentions in the political agreement about the existence of a judicial persecution. As a result of the agreement, all judicial associations, deans, provisional audiences, even the Supreme Court and the National Court have issued statements of absolute rejection and highlighting the seriousness of the intentions in the political agreement signed for the investiture of Pedro Sánchez.

The attorney general has responded to the letter that the public prosecutor's office must ensure the separation of powers and avoid "interference" in the functions constitutionally attributed to it.

García refers to the amnesty law and clarifies that any position of the Prosecutor's Office regarding the norm "requires knowing" the definitive text. "The positioning of the norm will be done through statutory channels and in the procedures that demand our intervention," he states in the response.

For this reason, he defends that prosecutors must act with "full objectivity" and appeals to the principle of impartiality.

The prosecutors, with the support of more members of the prosecutor's career, defend that the request to position the attorney general as the highest representative of the Prosecutor's Office was directed at the political agreement in which the lawfare was included and not the amnesty.

The prosecutors insist that the attorney general's statement to support the members of the prosecutor's career cannot be "dilated" further in time once the agreement between PSOE and Junts has "raised suspicion" that they have led to carried out an "illegal action".