For the first time in the history of Spanish democracy, an Attorney General will sit in the dock as a defendant—and without resigning. Álvaro García Ortiz, the top authority of the Public Prosecutor’s Office and supposed guarantor of the rule of law, will be tried by the Supreme Court for the crime of breach of official secrecy, after the Appeals Chamber upheld his indictment for leaking an email from the lawyer of the partner of Isabel Díaz Ayuso, the president of the Madrid region.
The email contained confidential tax information and was disclosed—according to the Supreme Court—through an action “coordinated and personally led” by García Ortiz himself, using his email account.
The judicial decision, supported by three judges with only one dissenting opinion, is a political earthquake. Far from accepting responsibility, the Attorney General is clinging to his post, plunging the Public Prosecutor’s Office into an unprecedented crisis. Voices within the legal profession are openly denouncing the “discredit” and “loss of neutrality” resulting from his obstinate refusal to step down.
The Supreme Court has been clear: the deletion of emails and WhatsApp messages by García Ortiz—as well as the resetting of his mobile phone on the same day the case against him was opened—may be interpreted as the “intentional destruction of evidence.”. The court recalls that, although no defendant is obliged to cooperate, eliminating evidence can serve as grounds for a conviction—especially when the accused holds the highest responsibility for upholding legality.
In contrast, the other prosecutor initially indicted, Pilar Rodríguez, was exonerated after distancing herself from García Ortiz’s strategy, appointing a new lawyer, and preserving all relevant information on her devices. She testified before the judge, used only official channels, and refused to send emails from personal accounts. García Ortiz, by contrast, asked for the compromising messages to be forwarded to a private address, from which they were allegedly leaked.
The press release issued by the Prosecutor’s Office in March 2024, partially revealing the existence of a plea agreement between the Public Prosecutor and Díaz Ayuso’s partner, is one of the central elements of the case. According to the Supreme Court, that document alone could be enough to prove the crime of breach of official secrecy. “One cannot justify disclosing confidential data to counter an untrue claim,” the judges warn.
The trial will begin in September, once the new judicial year opens. Prosecutors are demanding up to six years in prison. Meanwhile, the primary victim—the partner of Madrid’s regional president—is seeking a four-year sentence. If convicted, García Ortiz would not only go down in history as the first Attorney General to be sentenced but also as the one who drove Spain’s Prosecution Service into an abyss without even considering stepping aside.
Despite the evidence and seriousness of the charges, his refusal to resign represents yet another blow to public trust in Spain’s institutions and a further erosion of the rule of law.
