Analyzing the Historical Precedent: The Significance of the First Conviction of a Serving Spanish Attorney General
Spain's Attorney General, Álvaro García Ortiz, has been found guilty by the Supreme Court of disclosing confidential information, marking the first time in the country's modern history that a serving top prosecutor has faced a criminal conviction and been disqualified from office. The ruling, delivered in a split vote, carries significant political weight and deals a major blow to the Socialist government of Prime Minister Pedro Sánchez, who had publicly defended García Ortiz throughout the controversial legal proceedings. The verdict comes amid intense scrutiny of the judiciary and a charged political environment in Spain, where the case is seen as a central battleground between the national left wing government and the conservative regional government of Madrid.
The Supreme Court sentenced García Ortiz to a two year disqualification from public office, effectively removing him from his post. He was also ordered to pay a fine of €7,200 and compensate the complainant with €10,000 for moral damages. The conviction stems from an accusation that García Ortiz was responsible for leaking an email exchange to journalists concerning the tax fraud investigation of Alberto González Amador, a businessman and the partner of Isabel Díaz Ayuso, the powerful and outspoken conservative regional president of Madrid. The leaked email reportedly contained an offer from González Amador’s lawyer to reach a plea deal, which included admitting to alleged tax offenses to avoid jail time.
García Ortiz, who was appointed Attorney General in 2022, had vehemently denied the charges, stating that he had neither leaked the information nor ordered the leak. His defense argued there was "absolutely no evidence" linking him directly to the disclosure. The Attorney General’s office had issued a press release at the time of the leak to correct what it called a "false version" of the negotiations being circulated by Ayuso's political circle. However, the Supreme Court ruled against him, leading to his conviction for the crime of revealing confidential data under the Penal Code. The ruling was passed with a majority of five of the seven judges on the panel, with the remaining two judges dissenting and planning to issue a separate opinion.
The verdict immediately sparked strong political reactions. Prime Minister Sánchez’s government issued a statement expressing its respect for the court’s decision but adding that it did not agree with the ruling, and announced that the process to appoint a replacement attorney general would begin soon. The conservative opposition, led by the People’s Party, seized upon the conviction as evidence of the government's interference in the justice system, with PP leader Alberto Núñez Feijóo stating that the "anomaly will weigh on Sánchez for ever." The case has intensified the debate over the politicization of Spain’s judiciary, especially given that the conviction is the first of its kind. García Ortiz retains the right to appeal the ruling to the Constitutional Court.
The political fallout from the case is compounded by separate ongoing corruption investigations involving the prime minister’s wife and brother, which the opposition has repeatedly used to question the integrity of the Socialist government. For the Spanish public, the conviction of the top prosecutor signifies a dramatic moment that underscores the deep partisan divide affecting the country's highest legal and political institutions. The immediate removal of García Ortiz will necessitate a swift replacement, which will likely be another politically fraught process in the already volatile Spanish political landscape.