The first action by Álvaro García after the Supreme Court opened proceedings against him was to convene the two most influential advisory bodies within the Public Prosecutor’s Office.
The Fiscal Council has called on the Attorney General of Spain, Álvaro García Ortiz, to resign after the Supreme Court decided to initiate a case against him for the alleged revelation of secrets. According to sources present at the meeting, seven council members requested his resignation to safeguard the dignity of the institution, while four supported his continued tenure. The majority of the council is made up of members from the Association of Prosecutors (AF) and the Independent Professional Association of Prosecutors (APIF), both considered conservative groups. García Ortiz was the first to speak, arguing that the Public Prosecutor’s Office would be left “weaker” if he were to step down. He also stated that he did not leak any emails regarding the negotiations between the Prosecutor’s Office and Isabel Díaz Ayuso’s partner, Alberto González Amador, who is involved in a tax fraud case. All council members spoke after him.
The AF holds six seats in the Council compared to the two seats held by the Progressive Union of Prosecutors (UPF). The APIF has one seat, and the two natural members, María Ángeles Sánchez-Conde (the Deputy Prosecutor) and María Antonia Sanz Gaite (the Inspector Prosecutor), also participated. Both the AF and the APIF had previously called for García Ortiz’s resignation after his indictment was made public, while the UPF defended him.
“The damage to the institution caused by maintaining this scenario far outweighs any harm caused by concluding it, starting with the anomaly of having someone who is part of a legal process continue to lead the office that is responsible for upholding the law, citizens’ rights, and the public interest,” the AF stated in a new press release this Thursday.
The UPF, on the other hand, reiterated its “strong support for the Attorney General’s decision not to resign,” justifying this stance on “moral, institutional grounds, and the content of the judicial resolution itself.” Before becoming Attorney General, García Ortiz was a member of this association and even served as its president.
Partial support within the Board of Prosecutors
After the Supreme Court proceedings were opened, García Ortiz’s first action was to summon the two major advisory bodies within the Public Prosecutor’s Office. The Board of Chief Prosecutors also met this morning. While many expressed their support for him, there were critical voices calling for his resignation. At least eight members clearly favored his departure during a meeting with around twenty interventions. Some sources suggest that up to ten prosecutors called for him to step down.
García Ortiz convened both the Council and the Board “to inform them of his decision not to resign, provide the necessary explanations, and listen to the concerns of the participants.” During both meetings, he reiterated the message from the press release issued after the Supreme Court’s ruling. He argued that staying in the position was “the least harmful and most prudent decision for the institution in the medium and long term,” as stepping down would signal the Public Prosecutor’s weakness in the face of accusations from individuals under investigation. He also cast doubt on the progress of the investigation and the likelihood of proving whether he was the one who leaked the emails related to Ayuso’s partner, as the court suggested in its ruling.
During the Board meeting, prominent figures such as Anti-Corruption Prosecutor Alejandro Luzón and former Attorney General María José Segarra expressed doubts about García Ortiz’s decision to stay, though they personally expressed their support and affection for him. Ten members of the Board explicitly backed him. However, other members, including prosecutors involved in the “procés” case like Javier Zaragoza, Fidel Cadena, Consuelo Madrigal, and Jaime Moreno, opposed his decision to remain, arguing that he should step down to protect the institution’s reputation. This critical group was joined by former Constitutional Court magistrate Antonio Narváez, Cybercrime Prosecutor Elvira Tejada, Juvenile Prosecutor José Javier Huete, and José Miguel de la Rosa from the Civil Chamber of the Supreme Court. Some sources also included Luzón, Women’s Violence Prosecutor Pilar Martín Nájera, and Drug Enforcement Prosecutor Rosana Morán among those who viewed García Ortiz’s decision to stay as a mistake. Two other members voiced “institutional concerns” during the meeting.
