The Supreme Court magistrate Ángel Luis Hurtado has processed Álvaro García Ortiz, the Attorney General of Spain, for revealing secrets concerning Alberto González Amador, the partner of Isabel Díaz Ayuso, the President of the Community of Madrid.

After more than seven months of investigation, the judge found sufficient evidence to potentially place García Ortiz on trial for allegedly leaking emails that González Amador's defense submitted to the prosecution to negotiate a settlement in his fiscal fraud case.

According to the magistrate, García Ortiz leaked these emails 'at the behest of indications received from the Government Presidency.'

The investigation concluded that García Ortiz not only switched his mobile phone but also erased his WhatsApp messages following the initiation of the investigation in October.

Despite the ongoing legal proceedings, García Ortiz stated on Monday that he would not resign.

He reaffirmed his commitment to defending the integrity of the institution he represents and reiterated his innocence regarding the allegations against him.

Additionally, the magistrate has charged Pilar Rodríguez, the chief provincial prosecutor of Madrid, with the same crime.

Rodríguez allegedly provided García Ortiz with the emails from González Amador's lawyer.

A notable email dated February 2, 2024, revealed the lawyer's 'firm intention' to 'reach a criminal agreement' due to the commission of two offenses against the public treasury.

Rodríguez is reported to have sent the email to García Ortiz between 21:59 and 22:01 on March 13, 2024, shortly before excerpts from it were published by the press.

The magistrate alleges that the Attorney General sent the email to the media outlet Cadena Ser 'for publicity.' The leaked email reportedly contained sensitive information about an individual during private discussions between the lawyer and the prosecutor assigned to the case.

Despite the sensitive nature of the content, García Ortiz allegedly disseminated it 'to shape the narrative.'

Prior to the email's media release, copies were also sent from the prosecution to Pilar Sánchez Acera, an aide to the then-chief of staff at Moncloa and the current Minister for Digital Transformation, Óscar López, who subsequently forwarded the information to Juan Lobato, the secretary general of the PSOE in Madrid, instructing him to present it during a session in the Assembly of the Community of Madrid against Isabel Díaz Ayuso.

The magistrate remarked that this breach 'calls into question the prestige of the institution,' potentially undermining the constitutional role and function of the Public Prosecution Service.

It raised concerns that external influences could compromise its work and adversely affect the fundamental right to defense of the affected individual.

Hurtado also emphasized that García Ortiz deleted all his WhatsApp messages before authorities confiscated his mobile device, stating he had made all relevant information disappear.

Nonetheless, he believed that the messages found on Rodríguez's mobile and testimonies from witnesses were sufficient to send García Ortiz to trial for revealing secrets.

The magistrate dismissed defenses from both involved parties who argued that the information in the emails had already been made public.

He indicated that confidentiality for private matters relies solely on the affected individual's will and cited that a third party's unauthorized disclosure severely violates someone’s privacy.

While González Amador had allowed another email's public content, the magistrate clarified that he did not authorize the dissemination of the specific email from February 2, 2024. 'The confidentiality and reserve rights Alberto González Amador held over the specific content of the February 2 email were only breached when someone external to him disclosed its content without his authorization,' he explained.

The prosecution of García Ortiz heightens tension within the prosecutor's career, where several members have been demanding his resignation for months.

In January, members of the prosecution's leadership wrote a letter requesting his resignation, claiming he was causing 'unnecessary and intolerable damage to the credibility of the prosecution.' However, indications suggest that the government will continue to support him.

On the same day, the magistrate instructed the prosecution and the established complaints to request the opening of a trial within ten days, during which they must also submit charges or request dismissal.

Notably, the commencement of the trial would automatically lead to the provisional suspension of Rodríguez, as ordered by García Ortiz, though he would remain unaffected by such regulations due to his status.

The key involves two articles of the Organic Statute of the Public Prosecution Service.

The first states that the Attorney General 'will be in a situation of special services' upon appointment, thus exempting him from other articles addressing 'the provisional suspension of any member of the Public Prosecution Service against whom a criminal proceeding is followed.'

The Attorney General could thus suspend Rodríguez to comply with the statute while maintaining his position, resulting in a precedent not seen during his nearly three-year tenure.