García Ortiz Requests Supreme Court to Dismiss Case, Points to Ayuso's Partner and Associates as Source of Leak

The lawyer for the Attorney General of the State (FGE), Álvaro García Ortiz, has requested the Supreme Court to dismiss the case regarding the alleged leak of information related to a proposed criminal agreement involving Alberto González Amador, partner of the President of the Community of Madrid, Isabel Díaz Ayuso, concerning an alleged tax fraud offense.

According to the document sent to the Second Chamber of the High Court, the investigation has failed to provide direct incriminating evidence against the top representative of the Public Prosecutor's Office, while it has gathered substantial exculpatory material.

García Ortiz's lawyer argues that the proceedings against him "are part of a carefully orchestrated legal strategy to present a distorted version of events." "Far from a neutral presentation, the complaint deliberately omits any circumstances that could refute or qualify the incriminating narrative it seeks to uphold, portraying the complainant as a mere private individual, when he was a person of public notoriety due to his romantic relationship with the President of the Community of Madrid."

The document continues, stating that due to this relationship and status, he proceeded to disclose information about prior communications with the Economic Crimes Prosecutor's Office, "which were an essential part, through their manipulation and biased presentation, of the intense media and institutional activity that unfolded on the night of March 13, 2024; omissions aim to artificially shift suspicion" towards García Ortiz.

The document outlines the chronology of events, emphasizing that the information at the center of the controversy "had already been known, transmitted, and verified" by journalists and third parties at least 24 hours before García Ortiz accessed it.

It also highlights that "there is no evidence whatsoever" that the Attorney General participated in the dissemination to media outlets of the emails or confidential documents under investigation.

On the contrary, his defense claims that individuals close to González Amador, including the chief of staff of the Madrid President, Miguel Ángel Rodríguez, sent images, messages, and excerpts of the aforementioned emails to journalists prior to the alleged leak attributed to the Public Prosecutor's Office.

The document also emphasizes the absence of criminal relevance of the investigated facts, considering that, according to the Supreme Court's doctrine, information loses its secret nature once it is disclosed to information professionals. Thus, the potential involvement of the FGE in the dissemination would be "atypical," as by the time of its knowledge, the information "was public domain" and had been widely reproduced in media and networks.

"Mr. González Amador's attempt to project an image of ignorance about the negotiations with the Prosecutor's Office, in open contradiction with the statements of his own lawyer, not only compromises his credibility but also requires special caution when assessing the truthfulness of his testimony," they argue.

Furthermore, García Ortiz's lawyer emphasizes that the deletion of data from the phone terminal carried out by his client, which was heavily criticized by the prosecution, "in addition to being a legitimate action and scrupulous with the right to data protection, does not constitute in any case an indication of authorship of any crime."

The document concludes by pointing to Ayuso's partner's circle as the source of the leak. It states that "it is highly plausible" that the information contained in both the March 12, 2024 email and the February 2 email—with the acknowledgment of the facts and the request to seek a subsequent criminal agreement and its specific terms, consisting of the admission of two tax offenses and one of document falsification in exchange for a fine and the avoidance of imprisonment—was known by the journalist who published it through Alberto González himself and Miguel Ángel Rodríguez "or individuals from their immediate circle."

For all these reasons, the defense requests the definitive dismissal of the case and rules out any involvement of the Attorney General in criminal acts, emphasizing that the investigation not only failed to prove the accusation but also confirmed the prior circulation of the information through channels unrelated to the State Attorney General's Office.

In conclusion, the document from Álvaro García Ortiz's lawyer seeks to highlight the "full diligence" of the investigating magistrate and considers it "inadmissible" to maintain the charge, as there are insufficient indications of a crime.