The trial lawyers relied on the decision of the Supreme Court
The lawyers in the process took it for granted, in December, shortly after the move by judge Manuel García Castellón, that the Supreme Court would stay the case of Democratic Tsunami against Carles Puigdemont. They interpreted that he would not pass up the opportunity to have in his hands the future of what, as of now, is the main cause weighing on the independence movement. Because of the seriousness of the accusations, because it affects Puigdemont and because he runs the risk of being excluded from the amnesty, at least initially, as long as he endures the threat of terrorism. Four years after the sentence for sedition, Manuel Marchena, president of the second chamber, exacts his revenge, cooked over a slow fire, against Puigdemont, but also against the PSOE, which now sees the amnesty faltering and, in response, the legislature
The message sent by the Supreme Court
The decision of the Supreme Court sends several messages at a time when the amnesty negotiation is running out of time before going to the plenary session for the final vote, with an uncertain outcome. In the institutional crisis that the State is experiencing, the decision of the Supreme Court, the main Spanish court, shows the bunkerization of the judicial power, which hides the amnesty and the pacts of the PSOE with the pro-independence parties and, above all, with Puigdemont’s party . Protected by King Felipe VI just a few weeks ago, the criminal court staged this protection for all the judges who reject the amnesty and certifies that all possible obstacles will be put in place to apply the law as the negotiators of ERC, Junts and the PSOE
The role of Manuel García Castellón
Manuel García Castellón, the instructor of the Tsunami cause, has led the opposition to the amnesty. After the decision of the Supreme Court, all his actions are legitimized, which is not even shared by the Prosecutor’s Office, which at other times was so belligerent against the process, and which has numerous irregularities reported by the defense. With the support of the Supreme Court, García Castellón faces with more force the investigation of the accused who have not been charged, which will continue in the National Court.
The open war between the judges and the Attorney General of the State
The decision of the Supreme Court also certifies the open war between the judges and the Attorney General of the State. The criminal court does not spare the Deputy Prosecutor of the Supreme Court, Ángeles Sánchez Conde, for considering that there is no terrorism or enough evidence to open an investigation against the former president. Instead, the magistrates buy the arguments of the Supreme Prosecutors, led by Fidel Cadena, who do see arguments to impute Puigdemont as the most responsible for Tsunami, a criterion that was dismantled by Sánchez Conde, close to the Attorney General, Álvaro García Ortiz, appointed by the PSOE. The Supreme Court gives validity to Cadena’s thesis, with an implicit message to the Spanish government: the Prosecutor’s Office can say whatever it wants, that the final decision rests with the judges.
The clear message to Carles Puigdemont
The Supreme Court sends a clear message to Carles Puigdemont, who more than six years after 1-0 remains the main target of the Spanish judiciary. With the case for the referendum stuck for years in Belgium, García Castellón and the Supreme Court involve the ex-president in the Tsunami case to try to maintain the persecution against him and keep him away from the amnesty. The next step may be subpoenas to testify in the National Court and arrest warrants, because Ruben Wagensberg left for Switzerland. In the case of Puigdemont, he can be summoned to testify voluntarily, but he will refuse and instructor Susana Polo will have to request a new plea to the European Parliament, with European elections on the horizon.
The pressure on the Spanish government and the legislature
The decision of the Supreme Court also puts pressure on the Spanish government. After the pardons and the reform of the criminal code, viewed with suspicion by the Supreme Court, the resolution is a torpedo to the government’s waterline, because it amends Pedro Sánchez’s words and shakes the amnesty law that underpins the entire legislature. The negotiations between the PSOE and Junts continue to be stuck while they are looking for a solution for Tsunami. If the pressure from the Supreme takes effect, the negotiators do not move and the law becomes muddled, the legislature will enter an unknown dimension, the future of the Spanish government will be uncertain and the repression against independence will continue as it has been until now. And Manuel Marchena, discreet throughout the amnesty debate, will have culminated his slow revenge against Puigdemont, independence and, now also, against the PSOE.
