The personal and political strategic compass of Margaret Oaks –not that of the European Union to be a global actor in security matters for which he requested his appearance before the Defense Commission of Congress– could not be clearer. By the terms used and by the reference, so to speak, ‘ad femina’.
“I am particularly proud of the 3,000 men and women of the National Intelligence Center (CNI)… with its unequivocal commitment to the rule of law & rdquor ;, he said in general. “The director of the CNI is enduring accusations that do not correspond to reality & rdquor ;, she emphasized, recalling that she cannot defend herself due to her duty to keep her secret.
And here, in the reserved and classified nature of the information, as we pointed out in EL PERIÓDICO, lies the barrier that is erected to the investigation into the wiretapping of leaders, deputies and independence activists of Catalonia, the object of the appearance of Peace StephenSecretary of State-director of the CNI.
Because the issue of listening to the President of the Government, Pedro Sanchezand the Minister of Defense is already being investigated through the preliminary proceedings initiated by the judge of the National High Court, Jose Luis Calamaafter the complaint filed by the State Attorney for the infection of these phones with the system pegasus.
secret investigation
Some proceedings, it must be added, about which the chief prosecutor of the National High Court, Jesus Alonsohas reported in favor of decreeing the secrecy of the proceedings.
Robles justified last week in parliament that the telephone interventions independence leaders –whatever they are– have been done with judicial authorization. And, also, in private, the minister assures, as EL PERIÓDICO has learned, that it has been done in accordance with the law.
In her last assignment, before being appointed minister, Robles was a magistrate of the sixth section of the Third Chamber of the Supreme Court (of Contentious-Administrative) since January 1, 2005. She lost that condition by decision of the General Council of the Judiciary (CGPJ), at the proposal of its president, Carlos Lesmeswhen he agreed to go on the PSOE lists for Madrid, in the 2016 elections.
Precisely, from that Third Chamber, but from the fourth section, is the magistrate Paul Mary Lucasowner since 2009 to receive requests for entries and searches in private homes and telephone interceptions by the National Intelligence Center.
secret of confession
Those requests and their authorization remain secret of confession, so to speak, from the one who submits the request and from the one who extends his permission. In the case of the wiretaps of 2017 and later, therefore, it is a secret between Peace Stephen (she was general secretary) who should have made the request, according to the sole article of the organic law of May 2002and Lucas, who had to authorize it.
In this secrecy of confession, unlike what happens in ordinary justice, the judge has no intervention. fiscal Ministery. Who appoints the magistrate? The General Council of the Judiciary (CGPJ) every five years.
The President of the Supreme Court and the CGPJ, Carlos Lesmescame across the fact that Paul Mary Lucas he was the appointed magistrate since 2009. And he proposed his appointment again later. The last time: in 2019.
Who controls the CNI-Lucas dynamic? No one. Because the CGPJ lacks control of that jurisdictional activity. It is assumed that his mandate has been extended because the CNI was already doing well and he had no objections to the fact that said magistrate continued to attend to his requests. Lucas has, therefore, 13 years in the aforementioned role.
The explosion of the binomial
Attempts to modify this system, for example, with the introduction of the fiscal Ministery in the “binomial” they have not borne fruit. One of the alternatives that now, in light of the binomial explosioncould be adopted is to limit the magistrate in charge of processing the measures requested by the CNI to a single five-year term. And that a group of three magistrates be informed of the request in camera.
The CNI and its dependency have always been a source of controversy and rivalry in different governments.
In the case of the Government of Pedro Sanchez also. These tensions have been personified by the then Secretary General of the Presidency and now Minister of the Presidency, Felix BolanosY Margaret Oakson whom the CNI reports, given that the CNI-Government commission, which exists on paper, never meets.
In these tensions we must now point out the dispute over the responsibility for the security of the President of the Government, who is of the security Department –and within it the Department of Technical and Legal Coordination, dependent on the Information and Communication Technologies Unit– organically attached to the General Secretary of the Presidency. At the time of the espionage on Sánchez’s phone, May and June 2021, Bolaños was responsible.
Robles, asked by journalists about this organization chart, limited herself to recommending that the rules be read because they are clear.
Government use?
The situation of Peace Stephenthen, depends on the formal legality of the requests submitted by the CNI to the magistrate of the supreme court. If, as Robles assures, these requests were approved, it is not easy to impute irregularities to the director of the center.
For this, evidence would have to be shown. Although the requests approved by the Supreme Court are in writing, they are classified matter that the Council of Ministers should declassify.
At the crossroads of wiretaps –those of pro-independence leaders and those of the president and the minister–, is it a possible use of the Government?
In other words, has the government chosen to make use of a real situation – the listening to the president and the defense minister – with a sense of opportunity, that is, to respond to ERC “here they listen to us all, even to Pedro Sanchez”?
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Italians often say that aphorism of Giordano Bruno: ‘Se non è vero, è molto ben trovato’. If it is not true, it is very well found.
That is: it seems plausible.