The judge Calama backs down and will study whether the beginning of the 'Plus Ultra case' violated Zapatero's rights

Judge José Luis Calama has rectified his decision to completely reject the incident of nullity presented by José Luis Rodríguez Zapatero and now agrees to study eight of the resolutions that initiated the 'Plus Ultra case'. The former president's defense thus manages to have the magistrate delve into the merits of the possible rights violations he had denounced.

Calama had dismissed the brief on July 24, understanding that it had arrived outside the legal deadline of twenty days. A new review of the dates has led the investigating judge of the Audiencia Nacional to acknowledge that the parties accessed an essential part of the documentation later than he had initially calculated.

The proceedings opened by the Anti-Corruption Prosecutor's Office remained out of reach of the defenses until May 29, 2026. That date now marks the beginning of the deadline, which expired at 3:00 p.m. on June 26. Zapatero had registered his petition the day before. "The brief presented by the procedural representation of José Luis Rodríguez Zapatero was presented within the legally established period," the judge admits.

Eight resolutions that support the beginning of the case

The rectification extends to the resolutions identified by the defense with numbers 1 to 8. Among them are the order that opened the investigation on November 28, 2025, the incorporation of the Anti-Corruption proceedings, several initial authorizations for entries and searches, and the decision of the Madrid court to decline jurisdiction in favor of the Audiencia Nacional.

The defense argues that these actions incorporated material obtained and analyzed in violation of fundamental rights. Its objective is to exclude the questioned evidence and leave subsequent judicial decisions that arose from them without support. Calama must now examine these arguments and rule on the validity of the start of the investigation.

Resolutions 9 to 12 remain outside the incident for having been challenged out of time. This block includes subsequent searches in Zapatero's office and in several companies, as well as the opening of a separate piece for the jewels seized in his offices, initially valued at 1.3 million euros.

However, those actions could also end up affected. The judge himself acknowledges that an eventual nullity of the first eight resolutions could project onto the following four, due to the existing relationship between the decisions that opened the case and the subsequent agreed proceedings.

The investigation remains open

The admission of the incident allows Zapatero's petition to be studied, but it does not yet eliminate any evidence or annul any resolution. The procedure continues while Calama decides whether the alleged violations denounced by the defense are substantial enough to invalidate the initiation of the proceedings.

The 'Plus Ultra case' investigates an alleged crime of influence peddling related to the negotiations that preceded the public loan of 53 million euros granted to the airline. The case has gained momentum in recent weeks after several investigated businessmen pointed to the alleged intervention of the former president to facilitate the operation.

Zapatero has denied having made efforts before SEPI or the Government to secure the rescue and maintains his "absolute innocence." His defense is now trying to attack the procedural basis of the investigation before new statements and economic reports commissioned by the judge advance.

Calama must decide whether the eight admitted actions respected the former president's guarantees and whether they can remain within the procedure. Until that decision is made, all proceedings retain their validity and the investigation against Zapatero continues.