The Supreme Court has halted Manos Limpias' attempt to bring Félix Bolaños to justice for his criticism of the controversial judge Juan Carlos Peinado. The Criminal Chamber has dismissed the ultra-syndicate's complaint against the Minister of Justice and has made it clear that his words about the actions of the investigating judge in the Begoña Gómez case do not constitute a crime.
The organization led by Miguel Bernad, which acts as a popular prosecutor against Pedro Sánchez's wife, intended for the Supreme Court to investigate Bolaños for slander, false accusation, coercion, and inducement to prevarication. The magistrates have dismissed all these accusations and have recalled the scope of freedom of expression when dealing with matters of unquestionable political dimension.
The resolution is part of a triple judicial setback for Manos Limpias. The high court has also rejected two other complaints from the organization against the Minister of Interior, Fernando Grande-Marlaska, and the former Minister of Finance and socialist leader María Jesús Montero.
In a fourth decision, the Supreme Court has dismissed a lawsuit by the far-right Vox against Francina Armengol, whom Santiago Abascal's party accused of alleged false testimony for her statement about the purchase of masks before a Congressional investigative committee.
The criticisms of Judge Peinado that Manos Limpias wanted to take to court
The complaint against Bolaños was directed against his statements after Peinado decided to move towards Begoña Gómez's trial. The minister called that decision "a disgrace", argued that it had caused damage to justice, and expressed his confidence that the Provincial Court of Madrid would revoke it.
Manos Limpias maintained that these statements could constitute several crimes. It also denounced the minister for addressing the General Council of the Judiciary to demand a response to what it considered improper conduct by Peinado during his testimony as a witness in the case.
The Supreme Court rejects that those words were slanderous. The order, of which magistrate Manuel Marchena was the rapporteur, states that the exercise of freedom of expression "broadens its scope of legitimacy" when the opinion refers to a matter of unquestionable political dimension.
The Chamber also dismisses the accusation of false reporting. The magistrates explain that Bolaños did not file a complaint or a lawsuit against Peinado in which he falsely attributed a criminal offense to him.
Nor do they appreciate that the minister tried to induce the Madrid High Court to pervert justice by expressing his desire for it to review the instructor's decision. Requesting a court to issue a resolution in accordance with the law does not constitute an inducement to commit a crime, concludes the Supreme Court, which also dismisses the alleged coercion of the judges' governing body.
The resolution once again focuses on the ultra organization that filed the complaint with which Peinado opened the case against Begoña Gómez in 2024. Since then, the investigation has been surrounded by controversy and the defenses have questioned the magistrate's actions, several of whose decisions have been corrected by the Provincial Court of Madrid.
The High Court maintained in July the continuation of the procedure before a jury for alleged influence peddling and embezzlement, but dismissed two other crimes and lifted the precautionary measures imposed on Gómez. In September, Peinado agreed to open an oral trial against her and her advisor Cristina Álvarez. The Prosecutor's Office has requested the dismissal, while the accusations request her conviction.
The court also rejects Vox's complaint against Armengol
The Supreme Court has also dismissed the complaint with which Manos Limpias intended to attribute criminal responsibility to Grande-Marlaska for the death of four civil guards in anti-drug trafficking operations in Barbate, Cádiz, and Huelva. The organization argued that the agents had not been provided with sufficient means to work safely.
The magistrates maintain that no evidence of a causal contribution by the defendants to the risk that triggered the deaths has been provided. The Chamber specifies that its examination is limited to the criminal sphere, thus leaving out other considerations that may be part of the public debate on the provision of resources.
The third complaint by Manos Limpias was directed against María Jesús Montero for two budget modifications approved in 2024 to finance pension items with credits initially intended for the Recovery Plan. The pseudo-union attributed alleged crimes of embezzlement, prevarication, and disloyal administration to her, but the Supreme Court does not find elements to open a criminal case.
The court has also rejected the complaint filed by the far-right Vox against Francina Armengol. The far-right party accused her of false testimony for her answers before the parliamentary commission that investigated the purchase of sanitary material during the pandemic, particularly regarding her relationship with former ministerial advisor Koldo García.
The Chamber considers that there is not enough basis to affirm that Armengol substantially altered the truth. It recalls that the socialist leader admitted having spoken with García, although she claimed not to remember the content of some conversations. It also points out that denying participation in the contracting processes is compatible with having facilitated contact with officials of the Balearic Government.
The magistrates add that, even if inaccuracies or omissions could be appreciated in her statement, more elements would be necessary to admit a complaint for false testimony.
