As expected, after a month of white on black news – not that it was previously known from other sources – that the CNI was spying, and not just the official CNI or other occult brothers, we are receiving extremely disturbing information. We know the names of the spies and the dates of the spies. We will learn more because this has only just begun, but we already have enough evidence to challenge the official statements, contradicting each other and refuting the most up-to-date of the previous ones, only in this four-week period. The circus that will come will be one of those that create a hobby.
The constant that emerged at some point from the lips of Defense Minister Margarita Robles is that espionage was legal. Having seen what they saw, doubts about its legality and, moreover, about constitutionality do not cease to grow, which is important, since there may be unconstitutional laws, even without being declared as such. The more information, the more fertilizer on the fertile field of skepticism, when doubts do not border on suspicion of the worst.
Let’s look at some legal element that gives context to the maelstrom of declarations. The first focuses on the CNI action plan. Thus art. 3 of Law 11/2002: “The Government shall determine and annually approve the objectives of the National Intelligence Center by means of an Intelligence Directive which shall be secret.” It is the Government that annually sets the goals of the CNI. Nobody but the government sets them, so the CNI is a mere executor of the government’s directives. Or, what is the same: the CNI cannot act on its own, among other things, because it is also subject to the legal system, as its own law suggests, that is, it is also subject, like the public authority that it is, to legality and the prohibition of arbitrariness established by the Constitution.
If a conclusion is reached that falls outside the scope of the annual Exploration Directive, it would be appropriate to ask the government to rethink it. Amended and all, the question is very simple: was this originally included or amended in the 2019 or 2020 directives on surveillance of certain Catalan politicians and public figures or within their radius of action?
From the names apparently disclosed by the dismissed (sic) director of CNI, we will pick two at random. One of them belongs to the current President of the Generalitat and later to the Vice President, a significant leader of the ERC. The reason for requesting their observation was their possible association with the CDR. Apart from the fact that this accusation stems from an imagined poverty worthy of an abrupt end, the dates of his espionage revealed by La Vanguardia have nothing to do, as of the date of the trial, with the final activities of the CDR. and the Democratic Tsunami. It coincides with January 7, 2020, namely the investiture of Pedro Sánchez. From which, short of a better conclusion, we must conclude that the government ordered to spy on the Pope of Aragones while he was negotiating his investiture with the Prime Minister. I already pointed it out above: imagined poverty. It is related to espionage for some enemies of a certain type of state and for their own benefit. Ask Nixon.
Let’s choose another one of those being spied on, always from the same source. Here we have Gonzalo Boye, who is linked to ETA in October 2020 for being convicted of kidnapping Revilla in 1996. Meanwhile, no other out-of-court or judicial investigation is under way into Boye. More imagined poverty. It is hardly possible to draw any other conclusion than that the purpose of the observation here was to identify the defense strategies that this lawyer, as a professional, put at the service of Puigdemont and other leaders who campaigned for independence. Here, moreover, the secrecy of defense, which is the basis of the right to defense, a fundamental right, the operation of which can never be suspended, was violated. Ask Garson.
Thus, it is legitimate to wonder what the director of the CNI reported at her regular meetings both with her boss, the Minister of Defense, and, when required, with the Prime Minister. An independence movement focused on a certain understanding of what Spain should be like does not seem to be a minor issue in these accounts.
Hiding it suggests yet another insult to the mind, joining the milling wheel of the government’s ignorance in this matter. If the unlawful and outward expression displayed by Minister Bolaños in his appearance on May 2 is true and general. Thus, some of the above could not be attributed to conventional CNIs. Possibly, as was said in one of the GAL tests. Thus, if brown, green, and blue existed, the CNI could also assign colors, colors that would preclude its subordination to legality.
All this brings us to the said legality of the judicial sanction. To obtain this, in accordance with section 2 b) of the only article LO 2/2002, it must contain the facts on which the request is based, the objectives that motivate it, and the reasons that recommend the adoption of records or monitoring.
The law does not say this, but the facts must be true, and not some kind of deception informally connected with reality. The law also does not say so, but the goals must be consistent with those that the CNI should pursue legally, among which it does not consider surveillance of those who negotiate with the government, or figure out a strategy for protecting subjects being prosecuted. by justice. The reasons mentioned in the law cannot contain the general reason that they are espionage “enemies of Spain”. Or, in other words, what the CNI requires of a judge must be real, legal, and constitutional.
Through this usual interaction between fact and norm, easily recognizable conclusions are obtained, which it is unnecessary to state here.
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