Why Cerdán is in prison and the others involved are not

MadridFollowing the ruling on the amnesty law, the attention of the judicial world is once again focused on the Supreme Court, which must make many decisions likely to have a significant impact on the political landscape and, above all, on the shoulders of the PSOE (Spanish Socialist Workers' Party) and Prime Minister Pedro Sánchez. If we begin with the most recent events, it goes without saying that the main issue concerns what was first known as the Koldo case, which later became the Koldo-Ábalos case and finally became the Santos Cerdán case, with the appendage of the previous two. If we look at the composition and structure of this matryoshka, this Russian doll, in which each figure is larger than the last, we may have a first clue as to why the different personal situations of these three protagonists of the corruption scandal keep the Socialists on tenterhooks and bitter.

The most prominent figure in the plot is Cerdán, who was very close to the Socialist leader and who for years carried out business activities alongside his political responsibilities. It is rumored in the Supreme Court that this is the primary reason for his remand in custody, while the other two individuals implicated in the alleged network of commissions on public works contracts remain free. But it is not the only reason. The fact that Cerdán was the head of the organization is not, in itself, sufficient reason to explain the release of his two former business partners, who are now accompanying him in a criminal proceeding. Another, more fundamental reason is the aim to prevent potential agreements between the three—in short, the type of pacts known as collusion. With the last secretary of the organization imprisoned, it is more difficult for them to establish a common strategy because he has not provided explanations for his alleged criminal activities. It should be noted that Cerdán has already received two visits from the office of lawyer Jacobo Teijelo, related to Leire Díez, the so-called plumber of the PSOE, and that this party has not taken any steps to appear in the case as an accuser.

Another reason has to do with the difference in customs between the three involved. In the Supreme Court, the profiles of former Minister of Public Works José Luis Ábalos and his atypical advisor, Koldo García, are interpreted as those of secondary characters in that script of "good life" and corruption. The figure of Cerdán is much more interesting. In part, because the other two have left many more clues about their alleged payments and spending methods. Regarding Cerdán, on the other hand, another, more significant level is expected from a criminal perspective. From the outset, the Prosecutor's Office would like to have reliable data on the destination of the money that the former secretary of the Socialist organization may have pocketed, starting with the founding stage of his fundraising activities in Navarre.

The expectation revolves around the content of the electronic devices of the plot's pawns. And the truth is, no trace of these alleged savings made through corruption has yet been found. For the defense, this information is an asset, but for investigators, it's a fundamental mystery. And it's clear that Cerdán could have more easily hidden these earnings while free. This provides another reason for his current prison residency. Furthermore, at the judicial level, it's been mentioned that Cerdán's strategy of giving a political focus to his self-defense hasn't been a great success.

The parallel with the defense of the October 1st case

In the Supreme Court, where everyone is very accustomed to reading between the lines, they believe that this matter of the plot involving Pedro Sánchez's former confidants—it should be remembered that Ábalos was also the PSOE's organizational secretary before Cerdán—has begun in a similar way to the Proceso case. That is, with a direct clash between the defense and those in charge of the investigation first and with those in charge of the trial later. A trend that the lawyers in the October 1st case may have perceived as unsuitable for obtaining benefits when the court limited the number of defendants in the Supreme Court, allowing the Catalan High Court to deal with the members of the Parliament's bureau. That marked a certain turning point, to calm the atmosphere. However, the memory that exists in the court is that one of the lawyers who was always considered most in favor of a constant confrontation with the court was precisely Benet Salellas, who is now defending Cerdán.

If this is so, everyone here has begun to stake out their territory. One, the former confidant of the Socialist leader, sending the Supreme Court a message of introduction consisting of identifying this court as an instrument of the political cause of the Spanish right and far right, and the other two, the Anti-Corruption Prosecutor's Office and the investigating judge, Leopoldo Puente, responding to the calling card with the harshest procedural measure: unconditional imprisonment. The episode would not be entirely unrelated to the fatigue of judges and prosecutors due to the insistence on identifying the main politically charged procedures as examples of lawfare and of judicial causes allied to what is already known as the sloppy jock. The Supreme Court has seen the Prosecutor's request for imprisonment as a sign that the judge and prosecutor are working hand in hand. Moreover, some believe that the Prosecutor's Office was not entirely unaware of the likelihood of Cerdán being imprisoned after his first appearance. Those who think this way also believe this because the ruling on Cerdán's unconditional imprisonment is 22 pages long, which are not usually drafted in a few minutes, and therefore, a lot of work had been prepared beforehand.

There is one last important detail. Judge Leopoldo Puente states in his ruling that in this case there was a risk that Cerdán would leave Spain. Why is this danger seen? Again, because of the similarities with episodes in the Proceso case. The Supreme Court sees the tone of Cerdán's self-defense as not radically incompatible with a strategy that could have led him to change his address and settle in Brussels if things went badly. And the instructor hasn't risked losing the defendant.