The State Attorney's Office does not believe it is appropriate that it take a position on whether the Catalan Institute of Finance (ICF) should be allowed to act as bail guarantor for the accused in the Court of Auditors case. It believes this would violate the principles of "impartiality" and "objectivity" that ought to govern an administrative process. The State Attorney's Office remarks that the case, in which former Generalitat officials have been required to post a €5m bail over the Catalan Government's foreign action, is in a preliminary phase which is of "administrative and not jurisdictional nature" and that, therefore, the State Attorney has to maintain a neutral role. In fact, in the report it recalls that the court cannot determine whether the decree approved by the Generalitat in July is illegal or not. As it has not been declared unconstitutional, it can only decide whether the decree protects the guarantees.

The Court of Auditors could jeopardise the case on the Generalitat's external action. So says Rafael García Monteys, the State lawyer who was part of the accusation during the instruction phase of the procedure, who prefers not to answer the request raised by Court of Auditors to report on whether the risk fund created by the Catalan government to pay the €5.4m bails faced by former officials is legal. As advanced this Wednesday by newspaper Abc, the civil servant escalated the request to the State's top lawyer, Consuelo Castro, so that she may decide on the convenience of resolving the Court's doubts. García Monteys believes this would entail a "risk of nullity", because "the necessary objectivity and impartiality that must govern the advisory function" could be affected. This is because the state lawyer participated in the investigation.

The case of the Court of Auditors against the independence movement over the Catalan government's external action between 2011 and 2017 has become a hot potato for the Spanish government, which is unsure about how to address it. It seemed José Luis Ábalos, Minister for Transport and Pedro Sánchez's right-hand man, opened a path last week by, somehow, looking for ways to suppress the cause and avoid the multi-million bails former Catalan cabinet members -among them former minister Andreu Mas-Colell or former vice president and leader of ERC, Oriol Junqueras - could end up facing. Ábalos referred to the case as a "stone in the road" which it was necessary "to clear". Spanish president Pedro Sánchez, however, has cooled this possibility this Monday in an interview with SER Barcelona and has avoided questioning this politicised body.

The State Attorney has not dispelled uncertainty about the pardon for political prisoners and has not taken a position on whether or not to grant it. In the report requested by the Supreme Court, which El Español has advanced and which ARA has had access to, the organism, which depends on the Ministry of Justice, argues that stating its opinion would be "anticipating or determining the sense of a decision that corresponds to the Spanish government" and chooses not to get involved. "The offended party that issues the report is the general administration of the State, of which both the body that has to formulate the proposal for a pardon - the Minister of Justice - and the body that has to agree to it - the Council of Ministers - are part," emphasises the State lawyer Rosa María Seoane, who acted as prosecutor during the trial.