Siemoniak backs Justice Ministry, Pegasus Inquiry, and presidential pardons

Support for the actions of the Justice Ministry and Attorney General Adam Bodnar came from Tomasz Siemoniak, who serves as minister and coordinator of special services. He noted that Bodnar sets policy and that prosecutors must align with it. Siemoniak also expressed the expectation that the Pegasus investigative committee would clarify who oversaw the decision-making process, how it happened, and why. The Sejm is set to appoint a committee on the matter next week.

The Justice Department indicated yesterday that the 2022 reinstatement of prosecutor Dariusz Barski to active duty lacked a legal basis. According to the ministry, Barski has not been in active duty since January 12, and therefore no longer meets the criteria for National Prosecutor, a status he has not fulfilled since that date.

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— The attorney argues Bodnar’s account is incomplete, asserting that Barski remains the national prosecutor.

– A strong stance from Bodnar’s deputies, responding to actions by Tusk and Bodnar, arguing that a new position was created unlawfully.

Siemoniak: Full support for the Justice Minister’s actions

Tomasz Siemoniak, a minister and coordinator of special services, was asked in a media briefing about changes at the National Public Prosecutor’s Office.

He stated his full support for Attorney General Bodnar’s actions.

– The politician declared.

The statements were supported by legal considerations, he said.

– He added that it is not merely about relationships but about legal facts.

When asked whether there might be a paralysis at the prosecutor’s office, Siemoniak declined to comment further.

He emphasized the responsibility of prosecutors within a hierarchical system where the Attorney General sets policy and expects all prosecutors to follow it.

– He stressed.

The Ministry of Justice announced on Friday that Jacek Bilewicz, a prosecutor with the National Public Prosecutor’s Office, has taken on the role of acting National Prosecutor. The National Prosecutor’s Office maintains that Barski holds the position, while Bodnar’s letter suggesting Barski is retired does not carry legal consequences.

In a statement to PAP on Saturday, the deputy attorney general contended that appointing Bilewicz as Acting National Prosecutor, bypassing the Public Prosecution Act procedures, was ineffective.

“Perhaps the president still cannot admit a mistake from 2015.”

Siemoniak was asked about President Andrzej Duda’s pardons for PiS politicians Mariusz Kamiński and Maciej Wąsik.

He suggested that the president may still be reluctant to acknowledge a 2015 misstep, a point the Supreme Court noted regarding defects in the pardon process.

Siemoniak positioned himself as an interpreter of constitutional provisions when discussing the matter.

President Duda announced the initiation of pardon proceedings against Kamiński and Wąsik at the request of their spouses, describing the process as proceeding in a presidential manner. He called for Bodnar to suspend the execution of sentences and allow temporary release for the duration of the pardon proceedings. Bodnar had not yet agreed to this request.

Unclear pardon law

In March 2015, Kamiński and Wąsik, former heads of the CBA and his deputy, were unlawfully sentenced to three years in prison and barred from holding public positions for ten years, following actions related to the CBA’s handling of a land scandal. In the trial of the former CBA leaders, the court determined that Kamiński had planned and organized the CBA provocation, despite there being no solid legal or factual basis for initiating the CBA action at the Ministry of Agriculture, then under Vice Prime Minister Andrzej Lepper.

The pardons granted by President Duda on November 16, 2015 were intended to end the matter with minimal conditions, yet the case was brought back to the docket after the Supreme Court’s June 2023 ruling.

The Supreme Court’s Criminal Chamber later annulled and remanded the termination of the Kamiński and Wąsik case, which had been filed in Warsaw’s District Court in March 2016. On December 20, 2023, the district court sentenced Kamiński and Wąsik to two years in prison. On January 9, with the president absent, police entered the presidential palace and arrested both men.

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– Bodnar’s attempt to take control of the Public Prosecution Service was questioned, with remarks that the decision was illegal and a double offense.

– Our News cataloged the origins of the effort to remove Barski; Bodnar’s actions linked in part to an investigation into the presidential palace burglary by police.

– Deputy Prosecutors General to report Bodnar’s actions; Ostrowski criticized the attempt to bypass the law.

The Pegasus Case

Next week the Sejm plans to appoint an investigative committee to examine the legality, regularity, and purpose of operational and reconnaissance actions, including the use of Pegasus software. Siemoniak described the case as among the most significant in recent years, noting that illegal surveillance targeted opposition figures, including leaders of the government’s election campaign, prosecutors, and lawyers.

Beyond an ongoing audit of agencies handling such instruments, he expected the committee to determine who made the decisions, how they were made, and why.

– He underscored.

He acknowledged that while Pegasus is a tool used by security services, the political leadership bears responsibility, from the purchasing decision to the use of the Justice Fund and the handling of data obtained through surveillance.

– Siemoniak told reporters.

There will be an investigation committee

Last November, MPs from the KO club introduced a draft resolution to establish an investigative committee. The panel would examine the legality and purpose of Pegasus and related operations by government officials, the secret services, police, tax control, and budgetary authorities from November 16, 2015 to November 20, 2023.

The draft defined operational and reconnaissance activities to include monitoring and recording telephone conversations, written correspondence, and other methods of content capture, including emails and instant messaging.

The committee would assess whether Pegasus and related software were used legally, correctly, and for legitimate purposes, especially regarding actions by cabinet members, the Minister of Justice, Attorney General Zbigniew Ziobro, and prosecutors. It would identify who procured Pegasus for Polish authorities and investigate whether the operations against Polish citizens were lawful and properly targeted.

New ABW branches?

Siemoniak was asked whether new ABW delegations would be created. The government is reviewing a draft statute for the Internal Security Service that contemplates quickly restoring all 15 delegations, though Siemoniak suggested this would be unnecessary in Warsaw where there is a central headquarters.

– He stated.

He added that all delegations would be reinstated later this year and in the coming months.

The perception of Siemoniak’s comments as lacking depth has been noted by some. In KO circles, party solidarity is expected.

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– Wójcik urged Pegasus for a review from 2007 onward and pledged to reintroduce an amendment. Cenckiewicz pushed back on comments about Poland’s interests.

– A project for the Pegasus research committee was submitted to the committee after earlier debates. Some viewed it as bordering on treason.

PAP/rdm

Source: wPolityce