Polish prosecutor investigates leak of Kaczyński interrogation video, points to opposition lawyer Giertych

The leaked recording

On 27 July 2026 the news portal Goniec.pl published on YouTube a video of Jarosław Kaczyński's testimony from June 10. The prezes of PiS had been interrogated for nine hours as a witness in the investigation into the so-called "two towers" project, a planned Srebrna company development on ul. Srebrna in Warsaw. The footage included remarks in which Kaczyński pointedly dismissed attorney Roman Giertych, who was representing the Austrian businessman Gerald Birgfellner in the case. Kaczyński said Giertych had called him "Jaruś" and "Jarek" despite never being on first-name terms and that he had a "very low opinion" of the lawyer.

“You have called me Jaruś, Jarek many times, although we are not and have never been on first-name terms, due to age difference and my very low opinion of you.”

The prezes also assessed Giertych as having "the personality of a boy between 16 and 18 years old" and stated that the prosecutor's office itself was "illegal" due to a forceful takeover, but that he gave testimony because it would be relevant for future proceedings to restore the rule of law.

Prosecutor points the finger

Later that Monday, the Warsaw District Prosecutor's Office announced on X that it had opened verification activities regarding the publication of the recording, which was an attachment to the witness protocol. Spokesman Piotr Antoni Skiba told the daily Fakt that "only one person had access to the entire case file, attorney Roman Giertych."

“He requested access, got access. There was a warning for all those taking part in the interrogation about the content of Article 241, i.e., about criminal liability for publicly disclosing materials before the conclusion of proceedings.”

Skiba added that the disclosure of such a document from the investigative file was "neither in the interest of the prosecutor's office nor the procedural parties" and predicted there would be consequences. Article 241 of the Penal Code provides for a fine, restriction of liberty, or imprisonment of up to two years for the unauthorized dissemination of information from a preparatory proceeding before it is revealed in court.

Giertych hits back

Roman Giertych, a deputy of the Civic Coalition and Birgfellner's legal representative, immediately denied responsibility. In a response sent to Fakt, he called the prosecutor's communiqué "impudent" because it simultaneously announced an investigation and suggested a perpetrator. Giertych insisted that the recording must have leaked from the prosecutor's office itself. "Rzecznik prokuratury mówi nieprawdę" (The spokesman is not telling the truth) was his blunt rebuttal.

“The statement is impudent, because at the same time as informing about the initiation of verification proceedings you are suggesting the perpetrator. Meanwhile it is obvious that the prosecutor's office had access to the recording first, and that leaks flow from the current prosecutor's office every day, we see it.”

He argued that the prosecutor, who had been threatened by the witness, failed to notify authorities of a crime allegedly committed by the witness, thus concealing it.

Bar association launches probe

In a parallel development, the Disciplinary Ombudsman of the Warsaw Bar Association opened a checking proceeding against Giertych the same day, based on an analysis of media reports. The matter will be forwarded to the National Disciplinary Ombudsman of the Bar, attorney Ewa Krasowska, in the coming days. The bar did not elaborate on the exact grounds, but the investigation suggests the leak may be examined from both a criminal and a professional ethics perspective.

The "two towers" case

The underlying investigation concerned accusations that Birgfellner, between May 2017 and July 2018, was defrauded of at least 1.3 million euros by individuals acting on behalf of Srebrna related to the construction of two tower blocks. The prosecutor's office discontinued the case on 25 June 2026, stating that no fraud had occurred because the businessman held a "subjective, mistaken belief" that Kaczyński was a decision-maker at Srebrna. Giertych has announced an appeal against that decision.