Tusk threatens to oust Giertych over leaked Kaczyński interrogation recordings

Background: the "two towers" interrogation

Jarosław Kaczyński, chairman of Law and Justice (PiS), was questioned on June 10 as a witness at the Warsaw District Prosecutor's Office in the so-called "two towers" case. Two weeks after the interrogation, the prosecution discontinued the proceedings, finding no elements of a prohibited act. Last week, the portal goniec.pl published on YouTube video recordings showing fragments of the hours-long interrogation, which the prosecution said constituted an annex to the witness interrogation protocol. The Warsaw District Prosecutor's Office then launched checking activities related to the publication of the recordings.

Prosecution points to Giertych

Spokesperson prosecutor Piotr Antoni Skiba stated that the only person who requested access to the full case files was one of the representatives of the injured party, previously warned about Article 241 of the Penal Code, concerning the secrecy of preparatory proceedings. "We do not see another person who would have a reason to dispose of the evidentiary material in such a way," Skiba said, adding that Giertych had the opportunity and was actively criticizing the prosecution's actions, particularly decisions by prosecutor Małgorzata Szeroczyńska. The prosecution sent a letter to the Warsaw Bar Council and transferred materials to the Regional Prosecutor's Office in Warsaw, which in turn forwarded the case to the Warsaw-Praga District Prosecutor's Office.

Tusk: "If he broke the law, he is out"

At a Wednesday press conference at the Chancellery of the Prime Minister, Donald Tusk said that if it turns out that MP Roman Giertych did anything illegally, such as removing the materials, he will face consequences. Tusk said he had not gotten the impression that the prosecution officially stated Giertych was responsible for illegally removing documents, and announced he would ask the Prosecutor General directly.

“I will ask the Prosecutor General directly whether such is the prosecution's conviction. If so, I expect an immediate investigation in this matter. Not just press statements, but also an investigation, and believe me, Roman Giertych, from my point of view a person meritorious in some matters, controversial in others, is not a holy cow. If he broke the law, he is out.”

Giertych rejects accusations and counters

Giertych, speaking to Fakt, said the prime minister "nicely clarified the whole matter" and that "it all started with an irresponsible and brazen statement by the prosecution spokesperson." On X, Giertych called the prosecution's communication "brazen" for suggesting a perpetrator while announcing check proceedings. He argued that the prosecution itself had access to the recordings and that "everything leaks" from the current prosecution. Giertych also announced he would file a notification about a possible crime by Jarosław Kaczyński, consisting of criminal threats against the leading prosecutor, which he said could be heard on the recordings. He claimed those threats caused the prosecutor to reject 80% of his questions and then discontinue the case with "absurd reasoning."

Żurek: deliberate leaks from inside the prosecution

Justice Minister and Prosecutor General Waldemar Żurek, speaking on Polsat News, said he never suggests someone may have committed a crime until that person is summoned, interrogated, and charged. He agreed with Tusk's declaration that "there are no holy cows." Żurek said there are still many people in the prosecution loyal to former justice minister Zbigniew Ziobro, and that deliberate leaks continue to occur.

“These are deliberate leaks that are meant either to weaken the actions of prosecutors, those who work honestly, or even to destroy investigations that are in their infancy and are, as prosecutors say, developmental.”

Żurek said that when there is an evident leak from inside the prosecution, criminal proceedings are initiated, and added: "I will not let go here." He noted that some of his deputies appointed during Ziobro's tenure remain in place, and that many people across units in Poland are waiting for the return of their political patrons rather than supporting a depoliticized prosecution.