Zapatero files nullity motion in Plus Ultra case, alleging rights violations; judge orders leak investigation

Nullity motion filed

José Luis Rodríguez Zapatero's defense submitted an incident of nullity to the Audiencia Nacional on Thursday, asking for the entire Plus Ultra case to be annulled. The motion claims violations of the former prime minister's rights to a predetermined judge, to a fair trial with all guarantees, to effective judicial protection without defenselessness, and to the presumption of innocence. It also alleges breaches of privacy, data protection, and the secrecy of communications.

The lawyer, Víctor Moreno Catena, argues that the investigation incorporated evidence from private conversations that were analyzed without authorization. He specifically points to material seized from the phone of Plus Ultra president Rodolfo Reyes and from the office of Zapatero's secretary, Gertrudis Alcázar, during searches ordered in December 2025.

The reuse of material for purposes and proceedings different from those for which it was lawfully obtained is not indifferent.

The defense further accuses the Anti-Corruption Prosecutor's Office of conducting "maneuvers directed at steering the process toward the judicial bodies of greatest convenience" (the Audiencia Nacional), bypassing the legally competent ordinary judge.

Leak investigation

Judge José Luis Calama, who is overseeing the case, reacted on Thursday to the publication a day earlier of Zapatero's full 2024–2025 agenda and a year's worth of WhatsApp chats with his secretary. The judge ordered that a "testimonio" be sent to Madrid courts to investigate the origin of the leaks, citing their gravity and potential criminal nature as a breach of the duty of reserve.

From the moment the proceedings were made available to the parties through the Cloud platform, there have been constant and immediate leaks to the media, reaching their maximum expression yesterday.

Calama also created a "sensitive information" file that will hold audiovisual recordings of all witness and defendant statements, accessible only to the judge and the prosecution.

Government support and criticism

Transport Minister Óscar Puente publicly backed Zapatero, calling the leak of his personal agenda "scandalous" and questioning the judicial procedure itself. Puente, a jurist, expressed surprise that evidence from a recording provided by US authorities (Homeland Security Investigations) was used to authorize searches without first confirming its admissibility in Spain.

As a jurist, I am surprised that the basis of a procedure, which in this case is a recording sent by the US authorities, has been used, among other things, to order entries and searches at a person's home without first ensuring that this evidence is fully usable in our country.

Puente said the investigation is becoming a "general cause" against the former president and that the government maintains its confidence in Zapatero.

Background of the case

The Plus Ultra case began with a complaint filed by the Anti-Corruption Prosecutor's Office in November 2025, focusing on alleged irregularities in the use of the state bailout of airline Plus Ultra. The investigation later expanded to include suspected influence peddling involving payments from a Peruvian company for dealings with the former Bolivian government. The case was initially handled by a Madrid investigating court before being transferred to the Audiencia Nacional.