A week ago, the Warsaw Prosecutor’s Office decided to launch an investigation into the suspicion that state secrets were disclosed in the e-mail correspondence exchanged by Minister Michał Dworczyk with his defense advisor, including those protected by the highest “top secret” clause, tvn24.pl found out. Opposition politicians have filed a notification to the prosecutor’s office in this case.
The fact that the prosecutor’s office decided to launch an investigation is evidenced by the letters that MPs received from the District Prosecutor’s Office in Warsaw Cezary Tomczyk (Civic Platform) and Adam Szłapka (Nowoczesna). Both politicians sent several notifications of suspected crimes related to e-mails from a private mailbox Michał Dworczykwhich have been published on the Internet for almost two years.
“By the decision of the prosecutor of February 22, 2023, an investigation was initiated regarding the disclosure (…) via unsecured means of communication of e-mail correspondence containing data classified as ‘restricted’, ‘secret’ and ‘top secret'” – this is the key fragment of the letter from the prosecutor’s office.
The editors of tvn24.pl were unable to talk to Aleksandra Skrzyniarz, spokeswoman for the Warsaw prosecutor’s office yesterday, and we have not received an answer to questions sent by e-mail until publication.
According to the letters received by Tomczyk and Szłapka, the investigation was initiated on the basis of articles 265 of par. 1 and 266 pairs. 2 of the Penal Code. The first article talks about “disclosure against the provisions of the Act” of classified information classified as “secret” or “top secret”. The second article refers to a public official who “discloses to an unauthorized person classified information classified as ‘proprietary’ or ‘confidential'” or information “obtained in connection with the performance of official duties, and the disclosure of which may harm a legally protected interest”.
This offense is punishable by up to five years in prison.
The prosecutor’s proceedings concern e-mail correspondence between Michał Dworczyk, the former head of the Prime Minister’s Office, and his defense adviser, Colonel Krzysztof Gaj.
When in December 2017 Michał Dworczyk took the position of the head of the prime minister’s office, he built a defense analysis department under his control, called the “small MON”. He recruited Colonel Krzysztof Gaj, who left in 2011 retirementbut returned to service after wins by PIS elections and appeared in the orbit of power when Antoni Macierewicz became the Minister of National Defense.
– It was widely believed that the department was the prime minister’s eye and ear for the actions of Antoni Macierewicz. At the same time, Michał Dworczyk has never hidden his ambitions that he wants to become the head of the Ministry of National Defence, one of the politicians tells tvn24.pl.
And it was Colonel Gaj who sent e-mails from his private mailbox to Michał Dworczyk’s private address. They contained detailed reports on his work, visits and conversations in the offices of the Ministry of National Defense and on training grounds.
In this way, he provided details of the “Narew” air defense system, which is sensitive to the security of the state, as well as photos, diagrams and videos from the tests of weapon prototypes, e.g. those that disable drones. The e-mails also included information protected by NATO clauses, such as those regarding ammunition stockpiles. In one of them, the colonel explicitly stated that he was providing classified information.
This document was then carried by Colonel Laskowski. (…) I then asked for a photocopy, but he refused me – because it was classified. During my next visit to the Ministry of National Defense, I asked for sharing and wrote down this and that in my secret notebook. The document has a “NATO restricted” clause.
Dworczyk: I don’t know anything
We contacted Michał Dworczyk. He stressed that he had not been aware of the opening of the investigation until now. – I don’t know anything about classified information in my mailbox. I have nothing more to say on this matter,” he said.
When asked if he remembered the content of the e-mail, Col. Gaja revealed in October 2022, replied: – I don’t remember. I remember that I have a statement from Col. Gaia that he was not sending any classified material. And it’s in the case file.
Colonel Gaj himself, who left his job at the Prime Minister’s Office after the e-mails were revealed online, consistently refuses to comment on the matter.
From the moment the e-mails between Minister Dworczyk and his adviser were revealed on the Internet, there was a unanimous opinion among the soldiers: state secrets had been revealed.
“No one will say it by name, but gossip about information critical to the security of the country is scary. This is an extreme lack of imagination and responsibility – commented one of the generals of the Polish Army, asking for anonymity.
But already a year earlier, in June 2021, we indicated on tvn24.pl that information protected by law could be disclosed. Our interlocutors then emphasized that the act protects primarily information, and not only documents containing this information.
– I have no doubts that the information that should be protected by the law has been disclosed – said Colonel Paweł Białek, deputy head of the Internal Security Agency in 2007-2012. – Secret services should initiate control proceedings against the head of the office of Prime Minister Michał Dworczyk and immediately suspend his access to NATO and European Union secrets – added Białek.
Michal Dworczyk He announced his resignation in September last year. It was formally canceled two weeks later – on October 13. After another five days, key e-mails in this case were leaked on the Internet. This includes MPs Tomczyk and Szłapka referred to their content in their notifications.
In the decision to initiate the investigation, the prosecutor indicated the period of potential crime: from December 19, 2017 (the date of Dworczyk’s appointment as the head of the Prime Minister’s Office) to October 18, 2022 (the date of the leak of key e-mails).
After being dismissed from the post of head of the prime minister’s office, Michał Dworczyk remained a close associate Mateusz Morawiecki and a member of the government. According to unofficial reports, he deals mainly with matters related to the situation in Ukraine.
Main photo source: TVN24