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The e-mail scandal. Dworczyk could persuade the prime minister to make a retroactive decision. Former head of the prosecutor’s office: I do not comment on someone else’s conversations

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The head of the Prime Minister’s office, Michał Dworczyk, could persuade the Prime Minister to dismiss, with a retrospective date, the President of the General Prosecutor’s Office, Leszek Bosek, who was appointed a judge of the Court because he could not perform this function as a judge – according to the e-mails that are to come from Dworczyk’s mailbox. – He does not comment on other people’s conversations – said TVN24 Bosek.

On October 10, 2018, Dr. hab. Leszek Bosek, the then president of the General Prosecutor’s Office (he held this position since 2016), was appointed by President Andrzej Duda as a judge of the Supreme Court.

As part of the reform of the judiciary carried out by Law and Justice in 2017 (the provisions entered into force in 2018), two new chambers were established at the Supreme Court: the Disciplinary Chamber and the Extraordinary Control and Public Affairs Chamber, which examines extraordinary complaints and rules on the validity of elections. Bosek went to the latter.

Leszek Bosek: I do not comment on other people’s conversations

On that day, if the content and dates of the e-mails are true, Michał Dworczyk reported to the prime minister about the meeting with two vice-presidents of the General Prosecutor’s Office headed from 2016 by Leszek Bosek, who was appointed judge of the Supreme Court on that day, and – as Dworczyk was to indicate – ” in accordance with applicable law, the position of a judge may not be combined with the performance of other functions “. Leszek Bosek, after accepting the nomination, should not take legal action on behalf of the General Prosecutor’s Office, but he did – as the e-mail shows – which may mean that they will be invalid.

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Therefore – as Dworczyk was to write – the prime minister should dismiss Boska and appoint a new president or acting president until her new boss is elected.

According to him, the prosecutor’s office was then “in a crisis, both financially and” mentally “, and Leszek Bosek was” in conflict with a large part of the team “.

The alleged e-mail of the head of the prime minister’s chancellery shows that after the appointment of a judge of the Supreme Court, Bosek “authorized to perform actions” on behalf of the president of the prosecutor’s office, Tomasz Chmal, the director of one of the prosecutor’s offices.

Tomasz Chmal, as you can read on the prosecutor’s office website, is an attorney and expert on energy security, who in 2005-2015 was an energy expert at the Sobieski Institute.

Leszek Bosek, when asked about the matter by TVN24, declined to comment.

– I do not comment on other people’s conversations or on what anyone remembers, any notes from some meetings in which I did not participate. I do not want to do it, because it is not appropriate for a Supreme Court judge, he said.

“Good guy” in the premiere mail

Mateusz Morawiecki wrote back half an hour after midnight on the e-mail of the head of the office sent on October 10 after 23:00 – if the content and dates are true – I know Chmala from Inst. Sobieski – good guy (good guy – ed.). But probably too short there + if Bosak recommends it, it’s bad. ” “Who else is on the board, who would suit?” – the prime minister was to ask.

The head of his office was said to write that during the conversation before the summer holidays, “President Julia and the judges recommended the current vice-president, Marek Miller, to be the chairman of the prosecutor’s office.” “Apparently, he was one of the people who co-created the prosecutor’s office. I saw him once in my life – he makes a reasonable impression, I heard good opinions about him” – Dworczyk said about the deputy head of the prosecutor’s office.

Document to be signed with a retrospective date

In another e-mail, the head of the prime minister’s office was to inform Morawiecki that “two draft documents for his decision” were prepared to replace the head of the prosecutor’s office.

“One – Divine recall with yesterday’s date – this must be done – because he became a judge of the Supreme Court and there is no other option. The second – appointment of the president of the Civic Platform – the current vice-president M. Miller. the ongoing work of the Prosecutor’s Office “- Dworczyk reportedly wrote.

Ultimately, Miller remained the deputy head of the prosecutor’s office, and Mariusz Haładów was appointed its president.

“A way for good relations with the president of the Constitutional Tribunal”

The meeting with two deputy presidents of the prosecutor’s office Dworczyk was also to be reported in an e-mail sent to probably the president of the Constitutional Tribunal, Julia Przyłębska (this is indicated, among others, by the alias of the e-mail address japrzylebska @).

Dworczyk also referred to a meeting with the presidential minister, deputy head of his office, Paweł Mucha about Leszek Bosek, about which in another e-mail – as we wrote – also informed the prime minister. It can be concluded from the content of the e-mail that his candidacy was not supported by the prime minister, which, however, was not to be liked by the presidential minister. Dworczyk described Paweł Mucha’s reaction: “At first he took it poorly, but after reassuring him that no one wanted to use it politically, he calmed down a bit.”

According to a TVN24 interlocutor close to the president’s office, Dworczyk and Mucha were appointed by the president and the prime minister to conduct talks when they did not want to talk in person. – They did not have a particularly close relationship, as can be seen from the tone of this correspondence, but they had to get along. Consulting decisions with Przyłębska is a way to establish good relations with the president of the Constitutional Tribunal, who is close to Jarosław Kaczyński – explains our guide.

The correspondence we wrote about earlier shows that both Prime Minister Mateusz Morawiecki and the first president of the Constitutional Tribunal, Julia Przyłębska, could have had a direct impact on the election of the acting president of one of the new chambers of the Supreme Court. Correspondence on this topic appeared on Wednesday on the website publishing e-mails that are to come from the mailbox of Michał Dworczyk, the head of the prime minister’s office.

The president’s chancellery declined to comment

The tvn24.pl portal asked the president’s chancellery to confirm the above-described situations.

1. Did the situations and conversations described in the e-mails take place? 2. Did Minister Paweł Mucha talk to Minister Michał Dworczyk about Leszek Bosek or other candidates? 3. Did Minister Mucha talk to President Andrzej Duda about this matter? 4. Did Prime Minister Morawiecki, as suggested by Minister Dworczyk, indicate the names of the “negatively assessed” candidates? If so – please provide these names. 5. Did President Duda take into account the prime minister’s views when making his decisions?

The law firm wrote in responsethat “the requests contained in the application do not relate to public information and as such fall outside the scope of the provisions” of the Act on Access to Public Information.

She added that “the position that public information is certain information concerning facts is well-established in the judicature of the courts.” “Meanwhile, the questions contained in the application contain requests to respond to media reports, and not to specific actions of the addressee of the application or existing official documents. Moreover, the definition of public information includes information held by the entity obliged to disclose it, existing in a fixed (materialized) form, ie information recorded on a carrier and relating to the sphere of facts “- was handed over.

“As a rule, questions concerning the course of the talks cannot be considered in the manner and on the basis of access to public information,” the president’s office concluded.

Leaks in the correspondence of members of the government

On Wednesday, we also asked the Government Information Center and the Constitutional Tribunal about the correspondence regarding the cast at the Supreme Court. We wanted to find out, among other things, whether the correspondence is real, whether and what talks took place, and whether Prime Minister Morawiecki and President Przyłębska had a direct impact on the election of the acting president of IKNiSP SN.

The Government Information Center replied briefly that “it does not comment on the content of the materials used for the disinformation action carried out from the territory of the Russian Federation”.

CIR asked if the situations and conversations described in the e-mails had taken place. In particular: 1. Did Minister Dworczyk talk to the Presidential Minister Paweł Mucha about Leszek Bosek or other candidates? 2. Did Minister Dworczyk talk about this matter with Julia Przyłębska or did he send the President of the Constitutional Tribunal on this matter by e-mail? 3. Did Prime Minister Morawiecki indicate the names of the judges, as suggested by Minister Dworczyk? If so – please provide these names. 4. Did Prime Minister Morawiecki talk about this matter with President Przyłębska?

Since June, e-mails, which are to be official correspondence of members of the government, conducted via private e-mail boxes, have been published on instant messaging and specially created websites. To this day, no one has questioned their credibility. In July, during a press conference, Michał Dworczyk stated that the government would not “refer to single materials, because this is one of the attacker’s goals: to introduce discussion word against word; to translate what is true, what is manipulated, which is completely false.”

Author:Grzegorz Łakomski, Karolina Wasilewska

Main photo source: Leszek Szymański / PAP



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