It is common to hear or read that:
1) The citizens who voted on July 23 said yes to this amnesty. I do not agree. The amnesty was not on the program of the Socialist Party, and an issue like this, of so much political and legal significance, as well as so many sentimental connotations, cannot surface ex novo in the agonizing trance of forming a parliamentary majority.
2) The right without any distinction is responsible for generating fear before this measure of grace. I wouldn’t say fear but concern. Fears, fair ones. And, getting into the matter, it is not the right that causes the concern for an amnesty that many citizens perceive as a currency of the investiture in progress and an advance of a “right to decide” that will be made up with “office”. All together in a process that, based on the fair recognition of Spain’s plurinationality, will crystallize into a kind of confederation and lead to self-determination.
3) Spain will not be broken with the amnesty. It is true that the amnesty will not cause the immediate destruction of Spain, because this will not be caused by the separatists, who do not have the strength to break it. Shlomo Ben Ami says that “nations do not kill each other; nations commit suicide”. And I think that Spain is committing suicide.
Because? Because I think (and this is the most serious thing I say in this article) that the left has weakened, by agreeing with the separatists, the defense of Spain as an area of ??primary solidarity (a space of redistribution) defined by geography and because of history, in which all Spaniards are equal. And without the left, which has provided so much service to this idea of ??Spain, nothing will be possible. I add that this is the only reason why some are distancing themselves from the Socialist Party, despite the fact that they have never said that the current Government is illegitimate, nor have they ever criticized its social policies, and have accepted the his foreign policy on the Sahara, to understand that it could not be any other. But what separates them from the PSOE is its interested connivance with the separatists, as well as its shameless institutional colonization, which perhaps points to the difficult, but not impossible, horizon of a confederal republic.
4) What is needed is “political office” to articulate the amnesty. It is true that, in politics as in any task, skill and dexterity are needed to exercise it. But this skill and dexterity should not be used to pass off an ox as a fat beast.
5) The Constitutional Court defends the appropriateness of an amnesty in 22 sentences. I disagree In my opinion, they are sentences issued by the TC to admit the claims of groups not initially protected by the Amnesty Law of 1977 (from Republican military to retirees), who invoked the amnesty, in the protection of the said law, as a measure of grace that tried to amend the effects of the application of a law of the previous regime, which was rejected for being contrary to the principles of the new political order.
6) The amnesty is based on judicial harshness against the process. It is the idea behind the pro parte opinion issued by six willing academics, in order to add it, like parsley, to the amnesty baked by the Government. But there was no such harshness, but due compliance with the law, which was applied with all the procedural guarantees in an exemplary trial, which honors the Spanish judiciary. The judges assumed with as much determination as prudence the defense of the State, in the face of the shameful action of the central government, which will be a permanent disgrace for those who were then responsible.
End: Dialogue, everything. That’s why I defended pardons. But this amnesty is something deeper. It is the beginning of the dismantling of the Constitution of 1978, because it questions all the institutions of the State, including the King. Once again we will go “from law to law” – according to Juan Francisco Fuentes – to move to an unknown land, where Spain will no longer be there. And so it will happen if the Constitutional Court decides. Twelve magistrates will have Spain in their hands.