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Sócrates Seeks to Nullify Every Act by His Court-Appointed Lawyer in the Operação Marquês Trial

Former PM José Sócrates has filed a motion withdrawing the legal effect of everything done on his behalf by Luís Carlos Esteves, the defender the Bar Association assigned him. Judge Susana Seca must rule before the trial resumes on 1 September.

Sócrates Seeks to Nullify Every Act by His Court-Appointed Lawyer in the Operação Marquês Trial

José Sócrates has opened a new front in his long-running corruption trial, filing a motion that seeks to strip legal effect from every act carried out on his behalf by the lawyer the state assigned to defend him. In a submission lodged on Monday in the Operação Marquês (Operation Marquis) case, the former prime minister wrote that he "withdraws the efficacy of all acts practised by such lawyer on my behalf," adding that "this power is hereby exercised fully and without any ambiguity."

The lawyer in question, Luís Carlos Esteves, was appointed as Sócrates's defensor oficioso (court-appointed defender) by the Ordem dos Advogados (Portuguese Bar Association) in March, after the former prime minister was left without private counsel. Sócrates has never accepted the appointment, and his latest move is an attempt to nullify everything Esteves has done in the courtroom since — invoking a provision of the Código de Processo Penal (Code of Criminal Procedure) that allows a defendant to revoke an act performed by their lawyer, provided the court has not yet ruled on it.

Sócrates justified the manoeuvre by pointing to the absence of a decision in a separate challenge he has brought before the administrative courts, where he is contesting the legality of Esteves's appointment. Until that question is settled, he argued, the acts of a defender he considers improperly imposed on him should carry no weight. He also renewed his criticism of the presiding judge, Susana Seca, for keeping in place a lawyer he describes as conflicted and unwanted.

Esteves declined to comment on the filing, saying only that he was "at peace" with the way he had carried out his duties. Legal observers were more sceptical of the tactic's chances: because the motion targets every act indiscriminately rather than identifying specific ones, it may be rejected as too sweeping to be valid under the code Sócrates is relying on. The decision now rests with Judge Seca, who must rule on the request before the trial's substance can advance.

The timing matters. Trial sessions in Operação Marquês are due to resume from 1 September after the summer recess, and each procedural skirmish pushes a case that has already consumed more than a decade further into the future. First made public in 2014, the investigation has become the defining corruption saga of modern Portuguese politics, repeatedly delayed by appeals, challenges and disputes over evidence.

At its heart, Sócrates faces a formidable set of charges: three counts of corruption, six of tax fraud and 13 of money laundering. He has consistently denied wrongdoing and cast the prosecution as politically motivated, and his running battle over legal representation has become a case study in how a determined defendant can slow a complex trial. For a public that has watched the proceedings drag on for years, this week's motion is a reminder that, even as the trial edges back toward the courtroom, the fight over how it is conducted is far from over.