The Rule of Law Strikes Back: Tusk and Bodnar Called to Testify in Coup Case

As Donald Tusk faces questioning in a judicial coup probe, his coalition fractures and polls collapse—Poland’s "liberals" may now resort to repression to cling to power.

A few days have passed since the hearing of the Supreme Court of Poland concerning electoral protests related to the presidential elections. After the ruling, the governing coalition led by Donald Tusk was stripped of any legally valid means to challenge the victory of Karol Nawrocki. As we wrote in our last post, that day was full of tension, and it is possible that the determination and resolve of Polish citizens prevented an intervention in the process by the services, including the prosecutor’s office headed by Tusk’s associate, Adam Bodnar. The Marshal of the Sejm, Szymon Hołownia (who is the leader of Tusk’s coalition party, Poland 2050), announced that he would convene the National Assembly on August 6 and administer the presidential oath to Karol Nawrocki. Within the “everyone against PiS” coalition—which gave Tusk power despite the fact that conservatives achieved the best result in the 2023 parliamentary elections—a visible breakdown is beginning to emerge. The actions of the Prime Minister and Roman Giertych (his right-hand man in the attempt to undermine the presidential election results) are now being criticized not only by the right but also by left-wing coalition partners.

In the top photo, President-elect Karol Nawrocki during a campaign rally; in the photos below, two low-grade conspirators — Tusk and Giertych.

It appears that Tusk’s power—and that of his “totalitarian liberals”—is melting away as quickly as his support in the polls. A scenario is beginning to emerge in which early elections may be called, and current polling suggests that Law and Justice (PiS) would win—they currently lead Tusk’s party by about 5 percentage points, which, given the usual underestimation of conservatives in polls, is already a significant result.

But let’s take it step by step, because yet another misfortune has befallen the Prime Minister—namely, the continuation of a case from late January and early February of this year. At that time, we reported that the President of the Constitutional Tribunal had submitted a notice to the prosecutor’s office regarding a possible criminal offense—in essence, an attempted coup d’état—in which he directly pointed to… Donald Tusk. Today, the media report that the case has not been swept under the rug and that proceedings are ongoing.

President of the Constitutional Tribunal, Bogdan Święczkowski, has been known for his principled stance and unwavering resolve since his days as a prosecutor.

Bogdan Święczkowski—the President of the Constitutional Tribunal, Poland’s highest constitutional body—formally lodged a 60‑page complaint on January 31 with Poland’s Prosecutor General. In it, he accused Prime Minister Donald Tusk and key allies of acting as “an organised criminal group” that aimed to fundamentally alter the constitutional framework of Poland. Święczkowski asserted that these actors sought to disable the functioning of core constitutional bodies—the Tribunal itself, the National Council of the Judiciary, and the Supreme Court—through unlawful pressure and threats, arguing that their actions went far beyond regular political maneuvering.

Święczkowski’s language left little ambiguity: this was not a mere policy dispute but a “coup d’état,” albeit a hybrid kind that did not rely on military force. He condemned the executive-legislative coalition for weaponizing its control over judicial institutions, withholding budgets to coerce compliance, and exerting pressure to feign respect for constitutional norms. His filing claimed this was “a progressive and systemic coup d’état… a blatant abuse” of state machinery to seize control of the judiciary.

All this unfolded against a larger backdrop: Tusk and his coalition—particularly after returning to power—were methodically stripping the state’s institutional independence. Święczkowski argued that this move was part of a broader, systematic overhaul in which the executive and legislature steadily took over state institutions, particularly the judiciary and media. In his words, these maneuvers represented not policy shifts but an aggressive push to reshape Poland’s checks and balances in the ruling coalition’s favor.

Embedded in this narrative was the contention that Tusk’s governance was not merely about advancing an agenda—it was about consolidating power through legalistic weaponization. By undermining the Constitutional Tribunal’s authority, manipulating budget flows, and restructuring judicial appointments, the government’s critics saw a deliberate pattern: a systematic takeover of state institutions, carried out under the veneer of democratic processes.

In short, Święczkowski’s report painted a portrait of a government not simply pursuing reform, but orchestrating a stealth coup—one that, he claimed, unfolded quietly within the organs of democracy themselves.

Minister of Justice Adam Bodnar in trouble? He should have stuck to the letter of the law instead of resorting to convoluted interpretations just to push his political agenda...

Now, a significant escalation in this affair is underway. Prime Minister Donald Tusk and Minister of Justice Adam Bodnar have been officially summoned for questioning in connection with the ongoing investigation into what has been described as a constitutional coup within Poland’s judiciary. According to Niezalezna.pl, the inquiry is being led by Judge Przemysław Radzik, Deputy Disciplinary Ombudsman for Judges of Common Courts, who initiated the proceedings in February. The investigation covers alleged actions and omissions by judges since December 13, 2023, that may have amounted to participation in an organized criminal group aimed at dismantling core constitutional institutions.

Both Tusk and Bodnar are being summoned as witnesses and will be cautioned about the criminal liability for giving false testimony. They will also be informed of their right to refuse to answer questions that could incriminate them or their close relatives. Tusk is scheduled to testify on July 9, and Bodnar on July 11, both at the Disciplinary Ombudsman’s office in Warsaw.

Judge Radzik noted that the scope of the questioning will include a variety of potentially unlawful actions—such as the removal of court presidents, creation of judicial commissions, and appointment of “special spokespersons”—all of which are being scrutinized under Article 128 of Poland’s Penal Code, which deals with crimes against the constitutional order.

This development marks a dramatic turn in a case that has already sparked national controversy. Earlier this year, Minister Bodnar unsuccessfully attempted to remove Judge Radzik from office, despite his own ministry acknowledging there was no legal basis for such a move before the end of Radzik’s term. While Tusk and Bodnar enjoy parliamentary immunity, Judge Radzik emphasized that they are still legally obligated to appear, and failure to do so could carry consequences—although he expressed confidence that both officials would comply.

The day of the Supreme Court hearing on the presidential elections in Poland - on the left side of the entrance, a group of Tusk supporters and the invalidation of the elections; on the right, a group of citizens making sure that there is no forceful intervention in the Court hearing. The difference in support is probably clear.

While Donald Tusk’s grip on power continues to weaken, the mounting legal and political pressures may push him toward drastic actions in a desperate attempt to retain control. The possibility of early elections is very real, but so too is the threat of escalating repression. In the face of a collapsing coalition and growing accountability, the regime of “totalitarian liberals” may choose to intensify its persecution of conservative politicians and independent media voices that still dare to oppose their rule.

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