On Friday there were exultant faces at the Patria Institute with the appearance of a masterstroke. It had emerged that the Kirchnerist senator Lucía Corpacci had signed the commission’s opinion so that the document from federal judge Ariel Lijo goes to the chamber to seek two-thirds to enter the Supreme Court. It was the ninth vote that was missing and that did not appear.
Throughout the weekend, Scope He consulted with various sources from politics, justice and Congress and they all had the same information, but no one had (yet) seen the signature stamped on the opinion. The disclosure that this firm existed also came from the Kirchnerist plants more than the Government, which is mainly interested in unblocking the documents. Queer.
In court they made a more complex reading: Cristina Kirchner had just given Javier Milei a “bear hug,” a week before the end of the ordinary sessions in Congress and after the best days of the ruling party in terms of economic indicators.. The move muddied any scenario of prosperity for the Casa Rosada in its battle to complete the most relevant boxes in the judicial world. And it was practically a challenge for Milei to sign the decree in commission for Lijo and Manuel García Mansillaonce the departure of Juan Carlos Maqueda is crystallized, on his birthday and on the edge of the January judicial fair. And thus assume the political cost of taking that path. That rumor, spread in recent days and fortified with the statements of the Chief of Staff Guillermo Francos, continues to be “very few” –as this medium was able to consult close to those who carry out these decisions-.
Anyway, Corpacci’s signature would be an input – from the ruling party’s point of view – to strengthen an eventual appointment in commission that the Senate would have a calendar year to validate with two-thirds. With the same argument, but read backwards, it meant that Congress is taking the corresponding steps to carry out the designation in accordance with the Constitution National, almost the opposite of what libertarians read.
That would nullify the need for a decree because another power of the State is advancing in the paralysis in which the documents were left, a Mileista argument for the decree. Attention should be paid because the latter is what will be included in hypothetical judicial presentations that seek to avoid a designation by decree, if it is finally consummated. A caution and a glass of water are not denied to anyone. But, as already said, the political cost for “republicanism” would be unloaded on Milei, part of the hug that Cristina has just given her.
Lijo would not agree to take over by decree
The other problem with the decree is accepting it. Ariel Lijo told those closest to him that he is far from validating a designation of this type due to the damage it implies in the future and the fragility to which it is exposed.. Kirchnerism only signed for Lijo, not for García Mansilla, who injected the idea of the decree into the Government as the only way to sit for a while in the Supreme Court. He defended it in 2015 and now sottovoce is trying to convince of its usefulness, before a “mini-Court” starting in January. Lijo has, in addition to the reasons he gives, other much more practical ones: To accept such an appointment and be sworn in, you would have to resign from your position. as a federal investigative judge in Comodoro Py, where he built all his power. That, or ask for a license. But there are no licenses to assume a higher position within the same power. Who should approve it? The Court.
Under this prism, Cristina – stealthily – obtains the ninth vote that Milei could not negotiate in the Agreements Commission in eight months and shows that the future of the Court designed by the Government is in her hands. Whether the decree is signed, or not. “Two judges of the Court held hostage by Cristina for a year”operators from the judicial world reflected on what this movement represents. Thus one could understand the joy generated by the move that sowed the seeds of a Milei-Cristina agreement (while on the surface they fight for the former president’s retirement and pension), indigestible for the entire apparatus of political (and business) alliances. ) that supports the Government and that this week prays that its nightmares do not come true.
For the Casa Rosada, which tries to hide the enthusiasm for a decree that goes above the Senate and the “caste”, Corpacci’s signature is a invitation to negotiate for an extension or, more emphatically, for another name instead of García Mansilla. Some circulated. In the ruling party they said that there was no further talk of expansion with the K emissaries. The whole mess is created a week after the end of the ordinary ones and everything that exceeds it must be raised on a fixed agenda in the extraordinary ones. Two pieces of information that do not go unnoticed in the hypothetical scenarios that are triggered: the first comes from the Federal Chamber of Criminal Cassation where several judges discussed among themselves the possibility of ignoring reviews of sentences that are signed by judges appointed in a “commission”; the other, also not minor, if a decree were signed, What would prevent the Supreme Court from deferring any position until the fair returns in February? It is only a month before the regular sessions of Congress resume. Time flies and it could mean a trap for LLA.
The comings and goings over the decree “in commission” that for the Government is a possibility but that does not overcome the low chances, although they are rumors, ate the tongues of onegeism and the swords defending everything republican that usually inflame the networks and the editorials. Associations linked to law or constitutional matters that become irritated with any political action that does not follow the expected institutional course are on pause until December 30, the date on which a signature is expected if everything indicates that the Court will be ultra-reduced. The legal world that does not agree with the idea remembers the “Aparicio” ruling, where in 2015 the Supreme Court declared null and void a list of co-judges that had not been approved by the majority of the Senate. If the “alternates” require the approval of the Senate, don’t the incumbents?
Government confirms that the Attorney General’s Office is not a priority
Upon direct consultation of Scope that confirms its advance, The Government does not plan this year to open the discussion for the Attorney General and the head of the prosecutors. The data is revalidated because it could be one of the negotiation points that are part of the Kirchnerism invitation with the signing of the file for Lijo. It is something that will remain – in the best of cases for 2025 – or in the worst, a new boost for the “non-consensus” attorney who is none other than the interim Eduardo Casal, Guinness in permanence as interim. It comes into consideration the role of Vice Minister of Justice Sebastián Amerio, proposed from inside and outside (a bit to burn him too) as an eventual potential candidate and a trusted man of the Government’s “Iron Triangle”.
The problem with Amerio is that his role as Minister of Justice – with vastly superior decision over the blurred figure of Mariano Cúnero Libarona – is that he also occupies the chair in the Judicial Council. The government lacks the resources to cover such inhospitable places that require expertise with trusted people. They do not plan to hold the discussion this year.
A new Cassation begins to be outlined
Among all the ups and downs and under the radar, The first list of order of merit was completed in the contest to fill three vacancies in the powerful Federal Chamber of Criminal Cassation. Very preliminary because it only considers background and opposition evidence, some names began to be cut that by calculation could have a chance of ending up forming the highest criminal court in the country. Obviously everything for 2025. A separate fact was the poverty of scores in the written test that has the leader with 80 out of 100 as the most outstanding evaluation, and with an average of 60 points in the group that follows him.
The interesting thing about Cassation is that two vacancies for women are renewedAna María Figueroa and Liliana Catucci which, prima facie, should give it preponderance in the shortlists and in the election for gender balance. In any case, it is something that the Government has shown that it disdains but that does not go unnoticed by the rest of the actors in the system. The judge María Gabriela López Iñíguez leads by score and record; The TOF judge follows her closely Jose Michilini –who has to settle the Hotesur case- and third place goes to the prosecutor Leonel Gomez Barbella. The provisional fourth place is for Fernando Machado Pelloni who was in charge of the Oil Combustibles case. If the first ten are taken into account, with the exception that the positions end up being altered with the so-called interview with the directors that reorders the entire final discussion, it should be noted that Mariano Pérez Roller – the general secretary of the Council of the Judiciary and almost an administrative “organizer” of the competitions – who is seventh. The judge in economic criminal matters follows Diego Amarante who knew how to be close to Patricia Bullrich during her presidential campaign to bring her closer to part of the judicial world. The Criminal Execution Judge Jimena Monsalve She appears in tenth place and, strictly speaking, is the second woman on the list. It’s pretty close Jorge Gorini one of the Oral Court judges best known for the number of resonant political cases in which he intervened. The operators point out that we must pay attention to the Chaco federal judge Zunilda Nieremperger which is now 16, but could climb with many chances due to its trajectory and a whole constellation of transversal supports that have it well considered.
Number 22 was the woman from Salta Mariana Catalano that some said that she had a chance of being nominated to the Supreme Court if the Lijo plan failed. The transferred judge follows Pablo Bertuzzi that he does not leave a contest to participate but that he drags incomplete paperwork for his permanence in the Federal Chamber. This time it would be by contest. The rest of the list may offer surprises but for now they maintain expectant places. It all depends on the interviews and whether a consensus is reached to form three shortlists, with women and who have the approval of the plenary session of directors. Later, what Milei decides to send to the Senate enters into a cone of shadow, but it is not something minor given that it would be a government that has in its hands to define the future of the Court and a third of the highest criminal court in the country.
It is an unbeatable opportunity from the blackboard, or it can unleash a major crisis if poorly executed.
Source: Ambito
