The two sentences that made the news today were perhaps not a big surprise to their protagonists. The experience of recent years where judicial cases moved in line with the strengths and weaknesses, conveniences and political triumphs of whoever occupied the Executive Branch was confirmed again today.
The Federal Chamber of Criminal Cassation, with the votes of Guillermo Yacobucci and Mariano Borinsky of Chamber II, confirmed the dismissal of Mauricio Macri in the ARA San Juan case. In this case, it was investigated how the Federal Intelligence Agency (AFI) illegally spied on the relatives of the submariners of the ARA San Juan, the Navy ship that sank in 2017. Although the intelligence tasks lasted almost a year, and There was no doubt that they were carried out reliably, for the Judiciary neither Macri nor the AFI officials should be investigated. In the minority, Judge Ángela Ledesma opined that the investigation should be promoted: “the AFI can only intervene in cases of production of specific national or criminal intelligence, although in no way can the reasons for its intervention be implicit.”

The dismissals were issued last year by the Federal Chamber, when it revoked the decision of the Dolores judge, Martín Bava, to prosecute Macri and the other former officials. In 2022, the chambermaids Llorens, Bretuzzi and Bruglia argued that the intelligence tasks carried out existed, but were not a crime because they were carried out to preserve the security of the then president. Also on trial were Gustavo Arribas, head of the Macrista AFI, Silvia Majdalani and other members of the AFI.

For human rights organizations and representatives, this is a failure to give free rein to the intelligence services. Judge Yacobucci endorsed illegal espionage, qualifying that these behaviors “not only fell within the legitimate purposes pursued by the Agency, but also constituted adequate means for the security objectives pursued” but also “turned out to be the most moderate and least intrusive within those equally effective, respecting the essential content of the rights involved that assist the victims’ families.”

This evident movement of the federal justice system favoring the PRO, and therefore the new government alliance that was formed between La Libertad Avanza and Mauricio Macri, was accompanied by an unfavorable sentence for Cristina Kirchner. The Federal Chamber of Buenos Aires ordered to revoke the dismissal of the vice president in the case of alleged money laundering in which businessman Lázaro Báez was convicted, known as the “Money Route K.”

Cristina Kirchner said on network judiciary suspends the elections in Boca five days before they take place. To think that in Argentina there are still those who talk about the independence of the Judiciary and their faces do not fall. Mom!”

Judges Llorens and Bertuzzi accepted the proposal of the macrista NGO Bases Republicanas and the judicial case returns to the hands of Casanello. In a divided vote, Chamber II of the Court of Appeals accepted a proposal from the macrista NGO Bases Republicanas, accepted last August as a plaintiff in the case, which asked to reopen the investigation. Judges Mariano Llorens and Pablo Bertuzzi ordered that Judge Sebastián Casanello, who had signed the dismissal of the vice president because he understood that there was no evidence against her, gave rise to the presentation of the new plaintiff as the accuser. Eduardo Farah, on the other hand, voted in the minority to reject the NGO’s proposal. The Chamber also recommended Casanello analyze the evidence presented by prosecutor Diego Luciani in the Vialidad trial, study the Hotesur-Los Sauces case and incorporate the statements of the repentant in the “Cuadernos” file.

The NGO Bases Republicanas is far from being a civil association without political interests, but is made up of former Macri officials such as Jimena de la Torre, a member of the Council of the Judiciary and former AFIP official under Macriism, and Pablo Noceti is its first vice president. ; head of the Security Cabinet under Patricia Bullrich, responsible for the repression on the Pu Lof where Santiago Maldonado disappeared and then appeared lifeless in 2017. This added to the recommendation of the camaristas to join the case with other trials promoted by the Macrismo against CFK , indicate the level of political interest that these sentences have.

Furthermore, in 2024 other cases that complicate the vice president will continue: the “Viality” appeal where she was convicted, the review of the dismissal in Hotesur-Los Sauces, to which is now added the “Money Route K” case.

When Milei spoke in the campaign about “adjusting caste and politics,” he was evidently not referring to the judges, despite being the most privileged and aristocratic political power in the regime. What is a caste if not that “judicial family”, with lifelong positions that are not elected by popular vote, with privileged salaries that border on the obscene in a context of exponential increase in poverty. That is the undemocratic Judiciary, which no government questioned in its privileges – neither the current Unión por la Patria, nor those of Néstor and Cristina Kirchner -, which protects large companies and banks, which gives impunity to repression and which decides on the lives of millions of workers, women, boys and girls. Now he is rushing to get in tune with the new government and probably, with the adjustment that he wants to deepen.


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