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Due to an appeal by the lawyer Beraldi, the crossing of calls from Mauricio Macri continues

2020-08-10T20:25:34.162Z


By order of the Chamber, Judge Servini had to stop the measure. But the defender of Cristóbal López appealed to the Cassation and the magistrate resumed work. They denounced her for disobedience.


Claudio Savoia

08/10/2020 - 15:55

  • Clarín.com
  • Politics

The fight for the request of Cristóbal López and Fabián De Sousa for justice to analyze and cross the calls of Mauricio Macri during almost his entire term as president to detect if he communicated with the businessmen who allegedly tried to take over the Indalo Group, his business conglomerate , had a curious chapter this Monday: after the order of the Buenos Aires Federal Chamber for Judge María Servini to suspend the analysis of the presidential communications until the plaintiffs need a period of time to request it, the magistrate had stopped the test. But the businessmen's lawyer, Carlos Beraldi, appealed the revocation of the Federal Chamber to its superior instance, the Federal Chamber of Cassation. What is striking is that, after that appeal,Servini resumed the crossover. Macri's lawyer denounced her for disobedience.

Following the order of the Chamber, last Thursday, Servini had ordered to stop the expertise on Macri's calls, and to send to his court what has been produced so far to destroy it. But the next day, Beraldi appealed that resolution to the Federal Criminal Cassation Chamber, in a judicial "pooltazo": according to the majority jurisprudence, the questions of evidence are not marriageable , that is, they do not represent questions that the court agrees to address. The lawyer is within his right to try.

But what Macri's lawyer, Pablo Lanusse appealed this Monday was something else: Servini's unexpected decision to ignore the order of the Chamber and resume the analysis of the calls of the former president, after Beraldi recused the chamber members Martín Irurzun and Leopoldo Bruglia, and present his appeal to the Cassation.

For the defender, this measure " annihilates legal security, due process, defense in court , equality of arms and balance between the parties, the principle of non-regression and progressiveness, the right, the reason for being of the competence, intervention and review authority and the necessary subjection to its decisions and the right to recourse and effective judicial protection ". Lanusse called Servini's decision "gross and gross disobedience."

"It is inadmissible and unprecedented that the Judge converts a mere presentation of the complaint, effective on August 7, 2020 at 12:53 p.m., to order, without prior substantiation, the revocation of her own decision where she had complied with and executed what was resolved by her Superior ", complains the lawyer. And it continues: "It is incredible that the Judge has signed this decision on Sunday, August 9, 2020 at 9:19 p.m. , to go not only against her own steps - where she had annulled the order of July 6, 2020, revoked. by his Superior - but against what was resolved by the latter, without urgency to justify it, or authorization of days and hours to endorse it ".

The presentation of Macri's lawyer reasons then that "we cannot deny an extra-procedural fact, which without hesitation has marked the fate of this investigation and has twisted the validity of the faithful of the balance against the search for the truth. I mean the criticism of Mrs. Vice-President of the Nation, Cristina Fernández de Kirchner to the decision of Chamber II already alluded to, and to the interference of the one named in this investigation, aired through the social network Twitter ", it is explained.

"We do not deny the lawyer Beraldi to file an unviable appeal against the resolution of Chamber II that revoked the order dated July 6, 2020. What we demand, because it is what by law corresponds, is that Alzada's decision , progressivity, the prohibition of regression, stability, legal security and the right to effective judicial protection are guaranteed and operative. It is known that the filing of this appeal does not suspend the effects of the resolution of the Chamber ", says the appeal in the central section. With "sadness and nausea", Lanusse demands from Judge Servini the same urgency to treat her request as the one she granted to Beraldi's.

In a second letter, the lawyer addressed the Federal Chamber. "This situation of uprising and unprecedented disobedience, forces this defense to present itself urgently before this Appeal so that it forces to enforce its decision of August 6, 2020", since " the disobedience and the uprising verified by the Judge degree requires urgent correction by this Appeal ".

The file is full of political ingredients, the mention of which is inevitable. López and De Sousa's lawyer is also Cristina Kirchner's, who on Thursday furiously tweeted that “judges Martín Irurzun (the one on the doctrine of preventive prisons for Macri's opponents) and Leopoldo Bruglia (the lazy transfer of papers, without the agreement of the Senate and without taking an oath of law) they have just consecrated once again impunity for Mauricio Macri ”.

"The evidence requested was to demonstrate the existence of the macrista judicial table and its articulation with the intelligence services and with different members of the Judicial Power of the Nation to persecute opponents and seize foreign companies ", continued the vice president on Twitter, identifying Cristóbal López's interests with those of herself.

For now, both share as a lawyer the prestigious Dr. Beraldi, much questioned last week for his inclusion in the President's Advisory Committee that will suggest changes in the Court , the Attorney General and the Council of the Magistracy. The objections point precisely to the incompatibility of his role as a consultant and active plaintiff before the federal jurisdiction and the Supreme Court.

Source: clarin

All news articles on 2020-08-10

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