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Cristina's plan B against Casal is a "warning" for all prosecutors

2020-08-19T22:07:20.469Z


If the Ks win a majority of the impeachment jury, they may threaten all prosecutors with removal. The Attorney General of the Nation reiterated that he will not resign from his position, unless the Senate dismisses him.


Daniel Santoro

08/19/2020 - 18:33

  • Clarín.com
  • Politics

The changes that the Ks want to introduce in the prosecutors' trial court not only seek the resignation of acting attorney general Eduardo Casal, but also constitute a “warning” for all national public prosecutors . Just in case , Casal said yesterday to his surroundings again: "I am not going to resign" in the face of the attrition operation that was launched against him.

Plan B of Cristina Kirchner and her judicial table - made up of her lawyers, specialized legislators and officials - aims to try to carry out a jury against Casal as if he were a common prosecutor . They know that the impeachment route through Congress is not viable because they need two-thirds of the senators . Plan A had begun through the bicameral Commission for Monitoring and Control of the Public Prosecutor's Office, chaired by Senator K Martín Doñate, calling 12 non-governmental organizations - aligned with the ruling party - that presented complaints against Casal. They started with a lot of media noise but then they stopped.

So, now they interpret that as Casal is not a regular but an interim prosecutor , he could be removed through that jury for common prosecutors in which they try to secure a majority for various reasons, in the middle of the K offensive on Justice.

Casal assumed the position of interim because it is dictated by the law of the public ministry after the resignation of the position of the founder of "Legitimate Justice" Alejandra Gils Carbó at the end of 2017. But Casal - a career civil servant without political militancy - had been appointed by the Ministry of Justice as criminal prosecutor before the Court before the reform of the Constitution in 1994 . Then, a 90-day challenge period was opened and since no one complained, he was confirmed in office, ignoring the Senate's ratification of that right. So, he has "the constitutional guarantees that the interim position gives him" to only resign if he is impeached and eventually convicted, it was stated in sources close to the Attorney General.

In addition, if they want to open a political trial in the trial court, there is the paradox that he himself should approve it because that is what the organic law of the public prosecutor's office establishes.

The Ks want to control that seven-member court anyway . The jury of prosecutors is made up of Francisco Panero (representing the Argentine Federation of Bar Associations), Adriana Donato (Public Bar Association of the Federal Capital), Mario Laporta (National Senate), Juan Carlos Paulucci (general attorneys ), María Alejandra Obregón (prosecutors), Federico Thea (National Interuniversity Council) and a delegate from the national government. In judicial sources it was stated that President Alberto Fernández could appoint Héctor Recalde to that position . Furthermore, it is not known whether Federico Thea, who entered the jury as rector of the University of José C. Paz and is currently the secretary general of the Kicillof government, will continue in office or will be replaced by his alternate Laura Giosa. The first attack of plan B is against Laporta, who they want to remove next week, although his term is for three years .

A source familiar with the inmate of the jury affirms that the representatives of the prosecutors and lawyers will not accept pressure to dismiss Casal or any other prosecutor who has investigated corruption . K. If they manage to change Laporta for the ruling party César Grau, there would be four to three votes.

For now, this jury must decide whether to remove the convicted attorney general of Río Cuarto Julio Castro accused of having beaten and raped his ex-girlfriend.

In Comodoro Py they interpret that the play is not only against Casal but against all federal prosecutors . "Before we are born, they already want to dominate us ," a prosecutor told Clarín who asked to remain anonymous.

The phrase refers to the fact that corruption investigations in the coming months will pass from the hands of federal judges to prosecutors by application of the new Criminal Procedure Code.

This new procedural code entered into force in June 2019 only for Salta and Jujuy; and it was partially put into effect for the entire country by the Bicameral Commission for the Monitoring and Implementation of the Code only with regard to 10 articles. Gradually, it will reach all federal prosecutors and all articles.

That is why the Association of Prosecutors and Officials of the Public Prosecutor's Office of the Nation, chaired by Carlos Rívolo, came out to denounce that those changes that the majority K of the Senate tries to implement in the jury "violate the guarantee of the natural judge . " Rívolo's group, in other words, "agrees with the control, but not with the dominance of the prosecutors " through eventual threats of impeachment.

So, to determine if this balance of moderate votes is maintained, it will also be necessary to observe who wins the next internal elections of the public bar association and the Federation of Bar Associations of the Argentine Republic (FACA) . "If this government can dominate us through the jury, in the future everyone will do it ," warned another federal prosecutor who began to study the composition of this key jury under a microscope.

Source: clarin

All news articles on 2020-08-19

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