Claudio Savoia
10/20/2020 8:45 PM
Clarín.com
Politics
Updated 10/20/2020 8:45 PM
The presence of Horacio Rosatti and Ricardo Lorenzetti in the Courts palace, under the spring rain this Tuesday, indicated the importance that the usual ordinary agreement would have this week, in which a definition is expected regarding the
per saltum
with which the judges Leopoldo Bruglia, Pablo Bertuzzi and Germán Castelli objected to the swift displacement of their positions by the ruling party.
But the embroidery of that sentence did not reach its final stitch: speculation continues about
a possible "intermediate exit", which is nothing more than postponing Kirchner's plans to sweep away those magistrates a bit
, while it advances with their replacement.
Of course, the secrecy with which the Court ministers shielded their work multiplies the versions instead of quieting them.
As
Clarín
reported
, over the weekend the members of the court worked in depth on drafting their votes, with the intention of discussing them this Tuesday and, if the differences were not substantial, immediately sign a sentence.
It was not what happened.
The head of the body, Carlos Rosenkrantz, has already written his vote, the content of which should not surprise: already in the discussion of the agreed 4 and 7 of 2018, the judge had endorsed the transfers of judges.
His argumentation in the acceptance of the
per saltum
allows us to infer that this position was not modified, and that for this reason Judges Bruglia and Bertuzzi should remain in the Buenos Aires Federal Chamber, and Castelli in the Federal Oral Court 7.
But it is not his signature that is the most important in this case, but that of his colleagues Ricardo Lorenzetti, Juan Carlos Maqueda and Horacio Rosatti, who supported the transfers two years ago, and should now
ratify, modify or "interpret" that majority vote.
The first option would not need much explanation.
The second, with a Copernican twist, would be much more difficult to substantiate.
But there is a third way,
a line on the water that could defy those laws of Newtonian physics.
The "Peronist majority" of the Court - as it was baptized in 2019, when the votes of these three judges appeared together on matters of importance - could ratify the judges in the positions in which they held until two months ago, but leave behind subject that confirmation to
a later replacement of the three when a contest is made to take their places
.
It would be a triumph for the government, which dominates the Council of the Magistracy and the Senate, two offices that only endorse its wishes.
With a redoubled pace, in recent months the Council advanced in the selection process of the shortlist of candidates for the Buenos Aires Federal Chamber, where today two of the six judges are missing.
But if Bruglia and Bertuzzi are only confirmed there momentarily, the empty chairs would become four.
Kirchnerism in the Magistracy has everything ready to offer the president the four shortlists,
crammed with nice names for the vice president.
Let's go back to court.
When Rosatti and Maqueda endorsed the transfers of judges within the same jurisdiction and with similar functions, when faced with an express question from the Minister of Justice Germán Garavano Lorenzetti, they
did not add a new Senate agreement as a condition
.
Nor did they say in any section of that Agreement 7 that transfers that did not have a new OK from the Council of the Magistracy and the Senate would be transitory.
Not a word.
If they did now, it would be necessary to read carefully how they could hang that sanbenito on the transfers made prior to a new sentence, as the attorney Eduardo Casal warned in his opinion.
The zoom of this Tuesday worked to pour oil into the mechanism, but the uncertainty will extend for two more days.
Meanwhile, the coin is still in the air.
"Everything is very advanced, the judges just want to analyze a little more and make some adjustments.
But until the chicken comes out of the oven, it is a hen cackling in the corral,"
warned a high court official as the sun went down this Tuesday.
Whatever the recipe, the court knows that it will indigestible a portion of society and power.
"We don't care," swear the magistrates.
