The Federal Court of Cassation returned on Thursday to reject an appeal by the defense of Vice President Cristina Kirchner to remove judges Mariano Borinsky and Gustavo Hornos from the review of their sentence to 6 years in prison in the Vialidad case.
"The claim expressed by the defense, that a new Chamber draw be carried out before the presentation of a complaint for horizontal cassation appeal denied that is, clearly, inadmissible before the type of resolution questioned, would make illusory the validity of the guarantee of the natural judge immanent to due legal process," argued Hornos and Borinsky.
Vice President Cristina Kirchner insists on recussals and other measures to try to displace Hornos and Borinsky and replace them with judges like Ana Figueroa and Alejandro Slokar, who generally vote in line with her judicial strategy.
On the other hand, Hornos and Borinsky ordered that the judge of that court be drawn to be drawn and will have to intervene in the review of the sentence in the Vialidad case, replacing the member of Chamber IV Javier Carbajo, who excused himself.
In that case, Vice President Cristina Kirchner is sentenced to 6 years in prison and perpetual disqualification from holding public office, as soon as the sentence is final.
Chamber members Gustavo Hornos and Mariano Borinsky, from that same chamber, ordered to send the file to the Office of Draws of the Presidency of Cassation to define "the judge" who will intervene in the review of the verdict of the Federal Oral Court 2, according to the resolution.
In addition, they ordered that the parties be informed "the day, time and place" in which the draw will take place "in order to be able to witness it" and give transparency to the process.
The Vice President was sentenced to six years in prison by the TOF2, in a ruling appealed by her defense, which asked to remove Hornos and Borinsky from the review of the case, something that was rejected by the latter two.
Faced with this, he filed a "horizontal" appeal for other judges of Cassation to intervene in this decision; the one that was declared inadmissible on May 31 last and then filed a complaint for challenge of Cassation denied, which has now also been rejected.
Cassation is the highest criminal court that only has above the Supreme Court of Justice of the Nation.
The judges held that "this Chamber intervenes in the case by virtue of the draw made in its first elevation" on March 13, 2017.
Bankruptcy of a company that had bought the former private secretary of the Kirchners with money from bribes