In a new charge against his colleague and successor in the presidency of the highest court, Supreme Court Justice Ricardo Lorenzetti asked Horacio Rosatti to displace his secretary and most trusted man, Silvio Robles, for "serious ethical lapses."
In another letter addressed to Rosatti and dated November 22, Lorenzetti begins with a direct attack: "I have respected your decision to paralyze all kinds of decisions until the impeachment or the electoral process are over, including the situation of an official of your office, Mr. Silvio Robles. But I never understood that this meant to hide in the hope that the passage of time would make us forget, because society does not forget; he always complains."
The minister then refers to the new Code of Conduct of the U.S. Court, according to which "a judge must avoid what creates the appearance of being unseemly and unacceptable. A person who has had Mr. Robles' conduct would not last a minute in that prestigious courtroom."
"That is why I am writing to you in order to request the immediate removal of the Director General of your office, Mr. Silvio Robes, for serious ethical breaches that will be exposed below," the letter continues, before listing these alleged inaccuracies.
Already using the potential mode, the jurist from Rafaela attributes to Robles that according to "publications in different media and social networks", he would havemet with people interested in cases that were being processed in the Court, would have transmitted internal information about the status of those cases, would have anticipated votes and would have promised to speed up or delay resolutions.
"All of this is aggravated by the fact that the official claims to speak on behalf of three ministers, whom he contemptuously calls 'the trident' or 'the three musketeers.'" Lorenzetti says that this was disseminated in several publications, "which is enough to promote a summary, for which "there are numerous witnesses inside and outside the Court" who should be summoned.
The minister warns his colleague that his "is an ethical proposal dedicated to protecting the image of the Court and the entire Judicial Branch" since, "by invoking the representation of three ministers, Robles can try to exert influence over the statements and the process in general." The formal letter, he says, is due to the fact that his proposals were not answered in "numerous conversations."
No reproach for hacked chats?
Lorenzetti also clarifies that his request has nothing to do with the revelation of Robles' private conversations with former Buenos Aires Security Minister Marcelo D'Alessandro, whose phones were hacked and their chats, in many cases edited, were disseminated by Kirchnerist media and networks this summer.
However, for the minister, Robles' alleged "ethical lapse" is that "he did not take any action to provide information on these accusations as befits a public official."
It is a huge damage to credibility and to the notion of impartiality to leave in doubt that one of the parties to a judicial proceeding can have access to privileged information about the proceeding and to the drafting of a Supreme Court judgment. Nothing similar has happened in the entire history of the Supreme Court of Justice of the Nation," Lorenzetti is scandalized.
The minister of the highest court recalls a 2004 Accord, under the presidency of the late Justice Petracchi, in which, for example, it was established that there should be no meetings of the Court or its officials with one party to any process if the other is not present.
With repeated mentions of public ethics and transparency, Lorenzetti accuses Robles of not having handed over his phone for an expert examination, "and to give any explanation," although his boss Rosatti said that "you always have to make yourself available for the clarification of the facts." "When a news story is widely disseminated, the problem is no longer personal, but institutional."
For these reasons, the former head of the Court requires an independent investigation to clarify the facts.
Lorenzetti's deepest dagger comes at the end of his letter, when he tells Rosatti that "all the files where Robles was involved were paralyzed for a whole year, using the powers that the president has to send the cases to the agreement." Specifically, the minister refers to Senator Luis Juez's claim to be incorporated into the Council of the Magistracy, and the City's request not to reduce the percentage of Federal Co-participation sent to them by the Nation until a decree by Alberto Fernández changed it in 2021.
To finalize Robles' displacement, Lorenzetti requests that the official be transferred "preventively" to another area of the Judicial Branch "following the precedents signed by this court recently," in reference to the removal of former Court administrator Héctor Marchi, closely linked to Lorenzetti. The minister also wants Robles to submit an affidavit "expressing his opinion on the facts attributed to him," and for an internal investigation to be organized with the participation of non-governmental organizations as "observers."
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