In a superhuman effort to satisfy Cristina Kirchner’s demand for some gale to clear her horizon of the criminal cases against her that are accumulating in the courts, the members of the Federal Oral Court 8 wrote this Wednesday another page of magical realism in court: with the umpteenth virtual hearing to “discuss” whether or not the oral trial should begin or not for the alleged cover-up of the attack on the AMIA through the pact with Iran, the judges continue to extend a procedural limbo that is not contemplated in any code, and that excludes any constitutional guarantee both for the accused and for the prosecutor and the plaintiffs.
In an unprecedented “no trial”, the doctors Gabriela López Íñiguez, Daniel Obligado and José Michilini They continue to listen to the arguments of the Vice President, the Treasury Attorney Carlos Zannini, the Vice Minister of Justice Juan Martin Mena and others accused of the alleged attempt to benefit Iranian citizens accused of having planned the terrorist attack that left 85 dead: everyone tries to have the cause annulled initiated by the complaint filed by the prosecutor Alberto Nisman days before being found in the bathroom of his house with a shot in the head, and that the oral trial simply never takes place.
Under the usual litter of a supposed “judicial persecution” -the spectral lawfare agitated by the former Kirchnerist officials investigated in the courts- those processed during the investigation of Judge Claudio Bonadio point their complaints to the meetings that the Cassation chambermaids Mariano Borinsky and Gustavo Hornos they had with Mauricio Macri, both in the Quinta de Olivos and in the Casa Rosada.
According to his thesis, in those meetings -certificates in the entrance records to both buildings- the former president ordered the chambermaids to “chase” Cristina and his former officials.
Some details: Cassation is the second instance of review of the procedural decisions in any file, which begins with the accusation of a prosecutor, is endorsed by an investigating judge with eventual prosecutions, ratified by the Buenos Aires Federal Chamber – each of whose two chambers has three judges – and only then discussed before the Federal Cassation, where three judges also analyze it. The entire circuit also needs the prosecutor before each of these courts to uphold the accusation of the previous instance.
Whatever the role of Hornos and Borinsky may have been, it remains dwarfed in the spine of the case, whose steps and steps – in turn trodden a thousand times back and forth with dozens of appeals and resources from the accused – they guarantee that none of all the judges can commit arbitrariness.
Another fact: in the first virtual hearing in which he had to uphold the elementary idea that the oral trial should be carried out, the prosecutor Marcelo colombo contributed a piece of information systematically omitted by Cristina’s lawyers and his own: the visits of the chambermaids to Macri do not coincide in time with any of his interventions in the case of the pact with Iran. Facts, not opinion.
Finally, in one of his regular interviews with official media, Alberto Fernández himself said in March that “there is no crime in which a judge speaks with a president,” although he warned that “Yes there is a crime if the president gives him orders” to the magistrate. Irreproachable.
But the gibberish of the accused could only grow because of the unprecedented patience? tolerance? cooperation? of the members of TOF 8, that despite the fact that all parties they had already proposed their witnesses and offered evidence During the complementary investigation before that court, for a month and a half it has been convening these original hearings in which – outside of all legal framework – each one says and claims what comes to mind ignoring what the record collected and proved for four years.
As said: the effort to remove Cristina from the dock in another oral trial is superhuman. The vice took a small consolation with the annulment of the case for the future dollar, and exerts all her pressure -which is a lot- to get rid of a cause that particularly mortifies her. Deactivating the radioactive corruption files in which she is the main defendant is a much more difficult task. Impossible, they rectify from Comodoro Py.