Cristina Kirchner and Axel Kicillof will seek to bury the business of the future dollar

Cristina Kirchner will return to court this Thursday – practically – more than a year after testifying in the Road. During this presentation, in December 2019, he shouted at the court judges to tell them that they were the embodiment of the law and that it did not matter that they condemn her, because history, she said, had already acquitted her. On this occasion, the vice-president will face the best procedural position of her personal history of visits to the Comodoro Py building in 2002, to request her dismissal in the so-called case. “Future dollar”.

Politically, and although she has requested the broadcast of the public, the vice-president will also have at her disposal a luxury stage: a Zoom broadcast live on YouTube, to present her own speech, mirror of that given by the president. Alberto Fernandez in Congress. He will take the opportunity to deepen the economic complaint against the government of Mauricio Macri, criminalize the deal with the IMF, expose yourself again as a victim of law and proclaim the necessity of putting an end to the justice which judges her. The launch of the electoral campaign, in another area.

In previous years, Cristina Kirchner has always gone to court to testify, to respond to charges contained in stacks of files. Now she arrives in the best possible procedural situation: to argue why they have to fire her in the name of the future dollar, because An accountant has already determined that there is no prejudice to the state with his political decision to command buying dollars on the futures market while experiencing devaluation. With this argument, the defendants asked to be dismissed, in the absence of a crime. And that the oral trial is never over, that would make no sense.

After the expertise, the judges of the Federal Oral Court n ° 1, José Michilini and Ricardo Basilico, they rejected this request to dismiss the case. But the third member of the tribunal, Adrián Grünberg, He voted in favor of the dismissal of all the accused and of not holding the oral and public trial due to the absence of a crime. As he found himself in the minority, he dispensed with continuing to intervene in the affair, so as not to prejudge. He was replaced by his colleague Gabriela López Iñiguez.

Cristina Kirchner and Axel Kicillof, who is another of the defendants for his role as Minister of the Economy, appealed to the cassation to insist on the request for dismissal, on the grounds that there was no prejudice and, therefore, there is no crime. The prosecutor will also be in the virtual hearing this Thursday Raúl Pleé, who will argue the contrary, and the defendants Miguel Angel Pesce, current President of the Central Bank – he was vice-president of the entity at the time of the events investigated – and Alejandro Vanoli, former head of the Central Bank between 2014 and 2015.

The judges who must decide are Ana María Figueroa, Diego Barroetaveña and Daniel Petrone, of room I of the cassation chamber. The first is closer to Kirchnerism.

The judges have at least three possible scenarios: may, notwithstanding the convocation of the hearing, declare the extraordinary appeal inadmissible because it is not directed against a final conviction, since it remains to proceed to the oral trial and that everything is defined there.

Another possibility is that they solve refuse it, considering that even if it is not before a final sentence, federal questions are rather raised. If they reject it, they must explain the reasons.

They can also decide accept the resource and analyze that if the expert opinion concludes that there is no harm, there is no crime. In this case, they themselves can order a judgment accordingly. Although they have the power to dismiss directly, this decision would remove the possibility of a double-proceeding review for the parties.

Anyway, there is another idea on the table: that beyond these proposals, it is the oral and public trial where the evidence must be disseminated and the expertise is part of it, with the testimonials and documents. Through the aggregate analysis of all these tests, judges can make a full and more comprehensive assessment.

The investigation for the sale of the future dollar in 2015 was the responsibility of the late federal judge Claudio Bonadio, who issued his first indictment against the former president in this case.

The judges of cassation will listen to the accused and the prosecutor and, after the hearing, they will have around 20 days to rule. But, surely, the sentence will be known before.

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