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February 1, 2023
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Capuchetti’s recusal hearing will be face-to-face and will not be broadcast live

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The judge was challenged for maintaining a labor relationship with the Government of CABA.

The hearing in which this Thursday the last challenge presented by the complaint of the vice president will be discussed Cristina Fernandez de Kirchner against the federal judge Maria Eugenia Capuchetti In the case for the attempt on his life “it will be carried out in person,” judicial sources reported this Wednesday, which ruled out that live images will be transmitted.

“In attention to what was previously requested by the Dr. (Marcos) Aldazabal and to guarantee the publicity of the hearing, let it be known that the oral report will be carried out in person on the 2nd of this month at 12:00 p.m., at the headquarters of this Court”, resolved the federal chambermaid Leopoldo Bruglia.

The lawsuit headed by the lawyers aldazabal Y Jose Manuel Ubeira had requested that the hearing “be carried out orally and publicly, so that it can be transmitted by the means that Your Excellency deems appropriate”, although the objective was to enable its live broadcastwhich was going to be done on the Zoom platform.

The statement of the complaint before the Federal Chamber of Buenos Aires had been presented yesterday afternoon and there it was maintained that “the publicity of all the hearings -but even more those that have such importance for the citizenry- according to the Supreme Court of Justice of the Nation leads to an improvement in institutional quality”.

Publicity for all audiences leads to an improvement in institutional quality, the complaint sealed Photo Victoria Egurza
The publicity of all audiences “leads to an improvement in institutional quality,” the complaint said. / Photo: Victoria Egurza.

The lawyers added there that “it is not only a case that this Chamber has already referred to as institutional seriousness, but also a circumstance in which basic issues for our society are discussed, such as separation and independence of powers and conduct that must be respected by public officials”.

Judicial sources consulted by this agency emphasized that the hearing may be witnessed by journalists who want to cover it and that these may record the audios of the presentation of the plaintiff lawyersat the same time that an “official” image can be taken before the start of it.

Link with the ISSP of CABA

Days ago, Capuchetti rejected the last challenge presented by the complaint in which his impartiality was questioned, after it emerged that he performs paid academic work at the Higher Institute of Public Security (ISSP) in the city of Buenos Aires.

This last recusal had been presented by Fernández de Kirchner’s complaint on January 9 and there the magistrate was accused of an alleged “dependency” of the Buenos Aires Ministry of Justice and Security.

“Last night, a challenge was filed against Judge Capuchetti for her dependence on the CABA Ministry of Security, the same one that surrounded my house with fences and did intelligence at my home before and after the attack,” the former president said on her social networks that day. .

The Vice President’s lawyers indicated when requesting this disqualification that judge “Capuchetti, as reported by the ISSP on January 6, has received a salary from the agency since 2014. This is also stated in documents that came to light on Friday and weekend”.

Fernández de Kirchner had already made a request for recusal against the magistrate on November 14 of last year, based on what he considered “irregularities and arbitrariness” committed by the judge “since the first day” of the investigation into the attack that occurred at his home in Recoleta on September 1, 2022.

Capture of the moment of the assassination attempt
Capture of the moment of the assassination attempt.

In that first recusal, rejected in two instances and studied by the judge Guillermo Yacobucci of the Criminal Cassation Chamber, the lawyers for the complaint questioned Judge Capuchetti for not having delved into different lines of investigation, among which “the Milman track” stood out.

This track was inaugurated after an advisor to a pro-government deputy said he had heard, in a bar near Congress, a conversation between national legislator Gerardo Milman (Together for Change) with two women in which he referred to a possible attack (possibly on the Vice President) before it happened.

It was within the framework of the investigation of this track that the break in the relationship between the complaint and the magistrate occurred: it was when Judge Capuchetti rejected a proposal by the Vice President’s lawyers who claimed that the cell phones of the advisers be kidnapped of Milman who were with him at the Casablanca bar when he allegedly referred to the attack.

Milman’s advisers, when testifying as witnesses, first denied having met with him in the bar near the Congress, but later they retracted when they saw the images from the security cameras that located them there; however, they always rejected the fact that the legislator had pronounced the phrase “when they kill her, I’m on my way to the coast.”

For this reason, the alleged co-perpetrators of the attempted murder, Fernando André Sabag Montiel, who triggered a loaded pistol in front of the Vice President’s face on September 1, and his alleged partner Brenda Uliarte, who accompanied him on day of the event

Yesterday, when expanding his investigation, Nicolás Carrizo, also arrested and prosecuted as a secondary participant, the alleged boss of both in the street sale of snowflakes, tried to detach himself from the facts by stating that he believes that Sabag Montiel pointed at the head of the Vice President to impress Uliarte, who humiliated him with references to his lack of manliness.

Dozens of messages were found on Carrizo’s cell phone in which he attributed participation in the preparation of the plan to kill Fernández de Kirchner: when trying to justify these chats, he maintained that they were “jokes” that sought to generate a reaction from his interlocutors , family and friends.



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