Can the political trial of Alberto Fernández prosper?

The opposition formalized the request for impeachment of the president Albert Fernandez. The reason, according to the text of the resolution, the statements made by the highest representative in the program “A dos vozs” (TN) about the prosecutor Diego Luciani, who is carrying out the accusation against Vice President Cristina Kirchner for the Vialidad case. But what is needed to make the order possible? Is it possible or is it a political move that hardly advances?

“Nisman committed suicide, I hope that prosecutor Luciani does not do something like that,” he said. Fernandez, establishing a comparison with the prosecutor Alberto Nisman, whose death is still being investigated, and the main hypothesis of Justice focuses on a possible murder. And it was precisely this comparison that prompted the actions of the opposition, which I qualify the words of the President of “reckless and threatening”. But the request is just the beginning of a debate where, more than once, politicians are actually focused on generating media impact.

What is needed for the Political Trial to advance?

A political trial begins in the Chamber of Deputies. And to carry it forward, it is necessary to obtain the positive vote of two thirds of those present in the chamber. only then would it go to the Senate, who judges the accused and sentences dismissing or acquitting with the same majority: 2/3. It is worth clarifying that according to the National Constitution, if the defendant in question is the President of the Nation, the Senate, which is chaired by the vice president, must be chaired by the president of the Supreme Court of Justice of the Nation, during the process.

Now, to understand what chances the request has of advancing, we must resort to the current composition of both chambers and this is where the chances of the request passing the Chamber of Deputies are practically nil. Why? After the 2021 elections, the ruling party has 118 seats out of 257, 46%. And when it comes to the president, it is very difficult for someone to be absent on the day of the vote. On the other hand, if the opposition were to unite in its entirety, including the left and the liberals, it would manage to gather 54% of the chamber, that is, just a little more than half, far from the 2/3 required by the Constitution. The opposition knows this very well.

From the opposition they had already announced that they would request a political trial after Alberto Fernández, through an official statement, defended the vice president from the accusations. And it was the deputy from Cambiemos, the radical Ricardo Buryaile, who presented the request describing the actions of the President as “a systematic attack on the Judiciary.” According to his argument, the fact that the president has used an official channel to defend the vice president violates the principle of separation of powers, which would constitute grounds for impeachment.

Buryaile’s qualification coincides with that made by prosecutor Diego Luciani, who described the presidential intervention as “undue interference” and a “puerile” defense. The statement was also questioned by the Association of Prosecutors and Officials of the Public Ministry of the Nation.

by RN

Image gallery

e-planning ad

ttn-25