On February 1, a march on the Supreme Court is called, whose declared objective is to “demand” the resignation of the judges of the court. Or to put it in the words of Luis D’Elía, “kick them out so they leave and never come back” because they are at the service of Macri, Magnetto and the United States Embassy.
According to the National Constitution, the judges of the Court can only be removed from their positions through the impeachment process, in which the Chamber of Deputies fulfills the function of accusing and the Senate that of judging, and in which Both the accusation and a possible resolution of removal demand an aggravated majority of two thirds of the members present in each Chamber.
Of course, to activate a process of this nature, the Constitution requires the existence of a specific cause, which may consist of poor performance or the commission of a crime in the exercise of their functions or a common crime. Disagreement with the Court’s rulings or with the profile of its judges is not a constitutional ground for impeachment.
The judges, as well as the President of the Nation, the ministers of the Executive Power and the legislators, have the power to resign their positions, but it is clear that to be valid the resignation must be a free and voluntary act, that is to say, everything the opposite of a decision made by external pressures.
The march in question has the deliberate purpose of putting pressure on the judges of the Court to wear them down, subject them to public ridicule, expose them as pretended enemies of the people, worshipers of lawfare or perpetrators of political actions, and in this way remove them from their positions.
It will be said that a mobilization convened and led by civil society would be compatible with the exercise of the right to express oneself and petition the authorities. This is not the case because this march has been conceived, endorsed and promoted by high-ranking government officials.
Although the first spokespersons were leaders who in principle would not have formal positions in the government structure, immediately the mobilization and its goals were endorsed by the vice minister of justice and by the president of the Nation himself, in addition to entities that by the power that They hold –in many cases public functions delegated by the State- constitute a kind of parastatal shock forces, as is the case of the Truckers’ Union.
This means that it is intended to remove the four judges who are the head of one of the powers of the State by pressing with the entire state apparatus to force their resignations.
If Argentina’s history is reviewed, the coups d’état that deposed presidents and their deputies since 1930 also forced their resignations here. They did it with other means, such as the deployment of military units and the use of violence. In some cases the resignation was finalized and in others it was not because the president left the country avoiding arrest or, as in the case of Frondizi, he preferred to be confined in Martín García rather than stamp his resignation signature by force and against his will.
This case, with its nuances, is very similar. It is the state apparatus, of organizations financed with public money, of union organizations (as in the coup against Illia) and of the media paid for with official advertising, against four judges. Another form of violence and other tools to rise up against the Constitution.
That the action of February 1 was directed against the judges of the Court does not change its coup character. It should not be forgotten that the coups d’état in our country from 1955 onwards not only deposed the Executive and Legislative powers -as had happened in the coups of ’30 and ’43-, but since then they also deposed the judges. of the Court –with the exception of the coup of ’62- to subsequently integrate it by appointing de facto judges.
To measure the seriousness of what is brewing, it is enough to draw a parallel with what those same officials who call for a march to remove judges of the Court would express if opposition leaders called for a march to the Plaza de Mayo to demand the resignation of the president of the Nation for its management incapacity. No one would hesitate to describe the event as an uprising against the constitutional order since the president has a four-year mandate.
We are therefore in the presence of a coup attempt against one of the three powers of the State, planned and arranged between government officials and certain social and union leaders to achieve the removal of the four judges from the Court through a mechanism that is not only not foreseen in the Constitution, but is also contrary to it and is condemned by the defense clause of the constitutional order that incorporated as article 36 the reform of 1994 with the fresh memory of the succession of democratic interruptions since 1930 in our country.
Deputy of the MC Nation (Chubut-UCR)