The Supreme Court of Justice of the Nation rejected the challenge filed by former President Alberto Fernández against Judge Julián Ercolini, in the context of the case investigating alleged irregularities in insurance contracts during his administration.
Although Ercolini is no longer in charge of the case file —he was replaced in February by Judge Sebastián Casanello—, the decision of the highest court represents a new legal setback for the former head of state, who was recently indicted.
Fernández's defense team tried to remove Ercolini, arguing personal animosity and lack of impartiality. As evidence, they submitted private chats allegedly exchanged between the two from October 2017 to March 2018, before Fernández assumed the presidency. "Ercolini wants me in prison. I'm sure he's biased. He hates me and wants to take revenge," the former president stated in a hearing before the Federal Court of Appeals.
Why the Judiciary dismissed the challenge
Seguros Case: the Supreme Court dismissed Alberto Fernández's challenge | La Derecha Diario
The appeal had been rejected at first instance by Judge Roberto Boico, who considered that the messages submitted as evidence were invalid because they were provided out of time and without sufficient technical support:
The device from which the chats originated was not identified.
The ownership of the phone was not established.
The device was not submitted for forensic examination.
The decision was later upheld by the Court of Cassation and now by the Supreme Court, consolidating the rejection of attempts to remove Ercolini.
The indictment for incompatible negotiations
Seguros Case: The Supreme Court dismissed Alberto Fernández's recusal | La Derecha Diario
The case is now in the hands of Judge Sebastián Casanello, who on July 4 decided to indict Alberto Fernández for negotiations incompatible with public office. In addition, he imposed a multimillion embargo of $14,634,220,283.
The case investigates Decree 823/21, which required ministries and state agencies to contract insurance exclusively with Nación Seguros. The appointment of María Cantero, the former president's private secretary, is also under scrutiny as part of a scheme allegedly intended to benefit businessman Héctor Martínez Sosa, Cantero's partner and commercially linked to Fernández.
According to the ruling, the Casa Rosada allegedly operated as the "business headquarters of the business group of which Fernández was a part," which demonstrates a "conflict of interest."
Casanello also indicted Martínez Sosa and Cantero for their alleged involvement in the scheme.
La Derecha Diario 
