The politician convicted of corruption Cristina Kirchner has less and less time, and her political horizon is dissolving. At this moment, her future is in the hands of a single person: a single magistrate. A judge who, ironically, wasn't appointed by her: Carlos Rosenkrantz.
Ricardo Lorenzetti keeps his position without changes. Rosatti would also be inclined to support the conviction in the Vialidad case, although perhaps not at the next meeting on Tuesday. Everything depends on Rosenkrantz, who has the power to tip the balance against Cristina or open a window of opportunity for her by postponing the decision.
Fifteen days ago, the former president confirmed that she will be a candidate in the Third Electoral Section of Buenos Aires province, seeking to secure judicial protection in advance through parliamentary immunity.
The deadline for submitting national lists expires on August 17, and immunity would only be activated after federal judge María Servini officially recognizes the candidates. Too late. For this reason, she chose to run at the provincial level, where the deadlines for closing and officializing candidacies are set in July.
Despite that strategy, the objective could remain out of reach. The Supreme Court is formally composed of five members, but currently only three are in office, since the other two positions remain vacant.
The only way the highest court can issue a ruling is if the three sitting judges agree on the same position. That simple fact is, in reality, the determining factor for Cristina Kirchner's judicial future.
Two of the magistrates, Horacio Rosatti—current president of the Court—and his predecessor, Ricardo Lorenzetti, share the intention to confirm the conviction against the former president.
Although their personal relationship is distant and tense, both agree on the essentials: the ruling that imposes six years in prison shouldn't be modified or reduced, and it should be ratified as soon as possible. The only difference between them is timing: Rosatti would prefer not to rush the decision next Tuesday.
The most direct way to close the case is through Article 280 of the Civil and Commercial Procedural Code. This rule establishes that the Court can reject an extraordinary appeal without further explanation when it considers that there is no relevant federal issue or that the claim lacks importance.
A brief but forceful formula, sufficient to uphold a conviction and, eventually, send someone to prison. Although Rosatti also considers this outcome valid, he isn't willing to execute it immediately.
In clear terms, Rosatti and Lorenzetti have no intention of opening the extraordinary appeal filed by Cristina and the other defendants. Analyzing it would take months. If it is dismissed, the six-year conviction would stand.
