Milei Retires Irurzun, Leaving a Key Gap in the Federal Chamber: A New Era Dawns in Comodoro Py

The government of Javier Milei let go of Judge Martín “Doctrina” Irurzun, who turned 75 on July 18. The historic Buenos Aires appellate judge must retire because the president decided not to extend his term for another five years, as he did with Carlos “Coco” Mahiques, the father of current Justice Minister Juan Bautista Mahiques.

Irurzun is the creator of the “Residual Power Theory,” which during the Macri administration allowed preventive detention of Kirchnerist leaders. Despite his intention to remain in office, he filed a precautionary measure with the Supreme Court, but the court’s president, Horacio Rosatti, refused to open the recess to hear it.

Irurzun’s departure, urged by the Executive, opens a new vacancy in the strategic Buenos Aires Federal Chamber, the appellate court of Comodoro Py. There, the government prepares to appoint two other “sympathetic” judges. Half of one of the key instances of the federal courts in Retiro will be renewed.

This Monday, a formal note from the government entered the Council of the Judiciary, informing that Irurzun’s tenure would not be renewed. The person responsible for communicating the cessation was the Director of Relations with the Judiciary of the Ministry of Justice, Lucas Somigliana, who wrote to Rosatti: “I am pleased to address you regarding the referenced file, through which the submission of Dr. Martín Irurzun is processed.” He adds that “the magistrate reached the age of 75 on July 18 and that the National Executive Branch has not submitted the proposal for his new appointment to the Senate.” And he closes: “Consequently, since the definitive vacancy in the position has occurred, I request that you take appropriate measures to conduct the corresponding competition.”

That same Monday, Rosatti from the Supreme Court refused to open the recess to hear Irurzun’s precautionary measure. “The request by which the Court is asked to authorize the judicial recess does not sufficiently justify the application of Article 4 of the Regulations for the National Justice, therefore it must be denied,” signed Rosatti, who is on recess.

Following this note and the Court’s rejection, the Council of the Judiciary will initiate a competition to cover the new vacancy left by Irurzun.

Who is Martín “Doctrina” Irurzun and why is his departure relevant? He is a historic Buenos Aires appellate judge who commanded the appellate court of Comodoro Py for years and was a battering ram of lawfare. From a judicial family, he entered the courts in 1972 and reached the Federal Chamber in 1994. With close ties to Supreme Court judge Ricardo Lorenzetti, he was the creator during the Macri administration of the residual power theory, also known as the “Irurzun Doctrine,” which allowed the persecution of Kirchnerist leaders under the pretext that they still held power and could be preventively detained.

With the arrival of Juan Bautista Mahiques at the Ministry of Justice, the sector of Lorenzetti and Irurzun lost influence. That explains the fall from grace of someone who once commanded the Buenos Aires Federal Chamber for years.

The vacancy left by Irurzun adds to two others that Milei and Mahiques are about to fill. These are three positions out of six in the appellate court of Comodoro Py. The other two judges that the government is about to appoint definitively are Pablo Yadarola and Pablo Bertuzzi, both linked to Mahiques. Both were included in the shortlists from the Council of the Judiciary competition and were proposed by Milei and Mahiques to replace two judges that Mauricio Macri appointed irregularly. Their nominations have already been sent to the Senate.

Yadarola is a judge in economic criminal matters and was part of the trip to Lago Escondido financed by two executives of Grupo Clarín, which also included the current Minister of Justice. Bertuzzi, for his part, is one of those who had to be replaced for being irregularly appointed by Macri. To remain in office, he competed for the same seat he reached irregularly. Although he was far from the top positions in the merit order for not having passed a good exam, he managed to rise in the interviews from 21st to 6th place, which allowed him to enter the last spot on the two shortlists.

Mahiques was key to Bertuzzi’s irregular transfer to the Buenos Aires chamber during the Macri administration. At that time, the current Minister of Justice was one of Macri’s operators in the courts and represented the Executive in the Council of the Judiciary. He was part of the operation that brought Leopoldo Bruglia and Bertuzzi to the appellate instance of Comodoro Py, from where the judicial persecution of opponents was promoted.

Now, if the Senate approves the nominations of Yadarola and Bertuzzi, both will be able to remain in office until retirement, that is, until age 75. Additionally, they could intervene in the $LIBRA case. Yadarola and Bertuzzi were proposed to join Chamber I, which today is composed of Mariano Llorens, Leopoldo Bruglia, and Bertuzzi himself. Chamber II consists of Eduardo Farah and Roberto Boico (former lawyer of CFK). Irurzun was there, who ended up retired by Milei. With his removal, a new vacancy opens that the Milei-Mahiques duo will try to fill in the short term.