Milei suffers split in his party over judge nomination row

President Javier Milei’s ruling party suffered a split at the very top of its power structure this week as fault-lines emerged over the Executive's nomination – and controversial withdrawal – of a court secretary for a judicial vacancy.

The controversial judicial nomination of María Verónica Michelli, vetoed by the Executive Branch this week after initial approval, prompted one of President Milei’s top figures to publicly voice her discontent at an attempt to drop the secretary’s candidacy over her familial links to a journalist known for investigating corruption involving government officials.

After a week of turmoil in the ruling party, on Thursday Michelli’s nomination eventually received a green light in the Senate when, following tense negotiations, La Libertad Avanza caucus chief Patricia Bullrich reached agreement with the opposition coalition to debate a total 74 nominations on the house floor, including Michelli.

The Senate then proceeded to approve Michelli’s nomination with 44 votes in favour, 18 against and two abstentions – including Bullrich herself, pleading "objections of conscience" while reluctant to vote against her own caucus.

The participation of the Kirchnerite caucus, headed by Senator Anabel Fernández Sagasti (Unión por la Patria-Mendoza), was key to unblocking the agreement although support was not unanimous. The Peronists backed most of the judicial nominations but rejected those of Emilio Rosatti, the son of Supreme Court Chief Justice Horacio Rosatti, and María Julia Sosa (linked to federal judge Julián Ercolini).

This was the last word on the issue since the approval of judicial appointments is exclusively a Senate prerogative, with the lower house Chamber of Deputies having no say in the matter.

The agreement thus installed a forceful political message in a session marked by verbal clashes and the absence of Vice-President Victoria Villarruel, claiming health problems.

Eye of the storm
Michelli, unknown publicly prior to last week, was at the epicentre of Thursday’s storm when the Senate decided to defy the government’s withdrawal of her nomination.

A La Plata University law graduate with a Spanish masters degree in criminal law, Michelli has worked in the Judicial Branch for over 30 years, starting at the La Plata Electoral Court in 1994 and secretary of the Federal Appeals Court No. 1 in La Plata since 2009. She has also co-authored the book Camino al andar, seeking to add gender perspectives to jurisprudence.

Having previously nominated her, the government had no technical grounds for their veto, which was based on her being the sister-in-law of Hugo Alconada Mon, the La Nación journalist specialising in corruption exposés. 

The veto has led to a lawsuit for presumed discrimination, which is now being investigated by a federal court.

At the start of the week Bullrich confirmed that she had informed President Milei of her disagreement with the withdrawal of Michelli’s nomination, after having taken issue with government decisions on other occasions beforehand (including pressuring Cabinet Chief Manuel Adorni to explain his assets which are now under investigation). The next day she offered her resignation as Senate caucus chief for La Libertad Avanza, which Milei did not accept.

But Bullrich was at pains both to recognise the presidential right to withdraw judicial nominations and to underline her support for the libertarian government, saying: "I am part of this project and support with conviction the historic transformation being driven by President Javier Milei to end decades of economic decadence.” But she refused to see disagreement over one point as a sign of political weakness, arguing that internal discussion only enriched a political coalition.

On Wednesday Milei expressed support in public for the withdrawal of Michelli’s judicial nomination by reposting a message on X social network underlining presidential prerogatives in the matter.

President Milei chose to turn a blind eye to the Michelli rebuff on Thursday, celebrating together with Justice Minister Juan Bautista Mahiques the approval of 74 judicial nominations in the Senate as "the beginning of the reconstruction of justice."

"This is a real triumph for the citizenry which needs the courts to work. The approval of 74 nominations, after over eight years of paralysis, is a collective achievement," commented Mahiques in a post on X.

Facing tension with the libertarian hardliners in her Senate caucus, Bullrich moved to tone down the tensions by meeting up with Presidential Chief-of-Staff Karina Milei on Wednesday after having joined her in a photo op the previous day. 

Following the meeting, Bullrich published the message on X: "Meeting with Karina, always working together for the transformation led by President Milei."

– TIMES/PERFIL/NA