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Senator Kueider's expulsion sparks new controversy in Argentina

“Until they do not transfer power to me, I am vice president,” Villarruel wrote on X

Argentine President Javier Milei insisted from Italy that Thursday's session during which Senator Edgardo Kueider was expelled from the Upper House after being arrested in Paraguay with US$ 200,000 of undeclared cash was not valid because it was chaired by Vice President Victoria Villarruel, who, at that time, was in charge of the Executive. Other analysts shared that view.

In addition, a complaint was filed against Villarruel for breach of duty, it was also reported in Buenos Aires on Friday. It was established that the Vice President, who according to the Constitution, presides over the Senate and replaces the President in his absence, was aware of Milei's trip and could have not discharged any Legislative duties at that time.

“If she presides over a Congress session, she is working in the Legislative Branch but at the same time she is President, albeit interim, of the Nation so she would be holding two offices, and that violates the division of powers,” Milei explained in a radio interview with a Buenos Aires broadcaster. The President also admitted there should be no problem holding a new session because, given the overwhelming majority favoring Kueider's dismissal, the outcome would not change.

Congressman Damián Arabia of former President Mauricio Macri's Propuesta Republicana (PRO) went even further and claimed that Villarruel could have incurred in “usurpation of office.” An X account (“Milei Emperador”) believed by local media to belong to Presidential Advisor Santiago Caputo mentioned that Villarruel committed a “gross breach of his duties.”

This new conflict once again rekindled the rift between Milei and Villarruel. 

Villarruel's secretary Guadalupe Jones was reported to have received a document from Casa Rosada announcing Milei's departure on Thursday at around noon, so it is argued that she should have not been at the Senate. Jones received the message at 8:37 am Tuesday and replied “ok” twice. However, there was no formal ceremony transferring the presidential functions to Villarruel. “Until they do not transfer power to me, I am vice president,” she wrote on X.

Former Senate Provisional President Eduardo Menem explained that any legislator, including Kueider himself, could request the nullity of the session. “It was irregular and can be challenged,” he said. However, Menem also stressed that the decision to expel Kueider, approved by a broad majority that included votes from Kirchnerism, PRO, UCR, and LLA, “must be respected.”

The seasoned lawyer Menem, a brother of former President Carlos Menem and the father of current Lower House Speaker Martín Menem, also recalled that in 1996 then-Senator Eduardo Angeloz was suspended but reinstated after being acquitted. Hence the importance of respecting the Judiciary's times, Menem also noted.

Meanwhile, Macri claimed that the measure against Kueider was an “outrage to the Republic”, in which the institutional processes were skipped, so that “the wild beasts would calm down.”

Kueider's legal team insisted that the Senate should have been chaired by its Provisional President, Senator Bartolomé Abdala of Milei's La Libertad Avanza (LLA). They also pointed out that Kueider was deprived of his right to defend himself before the Constitutional Affairs Committee, which he ironically chaired. Also Friday, Kueider's solicitors filed an injunction citing “irregularities” in their client's dismissal. Kueider is under house arrest in Asunción and Paraguayan prosecutors estimate that the procedure against him could last up to six months.

According to some Buenos Aires political analysts, the current scenario is similar to the one in the early 2000s. Fernando de la Rúa had defeated Eduardo Duhalde in the elections the year before and became President on Dec. 10, 1999. But his running mate Carlos Chacho Álvarez resigned the Vice Presidency on Oct. 6, 2000, amid the “Banelco” scandal involving the alleged bribery of several lawmakers to pass some labor reforms. Argentina's crisis deepened and with no fixed successor De la Rúa was forced to resign. By 2002, Duhalde -who became a Senator in 2001- was appointed President by the Legislative Assembly to fill the vacancy. In other words, as Argentines struggle to make ends meet under Milei's remorseless economic reforms, there is no social unrest because it would at most lead to Villarruel's promotion. Without a Vice President, the opposition would be inclined to stir the masses and favor Milei's impeachment.

According to some political analysts in Buenos Aires, the current scenario is similar to that of the early 2000s. Fernando de la Rúa had defeated Eduardo Duhalde in the previous year's elections and became president on Dec. 10 1999. But his running mate, Carlos Chacho Álvarez, resigned as vice-president on Oct. 6, 2000, amid the “Banelco” scandal, in which several lawmakers were allegedly bribed to pass some labor reforms. Argentina's crisis deepened and, with no successor in place, De la Rúa was forced to resign. In 2002, Duhalde - who had been a senator since 2001 - was appointed president by the Legislative Assembly to fill the vacancy. In other words, as Argentines struggle to make ends meet under Milei's ruthless economic reforms, there is no social unrest because at most it would lead to Villarruel's promotion. Without a Vice President, the opposition would be inclined to stir up the masses and promote Milei's impeachment.

It is suspected that the money that Kueider could not explain to the Paraguayan authorities comes from “compensations” from the libertarian government for approving the so-called Bases Law. Former President Cristina Fernández de Kirchner said it bluntly. (See also: Senator Kueider expelled and Argentine Senator arrested in Paraguay)