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The

(Fundesplai) has presented an incident of recusal against the magistrate

, the new member of the

of the

of the Supreme Court, in charge of resolving the appeals against the pardons granted to the leaders of the

.

Huerta is the conservative magistrate who has become part of the Fifth Section with the departure of the progressive judge

to the

.

The reason for the challenge is that she was vice president of the

in the period between 2019 and June 2020, when this body excluded from the lists for the 2019 elections the Congress of Deputies and the Senate those already convicted. Jordi Turull, Josep Rull and Joaquim Forn, among others.

From Fundesplai they argue that since "at the time this issue was resolved" by the JEC "it had to go into the depths of the criminal execution process" they understand that there may be "possible contamination" by the magistrate to resolve now an issue relating to clemency measures.

The Catalanist foundation appeals to article 219.8 of the

(LOPJ) to request that its request to remove Inés Huerta from the pardon room be accepted.

Court sources consulted by

, explain that it is highly likely that the challenge presented by the Catalanist foundation will prosper in accordance with the consolidated jurisprudence of the Supreme Court on this matter.

However, the processing of this challenge will delay the resolution on the appeals for reconsideration and, consequently, will cause the composition of the court that must resolve them (against the Supreme Court's refusal to review the clemency measures) to change again .

The reason is that on the 15th the president of the Chamber, the progressive magistrate

will assume the presidency of the Fifth Section

.

Menéndez, who wanted to retire having resolved the issue of pardons, will not be able to do so since the recusal incident will not be resolved until after Easter.

In addition, the departure of the current president means that the progressive magistrate

a member of the court, as approved by the Government Chamber of the TS.

With this new composition, the Chamber that will resolve the reversal appeals against the Supreme Court's refusal to review the pardons of 1-O will now have a majority of conservative judges.

Its members will finally be the magistrates Herrero, Arozamena, Huerta,

and

;

these last two signatories of the particular vote in favor of the admission of the resources.

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