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The survival of the legitimate TSJ

By Luis Manuel Aguana

It is possible that what I am about to say may be misunderstood: I am not so concerned about the fall of the regime as I am about what comes next. The regime will fall sooner rather than later because it is unviable. But it will not fall alone. It also threatens to bring down all the associated collaborationism, to the point that in their attempt to defend the internal corruption that they also have, as the Brazilian Attorney General's Office pointed out with the statements of Odebrecht's manager in Venezuela, they intend to destroy the only legitimate Power that in its short existence has shown more signs of being with the Venezuelan people and fighting for the return of the Rule of Law than any other we have had: the legitimate Supreme Court of Justice in exile.

Hence the statements and pronouncements against the legitimacy of the High Court in exile of the Magistrates who have renounced the legitimate TSJ, considering, according to the words of one of them, "...not to agree" on what he considers "to be unenforceable decisions" (see statements in Spanish by Alejandro Rebolledo, at

A bad time to realize that, even though the "unenforceable decisions" are more an excuse for those who agreed to be sworn in at the OAS headquarters in Washington as the Supreme Court of Justice and held that status outside the country. Did they previously believe that the decisions of that Court would be "enforceable"? These Magistrates did not participate or sign in the historic judgments of the legitimate Supreme Court of Justice, such as the Electoral System judgments of June 13, 2018, or the sentencing of Nicolás Maduro on August 15, 2018. Were those Magistrates in disagreement with those sentences? We don't know because they didn't even sign or save their vote in any of them...The immediate question is to what or to whom do those resignations respond? What is the reason why it is now and not before the resigning Magistrates "discovered" that the sentences of the TSJ-L were "unenforceable"? That is what we Venezuelans have to ask ourselves, not if the TSJ-L is losing legitimacy as a result of the desertion of these characters.

But Dr. José Vicente Haro has already replied several times about the "unenforceable sentences": "They are as executable as the ballots for the release of political prisoners " (see A release ballot for Venezuela, at If they are not enforced, they remain to be plasticized and publicly displayed in the necks of the relatives of political prisoners. It is the Magistrates, the Venezuelans all, those who live and do not live in Venezuela, invested or not with authority, who have the constitutional responsibility (Article 333) to restore constitutional order!

If that is the excuse they give to scape from the responsibility that the people gave them through the National Assembly, and if that is the maturity of the Magistrates who decided to renounce the legitimate TSJ - by them or by someone's orders-, welcome be those resignations. Venezuela requires Venezuelans -not even Magistrates- to truly surrender to the struggle for the institutional rescue of the country, as the Magistrates have shown that if they decided to rigorously fulfill their obligation to perform the work for which they swore. And that, as in that wedge of the credit card, is priceless. That is what the Magistrates who are leaving the hair behind will never understand.

And that's not easy. If these resigning Magistrates were not willing to do that from the beginning then they should have stayed quietly in their professional activities. But they apparently ran for office looking for personal figuration in this waning hour of Venezuela. What a shame! And that is what has not yet been understood. Those who assume responsibilities now have obligations of life with the people of Venezuela. And if there is anyone who hasn't understood it yet, that's not the individual we can count on to get Venezuela out of this very serious hole where we are all. Personally, I think that they should not be trusted in the future, nor should they be entrusted with the post of porter of the Ministry, even if they have all the credentials of the planet, with the forgiveness of the honorable porters.

But what is really important is not that these Magistrates have left, in a vain attempt to dismantle the legitimate Supreme Court, but what lies behind it. The delay in the publication of the final and motivated sentence of Nicolás Maduro Moros for own corruption and capital legitimation is at the center of this debate. There are very important forces that operate by pressuring the High Court so that the final document containing the details of the trial, as well as the order to investigate all those mentioned by the Public Prosecutor's Office in the accumulation of evidence provided by the Brazilian Attorney General's Office, including Henrique Capriles, is delayed to such a point that the legitimate Supreme Court is first dissolved before that sentence is published with that order of investigation. This will be the size of the opposition corruption that prefers that a black and white conviction of the delinquent Maduro not be sent, in all languages and to all countries and police around the world, as long as a case of corruption of his own is not ventilated, leaving a delinquent to continue mounted in the First Magistrate's Office, ending up with Venezuela and walking around the world offending the Venezuelan people.

This attitude of the official opposition would prevent two important points that would favor the forces that operate covertly for the regime and against the TSJ-L: 1) that the TSJ legitimize the designation of a National Emergency Government as we have requested several Venezuelans before that High Court in different appeals, after the motivated publication of Maduro's sentence; and 2) that the Odebrecht scandal be investigated, but this time on the side of the official opposition.

They are already in the preparatory phase to convince Venezuelans to go to an election of city councillors for December and even worse, to lead Venezuelans to vote to measure themselves -again- in a referendum approving a new Constitution, product of the illegitimate Constituent Assembly of the regime. Collaborationism working at full speed on two fronts: 1) abroad, in its eagerness to jointly destroy the legitimate Supreme Court of Justice, which would give benefits to both; and 2) the interior, through electoral continuity with the negotiated imposition of a new Constitution on Venezuelans.

Venezuelans must decide between continuing to believe in those who have allowed this criminal regime to continue or supporting those who are struggling with their nails abroad to give the dictatorship a definitive "stop". Yet the guts of those eagerly awaiting power after Maduro are infinite. They are also taking steps to avoid being left out in the event that the fall of the regime is sudden. And what's coming could be worse if we don't deal with that now, pushing for a decision to force legitimate and constitutional representation of Venezuelans in exile, prior to events leading to the International Community asserting the Responsibility to Protect (R2P) principle to the population of those who are causing death and pain in Venezuela.

You don't have to be a fortune-teller to know that the dinosaurs of traditional politics are playing "hard ball" to avoid losing their power options in the fall of the Maduro regime. It is indispensable that the legitimate TSJ survive the attacks of the regime and its opposition. If the High Court in exile, because of all the bastard interests of the official opposition as an undercover agent of Maduro's regime, fails to publish to the world its definitive reasoned sentence so that in the near future justice will be done, imprisoning Nicolás Maduro Moros in Ramo Verde for 18 years and 3 months for corruption, We will have lost all Venezuelans, not only those who have made a superhuman effort to maintain a light of hope and a front of institutional struggle, but also the possibility of being able to prosecute from exile a National Emergency Government that will lead the least traumatic transition possible.

That is why it is not convenient for those who have done a terrible damage to Venezuela from the official opposition to have a truly independent Supreme Court of Justice taking decisions without the directives of the heads of the parties that manage the National Assembly. The next few days will be crucial for the survival, not only of the legitimate TSJ in exile, but of a possibility, like so many others we have had in the past and that we have wasted to get out of the regime as soon as possible. Let's not allow that to happen again...

Caracas, September 29, 2018


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