The decision of the Special Prosecutor for Electoral Crimes (FEDE) not to pursue criminal action against Pío López Obrador , for the videos in which he appears receiving money from David León Romero, does not imply the closure of the case by the National Electoral Institute ( INE ), assured the counselor Adriana Favela.
“We legally need to know the determination reached by the Prosecutor’s Office; For example, if they did an exhaustive investigation and concluded that this money did not enter Morena, its organization or any campaign and there are no elements (to continue with the investigations), we would have to reach the same conclusion, “he said.
In an interview with Political Expansión , the electoral counselor pointed out that regardless of whether or not the ministerial authorities have carried out an exhaustive investigation, they must continue with the case.
“We would have to see (at the INE) the cause or reasons why the investigation was closed to say that there were no longer elements to continue with the investigations of not being linked to the process against Pío López Obrador,” he valued.
Just this Monday, October 24, the Prosecutor’s Office (FEDE) decided to file and not exercise and David León, by determining that they did not commit any electoral crime, based on the publication of videos recorded in 2015, where both appear delivering and receiving envelopes with cash.
After that ruling, the counselor explained that currently the INE does not know the basis for that decision.
“So far, we do not know the reason why the Prosecutor’s Office decided not to continue with the investigation, but what has been declared is that allegedly the money he received went to an organization, not to a political party,” he explained. .
Therefore, the INE would have to investigate whether that organization has any links with a political party and what was the final destination of the resources received by President López Obrador’s brother.
Regarding the case, the agent of the public ministry in charge of the investigation, Héctor Sánchez Zaldívar, decided to determine the Non-Exercise of Criminal Action in the Investigation folder to comply with the order issued by the seventh district judge in matters of amparo, who had given him 60 calendar days to decide whether or not to prosecute the investigation folder, a period that had already ended.
The decision was celebrated by President López Obrador in his morning conference in which he also said that he had nothing to do with the FGR’s decision.
“If the legal procedure is wrong, let it be reviewed, if it was found that the Public Ministry or the judge acted by slogan or there was influence, let it be reviewed or a new complaint filed,” the president stated.
This Wednesday, the senator of the PAN, Xóchitl Gálvez, anticipated that she will present a new complaint against the brother of President López Obrador.
Pío López Obrador delivered folders to the INE
Regarding the information that the INE has, the counselor recalled that on August 26, Pío López Obrador delivered the investigation folder against him to the Electoral Office, which was turned over to the Technical Control Unit (UTF) of the Institute itself. for its corresponding analysis, “safeguarding the content of information related to ongoing investigations.”
Favela Herrera indicated that Pío López himself delivered the folders after the FEDE decided not to deliver that information to the electoral body, as ordered by the Electoral Tribunal of the Judicial Power of the Federation (TEPJF).
The decision was made after the Superior Chamber concluded that the ministerial secret is not opposable to the supervisory powers of the INE.
“Although the electoral administrative authority has broad powers to obtain the information and documentation necessary for the resolution of oversight matters, these cannot be automatically opposed to the secrecy that is constitutionally and legally required to be maintained by other authorities. authorities, as in the case of the folders substantiated by the ministerial authorities”, concluded the Federal Court.
The case of Pío López Obrador was reactivated after three months ago he gave an interview to , where he accepted that in 2015 he received “contributions for the movement” from David León, statements that the FEDE considered evidence for alleged electoral crimes.
The counselor and specialist in constitutional law stressed that the INE needs the FGR to deliver the information on the resolution, for them to proceed accordingly.
“The investigations to which he arrived and us (at the INE), see the considerations that they took into account for the non-exercise of criminal action,” he detailed.
He assured that in case the FGR does not send the files, they will send him the request to be able to continue with the case of the president’s brother.
The matter is in the hands of the Technical Control Unit and at the time the results will be announced to the directors.
