“A kingdom founded on injustice never lasts.” Seneca
The decision of the electoral prosecutor to dismiss (cancel) the case of Pío López Obrador sends the worrying message that it is already legal for anonymous donors to contribute cash to political parties and candidates. It is not what the law says, but the prosecution has endorsed it. Another message is that the idea that José Agustín Ortiz Pinchetti, a respected politician with a long career, could be an independent electoral prosecutor despite his closeness to President López Obrador was false.
The president’s brother never denied receiving the money. In an interview with Political Expansion, he assured that the resource was to “support the movement with the issue of minor expenses, such as gasoline.” It is a confession of part.
The dismissal, on the grounds that there was not “sufficient evidence”, seems like a mockery of a Specialized Prosecutor for Electoral Crimes (FEDE) that in the past acted largely impartially. It is significant, on the other hand, that the institution seeks to blame its decision on an amparo judge: “Even though investigative proceedings were being carried out due to recent public statements by Mr. Pío L., the public ministry of the federation, in strict compliance with what was ordered by the amparo judge, determined not to exercise criminal action due to the lack of sufficient evidence to date and beyond any doubt about the corresponding criminal responsibilities.
I find it curious that the electoral prosecutor’s office affirms that it is having to rush a decision for acts committed in 2015 that were made known in August 2020. In fact, for a year and two months, according to Pío’s defense, the FEDE did not practice any diligence. Pio himself sued the prosecutor to fulfill his responsibility and conclude the matter.
Ortiz Pinchetti declared that the case was actually very simple, but that the president’s brother “terribly confused the matter” by declaring to the media that he did receive money. He apparently wanted Pío to lie, regardless of the fact that the entire country had seen the videos showing him receiving money from David León.
Pío’s case ratifies the account offered by the book El rey del cash by Elena Chávez on the way in which today’s president López Obrador financed his activities in the years in which he was in permanent campaign. Cash contributions were his way of operating. AMLO himself and his collaborators were aware of the illegality of this way of obtaining resources and that is why they warned the operators: “If they discover you, you blame yourself and you remain silent.”
Receiving money is not illegal, Pablo Hernández Romo, Pío’s lawyer, tells me. Maybe. But political parties have an obligation to report all the contributions they obtain. Pío affirms that he received the money for the “movement”, but clarifies that the movement is not the party. If so, however, a huge door is opened for all parties and candidates to receive cash through some “movement.”
Pío’s exoneration is now final, there is no possibility of appeal. The consequences, however, will be very negative for electoral fairness and transparency. It turns out that, despite what the law says, politicians can receive cash contributions, if it is through a “movement.” It is also clear that special prosecutor Ortiz Pinchetti cares more about loyalty to his boss than what the law requires.
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No judge.“If it was found that the public ministry, the judge, acted by slogan or there was influence, that it be reviewed or that a new complaint be filed,” the president said yesterday. It seems that he has not found out that the matter of his brother did not even reach a judge. Prosecutor Ortiz Pinchetti exonerated Pío without filing charges in court.
#waived #envelopes