President Andrés Manuel López Obrador accused magistrate Janine Otálora of acting in a “partial and illegal” way, following presenting a project in which he proposes that the Electoral Tribunal disapply the so-called plan B article who ordered the immediate cessation of the now former executive secretary of the INE Edmundo Jacoboconsidering that it goes once morest the Constitution.
After what MILLENNIUM revealed this project, ePresident López Obrador through his legal counsel, demanded the Electoral Tribunal of the Federal Judiciarywhat Judge Otálora does not participate in the vote on the mattertoconsidering that following the proposal was made public, due process is being violated.
Although the President is not part of this challenge, since it is an electoral trial filed by the INE and by Edmundo Jacobo himself once morest the laws promulgated by the Congress of the Union, Lopez Obrador He entered the discussion demanding the magistrate’s veto.
In the request for an excuse in the possession of this medium, María Estela Ríos González, legal advisor to the Federal Executive, representing the President He presented an impediment incident for the magistrate to refrain from participating in the resolution of the trial.
The legal advisor stated as the basis of her request that “MILLENNIUM published the note titled ‘Magistrada proposes not to apply the dismissal of the executive secretary of the INE’ and it was replicated by other media outlets”, for which reason it alleges that, by making it public, the principle of impartiality is violated.
Despite the fact that the project was not disseminated by Otálora nor was any evidence presented to prove it, the representative of the Executive Branch accuses her of acting “partially and illegally” following making known “directly or indirectly her position as rapporteur magistrate before public opinion.”
The letter addressed to the presiding magistrate of the electoral TribunalReyes Rodríguez Mondragón, ends by noting that “if the contrary is considered, it might be understood that the court acts partially and arbitrarily, which would violate the rule of law and would cast doubt on the legitimacy of said court.”
In the morning, President He was questioned on the subject, who pointed out that he was not surprised because “that court has twisted the law as it wanted”, and gave as an example when they withdrew the records of Morena’s candidacies in Guerrero and Michoacán following failing to comply with the inspection regulations, but that Lopez Obrador considered that there were no legal grounds, but that it was by slogan.
“It does not surprise me because it is part of the same, it is the same group, the only thing that would make it clear, once once more, is that they are very ambitious, especially this man (Edmund James) who was there for 30 years, 14 and 15 years earning a fortune; It reminds me of that famous phrase from the picaresque Mexican politics of other times, it was said ‘living outside the budget is living in error’”.
However, the President’s requestIt had its first effect by delaying the vote on the project, which was disseminated prior to this Wednesday’s session, despite the fact that Judge Otálora circulated it with little advance notice.
MILLENNIUM confirmed that the Superior Chamber agreed to postpone it, because even if it were voted on Wednesday, a divided result might be generated, since only four magistracies will be in the public session. First, because Otálora herself is on a mission with the Venice Commission and would not be in the discussion of her proposal; Mónica Soto will be at a gender event outside the country within the framework of March 8 and Felipe Fuentes is on vacation.
With this postponement, Edmundo Jacobo will continue to be dismissed from the Executive Secretariat of theINE at least for one more week, when what might be, the first official setback, will take place, al Plan B from electoral reform. And it will be in the next session, when the magistracies vote on whether or not the magistrate can participate in the resolution of her own project.
The sentence proposal, “orders to not apply the seventeenth transitory article of the decree (…) since it is a private norm and to influence the autonomy of the constitutional body and the constitutional powers of the General Council of theNational Electoral Institute.
“The Constitution expressly establishes that the head of the Executive Secretariat of the National Electoral Institute It will be appointed with the vote of two thirds of the General Council at the proposal of its presidency. Consequently, the Congress of the Union cannot determine in a transitory law, that “it will cease in its functions” nor establish parameters for the national administrative authority to make a new designation”.
Janine Otálora explains that laws must be general, abstract, impersonal and current; which is not the case of the order to dismiss the Executive Secretary, since “it is an individualized norm, since it orders the dismissal of the secretary and once this public servant is dismissed, it loses its validity since it cannot be applied once more in the future account”, in addition to the fact that by imposing on the INE a date to appoint a new Executive Secretary in May 2023, ignores the autonomy and power of appointment that falls on the General advice.
FR
