In a private session, by a majority of five votes, the magistrates of the Electoral Court of the Judicial Power of the Federation (TEPJF) demanded that the Office of the Attorney General of the Republic (FGR) promptly deliver to the National Electoral Institute the information related to the investigation folder underway in the Office of the Specialized Prosecutor for Electoral Crimes (FEDE) for the bundles of money that Pío López received Obrador, brother of the President of the Republic, Andrés Manuel López Obrador.
The INE resorted to the Court because a month had elapsed since it ordered the Prosecutor’s Office to hand over the investigation folder due to the appearance of a video where Pío López Obrador was observed receiving bundles of money from David León, former national coordinator, in 2015. of Civil Protection.
With the vote against the judges Mónica Soto Fregoso and José Luis Vargas Valdez, and in favor of the judges Janine Otálora, Indalfer Infante, Reyes Rodríguez, Felipe de la Mata Pizaña, Alfredo Fuentes Barrera, the Court determined that the incidents of non-compliance judgments presented by the National Electoral Institute (INE) are founded, because it was shown that the Special Prosecutor for Electoral Crimes (FEDE) of the General Prosecutor of the Republic (FGR) has not delivered the information requested by the INE.
On December 22, the Superior Chamber of the TEPJF ordered the FEDE to deliver to the INE the documentation related to various investigation files under its responsibility, since said information is necessary for the INE carry out control processes of the expenses of the political parties.
The INE presented a brief to the Superior Chamber in which it stated that more than 30 days had passed without the FEDE complying with the sentence issued by the Superior Chamber of the TEPJF; therefore, and assuming that the ministerial secrecy does not oppose the power to audit the income and expenses of political parties, the INE asked the TEPJF to rule on the situation.
At the proposal of the magistrate Janine Otálora Malassis and the presiding magistrate Reyes Rodríguez Mondragón, the plenary session of the Superior Chamber of the Court determined that the sentence has not been complied with by the FEDE, since the copies of the requested investigation folders have not been delivered. to the INE.
Given the situation and in order to ensure due compliance with the rulings, the TEPJF resolved to order the FEDE to comply with the main ruling as soon as possible.
It should be noted that the Attorney General’s Office of the Republic promoted before the Supreme Court of Justice of the Nation (SCJN) an action of unconstitutionality in order to avoid giving the INE such information, although the country’s highest court has not yet ruled on the matter.