Lasso’s lawyer to El Comercio: “The president is the natural candidate and would not count as a re-election”

On the night of Tuesday the 16th, after appearing before the National Assembly of Ecuador to defend his “total, evident and unquestionable” innocence during the impeachment trial against him, and to learn that the 92 votes required to remove him would be exceeded, the president William Lasso He had to make a momentous decision.

LOOK: Guillermo Lasso dissolves the National Assembly of Ecuador LIVE: last minute live

While the opposition – made up mostly of correísmo – advanced the accusation for alleged embezzlement in the management of contracts of the state shipping company Flota Petrolera Ecuatoriana (Flopec), Lasso debated inside the Carondelet Palace the path he should take.

During the morning broadcast, the president announced that he would apply the ‘cross death’, a constitutional remedy through which the National Assembly is dissolved and general elections are called to complete the remaining years of the current government.

– What will happen to the process that is followed by the regular judicial channel against President Lasso?

The criminal investigation exists in the Prosecutor’s Office and contains the same arguments that were presented during the impeachment trial. I am the president’s lawyer before the Prosecutor’s Office, the case continues because it is a parallel process. But I am confident that we will soon obtain a file of that investigation because the president is being accused of nonsense.

– What is your main defense argument against these accusations?

There are several, but the most important go through temporality. It is accused that in Flopec oil transport contracts were signed in which embezzlement or embezzlement of resources would have been committed. On the one hand, due to a principle of hierarchy and functions, the president does not take care of all the contracts of all the public companies in the country. But the most important thing is that the contract is from 2018 and there is an addendum that was signed in 2020, the latter is the one on which the alleged existence of a crime of embezzlement revolves. But in that year the acting president was Lenin Moreno; President Lasso took office on May 24, 2021. So, due to an elementary matter of temporality, this accusation cannot be attributed to him.

– The Conaie (Confederation of Indigenous Nationalities of Ecuador) has described President Lasso’s decision as a “self-coup.” What do you respond to that?

The president’s measure is a democratic way out. It is an attribution provided for in the Constitution that authorizes him to dismiss the assembly members and call elections. There was political tension, which is why the president was facing impeachment. Given this, the head of state decides to use this constitutional tool to vent the crisis. Maintaining that there is a coup d’état is like maintaining that what the Assembly was doing was also a coup and it is not like that. They are the legal tools that exist to solve political conflicts. It is an abuse of language to describe it as a coup.

– According to ex-governor Rafael Correa, the decision to cross death is “illegal” because there is “no internal commotion.” Isn’t it ironic considering that this figure was introduced by Correísmo itself in the 2018 Constitution?

Of course, in practice, under the design of our Constitution drawn up by Correísmo itself, it is impossible for the president to be removed from office. The head of state was not going to allow them to remove him, he was going to do what he did, which is the cross death. Furthermore, so many times Correa has challenged him to apply cross death and now he describes it as illegal, that is an act of cynicism.

Encalada is a criminal lawyer. He is a co-founding partner of Grund Abogados LLP. and legal defender of President Lasso during the criminal investigation against him in the Flopec case. (Grund Lawyers/)

– After the signing of the decree, is there no way to reverse this decision?

No. There is no going back because this decision, including the qualification of the cause, does not require a qualification of the National Assembly or the Constitutional Court. In the case of the president, it is enough to be convinced of the existence of a cause. Therefore, today there are no assembly members, the National Assembly exists but its members have ceased their functions. And it has been notified so that elections can be called.

– What deadlines are handled around it?

In seven days, the National Electoral Council must call elections. The first round would take 90 days and the second round in 45 more days. On average, I would say, in about 5 or 6 months we would have a new president or the same president and a new National Assembly.

– You have assured that the president could run for re-election in these new elections.

Yes. But, in fact, this would not be a re-election. Our Constitution only allows one re-election, but this would not be because the term that began in May 2021 will be sought.

– Has the president directly expressed his intention to run?

I think he is the natural candidate. He hasn’t made a public statement on that yet, but it seems to me that he is the logical candidate. What he says is: well, they want to remove me, let’s submit it to the people to resolve it.

– Former President Correa was sentenced in 2020 to 8 years in prison for corruption and disqualified from holding any public office. However, is there any scenario in which he could tempt for the presidency or some way in which he seeks to indirectly rise to power in these new elections?

Correísmo handles two options. The first is the legal route, through a review of the sentence, which is an appeal that can be filed at any time but is very complicated. For example, if there is a conviction for homicide and the victim appears alive. They are extraordinary cases. The second path is political, the former president has openly said that Correísmo seeks to return to power, establish a Constituent Assembly and pardon all crimes.

– A reprieve?

More than that. The pardon pardons your penalty, but he is not only interested in that, but the perpetual ban from holding public office. A pardon is not enough for Correa, he wants to erase the existence of his crime.

Source: Elcomercio