Statement of the New York City Bar Association on the Mexican President’s Accusations of Treason Toward Attorneys

The President’s remarks were delivered within the context of a discussion of Mexico’s energy supply and the country’s need to develop energy self-sufficiency.[ii] According to reports, although the President’s remarks were initially directed at lawyers representing the farm lobby, his comments also encompassed Mexican lawyers hired to represent companies that oppose the President’s recent energy proposal: “It’s shameful that Mexican lawyers are employed by foreign companies that want to continue to plunder Mexico… hopefully they [the lawyers] will start to internalize that this is treason against the country.” López Obrador’s proposed reform—which was introduced as a bill that passed through the lower house of Mexico’s congress and the Senate on Wednesday, March 3—would prioritize power generation by the State utility company, the Federal Electricity Commission (Comisión Federal de Electricidad or CFE), over buying electricity through auctions.[iii] Lawsuits challenging the new law are expected.  

López Obrador’s remarks accusing lawyers of “treason” are a direct attack on the rule of law, including the independence of lawyers. Article 123 of Mexico’s Federal Penal Code states that treason against the State includes an array of actions that qualify as overt treasonous acts: conspiracy, sedition, and terrorism, among others.[iv] There is nothing in the statute that suggests that providing legal representation to a party adverse to the government’s position would entail treason against the country.  

Furthermore, Article 5 of Mexico’s Constitution stipulates that “no person may be prevented from performing the profession, industry, business or work of [their] choice, provided that it is lawful.”[v] Articles 1, 17 and 123 of Mexico’s Constitution also protect lawyers, foreign individuals and corporations in offering and seeking legal representation. And the United Nations Basic Principles on the Role of Lawyers (1990) obligates governments to ensure that legal practitioners “are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference,” and that they “shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics” (Principle 16).[vi]  For this reason, López Obrador’s baseless accusation of treason against lawyers for engaging in the practice of law is dangerous and runs counter to the UN Basic Principles.

Unsurprisingly, the legal community did not take the President’s recent “treason” comment lightly, with many individuals and professional organizations issuing statements that rebuke his remarks.[vii] The New York City Bar Association commends those who have spoken up and calls upon President López Obrador and his administration to honor their international commitments to the rule of law and to respect the work of lawyers, regardless of whom they represent.[viii]