France’s Justice Minister Goes on Trial, Accused of Abusing His Power

Published: November 08, 2023

Even in France, the place political corruption circumstances abound, it was a sight to behold: the nation’s justice minister standing alone earlier than two rows of judges in an historical, wood-paneled courtroom to defend himself over accusations about his personal use — or abuse — of energy.

Though he made his title in France as a combative legal protection lawyer who may ravage witnesses or juries, Justice Minister Éric Dupond-Moretti offered himself on Tuesday because the polar reverse — a brand new minister deeply honored by the duty bestowed upon him, who was studying the ropes, following recommendation and dealing arduous, and whose sole, preoccupying intention was to reach the job. Not, he mentioned with flourish, “with foam on my lips,” hoping to take revenge.

The case is the primary time a sitting minister has confronted trial earlier than a particular courtroom for alleged crimes linked to their official duties. If he’s discovered responsible, it is going to show a blow to President Emmanuel Macron, who rose to energy on a promise to tighten moral requirements in French politics.

But what makes it much more distinctive is that, as justice minister, Mr. Dupond-Moretti is being tried within the system he continues to supervise. Many of the greater than 20 witnesses on the docket to testify over the 10-day trial, which opened on Monday, are sitting judges or prime authorized officers who in concept, ought to finally reply to him.

Among the assigned judges are political rivals from opposition events, dressed for the event in black robes and white ruffled collars, sitting beneath the golden chandeliers within the very courtroom the place Philippe Pétain, the French president who collaborated with Nazi regime throughout World War II, was tried and condemned for treason some eight many years in the past.

The expenses towards Mr. Dupond-Moretti aren’t almost of that order.

They contain two separate incidents, relationship from quickly after his appointment as justice minister in July 2020. His appointment itself was deemed “a declaration of war against the judiciary,” as he “despises judges” and “does not hesitate to insult them,” the president of the nation’s greatest union of judges declared on nationwide radio on the time.

In one case, Mr. Dupond-Moretti launched a disciplinary inquiry into three magistrates of the nationwide monetary prosecutor’s workplace who had ordered the police to pore over his telephone data when he was nonetheless a lawyer as they looked for the id of a potential mole in a case involving former President Nicolas Sarkozy.

Though a judicial overview had already cleared the magistrates of any wrongdoing, Mr. Dupond-Moretti’s workplace launched a brand new investigation.

In the second incident, Mr. Dupond-Moretti started administrative proceedings towards a decide, Édouard Levrault, who had investigated one in all his former purchasers. In that case, too, Mr. Levrault was finally cleared of any disciplinary breach.

“Even if these judges weren’t good judges — maybe they didn’t work well, maybe they should have been sanctioned — that’s not the problem,” mentioned Paul Cassia, vice-president of Anticor, a nonprofit anticorruption affiliation that lodged a criticism to set off the courtroom case, together with three judges unions. “The problem is a minister can’t use his authority in a matter that involves his personal interest.”

Standing alone at a glass podium set within the palm of the room, surrounded by rows of judges and spectators, Mr. Dupond-Moretti argued on Tuesday that he was following the recommendation of his workplace on recordsdata he had inherited from his predecessor.

If discovered responsible, he may face 5 years’ imprisonment and a nice of half one million euros. He is also barred from public workplace.

Few, nevertheless, anticipate that to occur.

The courtroom listening to the case, referred to as the Court of Justice of the Republic, was specifically created in 1993 to attempt authorities cupboard members for offenses they’re alleged to have dedicated whereas finishing up their official roles.

Since then, it has sat for lower than a dozen circumstances. Made up of three skilled judges, and 12 lawmakers — half from the Senate, half from the National Assembly — the courtroom has lengthy been criticized for each being too politically partisan and too lenient towards fellow politicians.

It has by no means sentenced somebody to jail, and sometimes waved even suspended sentences.

In one well-known instance, the courtroom acquitted former Interior Minister Charles Pasqua in two damning circumstances of embezzlement, one involving a Corsican on line casino license he’d granted to associates in change for financing his political actions. It did discover the previous minister-turned-senator complicit within the misuse of company funds in reference to a government-backed firm that exported police gear, however in mild of his age and the service he’d rendered to his nation, gave him a one-year suspended sentence.

Meanwhile, one of many males granted the on line casino license was convicted by one other courtroom and sentenced to 4 years’ imprisonment, two of which had been suspended, and a nice of 150,000 euros.

“The jurisdiction is very political because it will take into account factors that ordinary courts do not take into account,” mentioned Cécile Guérin-Bargues, writer of “Trying Politicians? The Court of Justice of the Republic.”

The specter of parliamentarians taking a vow of objectivity and donning black robes to guage a sitting minister in their very own occasion, or one who they sparred with politically, has additionally raised fierce criticism within the nation for years.

“A judge shouldn’t be biased against the person they are judging, and that’s the case — the 12 parliamentarians are biased,” mentioned Mr. Cassia, who can be a legislation professor at Université Paris 1. “Whatever verdict they deliver, they will be deemed biased for or against Dupond-Moretti. That’s not good.”

While it isn’t constitutionally required, typically the place politicians are charged criminally, they step down through the course of. Mr. Dupond-Moretti has refused to observe swimsuit, and the federal government has backed that call, even renaming him to his highly effective publish after a cupboard shuffle final July, lengthy after the authorized process had began.

“The image of justice won’t improve from this process, nor will the image of politics,” mentioned Ms. Guérin-Bargues. “No one will win.”

The case has already been embarrassing for President Macron, who promised up to now to cast off the specialised courtroom.

Gendarmes searched the Ministry of Justice places of work on the elegant Place Vendôme, and former Prime Minister Jean Castex is predicted to take the stand.

Not recognized for his restraint, Mr. Dupond-Moretti has declared the case a malicious try by vengeful judges unions to humiliate him and push him to resign.

“I feel I have been abused,” he advised the courtroom on Tuesday.

Mr. Dupond-Moretti was often called a swashbuckling legal lawyer who received scores of acquittals however who additionally intimidated witnesses and even judges.

Among the lengthy record of purchasers he has defended are Jérôme Kerviel, the rogue dealer who almost introduced down a prime French financial institution; Karim Benzema, a star soccer participant; and Abdelkader Merah, whose brother Mohammed killed three French paratroopers, a rabbi and three kids at a Jewish faculty in southwestern France in 2012.

To say he loves the highlight can be an understatement. In 2019, the 12 months earlier than he was tapped as minister, Mr. Dupond-Moretti appeared on a Parisian stage in a one-man play about his life.

He additionally revels in confrontation. In March, throughout a public session within the National Assembly, the place ministers reply to parliamentarians’ questions from the entrance rows, Mr. Dupond-Moretti famously flipped an opposition lawmaker the finger.

Juliette Guéron-Gabrielle and Aurelien Breeden contributed analysis.

Source web site: www.nytimes.com