November 6, 2023 marks the opening of the trial of Éric Dupond-Moretti, Keeper of the Seals, before the Court of Justice of the Republic (CJR). This is an unprecedented event in French judicial history, where a serving Minister of Justice is called to answer to accusations before this specific body.
Context of an extraordinary affair
The CJR looks at facts dating back to July 2020, when Dupond-Moretti, then a renowned lawyer, joined the government of Jean Castex. His appointment immediately sparked controversy, particularly because of his previous altercations with the National Financial Prosecutor’s Office (PNF).
The origins of the affair
The case at the heart of this trial has its roots in a series of events and tensions which preceded the appointment of Éric Dupond-Moretti to the post of Minister of Justice.
The search for a “mole”
- In 2014, the National Financial Prosecutor’s Office (PNF) launched an investigation to identify a possible internal leak. This “mole” would have informed former President Nicolas Sarkozy that he was being tapped in the context of the so-called “Bismuth” affair, where he was accused of corruption and influence peddling.
- As part of this investigation, the PNF examined the “fadettes”, that is to say the detailed telephone records, of various lawyers, including that of Éric Dupond-Moretti. The objective was to trace communications to locate the leak.
The “fadettes” and the complaint against the PNF
- The revelation that Dupond-Moretti’s telephone records had been scrutinized by the PNF was perceived as an intrusion into private life by the lawyer. As a result, he filed a complaint against the PNF, accusing the organization of excess of power and intrusive investigation methods.
- This complaint was withdrawn shortly after his appointment as Minister of Justice, a decision which was interpreted by some as an attempt to ease tensions with the PNF.
Taking office and administrative investigations
- When Dupond-Moretti became Minister of Justice, he immediately ordered administrative investigations into the three PNF magistrates who had led the investigation into the “fadettes”. This action was seen by some as a form of retaliation, given his earlier complaint.
- At the same time, an investigation was opened against judge Edouard Levrault, known for having indicted a former client of Dupond-Moretti. This move added to controversy, with some seeing it as a clear conflict of interest.
These elements constituted the ground on which the accusations of illegal taking of interests germinated, leading to the current trial. The CJR, seized by complaints from magistrates’ unions and the Anticor association, therefore decided to indict the minister, paving the way for this historic trial.
Trial issues
The trial, which takes place from November 6 to 17, is closely scrutinized by both the legal and political world. The outcome of this case could redefine the contours of ministerial immunity and the relations between the executive power and the judiciary.
Expected repercussions
- The verdict could influence Dupond-Moretti’s political career.
- It raises questions about the independence of the judiciary and the handling of conflicts of interest within government.
This historic trial is in some ways a test for French justice, faced with the delicate task of trying one of its highest representatives.
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