French Justice Minister sent for trial after allegedly abusing his authority

As a rule of thumb, it is not a good look for government ministers to be seen pursuing vendettas against those who caused them grief in a previous life. 

Éric Dupond-Moretti, the French justice minister, may have cause to reflect on this today as he seeks to deflect a ruling by the Court of Justice of the Republic (a body set up to investigate possible ministerial misconduct) that he should face trial for allegedly trying to get his own back on old opponents who ended up under his control. 

The court’s ruling, which charges him with “conflict of interest,” turns on the suggestion that the minister, formerly one of France’s most aggressive criminal lawyers, used his position to discredit and harass a number of examining magistrates who did not always agree with him when he sought to establish the innocence of his frequently high-profile clients. 

Three magistrates who crossed his path during a case involving former President Nicolas Sarkozy were placed under official investigation by the justice department; another found himself forced to undergo administrative proceedings that could conceivably have ended his career. 

The French judiciary, representing the magistrates, decided not to let the matter lie. They initiated court proceedings, leading to speculation that the minister might have to resign his post. 

In the first case, one of the three magistrates has already been exonerated, with a similar ruling on the other two expected later this month. In the second case, the judge was found to have broken no rules and faces no disciplinary action. The spotlight now turned on the minister. 

Dupond-Moretti responded to the conflict of interest charge by denying everything. He had, he said, at all times followed correct procedure. His legal team immediately launched an appeal, which could have the effect of delaying any trial until next year at the earliest. In the event that the appeal is lost, the accused has reportedly vowed to represent himself, which would surely be a legal first as well as a rich source of courtroom drama. 

Among the piquancies surrounding the case is the fact that if he is still in the cabinet in his present role next summer, Dupont-Moretti may get to choose the lawyer who will lead for the prosecution. The current chief prosecutor, François Molins, is due to retire next June and his successor would normally be appointed by … the minister for justice.  

But we’ll see. 

As a defence lawyer, Dupont-Moretti was formidable. In 2019 alone, he secured 145 acquittals. His clients down the years have included Wikileaks’s Julian Assange; Patrick Balkany, a former minister convicted of tax evasion; footballer Karim Benzema; rogue trader Jérome Kerviel; and Georges Tron, another ex-minister who ended up serving three years in jail for rape. 

But Dupont-Moretti also came willingly to the defence of the poor, including those who had been reviled by the public. One of his most celebrated interventions came in 2004 with l’Affaire d’Outreau, in which seventeen residents of a village in the Pas de Calais were wrongly accused of the multiple sexual abuse of children. Dupond-Moretti, called in late in the proceedings, managed to unravel the prosecution’s evidence and reveal the fact that the accusers had lied and the children involved had not in fact been abused. Several of those charged had spent years on remand in prison; another died in jail. All were acquitted. The case was described by then President Jacques Chirac as a “judicial disaster” and by the media as the Chernobyl of the French legal system.  

A keen hunter and falconer, the justice minister is said to be a favourite of President Macron’s, who appointed him in 2020 despite the fact that he is an avowed left-winger. The Élysée has since reaffirmed it support for the minister, as has rime minister Édith Borne. 

Is it a misdemeanour if magistrates interfere with due process or is it a serious offence? And what if they didn’t do it? Could a minister for justice, if convicted of smearing judges who once stood up to him, expect to remain in office? The trial, if it goes ahead, should reveal all, but given the speed at which justice in such cases tends to move in France, don’t hold your breath.  

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