Tribune. Unsurprisingly, Eric Dupond-Moretti, current Keeper of the Seals, was indicted on Friday July 16 by the Court of Justice of the Republic (CJR) for illegal taking of interests due to acts committed in the exercise of its functions. The media tend rather to present the case as if the current minister were the “bad” governor who would go after the “good” magistrates by having them lead – that is to say, members of the National Prosecutor’s Office. financial (PNF) – administrative inquiries, or by instituting disciplinary proceedings in order to achieve some sort of personal revenge. According to this common version, the current minister would find himself caught in a conflict of interest, the criminal translation of which would be the illegal taking of interests. This thesis has just been endorsed by the investigative committee of the CJR.
In reality, we can read the facts in the opposite way, which is what we are going to do here. While still a lawyer, Mr. Dupond-Moretti was the subject of “espionage” by the PNF for the sole reason that he was the colleague and friend of Nicolas Sarkozy’s lawyer . Obsessed with the idea of finding the “mole” who would have informed the former President of the Republic that he was being heard in the “Bismuth” affair, the PNF magistrates decided to look for the phone calls (by means of fadettes) given by all the friends or fellow lawyers of Mr.e Herzog.
The lawyers were indeed “spied on” for a case to which they were totally foreign. The report of the General Inspectorate of Justice has certainly not concluded that the proceedings against these lawyers are illegal, but has enumerated an impressive series of dysfunctions on the part of the PNF whose image does not emerge. such a report.
Victim of excessive zeal on the part of certain magistrates
Should we remember that, in a state governed by the rule of law, even if one is a magistrate, one does not spy on lawyers, with very specific exceptions? This contempt for the rights of lawyers by certain magistrates says a lot about the situation in France with regard to the rights of the defense and the legal profession.
It emerges from such a reading of the facts that Mr. Dupond-Moretti, as well as all the other lawyers, was the victim of an excessive zeal of certain magistrates. But, unlike other lawyers, he dared to file a complaint against such acts. It was only later that he was appointed minister. We do not see why he would have refused to be Keeper of the Seals on the sole ground of this dispute with the National Financial Prosecutor’s Office or why a lawyer could not become the Keeper of the Seals. Robert Badinter was, why not M. Dupond-Moretti?
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