Éric Dupond-Moretti had warned. “As a litigant, like everyone else, I have lawyers who will assert my rights”, declared the Minister of Justice on July 19, a few days after his indictment for illegal taking of interest. It is now done. The lawyers of the Keeper of the Seals have filed with the Court of Justice of the Republic (CJR) a request for nullity of his indictment, we learned Monday from a judicial source.
This request, filed on September 7, must be examined in mid-October by the commission of instruction of the CJR, the only court authorized to prosecute and judge members of the government for crimes and offenses committed “in the exercise of their functions “Said the same source, confirming information from Figaro.
On July 16, after six hours of questioning before the CJR, Éric Dupond-Moretti was indicted, a first for a practicing Minister of Justice. There was then talk of a reshuffle. Emmanuel Macron decided otherwise, keeping him in his post. “My legitimacy, I get it from the President of the Republic and the Prime Minister. I am more than ever determined to be fully Minister of Justice (…), I am extremely calm, ”he said, a few days after this indictment.
At the intersection of two cases
The Keeper of the Seals is suspected of having taken advantage of his position to settle accounts with magistrates with whom he had had trouble when he was a lawyer. The latter, supported by the Anticor anti-corruption association, denounced situations of conflict of interest in two cases.
The first concerns the administrative investigation ordered in September 2020 by the Keeper of the Seals against three magistrates of the National Financial Prosecutor’s Office (PNF) who had his detailed telephone records (“fadettes”) peeled when he was still a star in the courtrooms.
The PNF was then seeking to flush out a “mole” who had been able to inform Nicolas Sarkozy and his adviser Thierry Herzog – a friend of Éric Dupond-Moretti – that they were being wiretapped in the so-called “Bismuth” corruption case, which earned in March a historic condemnation of the former head of state.
Then vilifying the “barbouze methods” of the anti-corruption prosecution, Éric Dupond-Moretti had filed a complaint, before withdrawing it on the evening of his appointment as Keeper of the Seals, July 6, 2020.
In the second case, he is accused of having instituted administrative proceedings against a former investigating judge seconded to Monaco, Édouard Levrault, who had indicted one of his ex-clients and whose methods he had criticized ” cowboy”.
Éric Dupond-Moretti has always defended himself from any illegal taking of interests, hammering that he had only “Followed the recommendations” of his administration.
“Before contacting the General Inspectorate of Justice, I consulted my services and in particular the judicial services ethics office” which “asked me to contact the General Inspectorate of Justice, which I done,” he insisted on July 19.