Trial of Eric Dupond-Moretti for ‘Illegal Taking of Interests’ Before the CJR

At least the abscess is burst. It’s been three years since Eric Dupond-Moretti and François Molins faced each other. One as Keeper of the Seals referred by the Court of Justice of the Republic (CJR). The other as former attorney general at the Court of Cassation and, as such, master of prosecutions before the exceptional jurisdiction – the minister’s lawyers have contested the role of the magistrate a thousand times. François Molins, 1^is July, retired, letting them continue and therefore leading to this unprecedented trial under the V^e Republic.

The battle between these two great beasts evolving in diametrically opposed registers has become fierce. So passionate that the dozens of people who are queuing this Thursday, November 9 in front of the CJR courtroom are convinced that they are coming to witness the final assaults between the one who was the high magistrate most identified by the French and the former lawyer and illustrious Minister of Justice, now serving Prime Minister to appear before the court. The crowd is not mistaken on one point: this is their first public confrontation, everyone in their place. Things will be said. Only, one is a witness; the other, accused.

“I would like to provide some indication of my status today, announcement of a rapid delivery François Molins arriving at the bar. I’m not here to make the accusation. I did it for three and a half years. Today, I am not accused of anything. The defendant is Eric Dupond-Moretti. I didn’t come to settle scores. I was a Paris public prosecutor in complicated circumstances [pendant les attentats de 2015]. I have worked with three Presidents of the Republic, five Ministers of Justice. I have never had a problem with politics. »

“I never aspired to be Keeper of the Seals”

François Molins knows that, for three years, accusations have been against him. He has them “bad experiences”, he admits. It was said that he had made the accusation against Eric Dupond-Moretti because he “would have wanted to be a minister instead of the minister” current. He was unable to respond while in office. Now retired, he can.

“I never aspired to be Keeper of the Seals”he swears, revealing all the same that the subject was raised only once, during a lunch at the Elysée, on May 29, 2020, with the justice advisor to the President of the Republic. “Francois, wouldn’t you be interested in the post of Keeper of the Seals? »Hélène Davo would have told him. “You’re joking, Helene. I am a magistrate and not a politician. I know parliamentarians [qui seraient meilleurs que moi] »would have replied François Molins.

A few weeks later, on July 6, 2020, Eric Dupond-Moretti was appointed to Place Vendôme. “His divisive personality was not a sign of appeasement for the judiciary”slips today François Molins who knows, at the time, since everyone is talking about it, that the lawyer expressed his anger after the dark affair of the fadettes in which he was monitored like several other criminal lawyers.

The great magistrate at the end of his career and the great lawyer who is just beginning to shed his shell to become Keeper of the Seals do not really have the time to get to know each other. The fate of the magistrates of the National Financial Prosecutor’s Office (PNF) highlighted by a first inspection report must be resolved: should they be sent to the disciplinary court? To the Superior Council of Magistracy (CSM)?

Backstab

François Molins is attorney general at the Court of Cassation and therefore president of the CSM for public prosecutors, when the minister’s chief of staff, Véronique Malbec, calls him… The furtive telephone conversation between these two will provoke controversies for a long time . “I am a good soldier. I respect the urgency. I call M back^me Malbec. I say that if he wants to go to disciplinary, there needs to be a disciplinary investigation. I’m just pointing out the law. I am not an advisor to the office of the Minister of Justice. I am not here to compensate for the failures of the firm”exposes François Molins today in an attempt to definitively close the episode.

Then come, successively, a forum in “le Monde” signed with Chantal Arens, first president of the Court of Cassation, to express concern about the state of justice and… the potential conflicts of interest of the minister, then the complaint of the magistrates’ unions before the CJR. This column, published in September 2020, has always been presented by Eric Dupond-Moretti as a stab in the back from François Molins who, moreover, was therefore in charge of the proceedings before this same CJR.

“What do you think of the way the defense wanted to make you a witness? »asks Advocate General Philippe Lagauche. “I don’t want to be derogatory, everyone defends themselves as they wish, answers François Molins. They tried to blame me. There is a politician, Charles Pasqua, who said that, when there is a problem, you have to create a case within the case. They tried to accuse me of a conflict of interest when it is Eric Dupond-Moretti who is accused. You can challenge a judge but you cannot challenge your prosecutor. »

Today’s prosecution before the CJR, embodied by prosecutor Rémy Heitz, had specifically called at the start of the trial not to be deceived by “business within the business”.

“That doesn’t bother you, the magistrate?” »

The minister’s defense, however, cannot stop there. This confusion of roles remains a wound in his eyes: “You report a potential offense knowing you will get it back. Doesn’t that bother you, the magistrate? »questions M^e Jacqueline Laffont, referring to the column published in September 2020. “We created this platform to awaken public awareness”retorts Molins, highlighting his constitutional responsibility as president of the CSM to assist the President of the Republic in guaranteeing the independence of justice.

The minister’s other lawyer, Rémi Lorrain, lists several other thorns, notably the fact, so little appreciated by the political world, of having communicated his final indictment against Eric Dupond-Moretti in the middle of a ministerial reshuffle…

Those who expected a major confrontation at the trial will have to stop there, without decisive exchanges. At the end of the hearing, Eric Dupond-Moretti stands up:

“From the start, Mr. Molins gave me a hard time. Retired, he continues. Vengeful, I don’t know which of the two it is…”

At the end of the audience, the two men, obviously, do not greet each other. Everyone goes back to their story. Trial continues Friday.