“Relentlessness” against Marine Le Pen and “attack on democracy” : the prosecution's requisitions in the trial of the RN parliamentary assistants sparked, on Wednesday November 13, a wave of protests on the right of the political spectrum, including the former Minister of the Interior Gérald Darmanin. In reaction, several voices were raised to denounce this political interference in a judicial process still ongoing – the deliberation is expected at the beginning of 2025.
The prosecution requested five years in prison, including two years in prison, a fine of 300,000 euros and five years of ineligibility against Marine Le Pen, judging her « centre » of a “organized system” aimed at making the European Parliament the “cash cow” of the RN. If the court follows the prosecution, the penalty of ineligibility, accompanied by provisional execution, would be applicable from the conviction, including in the event of appeal.
The leader of the National Rally, three-time presidential candidate (2012, 2017 and 2022), sees in the call for her ineligibility an intention to stop her political rise. “The only thing that interested the prosecution was Marine Le Pen, to be able to request her exclusion from political life (…) and then the National Rally, to be able to ruin the party”affirmed the head of the RN deputies after the requisitions.
Comforted by the constant rise of the RN in recent years, including after the dissolution of the National Assembly, which followed the European elections, in June, Marine Le Pen is now aiming for 2027. Two and a half years before the presidential election, the prosecution manifest “a desire to deprive the French of the ability to vote for who they wish”she said.
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“The prosecution is not in justice: it is in relentlessness and revenge against Marine Le Pen”adds the president of the RN, Jordan Bardella, on X. “His scandalous requisitions aim to deprive millions of French people of their vote in 2027. It is an attack on democracy”he assured.
Gérald Darmanin in support
Just like the president of the party, many RN elected officials have published photos of themselves with Marine Le Pen on X under the hashtag #JeSoutiensMarine. The vice-president of the RN, Sébastien Chenu, echoed this Thursday, denouncing “a prosecutor’s office serving a political mission”. “In what country would we live in which the main female politician would be prevented (…) to be able to introduce yourself? » His fellow MP Jean-Philippe Tanguy denounced “almost fanatical requisitions” on France 2.
Same indignation among the other components of the nationalist right and the French extreme right. “The course of French democracy must not be confiscated from voters again”launched Eric Ciotti, evoking the precedent of François Fillon, who had to give up running for president in 2017 following suspicions of fictitious employment of his wife – a case for which he was definitively found guilty in April . “The democratic destiny of our nation must be decided at the ballot box and not in politicized courtrooms”insisted the former president of the Republicans, who joined Marine Le Pen’s camp in June.
“What a scandal!” Marine Le Pen must be able to run in the presidential election »pleaded, for her part, Sara Knafo, European deputy of Mr. Zemmour's party, Reconquête!, the sovereignist Nicolas Dupont-Aignan also seeing in it a desire to “muzzle the French people”.
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A rare voice outside the field of the extreme right to speak out, Gérald Darmanin also judged that “fight Mme Le Pen is done at the polls, not elsewhere”. “If the court judges that she must be condemned, she cannot be condemned electorally, without the expression of the people”he declared on X, calling not to ” dig “ plus “the difference between the “elites” and the vast majority of our fellow citizens”.
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Remember that the ineligibility of elected officials in the event of conviction was voted by the representatives of the people in 1994. The law providing for the misappropriation of public funds to be punished with a mandatory penalty of ineligibility appears in article 131-26-2 of the penal code, the latest version of which is in force in 2022.
“Breach of the principle of separation of powers”
The Minister of Justice, Didier Migaud, recalled on CNews that “justice is independent and the magistrates are themselves independent, it is a constitutional principle”before insisting: “The judge does not replace political power. There is independence between the powers. »
These positions going against the rule of law have been openly criticized, in particular by the boss of the Socialist Party (PS), Olivier Faure, on “big embarrassing wink from someone who pretends to pity the woman whose electorate he dreams of winning back” and denounces a “big breach of the principle of separation of powers”.
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The president of Les Républicains (LR) of the Hauts-de-France region, Xavier Bertrand, criticized the “great act of hypocrisy” played by the far right. “Democracy is also respect for justice”he launched, recalling that in 2004, at the time of the trial of Alain Juppé in the case of fictitious jobs of the RPR, where the potential presidential candidate had been affected by a sentence of ineligibility, Marine Le Pen said: “We are fed up with these elected officials who embezzle money. »
M. Darmanin “shouldn’t have said that”estimated this historic adversary of the three-time presidential candidate, yet close to the former Minister of the Interior. “Or he follows through with his thoughts and submits a bill to remove ineligibility”he said on RTL. “But in the meantime, the law exists, it applies to everyone and no one is above the law. »
“The law applies to everyone”added to Public Senate the minister responsible for relations with Parliament, Nathalie Delattre, who found “shocking to comment on a court decision”.
Gérald Darmanin's comment could be the subject of prosecution under article 434-5 of the penal code, which specifies that it is possible to comment on a court decision, unless the author “seeks to discredit, publicly (…) in conditions likely to undermine the authority of justice or its independence.”
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