July 1, 2022

Eric Dupond-Moretti wins a procedural battle

The Minister of Justice, Eric Dupond-Moretti, has just won a round in the arm wrestling which opposes him to the Court of Justice of the Republic (CJR) since his indictment, in July, for “illegal taking of ‘interests’. The Court of Cassation has, in fact, decided, Tuesday, December 21, to annul a judgment taken by the investigating committee of the CJR on September 16. This judgment confirmed the decision, taken by the CJR a month earlier, to refuse to hear as a witness the Attorney General at the Court of Cassation, François Molins, in the proceedings against the Minister.

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According to the Court of Cassation, which does not rule on the merits, the investigative committee of the CJR responded irregularly, on the form, to the objections of the defense, which pointed out the procedural difficulties posed by the various statutory functions of François Molins in this case: he is both Attorney General at the Court of Cassation and as such representative of the prosecution at the CJR and President of the Supreme Judicial Council (CSM). The Minister of Justice can therefore once again challenge the decision of the investigating committee. The question of the hearing of François Molins, which seemed ruled out, will therefore be asked again.

“This is a first legal victory for Eric Dupond-Moretti and a real snub for the Court of Justice of the Republic. By considering itself competent on appeal to decide, in the same composition, an appeal against its own decision, the CJR committed a gross legal error. The Court of Cassation reminds him of this by censoring his decision “, rejoices the minister’s lawyer, Patrice Spinosi, after the announcement of the decision. “For the moment, only the CJR has ruled on the need to hear its Attorney General as a witness. However, like anyone, Eric Dupond-Moretti is entitled to a double degree of jurisdiction. (…) Less justice for the Minister of Justice? Such is the paradox of the anachronistic investigation procedure of the CJR with which Eric Dupond-Moretti has to face ”, he adds.

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Procedural guerrilla very political

This decision is the ultimate development of a drawer case, turned into a procedural guerrilla war. very political. It all started in June 2020, after the revelation by Point the existence of an investigation conducted by the National Financial Prosecutor’s Office (PNF), between 2014 and 2019, to find who had informed Nicolas Sarkozy of his wiretapping in another procedure. Eric Dupond-Moretti, like other lawyers, had, on this occasion, seen his telephone bills peeled by the PNF. Denouncing « barbouzeries », he had filed a complaint, withdrawn after his appointment to the Castex government, in July 2020.

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