At the Court of Justice of the Republic,
François Molins walks with determined steps towards the desk of the Court of Justice of the Republic. He has no regard for the defendant, Eric Dupond-Moretti. The former attorney general at the Court of Cassation – he has retired for a few months – is heard as a witness in the trial targeting the Minister of Justice. The Minister of Justice is suspected of having used his functions to settle scores with four magistrates with whom he had disagreements when he was still a lawyer. From the outset, as if to make things clear, the ex-magistrate wishes to make it clear that he has not “come to settle [ses] accounts “. “Those who know me know that I am not comfortable with conflict,” he insists.
It is common knowledge: the two men do not like each other. Mild understatement. These two essential figures in the legal world hate each other. In the minister’s entourage, it has been implied many times: François Molins wanted to obtain the post of Minister of Justice. Annoyed at not obtaining it, he would then have tried to put a spoke in the wheels of the former penalist. François Molins recognizes this Thursday, he was “flattered” that his name was mentioned among the list of possible ministers. However, he assures him, he would never have accepted such a charge, being “too attached to his freedom”. On July 6, 2020, however, when he learned that Eric Dupond-Moretti was appointed Keeper of the Seals, he “had a hard time believing it”. “I do not deny his qualities as a criminal lawyer but he is a divisive personality and not really a sign of appeasement with the judiciary,” he believes. Behind him, the minister stamps his feet, multiplies his facial expressions, does not even try to hide his annoyance.
“I have never crossed swords with Mr. Dupond-Moretti”
Before the tenor’s arrival at Place Vendôme, the two men did not know each other. “I have never crossed swords with Mr. Dupond-Moretti, neither in an assize court, nor in a criminal court,” assures François Molins. He remembers a single exchange, when he was public prosecutor of Paris: he telephoned the criminal lawyer to inform him that a complaint had been filed against his office. Quickly, however, the situation became tense. The magistrate considers in particular that he was not received quickly enough by the minister – the defense will point out to him that they had lunch together the day after his appointment. But it is above all the matter of the National Financial Prosecutor’s Office (PNF) which will end up icing an already very cold relationship.
Flashback: at the end of June 2020, while he was still a lawyer, Eric Dupond-Moretti discovered that his telephone records had been studied by PNF magistrates who sought to know who informed Nicolas Sarkozy and his lawyer, Me Thierry Herzog, that they were wiretapped. In short, they are looking for a possible mole. The investigation will be closed without further action but upon learning of it the thunderous criminal lawyer is furious and files a complaint. His predecessor, Nicole Belloubet, also launched an operational investigation. Upon arriving at the ministry, Eric Dupond-Moretti undertakes to withdraw his complaint. What he does. But it is on her desk that the conclusions of the operational investigation land: she points out dysfunctions but finds no fault.
“I am not the minister’s advisor”
However, three days later, he announced the opening of a disciplinary investigation specifically targeting three magistrates. During his hearing on Tuesday, as during the procedure, he affirmed that this choice had been suggested to his chief of staff by François Molins himself. The latter also repeated it at the hearing this Thursday morning: she consulted the magistrate – with whom she had friendly relations – to find out what the possible options were. “But I am not the minister’s advisor,” fumes François Molins, particularly upset. He assures us that he simply indicated that a referral to the Superior Council of the Judiciary “was impossible given the file”. In short: he claims to have given the different options available to him without suggesting which was the best. “I did not give advice to the minister but just reminded a rule of law,” he gets carried away.
On multiple occasions, François Molins reminds us: he is only a simple witness in this case. “I’m not the defendant, it’s Eric Dupond-Moretti,” he repeats over and over again. The magistrate refuses that anyone could think that he sought “revenge”. Two weeks after the opening of the investigation, he co-signed with the First President of the Court of Cassation, a scathing column denouncing “conflicts of interest”. An extremely rare approach for the two highest magistrates in France. It is also he who will give a favorable opinion to the complaints and requests received for “illegal taking of interests” which brought the minister to this courtroom. “I do not have to pass judgment on the defense strategy of a defendant but I see that I have been made guilty, as if I had abused my functions,” he scathes. .
“Revengeer”
An argument that does not convince – not at all – the first interested party. On multiple occasions, he gets up, sits down again, mumbles, breathes. After a little over an hour and a half, he finally spoke and reproached François Molins for having “scrubbed his way”. “I don’t know who is the revenger of the two: the budget, he criticizes it, prison overpopulation, I didn’t do well. Nothing I’ve done is right,” he thunders. “We have the right not to agree on everything,” the magistrate retorts, nevertheless indicating that he has always welcomed the increase in the budget. “I have ideas, I have the right to express them,” he continues dryly. Between these two great orators – with very different styles – no common ground seems possible.