- The secretary general of the Élysée and close collaborator of Emmanuel Macron, Alexis Kohler, is suspected of conflicts of interest because of his links with the Italian-Swiss shipowner MSC.
- A preliminary investigation targeting him was closed without further action by the National Financial Prosecutor's Office (PNF) in August 2019. But the investigation site Mediapart revealed this week the existence of a letter written by Emmanuel Macron and paid to this procedure.
- To relaunch the investigations, the anti-corruption association Anticor filed a new complaint with the constitution of a civil party, thus causing the opening of a new judicial investigation on Tuesday.
Rebound in the Kohler affair, named after the secretary general of the Elysée. Justice seeks to know if Alexis Kohler has used his professional responsibilities in Bercy to favor the MSC business, run by members of his family. An initial investigation was closed without follow-up almost a year ago. But a judicial investigation was opened Tuesday after the publication, by Mediapart, of a letter from Emmanuel Macron defending the enarch. A missive setting off a controversy over possible interference of the presidency in this judicial file.
- What is it Alexis Kohler suspicion n e?
In June 2018, Emmanuel Macron's right hand was targeted by a first complaint filed by the anti-corruption association Anticor. The NGO suspects Alexis Kohler of "illegal taking of interests" and "influence peddling". This complaint comes after revelations published a few months earlier by Mediapart, which pointed to the family ties between Alexis Kohler and the owners and founders of the owner MSC (Mediterrannean Shipping Company).
This Italian-Swiss company is one of the main customers of STX France, the head of the Saint-Nazaire shipyards, and has conducted several strategic negotiations with the French State in recent years. According to Mediapart, Alexis Kohler would have been able to "give opinions" and "make decisions on the MSC file" when he was director of cabinet of Emmanuel Macron at the Ministry of Economy. "The STX France file was permanently at the top of the pile in the Bercy cabinets," writes the investigation site.
Alexis Kohler is suspected of having concealed from the ethics committee his links with the company MSC. It is in this context that a first investigation was opened by the National Financial Prosecutor's Office (PNF) on June 4, 2018.
What does Mediapart reveal about the role played by Emmanuel Macron?
This first investigation was closed without further action by the PNF in August 2019. The association Anticor then filed, on December 4, 2019, a new complaint with the constitution of a civil party. A step which resulted, this Tuesday, after the revelations of Mediapart, with the opening of a judicial information by examining magistrates, targeting Alexis Kohler, suspected in particular of “illegal taking of interests” and “trafficking of affecting ".
A letter published by the site of investigation Tuesday arouses controversy as for the classification without initial follow-up by the PNF. This note would have been addressed by Emmanuel Macron to his right arm. The president assures that Alexis Kohler never intervened, when he was his chief of staff in Bercy, in files related to MSC. According to Mediapart, this letter was transmitted to the PNF by the lawyer for the Secretary General of the Elysée on July 1, 2019, a few weeks before the prosecution closed the case.
"Obviously, this letter was written to influence a preliminary investigation whose conclusions had already been made," said Elise Van Beneden, president of Anticor, in an interview with Liberation published on Thursday.
Was Emmanuel Macron in his role or did he undermine the separation of powers?
This is the whole question raised by the new revelations of Mediapart. Question to which it is difficult to bring a clear answer, estimates Michel Lascombe, professor of constitutional law. "Any employer who is asked by an employee to write such a letter could do so without any problem. Here, the employer in question is a former Minister of Finance, and it is in this capacity that he writes this letter. Except that when he wrote this letter, he was no longer a minister but the President of the Republic. A statute which gives it a new role defined by the Constitution: that of guarantor of the independence of the judicial authority ”, explains the specialist.
If, in the Constitution, nothing prohibits a President of the Republic from testifying in a court case, the political risk is high according to Michel Lascombe. "Perhaps it should have been done officially by making this letter public. And if there was an injunction from the lawyer, the president could have seized the Superior Council of the magistrature to ask for his opinion on the advisability or not of testifying in this file ”.
A political "error" also denounced by the rebellious deputy from the North Ugo Bernalicis: "Emmanuel Macron should have refrained from sending this letter, because such actions cast suspicion on the independence of the judicial institution, since the investigation was filed after his mail. " President of the commission of inquiry into the obstacles to the independence of the judiciary, the elected representative wonders: "If Alexis Kohler has all the evidence which exonerate him, what is the use of filing an honor statement dating from 2019? "
Beyond the accusations brought by Anticor, this new case highlights the vagueness that surrounds this famous legal status of the President of the Republic. For Marc-André Feffer, president of the French branch of Transparency International, a reflection on the subject is imperative: “The president guarantees the independence of the judiciary. And at the same time, we do not see why the head of state could not testify. Except that by doing so, his testimony can be considered as interference in the exercise of his mission and weaken his status ”.
What are the political reactions?
The majority defends the step of the president, considering that this letter does not endanger the independence of justice. The entourage of Emmanuel Macron, quoted by France Info Wednesday, ensures that "there is no attack on the separation of powers" and evokes "what can be akin to an employer certificate". “This certificate was signed by Emmanuel Macron as a former Minister of the Economy. "
“Alexis Kohler is a citizen like any other. He has no more rights, but no less either. The certificate from his employer at the time to defend himself, he has the right, ”defended Paris deputy Pierre Person on Public Senate on Thursday.
Kohler affair: "At the time Emmanuel Macron was his employer. I don't see why he couldn't justify exchanges he had had with his employee, his collaborator" @Pierr_Person #BonjourChezVous pic.twitter.com/A0LtjSE0az
- Public Senate (@publicsenat) June 25, 2020For Bruno Bonnell, "this case is judicial, but not political". "Alexis Kohler is criticized by Mediapart for suspicions, interpreted documents," continues the LREM deputy from the Rhône to 20 Minutes . There is no denying that he is a great servant of the state, and one cannot ask people to change their families, or blame members of civil society for having a past in the private sector ”.
But the opposition denounces an interference. "It is up to the President of the Republic, and as soon as possible, to shed light on these revelations," wrote the Socialist Party in a statement. Gilbert Collard, MEP, for his part, requests the "dismissal" of the Head of State. The rebellious Ugo Bernalicis wishes the opening of an investigation by the general inspectorate of justice.
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