The lawyers of the Minister of Justice Eric Dupond-Moretti have filed with the Court of Justice of the Republic (CJR) a request for nullity of his indictment for “illegal taking of interests” pronounced in July, a- we learned this Monday from a judicial source.

This request, filed on September 7, must be examined in mid-October by the investigating committee of the CJR, the only jurisdiction empowered to prosecute and try members of the government for crimes and offenses committed "in the exercise of their functions". , said the same source, confirming information from

Figaro

.

Complaint from the magistrates' union

According to a source close to the case, this request raises in particular the "inadmissibility of the complaints at the origin of the referral to the CJR" and "the partiality of the Attorney General at the Court of Cassation", François Molins. The defense of Eric Dupond-Moretti had requested this summer that François Molins be questioned by the CJR but his request was rejected, a decision confirmed on appeal on September 17, said the judicial source. In this investigation, a fifteen-hour search was carried out on July 1 at the Ministry of Justice. On July 16, after six hours of questioning before the CJR, Eric Dupond-Moretti was indicted, a first for a serving Minister of Justice.

He is suspected of having taken advantage of his position to settle accounts with magistrates with whom he had trouble starting when he was a lawyer, which he refutes.

In January, the CJR opened a judicial investigation for “illegal taking of interests” after complaints from magistrates' unions and the Anticor association denouncing situations of conflict of interest in two cases.

In search of the mole

The first concerns the administrative investigation ordered in September 2020 by the Minister of Justice against three magistrates of the National Financial Prosecutor's Office (PNF) who had his detailed telephone records ("fadettes") scrutinized when he was still a star in the courtroom.

The PNF then sought to flush out a "mole" having been able to inform Nicolas Sarkozy and his counsel Thierry Herzog - a friend of Eric Dupond-Moretti - that they were wiretapped in the so-called "Bismuth" corruption case, which won in March a historic condemnation to the former head of state.

Follow the recommendations, really?

Vilifying then the “barbouzes methods” of the anti-corruption prosecution, Eric Dupond-Moretti had filed a complaint, withdrawn on the evening of his appointment as Keeper of the Seals, July 6, 2020. In the second case, he is accused of having diligently administrative proceedings against a former investigating judge seconded to Monaco, Edouard Levrault, who had indicted one of his ex-clients and whose “cowboy” methods he had criticized.

Eric Dupond-Moretti insisted that he had only "followed the recommendations" of his administration.

The potential conflicts of interest of the new Minister of Justice, raised upon his arrival at the Chancellery by the magistrates' unions, had finally led at the end of October to remove him from the follow-up of his former affairs, now under the control of Matignon.

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