what to understand from his risky (and populist) strategy at the end of the trial

POLITICS – Word to the defense. The trial of Marine Le Pen and the 24 other defendants tried since the end of September for embezzlement of public (European) funds is coming to an end. François Bosselut, the far-right leader’s lawyer, speaks one last time this Wednesday, November 27, to fight against the prosecutors’ requisitions.

The stakes are high since the prosecution has called for ineligibility sentences against all of the defendants, and requested that they be accompanied by provisional execution. In short, they apply immediately even in the event of an appeal… Even if it means seriously hampering Marine Le Pen’s ambitions for the 2027 presidential election.

Faced with this specter, his lawyer’s pleading is known in advance. Unless there is any big surprise, he should take up the argument repeated from set to studio by the elected Lepénistes, against a “ political trial » instructed to extinguish the electoral hopes of their champion. A defense “of rupture », in that it does not focus on the merits of the case, which says a lot about the (almost desperate) situation.

“Political death”

Since the requisitions, the change in tone has been palpable. State of mind, too. With her lieutenants, the head of the RN group in the Assembly denounces a biased justice system which wants its “ political death », repeating the traditional antiphons and accusations of a good number of public officials who were ultimately convicted. Last week, the historic lawyer of the flame party, François Wagner, for example asked the court to “ chase away this bad wind that the prosecution has caused to blow over this audience ».

Before that, Marine Le Pen had nevertheless endeavored not to call into question the judicial institution, to better make her arguments heard. Standardization required? “ Serene » at the start of the trial, despite the heaviness of the accusations – it is a question of embezzlement of public funds between 2004 and 2016 for more than 4 million euros, according to Brussels – the member for Pas-de-Calais actually focused her explanations on the differences of views between his party and the European institutions, the bane of the Frontist party for decades.

Concretely, the FN (now RN), its European deputies at the time and their parliamentary assistants are accused of having set up a “ system » allowing “small hands” to work solely or partly for political training, while being paid by Europe. The result is substantial savings for the party, and a pleasant lifestyle for certain defendants (5,000 euros per month for the president’s former companion, Louis Aliot, for part time.)

A thwarted plan?

For the main accused, nothing abnormal, since “ an assistant works for his deputy and he can work for him, for the benefit of his party and the enlargement of his elected representatives” she repeated several times on the stand, acknowledging in passing that she was “radically opposed to the way the European Parliament works”.

The objective, if we look at the declarations before the trial, was for the far-right party to make these legal adventures a global affair between the French political sphere and the Brussels institutions which would call into question its practices. Between Europe and France. “ The European Parliament puts itself in the place of justice. This is a procedure against French political parties », Explained for example Jordan Bardella in 2023, a year before the hearing. Even if it means anticipating a possible conviction. But to dilute it for the general public?

Patatras, Marine Le Pen’s serenity was tarnished on November 13, as was her political future. The candidate’s lawyers natural » of the RN in the next presidential election apparently discovered during the hearing that the penalty of ineligibility was not only incurred by Marine Le Pen… But quite automatic, since a 2016 law, for embezzlement of public funds .

Populist Defense

Problem: the defense of the former president of the National Rally, without expression of regret or awareness, justified the heaviness of the requisitions, as the prosecutors explained at the hearing. They pointed “ the organized, optimized and systematic character » diversions for one hundred and forty-six months, far from “simple administrative disagreement”put forward by the Lepenists. The work, moreover, “ of a party already condemned »Who ” only renounced this system in the face of a complaint from the European Parliament ”, and, above all, who “ does not question itself. »

Worse than ineligibility, Marine Le Pen suffered another blow that she probably did not see coming: the provisional execution of the sentence, requested by the prosecutors. However, this phenomenon is increasingly frequent – up 14% since 2019 – especially for public officials. For the year 2024 alone, we can cite similar cases in Mayotte, Eyrein (in Corrèze) or even Épinal (in the Vosges). Each time, the accused elected officials were sentenced to immediately applicable penalties.

In this very perilous context, has Jean-Marie Le Pen’s daughter already lost? In the event of a conviction, the MP will certainly be able to pursue several avenues of appeal. But they will not suspend a possible “ provisional execution. » There remains public opinion, and the tenacious mistrust of the French with regard to their judicial system.

Nothing trivial, undoubtedly, in seeing the leaders of the Lepenist party seeking “popular” support by promoting a petition denouncing the requisitions of the prosecution. And too bad if the Trumpist overtones of such a response somewhat damage Marine Le Pen’s strategy in recent years, between trivialization and appeasement.