For the first time in the history of the Fifth Republic, a former president will, in the weeks to come, serve time in prison for having, with the help of his close associates, set up a "criminal conspiracy" aimed at "preparing a corruption operation at the highest possible level" when he was a candidate in the 2007 presidential election.
The shock sparked by the Paris criminal court's judgment on Thursday, September 25, in which Nicolas Sarkozy was sentenced to five years in prison in the case of alleged Libyan funding of his 2007 presidential election campaign, was commensurate with the seriousness of the accusation against him.
The ruling hearkened back to the years of Sarkozy's campaign for power, and to the shameful courtship that was openly played out between him, a restless heir apparent to President Jacques Chirac who saw himself as invincible at the time, and Muammar Gaddafi, one of the world's most notorious dictators.
The four months of hearings, during which Sarkozy continually proclaimed his innocence and asserted that there was no evidence against him, highlighted how weak his associates' testimonies were, and shed light on their repeated contact with disreputable intermediaries and high-ranking Libyan officials with blood on their hands.
According to the court, these "secret meetings" would only make sense "due to the need to obtain funds" for Sarkozy's campaign. Legally, mere preparation to commit an offense is sufficient to establish a charge of criminal conspiracy, and it was through this angle that the court brought to light the defendants' serious conduct, which not only undermined morality but also national independence.
More than 10 years went by between the initial suspicions in the case and the court's decision. That alone shows the determination that the investigators required after the investigative journalism website Mediapart brought to light elements that were supposed to remain buried in the depths of an election campaign. The fact that justice has been served, despite the obstacles, is good news for democracy. By reaffirming its independence, the judiciary has also delivered the reassuring message that no one is above the law, at a time when public distrust of politicians has reached worrying levels. It also strengthens safeguards for the future, at a time of increasing attempts at foreign interference.
The way Sarkozy, who had already been definitively sentenced to prison in a separate corruption case, reacted was nevertheless telling. As always, the former president attacked the judges.
No matter its factional divisions, the right has never been able to cut ties with Sarkozy, the last of its leaders to have won the presidency. The joint attack by Les Républicains (right) and the Rassemblement National (far-right) on the court's decision to order the immediate application of the sentence without waiting for the outcome of the appeal, like for Marine Le Pen's embezzlement case, on the basis of the defendants' blatant disregard for the law, shows that the judiciary continues to face accusations from those who are determined to escape its reach at all costs.
The nuance of the verdict, which found Sarkozy guilty of criminal conspiracy but acquitted him of illegal campaign financing for lack of evidence, was necessary. Unfortunately, it leaves the door open to a new and troubling assault on the rule of law, a campaign that has become a point of convergence between the right and the far right.
Translation of an original article published in French on lemonde.fr; the publisher may only be liable for the French version.