Note: This initial reaction comes before Marine Le Pen’s remarks and arguments in the red-carpet segment offered to her by TF1 starting at 8PM.
A non-conviction or a measure of “clemency” would have been a blow to democracy. The letter of the law prohibited the judge from not convicting in this case. By not yielding to pressures initially exerted, at least implicitly, during the establishment of the Bayrou government, then during Macron’s appointment of Mr Ferrand as head of the Constitutional Council, the court has indeed, whatever its intention, struck a blow to the true anti-democratic system: that of the Fifth Republic, of which the RN is a fundamental pillar. This blow joins the one dealt by the seven-year prison sentence requested against the major criminal that is former Fifth Republic President Nicolas Sarkozy.
A fact of the utmost importance: the very first reaction to the verdict came from Moscow, in barely a few minutes, quickly followed by Viktor Orbán. The neo-fascist axis is expressing its discontent. If they had the means, they would schedule a “special military intervention” against the “fascist judges”. At the time of writing, we are not yet aware of any potential reactions from the other branch of the Axis, that of the Trump/Musk/Vance triumvirate.
Their line is clear: denounce the “government of judges”. The defence of RN businessmen and corrupt officials joins Trump’s fight against all still-independent courts in the United States, as well as Orbán’s fight, as well as Netanyahu’s fight against Israeli constitutional norms in relation to his plans for deportation and massacre of Palestinians. The existence of legal standards based on equal law for all, and of public and transparent jurisprudence, is part of what serious revolutionaries must defend and deepen. What we can reproach the judicial system for is not condemning powerful figures like Ms Le Pen, but doing so too rarely while being too often relentless with the poor.
The general stance of the pseudo-defenders of democracy who are Ms Le Pen’s friends, namely Putin, Trump, Orbán and Netanyahu, dares to claim democracy against the “government of judges” when they defend nothing other than dictatorship fraudulently exercised in the name of a clientelised and manipulated people who can only express themselves under conditions of forced plebiscites.
Under these conditions, the ambiguity of LFI’s statement must be noted, which says it “acknowledges” the court decision against corrupt RN elected officials, but also says it opposes the impossibility of appeal, which is false – appeal is possible, it is the ineligibility penalty that applies without waiting, just as a driving licence suspension can apply before any appeal! – then disdainfully explains that LFI does not use “a court” against the RN and will defeat it (all alone?!) “at the ballot box and in the street”. All ambiguity is removed by the explanation tweeted by J.M. Mélenchon: “...the decision to remove an elected official should rest with the people. This is what the recall referendum should be used for in a democratic 6th Republic.”
It is confirmed here that J.L. Mélenchon’s 6th Republic is not democratic, but Bonapartist and presidential, and that it would resort to “referendums” having no chance of succeeding against the Leader in place, while denying the exercise of justice and openly advocating here that elected officials, especially, no doubt, the “president”, be above the law. The grounds for Mélenchon’s criticism of the court decision against Ms Le Pen are the very same as those of the RN, of Mr Retailleau, and behind them of the Putin axis: against democracy based on the guarantee of fundamental rights and the rule of law, the plebiscitary order of “popular” strongman Leaders.
This is precisely what must be ended, and the aim for which today’s judgement is fundamentally good news. The 6th Republic that we want will not be the 5th Republic bis; it will not have a president but a constituent assembly and assemblies at different levels, combined with the guarantee of rights ensured by the judiciary and the civil service.
Will democratic forces, the left and the labour movement know how to exploit this good news as they should?
For this, they must unite against the 5th Republic and the denial of democracy that is the very existence of the Macron/Bayrou/Retailleau executive, demanding a democratic government that raises wages, repeals the pensions law, saves public services, aids Ukraine and tackles the climate issue head-on, as a step towards a constituent assembly and a regime change.
This was possible a few months ago. Would it no longer be so in the world of Trump and Putin? When the Bayrou government seems more fragile than ever? When the RN is going to campaign for its so-called “democracy” against “the judges” and “the system”? Unacceptable!
It will have to be imposed through social struggles, through democracy, through unity of action, and through the indispensable political battle for clarification, particularly against authoritarian Bonapartism itself in the popular union which must, in order to win, rid itself of it!