Government: Darmanin targeted by a lawyers' complaint for his implicit support of Sarkozy

They accuse the Minister of Justice of "taking sides." A group of lawyers has filed a complaint with the Court of Justice of the Republic (CJR) against Gérald Darmanin for his implicit support of Nicolas Sarkozy, whom he visited in prison.

The Minister of Justice met on Wednesday, October 29, at the Santé prison in Paris with the former President of the Republic, one of his political mentors.

But the lawyers' complaint originated well before, just after statements by Gérald Darmanin on France Inter on October 20, on the eve of Nicolas Sarkozy's incarceration.

By expressing his "sadness" that day after the conviction of Nicolas Sarkozy and announcing that he would soon visit him in prison, which he has since done, Gérald Darmanin "necessarily took a position in an enterprise over which he has administrative power," the complaint states.

Gérald Darmanin indicated that he would visit Nicolas Sarkozy in prison to inquire about his security conditions . He added, "I feel great sadness for President Sarkozy," and that "as a man, having worked for him, I cannot remain unmoved by a man's distress."

This group of about thirty lawyers says in its complaint, brought by Me Jérôme Karsenti, that it is "particularly indignant at the statements of the Minister of Justice" who "publicly expressed his compassion for Nicolas Sarkozy, highlighting the personal ties they maintain" .

By "publicly expressing his desire to visit Nicolas Sarkozy in detention" and "implicitly offering him his support" , Gérald Darmanin "necessarily took a position" in an undertaking over which he also has "supervisory power as the hierarchical superior of the prosecutor's office" , the plaintiffs argue.

Legally, this group of lawyers is filing a complaint against Gérald Darmanin for "illegal taking of interest" , via a legal precedent considering that "interest" can "be moral and more specifically friendly" .

"There is no doubt that this interest is likely to compromise the impartiality and objectivity of Mr. Darmanin who, as Minister of Justice, cannot take a position in this way in a pending case," the lawyers argue.

Convicted on September 25 to five years in prison in the Libyan case for criminal association, the former president has since filed a request for release, which the court must examine in the coming weeks, before his appeal trial in 2026.

Gérald Darmanin's remarks on France Inter had already stirred up the judiciary. France's top prosecutor, Rémy Heitz, saw them as a "risk of hindering serenity" and therefore "an attack on the independence of magistrates."

"Ensuring the safety of a former President of the Republic in prison, an unprecedented event, in no way undermines the independence of magistrates but falls within the duty of vigilance of the head of administration that I am," Gérald Darmanin had already defended himself on X.

For the group of lawyers, the Minister of Justice's "statements," followed by his "visit to the Santé prison," are "likely to undermine the confidence that litigants have in the justice system and their auxiliaries," which include lawyers.

The complaint further states that Gérald Darmanin's actions have caused them "harm to their professional practice and image, making it necessary to file this complaint with the CJR's petitions committee." The CJR is the only court authorized to prosecute and try members of the government for crimes and offenses committed in the exercise of their duties.