As he was transported to La Santé prison in Paris on Tuesday, Nicolas Sarkozy posted a message brimming with defiance on X, writing “It’s not a former president of the republic who is being jailed this morning, it’s an innocent man”. A court of appeal will eventually give its view on the veracity of the second clause of that statement. But unfortunately for Mr Sarkozy, the drama and significance of his fall cannot simply be wished away.
President of France between 2007 and 2012, Mr Sarkozy was found guilty of criminal conspiracy to obtain illicit campaign funds from the regime of the late Libyan dictator, Muammar Gaddafi. Handed a five‑year sentence, he has become the first former leader of an EU country to go behind bars, and the first French leader since the disgraced head of Vichy France, Philippe Pétain. In a country in which the elected president enjoys a quasi-monarchical status, Tuesday’s extraordinary spectacle was a seminal moment.
At a time when faith in political institutions in France has collapsed to the point where the lights are flashing red, it was also a salutary demonstration that no one is above the law. In a poll published on Tuesday in Le Monde newspaper, two-thirds of respondents said that they believed a majority of politicians were corrupt, and nearly nine out of 10 said that most acted mainly out of self-interest. In sentencing Mr Sarkozy and ordering that his prison term should begin without delay, the judge, Nathalie Gavarino, said that she took into account both the exceptionally grave nature of the offences and the fact that they were “likely to undermine citizens’ trust”.
Such reflections might be considered unexceptional, especially given that Mr Sarkozy has previously been convicted in separate corruption cases. But the Sarkozy trial and its aftermath have disturbingly laid bare the extent to which in France, as in other countries, the rule of law is threatened by a newly fashionable contempt for the judiciary and the attempted manipulation of public opinion.
In Trumpian fashion, an exhaustive and meticulous legal process has been groundlessly presented by Mr Sarkozy’s supporters as a judicial plot and leftwing vendetta. Following the ruling last month, the former president effectively denounced his sentence as unlawful and condemned the “hatred” with “no limits” that allegedly motivated it. As senior politicians and supporters from the right and far right have filled the airwaves and conservative press with the same talking points, Ms Gavarino has received numerous death threats.
Hearteningly, the public does not appear to be buying it. A post-verdict poll found comfortable majorities backing both the conduct of Mr Sarkozy’s trial and his sentencing. But the drama, and the naked attempt to undermine the reputation of the legal system, was in all likelihood merely a dress rehearsal. In January, Marine Le Pen’s appeal against a conviction for embezzlement of political funds will take place. Should she lose it, the far‑right National Rally leader will be ruled out of running in the 2027 presidential race.
In a polarised and mistrustful nation, that will be a perilous moment for the French judiciary to navigate. Mr Sarkozy may yet be released before his own appeal, following a request by his lawyers. But the irresponsible and baseless attacks on the legal system before, during and after his trial have set a damaging precedent.
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