At trial surveys of Elysee, defense argues “anachronism”, before judgment of January 21, 2022

In their pleadings, the defendants lawyers have all called for the acquittal of their clients, estimating that at the material time, the law did not require the president to apply the procurement code.

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“custom”, the “state of law”, a “rule did not apply at the time” … In turn, Wednesday, November 10, at 13 th last day of the trial surveys of the Elysee, lawyers have hammered the same argument before the 32 th correctional chamber of Paris when the cabinet of Nicolas Sarkozy signed in 2007 and 2008, Publifact contracts with the company of Patrick Buisson, and Giacometti Peron, that of Pierre Giacometti, no advertising rule or competition oversees contracts awarded by the Presidency.

“The procedure anachronism, we ask your court to declare the law today, which would apply in 2007,” summed M th Jean-Charles Mirande, lawyer Ipsos, one of the main providers of polls to the Elysee, at the time, charged with “concealment of favoritism.” Other tips are the same reasoning, referring in particular to the famous “notes Boissonis” document from the mandate of General de Gaulle (1959-1969), which referred to the “extremely flexible mode” management of the Elysee, which made no account of his expenses.

All pleaded acquittal of their clients, whether external advice providers, Pierre Giacometti and Patrick Buisson, or the entourage of the head of state: its secretary general, Claude Gueant, his chief of staff, Emmanuelle Mignon, and the technical adviser “opinion,” Julien Vaulpré. The day before, the submissions of the prosecutor, severe, demanded prison sentences against Mr. Bush and Mr. Gueant, heavy fines for companies of the latter or to institute Ipsos polls; a suspended sentence for Mr. Giacometti and fines for Emmanuelle Mignon and Julien Vaulpré.

“Trials around a missing”

“This is a case around an absent due to an absent, but not an absent,” noted Philippe Bouchez El Ghozi, consulting Claude Gueant, in an allusion to Nicolas Sarkozy which enjoys presidential immunity in this case. According to the lawyer, Mr. Guéant has done “just following instructions,” the head of state, by contracting with Mr. Bush and Mr. Giacometti for consulting and, in the case of Mr. Bush , providing polls. Gueant was “the control tower, not the driver, not a mechanic or customs” the Elysee said Mr. Bouchez El Ghozi. It returns the blame on the head of financial services of the Elysee at the time, Daniel Revel, whom Mr. Guéant sent the contract and found it valid.

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/Media reports.