When is a crime not a crime? When a far right political leader is caught with their hand in the till. It then becomes a stitch-up and an attack on democracy, at least according to the reactionary international who've lined up to defend Marine Le Pen in the wake of her sentence for defrauding the European Union. Viktor Orban, himself no stranger to corruption allegations put out a pitiful "Je Suis Marine". Nigel Farage claims Le Pen was "cancelled". A funny way of saying 'misappropriated funds' but then again he got done himself while still an MEP. Vladimir Putin had the cheek to call the verdict a "violation of democratic norms". Something, in fairness, he has a great deal of experience with. And a "this will backfire" came in from Elon Musk.
Is a five year prison sentence, two suspended, and a four-year ban from running for office a harsh punishment for embezzling €4m? Or a punishment that fits the crime? It's probably worth considering that Le Pen ensured the (then) National Front voted for the law she was convicted under in 2016. If there was a conspiracy out to get her, it's just as plausible to say she was part of it.
Unfortunately, some on the left have offered a faint echo of the extreme right's victimology. Jean-Luc Mélenchon said "The choice to dismiss an elected official should only belong to the people" and that the ballots and streets should see Le Pen off. Yanis Varoufakis would also like to see Le Pen "destroyed politically", and argued this was the sort of lawfare that was used against Donald Trump, but "the French are doing it in a more obvious, less defensible way than the American Democrats." And David Broder also writes that she should not be barred from standing for the French presidency because it hands the National Rally a propaganda coup.
Does it? Trump remains culpable for the storming of the Capitol in 2021, and it's down to a failure of constitutionalist politicians on both sides of Congress for failing to make more of it and not prosecuting him with sufficient vigour. The drawn out and half-arsed pursuit of Trump through the courts allowed him to construct a persecution narrative that was always going to play well in a country where similar gambits from the right have played well in the past. One should never underestimate the appeal of the insurgent outsider. But does this read map onto France? Le Pen is certainly playing that card, but cannot escape from the fact that the prosecution and verdict proceeded without any evidence of political interference. She was corrupt and was found to be corrupt - just like any other establishment politician. The sentence was not special or egregious, and has been handed down to others for less. Le Pen's problem with the politics is that she now stands exposed as someone on the take, which isn't ideal when one's project has built up populist capital railing against establishment snouts in the trough.
The second issue with the left critique is its statement of the obvious, as if it's a profundity rather than a banality. Of course the extreme right have to be faced down politically and defeated. No one, not even the most venal and dumb elements of Macron's coalition think Le Pen's conviction means job done. So just who is the likes of Varoufakis taking to task for pretending this is the case? This is where he and the others run the risk of affirming the far right's framing. Giving credence the the RN's version is ... giving credence to the RN's version. The left should be clear that it's not the French establishment persecuting an inconvenient "outsider" via the law. This situation is the result of Le Pen's proven criminality, nothing else. No crime, no prosecution, it's as simple as that. Instead of offering backhanded defences of Le Pen, taking the RN on means adding her conviction to the political charge sheet. It's not a substitution for all other things that need to be done to break the far right, but her own incompetence and idiocy has handed her opponents a potentially useful weapon. One should not look a gift horse in the mouth, and the left should not leave this issue alone to be monopolised by the Macronites.
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