Has France Just Outlawed Populism?

The Trial of Marine Le Pen

On May 26th, 2025, the Trump administration announced it had dispatched a group of senior State Department officials to Europe, including France, as part of broader diplomatic efforts to examine what it described as increasing restrictions on political expression. The move followed public criticism of France’s treatment of right-wing figures such as Marine Le Pen, and was framed by the administration as part of a wider initiative to address concerns about the suppression of conservative voices in allied democracies.

In March, Marine Le Pen, President of the National Rally Group in France’s National Assembly, was convicted of embezzling European Union (EU) funds. The charges centered on allegations that she used EU money to pay staff who were in fact working for her political party, the National Rally (RN), in France. Le Pen was sentenced to two years under house arrest while wearing an electronic ankle bracelet, and an additional two-year suspended sentence, and five years’ ineligibility for public office with immediate effect.

Could it be that Le Pen’s conviction was less about the alleged financial crimes and more about targeting her political beliefs?

The Political Weaponization of ‘Populism’

Marine Le Pen’s conviction and punishment reveal a disturbing trend: she appears to have been targeted not merely for alleged criminal wrongdoing, but primarily because she identifies as a populist.

For over a decade, France’s political establishment and mainstream media have deliberately used the term ‘populism’ as a broad-brush label to conflate right-wing politicians with neo-Nazis, racists, and all manner of bigotry. This tactic serves to delegitimize legitimate political dissent and to discredit the French public’s strong rejection of the hyper-liberal, globalist policies that have dominated Western Europe’s political landscape for decades. Since 2016, a year marked by Brexit and Donald Trump’s election, populism began to be recast in Western discourse as synonymous with authoritarianism, fascism, and threats to human rights.

In stark contrast, left-wing ideology has been consistently celebrated as the driver of socio-political progress since the Enlightenment. It is routinely associated with democratic values and the defense of universal human rights. Over the past decade, left-wing leaders—such as Canada’s former Prime Minister Justin Trudeau—have been praised as champions of liberty and equality, even when faced with accusations of anti-democratic behavior.

This political narrative has created a rigid spectrum in France’s media and political discourse: as one moves further to the right and embraces populism, they are portrayed as increasingly dangerous, immoral, and hostile to democracy. Conversely, those espousing left-wing and liberal views are cast as inherently virtuous defenders of freedom and justice.

As a result, populism is no longer viewed as a legitimate political viewpoint or alternative ethos but has been transformed into an existential enemy - a threat that must be completely eradicated, along with all its supporters, because it is deemed inherently evil and a danger to the very fabric of democracy.

Examples of Political Double Standards

France’s President Emmanuel Macron has described populism as spreading across Europe like a disease, urging Europeans to fight populists vigorously rather than criticize the actions of pro-European governments like his own. This rhetoric frames populism as a threat that must be aggressively confronted, regardless of democratic norms.

Similarly, the presiding judge in Marine Le Pen’s trial, Bénédicte de Perthuis, justified Le Pen’s harsh sentence by citing her “serious and lasting attack on the rules of democratic life in Europe… especially in France,” as well as the significant risk to public order that Le Pen and her politics supposedly pose.

Yet, when compared to other French and European politicians convicted of embezzlement or financial crimes over the past decade, Le Pen’s punishment stands out as uniquely severe. None of these other figures have been barred from political participation or stripped of their political rights.

For example, in 2020, France’s former Prime Minister François Fillon was sentenced to five years in prison—with three years suspended—for embezzling public funds. Despite this, he was not banned from political life. Likewise, Christine Lagarde, former Managing Director of the International Monetary Fund (IMF), faced a conviction for negligence linked to a controversial €400 million payment to a businessman in 2016 but avoided any jail time or significant penalty.

These glaring disparities highlight a troubling double standard: right-wing populists like Marine Le Pen face political exclusion and extreme legal consequences, while establishment figures often receive comparatively lenient treatment.

The Future of Pluralism

Marine Le Pen may be the most prominent figure caught in this trend, but she is far from alone. Over the past decade, leaders across Europe—including Italy’s Deputy Prime Minister Matteo Salvini—have faced legal action, often tied to their populist stance and political dissent.

These cases have ignited debate over whether such prosecutions uphold the rule of law or serve as tools to suppress ideological opposition. Le Pen’s conviction and severe sentencing signal a broader shift in France, where the legal system, media, and political class increasingly appear willing to sideline fundamental rights when confronting those branded as populists.

More troublingly, her case sets a precedent: challenging the prevailing liberal consensus may now come at the cost of one's civil liberties, all under the guise of safeguarding democracy.

With Le Pen barred from office, French voters face a critical choice. If they fail to reject Emmanuel Macron and his left-wing coalition in the upcoming election, they risk enabling the continued erosion of pluralism, dissent, and democratic freedom.

William Barclay

Political Theorist | Private Consultant

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