Animal Farm Defense

Legal defense based on the Orwellian notion that “some are more equal than others.”

Philippe Naughton and Lucy Bannerman reported for The Times of London on the decision of Italy’s highest court to repeal a law granting the country’s prime minister, Silvio Berlusconi, immunity from prosecution:

The court had been asked to rule on a law passed by Mr Berlusconi as one of his first acts in government which protects the four most senior office-holders in the country from prosecution.

Specifically, the judges had been asked whether it violated a key principle of the constitution which states that all Italians are equal before the law.

In a hearing which began yesterday, Mr Berlusconi’s lawyers used what was quickly dubbed the “Animal Farm defense” after the motto in George Orwell’s novel “All animals are equal, but some are more equal than others.”

Gaetano Pecorella, one of four lawyers representing the billionaire politician at the hearing, told the court: “He is no longer ‘first among equals’, but ought to be considered ‘first above equals.’”

Another, Niccolo Ghedini, added: “The law is equal for everyone, but not always in its application.”

Revealing that he had already spent almost 200 million euros ($300 million) on legal fees, and made some 2,500 appearances in court, Mr Berlusconireacted with characteristic defiance to the failure of his Animal Farm defense and the withdrawal of his immunity:

“In my opinion, and not only mine, I am the best prime minister we can find today. … I don’t see any problem for the country, for the government or for me besides the fact that I will have to take some time out of my work [to attend trials]. … I am without doubt the person who’s been the most persecuted in the entire history of the world and the history of man.”