Carlo Taormina

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"I worked for Berlusconi for years, I know his strategies. When I was his legal advisor and asked me to write him laws that protect him from the judiciary, it made no secret of their purpose ad personam. And I wrote them even better than they do now Ghedini and Pecorella. The one on legitimate suspicion, it seems to me, was in 2002, he needed to move his processes from Milan to Rome. He asked us openly and we, faithful executors of the prince's will, began to write it. And we also did a nice job, I have to say: it seemed all right. Then one evening in late October, around 11, a call from Ciampi arrived. I told Berlusconi that with that change it would no longer be of any use. He thought about it for a while and then replied: 'In the meantime, let's do it like that, then we'll see.' I was right: in fact the law passed with those changes and it didn't help him." [15]

Retirement from politics

In 2003, Taormina was the chairman of the parliamentary commission of inquiry into the death of Ilaria Alpi and Miran Hrovatin; at that time, his involvement aroused controversy when he was accused of having used investigative powers to control the work of the other commission based at the time in Palazzo San Macuto. This commission was working on the Telekom Serbia affair, of which he was also a member. [1] He said: "The time has come for Prodi, Fassino, and Dini to suffer the consequences of the most devastating corruption that has ever been consumed in the history of the Republic and the Judicial offices must also behave accordingly by arranging these characters for arrest." [17] The Alpi affair and Taormina's role continued to attract controversy into the 2010s, [18] [19] [20] and he made an appearance as an animated character in the 2016 animated film Somalia94 – The Ilaria Alpi Affair by Marco Giolo and published by Dynit. [21] In September 2003, following the investigations of La Repubblica , [1] Taormina made amends and announced his withdrawal from political life, although he remained in the Italian Parliament for the remainder of the legislature until 2006. [22] He said: 

"I confess, I am the puppeteer, the puppeteer of this whole affair, I declare myself by competition in slander with Paoletti, Marini, and Pintus. [I] created difficulties for Forza Italia and Berlusconi. [It is therefore right] that I withdraw from political life. I made a serious mistake, and this is an open confession, it is right that I make public amends; I acknowledge that Repubblica is equipped with top-ranking journalists. I am making a serious announcement, I will resign as a deputy in the next few days. Through the various processes indicated by Repubblica and for my relationships with characters such as D'Andria, Fracassi, Di Bari, and also Francesco Pazienza, all connected by the collective imagination to diverted secret services and to international scams and money laundering, I managed to reach the aim to put the Telekom Serbia Commission to be subject to a poisoned meatball. I take all responsibility for characters who by calling into question Prodi, Dini, and Fassino have seriously slandered them; and I accuse myself of competition in slander, although I hope that Repubblica will do the same, because while I accuse myself I would like to know from D'Avanzo and Bonini who their puppeteers of the time were and to whom they are now serving. Repubblica is right, I can't sue!" [23]

Legislative activity

Taormina presented several bills as the first signatory, mainly in the legal-procedural field, including: [24]

As a co-signer, Taormina presented proposals related to different topics (euthanasia, soft drugs, prostitution, death penalty, civil unions, and same-sex marriage):

Post-retirement activities

On 7 November 2008, Taormina founded Italy League, a movement chaired by Taormina himself, [25] with which he ran for the presidency in the 2010 Lazio regional election and the 2016 Italian local elections. [26] [27] He called Italy League for a "national liberation government for state reforms". [5] In 2009, Taormina launched himself against Beppino Englaro and the magistrates of Udine for allowing death by Eluana Englaro, announcing a premeditated murder complaint. [28] [29] Taormina opposed the bill on the short trial, calling it "shameful, criminal, criminogenic, and ridiculous". [30] According to Taormina, Berlusconi pressed for the approval of the short trial as a threat to raise the price and obtain the law on the legitimate impediment. This rule, which according to Taormina is "clearly unconstitutional" in that "the precondition for impediment is a charge", is explicitly temporary to allow the approval of the Lodo Alfano as a constitutional law. [15] In 2011, Taormina was appointed prince regent of Filettino, a municipality in the Frosinone area whose mayor, in reaction to the decision to cut the number of comuni as part of the financial budget law of the fourth Berlusconi government, started a secessionist movement. [31] About the financial budget law of the Monti government in 2012, Taormina declared that he agreed with the Northern League's criticism. [32] In an interview with the radio program La Zanzara in 2013, Taormina replied that the greatest criminal he had defended was a former Christian Democracy member of Parliament that by then was no longer in politics. [33] In 2017, Taormina was one of the many signers of the appeal of the newspaper Il Tempo asking for release, with postponement and suspension under penalty of health reasons, in favour of the former parliamentarian Marcello Dell'Utri, who was sentenced for external competition in mafia association and other crimes minors. [34]

On 7 March 2016, Taormina announced that he had joined the Five Star Movement (M5S), [35] [36] [37] which he had already supported in the 2014 European Parliament election in Italy. [1] In a Facebook post, Taormina wrote: "After having always voted and supported M5S, yesterday I formalized my membership in the movement to make a contribution to the only political force legitimized to overthrow this Renzusconian regime [a play of word between the then Italian prime minister Matteo Renzi and Berlusconi]. I will be able to do little but I will do everything for that little." [38] He later further specified that he did not want to return to active politics and preferred to continue his career as a lawyer, supporting Beppe Grillo's movement as a private citizen. [1] On 26 March 2016, Taormina attacked the Democratic Party deputy Diana De Marchi, saying: "De Marchi, go to ISIS to get raped a bit, don't worry, it's a sacrifice for integration. What the hell is she saying! She gets a little raped if she likes integration. Go, it's good for you... Cheat on your husband and get pregnant!" [39] [40] [41] In 2017, Taormina took part to Italia a 5 Stelle, [42] [43] the official festival of the M5S, being contested by some activists. [1] Following the birth of the second Conte government in 2019, Taormina left the M5S, opposing the alliance with the Democratic Party. [1] In 2020, Taormina filed a complaint against the second Conte government for its alleged failure to apply timely prophylactic action against the COVID-19 pandemic in Italy. [44]

On 14 December 2020, Taormina announced the birth of a new political entity, Free Italy, which was joined by New Force militants including Giuliano Castellino, [45] some militants who had left the M5S, and exponents of No Mask and the Orange Vests of the former Carabinieri general Antonio Pappalardo. [46] [47] On 12 October 2021, Taormina was the lawyer for the five arrested, including the two leaders of New Force, following attacks that took place in a No Green Pass demonstration in which he was also present. Although he was vaccinated, Taormina opposed the Green Pass. In an interview to La Stampa , he defined Free Italy "a sort of national liberation government for state reforms. And it is certainly not a left-wing organization." [48] On 2 August 2022, Taormina announced his candidacy in Lazio for the 2022 Italian general election with South calls North, [1] the political party of Cateno De Luca. [49] In 2023, he defended the lawyer Alessandra Demichelis, who had been suspended for 15 months by the district disciplinary council of the Order of the Lawyers due to the pics she published on Instagram. [50] [51] Taormina said that "the private sphere is sacred" and commented: "Cicciolina was a member of Parliament, and outside she was a pornstar; Berlusconi was Prime Minister and went bunga bunga in the evening." [52] [nb 1] When Berlusconi died in June 2023, Taormina put him alongside Italy's most famous statesmen, such as Alcide De Gasperi, Aldo Moro, Giulio Andreotti, and Bettino Craxi. About Forza Italia, Taormina stated that Berlusconi never considered it a party, and that it had a political culture where even communists had a voice and that Berlusconi never hated communists. He further stated that he did not regret the ad personam laws, saying: "They were self-defense in the face of the judges' intolerable games." [53]

Association football commentary

Since 2007, Taormina participates as an association football commentator on the sports broadcast Il processo di Biscardi , [54] [55] distinguishing himself both for his AS Roma faith and for his aversion to Juventus. [1] [nb 2] He lamented in 2007 that football was doing everything wrong. He said: "The world of football is really strange: when it suits it, it considers itself a private organization and therefore claims the arbitration clause and that one of its members cannot sue anyone without authorization, finally it wants to implement arbitral justice like in Calciopoli , even if to define it as such is really too much given how the matter was administered, with the arbitration almost eliminating the previous sentences. Laugh out loud stuff. On the one hand they want to be a closed system, then suddenly they demand that the police force guarantee security. Instead they should pay the costs themselves to ensure order, even if this does not mean inattention on the part of the state." [60] About capital gains in football, he stated: "Administrative doping has always existed, it is a normal practice of football clubs, recently they have published the names of unknown players valued in millions and millions. I have known this story since the 1980s when I was on the boards of directors. Inter has a deficit of 6−700 billion of the old lire and continues to spend and squander. False accounting, such as invoicing of non-existent transactions or inflating prices, is a recurring practice of all entrepreneurs and football is no exception." [60] He claimed to have foreseen Calciopoli and was also the lawyer of Franco Sensi, who spoke of a criminal association in football. [61]

In 2008, Taormina said that, as a lawyer, the actions of Juventus lawyer Cesare Zaccone, who had told the judge Cesare Ruperto that relegation to Serie B was appropriate punishment (although in reality Zaccone merely meant to say that Juventus did not deserve any punishment further than the other clubs, all of which were eventually saved from relegation, his actions came to be seen an guilty admission or plea deal request) as "very serious". He further stated: "If there had been a malicious act, we would have called it unfaithful patronage." [62] [nb 3] In 2011, Taormina presented a denounce to Rome's Public Prosecution Office, alleging match fixing in association football. [63] In 2014, Taormina had a diatribe with an imitator of Luciano Moggi during the radio program La Zanzara . [64] [65] [nb 4] In 2019, Taormina defined himself an enemy of Juventus, and defended the club's ultras in the Last Banner inquiry about their pressure on the club to have tickets and season tickets and on the private violence towards other fans. [67] [68] [nb 5] He exited from the legal team before the first-instance trial, which resulted in six convictions and six acquittals. Taormina was denounced for defamation by Alberto Pairetto, who had denounced the behavior of the club's ultras, due to Taormina's words about his father Pierluigi Pairetto. According to Pairetto's lawyer Maria Turco, Taormina's words were defamatory because they implied that he is able to influence the results of the matches due to his brother being a referee and thus explaining the alleged refereeing favours that Juventus would be rewarded with. [70] [71] [nb 6]

In March 2024, Taormina commented on the Francesco Acerbi–Juan Jesus racist case, saying that he was not surprised, and explained: "The [Italian Football] Federation's position on the subject has always been very reliable, the first actions had already made it clear that we would move towards this line. Even Spalletti, who worked with the Napoli defender for many years, said he believed the Inter centre-back's story. I am amazed at those who are stunned by the federal president's declarations." [72] Acerbi, who had apologized to Jesus but then retracted, was acquitted due to a lack of evidence, although Serie B and Serie C's precedents pointed to at least a 10-match ban even with lack of evidence, [nb 7] and two rulings from the Italian Football Federation's supreme court (the National Federal Tribunal), including a united section one, held that it is sufficient to believe the victim as long as their testimony is credible. [nb 8] Taormina commented: "The assessment of Acerbi's non-disqualification was not appropriate. We needed to make a rule that allowed us to be more flexible, not just 10 [missed] matches. You can't say that nothing happened because something happened, a way had to be found to reconcile the various needs. They handled the thing as if nothing had happened, while Acerbi instead behaved like a racist without him intending to be." [73]

Judicial processes

Despite having supported liberal opinions like the institution of homosexual civil unions during his political activity, [1] Taormina made some controversial statements to La Zanzara in 2013, saying that he did not want to hire homosexual collaborators in his office. [74] [75] [nb 9] The Bergamo Labour Court, following the appeal filed by the Advocate Association for LGBTI Rights – Lenford Network considered that Taormina's expressions were, as discriminatory towards homosexuals, suitable to dissuade certain subjects from submitting their candidacies to professional study and therefore likely to hinder their access to work or make it more difficult, in violation of the rules protecting equal treatment in terms of employment and working conditions. [1] For this reason, Taormina was sentenced on 6 August 2014 to pay €10,000 as compensation for damages. [77] [78] Following the sentencing, he challenged the measure on freedom of expression grounds, [79] asking for its reform to the Brescia Court of Appeal, which rejected his appeal on 23 January 2015, [nb 10] and confirmed the first instance measure sentence of 11 December 2014. [80] [81] [82] He subsequently presented a further appeal to Italy's Supreme Court of Cassation, which involved the Court of Justice of the European Union after the Supreme Court of Cassation asked whether such a homophobic statement constitute discrimination in access to work. [83] [84] On 23 April 2020, the Court of Justice of the European Union confirmed the conviction and the payment of €10,000 in compensation. [85] [86] [87]

Personal life

Taormina is married to Celestina Del Signore. [1] In 2022, after more than forty years of civil union, the two married under the Catholic rite. [88] On 28 May 2009, Taormina was the victim of a €2.3 million theft (jewels and cash money) in his villa . The Supreme Court of Cassation annulled the acquittals in the first two instance trials and called for a new trial. [89] [90] [91]

Notes

  1. ↑ Taormina described the ethical rules of the bar association as "antiquated and obscurantist, a thousand miles away from social networks and the Republican Constitution", and told Corriere della Sera that "the provision of the district disciplinary council makes a generic, standardized reasoning, without saying why it leads to 15 months of suspension." [51] According to Taormina, there should be a clear line between professional activity and private life, and the rules must be review "in the world governed by social media". As for the pics considered inadequate, he said: "But doesn't anyone grasp the satirical and ironic effect of certain photos? What if I want to joke or do burlesque in the evening? Are we kidding? We can discuss taste, not principles." [51] He further commented: "To tell you how things are going: in Rome, a lawyer had clients pay him in cocaine, got a censure, and ten days later I found him in a courtroom. Another, arrested, two months suspended." [51]
  2. ↑ Taormina is considered an antijuventino, [56] and his adversion to Juventus was particularly evident in 2014 and 2015 when Roma fought for the scudetto . He attacked Juventus coach Antonio Conte and praised Roma coach Rudi Garcia. [57] Although Juventus set the 102-point record in 2014 and Roma was in both occasions the runner-up 17 points behind, Taormina lamented: "Juventus is a thief, as always. The referees deserve to go to jail." [58] After Juventus beat Roma 3–2, he further lamented: "Three thefts against two goals. From today the teams playing against Juve should stay still on the pitch. [Juventus] will win the league and the next one they will do it alone. At least they won't steal. ... I'll report [the referee] Rocchi. We need to get a machine gun." [59]
  3. ↑ The lawyer or technical consultant who, by being unfaithful to his professional duties, causes harm to the interests of the party defended, assisted, or represented by them before the judicial authority or the International Criminal Court is considered a crime since 1930 in the Italian Penal Code. See "Art. 380 codice penale − Patrocinio o consulenza infedele". Brocardi.it (in Italian). 2 March 2024. Retrieved 29 March 2024.
  4. ↑ Taormina had said: "Everyone thinks what they think and takes responsibility for doing so, including me. Sports justice says that Juve, in football, is not an example to follow, and they didn't get to Serie B by chance. Whether you, Moggi, have anything to do with it or not doesn't matter to me. Indeed, I have always defended you when people talked about you, I consider you a serious and polite person." [66] Reminding Taormina that both sports and ordinary justice deemed the leagues to be regular and that there was no match-fixing, the Moggi imitator said: "I'm tired of always hearing and reading the same things that aren't true, we always talk about Moggi and Juventus, but Calciopoli is an invention, there are no [criminal] conspiracies, there are no corrupt referees, and I have never fixed matches. The term thief was used and it's not okay. You think about defending your clients and Roma, instead, which is indefensible." [66]
  5. ↑ In 2018, Taormina criticized the unrelated conviction of former Juventus player Vincenzo Iaquinta. Although he later sided with the ultras, Taormina had initially defended Juventus, saying: "Frankly, I think I can break a spear in favour of Juve because these are people who don't look at anyone when they act. [On strict liability] The blackmail is all there. Since in Italy personal responsibilities are very difficult to identify, then there is this thing of objective liability which is something that still spreads and governs a lot in sports, especially in football." [69] One of the ultras Tormina defended was Umberto Toia, who had been convicted. Taormina said: "I went to see him [in prison] and he was bitter, because he had relations with Pairetto. Let's appeal to the Supreme Court and try to get him out." [67] He also questioned the 7 July 2016 suicide of Bucci, another Juventus ultras, saying: "I'll go all out on Bucci because it doesn't add up to me, and it's a story that is intertwined with what happened. If you kill yourself before talking to the prosecutor that's one thing, but if you do it after, what does it mean? I have very strong doubts. There are swellings that do not coincide with the hypothesis of suicide." [67]
  6. ↑ Taormina had said: "I was surprised by the presence of Pairetto, son and brother of so many referees within Juventus and I didn't think it could go this far. I, who have always screamed about refereeing advantages, have finally found objective confirmation." [71]
  7. ↑ See "'Vai via nero, sei solo un negro': perché Acerbi è stato assolto per gli insulti razzisti a Juan Jesus". Today.it (in Italian). 26 March 2024. Retrieved 29 March 2024.
  8. ↑ The 2024 sentence contrasted with precedents in both general and discriminatory cases. In 2012 and 2023, Antonio Conte and Juventus were convicted for betting and capital gains, respectively, under the guise of "couldn't not know" and without clear evidence that was instead required for the Francesco Acerbi–Juan Jesus racist case. In the 2020 and 2021 racist cases, the National Federal Tribunal had ruled: "[2020] Developing a logical reasoning, it seems likely that there is no other plausible reason suitable to justify the players' reaction other than that of having heard an certainly serious and offensive sentence. Furthermore, absolute certainty of the commission of the offense is not necessary, nor is it necessary to overcome reasonable doubt, but a lower degree of certainty is sufficient. ... [2021] The contested fact can be considered proven even if the evidentiary framework is formed only by the declarations of the injured person, provided that its reliability is subjected to positive scrutiny." See Galosso, Daniele (28 March 2024). "Caso Acerbi e l'altra giustizia sportiva: Juve, Conte e le condanne senza prove". Tuttosport (in Italian). Retrieved 2 April 2024. The reliability of Juan Jesus was never put in doubt in the 2024 sentence. See "'Vai via nero, sei solo un negro': perché Acerbi è stato assolto per gli insulti razzisti a Juan Jesus". Today.it (in Italian). 26 March 2024. Retrieved 29 March 2024.
  9. ↑ Taormina had said: "Gays have physical and mental anomalies, the majority of people think so. Homosexuals are abnormal, they have physical and genetic anomalies. ... I believe that we can know before birth, because there are genetic anomalies. ... Why do you have to impose your opinion on me, I think so and I won't let it shut my mouth. Some things disgust me. I have a crisis of rejection, I feel like vomiting. It disgusts me to see two people of the same sex doing dirty things. Relationships between men disgust me, they are sick people. However, as long as they don't bother others... [to the question: what if he had a gay son?] It would be an insurmountable tragedy. Of course violence cannot be exercised, resignation is needed. If he finds a separate residence I'm fine with that. Kick him out? I would put him in a position to live in another house, not in my house. It has its habits, its needs and its acquaintances. I wouldn't allow it. At my house no no. ... public opinion is heterosexual, there is no doubt. We are not all in the same conditions." [76]
  10. ↑ For the sentence, see "Sentenza n. 529/2014 pubbl. il 23/01/2015" (PDF). Articolo29. 23 January 2015. Retrieved 29 March 2024.

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Sports proceedings began soon after Calciopoli, an association football scandal, was made public in May 2006. In July 2006, the Italian Football Federation's (FIGC) Federal Court of Justice started the sports trial. Juventus was relegated to Serie B with points-deduction, while other clubs only received points deductions. Most of implicated club's presidents and executives, as well as referees, referee designators, referee assistants, and FIGC higher-ups were initially proposed to be banned for life but only Juventus CEO Antonio Giraudo and Juventus general director Luciano Moggi were confirmed to be banned for life. Two criminal trials took place in Naples, the first related to Calciopoli proper, while the second involved consultancy company GEA World, which was alleged to hold power over all transfers and Italian football players and agents; all defendants were acquitted of the stronger charges. The Naples trial resulted in Calciopoli bis, which implicated almost every Serie A club, including Inter Milan, to which it was awarded the 2006 scudetto. Moggi's legal defence attempted to present those new developments at the Naples court but they were refused because the court ruled that it was there to determinate whether Moggi's lifetime ban should be confirmed and the gravity of his actions, as was sentenced in the controversial 2006 sports trial.

<span class="mw-page-title-main">Guido Rossi</span> Italian jurist, laweyer, and politician (1931–2017)

Guido Rossi was an Italian jurist, lawyer, and politician.

References

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Carlo Taormina
Carlo taormina (1).JPG
Undersecretary of State of the Ministry of the Interior
In office
11 June 2001 –5 December 2001
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