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Former Constitutional Judge Sceptical
Hans-Joachim Jentsch, a German Constitutional Court judge from 1996 to 2005, reacted demurely to the announcement
from the left and the Greens that they intend to seek enforcement of the subpoena of former NSA employee Edward
Snowden to appear before the
Bundestag’s NSA Investigation Committee
under a case filed in Karlsruhe. Quoted in the
Frankfurter Rundschau
(Saturday edition, 25/10/14), Jentsch said: “I am rather sceptical about this, as it depends strongly on weighing
one right against another – i.e. the right of the (Bundestag) members to an explanation and the right and
obligation of the Federal Government to prevent damage to the country in a way that does not harm the interests
of associated states. And this obligation weighs relatively heavy.” Jentsch added: “Since this involves precedent,
it is difficult to predict. But I think the chances of success are not very high for this case.” Constitutional
Judge Ulrich Battis expressed a similar opinion to the newspaper: "The Government could guarantee Snowed safe
conduct but that would be an affront to the United States. That's why I would rather expect the case to be
dismissed."
What is open to question here is whether the Federal Government appoints someone as a constitutional judge and
perhaps then allows him to say what Angela Merkel cannot say as head of state – as in the case of
Hans-Jürgen Papier,
who is anti-grassroots, although his comments were on another issue. It cannot be that the guardians of the
Constitution and senior judges, who represent the interests of the people, buckle before the
self-proclaimed world police of the U.S..
This shows how much the government and the instruments of state power it controls, which are supposed to safeguard
the people, the rule of law and democracy, can break down. Representation of the people is now the same as
party dictatorship.
This practice also attests to the Government's efforts to
ennoble an unethically formed Constitution
for an
undemocratic system
that completely alienates the people, is far removed from any sense of justice of the people, and instead of
protecting the German people, protects another state power that controls the German people. This is obviously
incomprehensible.
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