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Given that Maas apparently intented to kill the Gutachten on Friday, I think it's fair to assume that the investigation is not continuing or even merely paused.

by DasIch 11y ago

Given that Maas apparently intented to kill the Gutachten on Friday, I think it's fair to assume that the investigation is not continuing or even merely paused. It's definitely dead now. The next prosecutor would have to be extraordinarily stupid to get involved in this affair any further than required to put an official stop to the investigation.

vog 11y ago
Still, it is interesting that even German media keep talking about the "pause" that never existed. I really hope that the investigation will be dropped officially. If it will mere be discontinued and put on ice, this would have a really bad psychological effect on Markus and André. Even if it is 99.999% sure that they won't face any repression, having the investigation dropped would be a clear cut, and enable them to be truly relieved.
- thaumasiotes 11y ago
  What's the difference between discontinuing it and dropping it? If it's officially dropped, does that prevent a later prosecutor from restarting it? In the US you'd need a declaratory judgment to deal with the threat of "legal action at some later point". But I think that's a civil law concept -- I have no idea how that would go in criminal law.
rostigerpudel 11y ago
The Generalbundesanwalt (Public Prosecutor General, GBA) is a civil servant bound by his superior's orders. That is why he can always be retired instantly by the Minister of Justice (§54 BBG). So yes, it is extraordinarily stupid for a GBA to against his orders. In this case, however, I think Range actually wanted to be retired. He has taken so much fire over his apparently incompetent statements relating to NSA spying (among others he confused NSA and NASA on multiple occasions) that he probably wanted to get out of what is otherwise a fairly quiet job. In particular since there is pretty much nothing to gain anymore in this case.
- DasIch 11y ago
  I completely agree. Range has completely mishandled the NSA situation but he isn't stupid. It's obvious that this would get him retired and doing it this way was decent attempt at stopping this whole affair and does his colleagues a favor.

by DasIch 11y ago

vog 11y ago

Still, it is interesting that even German media keep talking about the "pause" that never existed. I really hope that the investigation will be dropped officially. If it will mere be discontinued and put on ice, this would have a really bad psychological effect on Markus and André. Even if it is 99.999% sure that they won't face any repression, having the investigation dropped would be a clear cut, and enable them to be truly relieved.

thaumasiotes 11y ago
What's the difference between discontinuing it and dropping it? If it's officially dropped, does that prevent a later prosecutor from restarting it? In the US you'd need a declaratory judgment to deal with the threat of "legal action at some later point". But I think that's a civil law concept -- I have no idea how that would go in criminal law.

rostigerpudel 11y ago

The Generalbundesanwalt (Public Prosecutor General, GBA) is a civil servant bound by his superior's orders. That is why he can always be retired instantly by the Minister of Justice (§54 BBG). So yes, it is extraordinarily stupid for a GBA to against his orders. In this case, however, I think Range actually wanted to be retired. He has taken so much fire over his apparently incompetent statements relating to NSA spying (among others he confused NSA and NASA on multiple occasions) that he probably wanted to get out of what is otherwise a fairly quiet job. In particular since there is pretty much nothing to gain anymore in this case.

DasIch 11y ago
I completely agree. Range has completely mishandled the NSA situation but he isn't stupid. It's obvious that this would get him retired and doing it this way was decent attempt at stopping this whole affair and does his colleagues a favor.