Last week, Germany’s chief prosecutor—Generalbundesanwalt Harald Lange—got himself fired. It’s a big enough deal to occupy the front pages and, in coming months and years, armies of administrative lawyers and scholars. The precise facts and circumstances are a bit murky, and the story is still unfolding. Enough is known, though, to invite some rule-of-law thoughts and a few cautious transatlantic comparisons and contrasts.
Technical prowess notwithstanding, US communications intelligence is dumb congenitally. In a previous column I explained that NSA’s use of sensitive antennas to capt the electronic spectrum, of supercomputers to record “the take,” and of sophisticated algorithms to search it suffer from the same deadly lack of quality control (counterintelligence) that afflicts human collection; moreover that elementary countermeasures reduce even the possibility of capting useful information. The latest revelations that the NSA has been listening to such as German Chancellor Angela Merkel’s private conversations as well as to Cardinals at papal conclaves highlight a more fundamental flaw, namely US government officials’ misunderstanding of intelligence, of the very reason for spying.
Germany goes to the polls this coming week. The German media are desperately trying to convey Spannung (meaning tension and urgency), and party apparatchiks here and there fret about the emoluments of their offices. However, the German voters are united with the rest of humankind in not giving a rip. Frau Merkel will continue to run Germany with this or that coalition. Her principal (Social-Democratic) opponent did well against her in a TV debate but hasn’t been able to think of any socialist demand that Mrs. Merkel’s nominally conservative government hasn’t already fulfilled or credibly promised to fulfill. The differences are about the reimbursement rates for dental care and about Bavaria’s plan to impose highway fees on foreigners—which, to Bavarians, means anyone outside barfing distance of a Munich beer tent. (And, no: none of this is a joke.)
I’m the first to celebrate boredom and civic disengagement—indicia of the rule of law, if not exactly its purposes. But then, this is Germany. If you’ve paid attention to the past millennium or so, you have to worry about what’s smoldering under the surface. Germany is a very large force among democratic nations, and the single largest force in the EU. Her place in the world ought to take front and center in an election—no? No.
Can we Accelerate Democracy with new information technologies and more transparent rule following and accountability? John McGinnis thinks we can and he stopped by Liberty Law Talk to discuss these ideas. Did the War of 1812 reveal the failure of Jeffersonian ideology? Stephen Knott argues that it did in our feature review essay of a new anthology on the War of 1812. Can you incorporate the Tenth Amendment? After Printz, what would be the point? So, has Angela Merkel been reading her Pierre Manent? Islam and the West: An Interview with Robert Reilly Something new on healthcare from the National Research Initiative at AEI: "[E]stablishing…
I’m going to ventilate, yet again and at the risk of further endangering the planet, over climate change—more precisely, the toll that the obsession has taken on our political institutions. Since everything is connected to everything else, I take the liberty of starting far afield—in Germany, and with a map: