Spiegel scandal
Encyclopedia
The Spiegel Affair of 1962 was one of the major political scandals in Germany
in the era following World War II
.
The scandal involved a conflict between Franz Josef Strauss, then Federal Minister of Defense, and Rudolf Augstein
, owner and editor-in-chief of Der Spiegel
magazine, Germany
's leading weekly political magazine
. The affair would cost Strauss his office and put, according to some commentators, the postwar German democracy to its first major test.
in favor of the FIBAG construction company
, which had received a contract for building military facilities. However, a parliamentary enquiry then found no evidence against Strauss.
The quarrel then escalated when Der Spiegel, in its October 8, 1962, issue, published an article called "Bedingt abwehrbereit" ("prepared for defense to [a] limited extent"), about a NATO maneuver called "Fallex 62". The piece uncovered the sorry state of the Bundeswehr
(Germany's army) facing the communist threat from the east. At that time, the army had been given the grade "prepared for defense to only a limited extent", the lowest possible NATO-grade.
The magazine was accused of treason
. At 9 p.m. on October 26, 1962, the magazine's offices in Hamburg
were seized and (together with the houses of several journalists) searched by 36 policemen, and thousands of documents were confiscated. The offices would remain shut down for weeks. Augstein and the then-editors-in-chief Claus Jacobi and Johannes Engel were arrested. The author of the article, Conrad Ahlers, who was vacationing in Spain
, was seized in his hotel during the night. Augstein would be jailed for 103 days.
Federal Chancellor Konrad Adenauer
was informed of Strauss' actions. However, Wolfgang Stammberger
, the Minister of Justice, belonging to the smaller coalition party FDP, was deliberately left out of all decisions. The injustice of the arrest caused riots and protest throughout Germany. Strauss initially denied all involvement, even before the Bundestag
: Adenauer, in another speech, famously complained about an "abyss of treason" ("Abgrund von Landesverrat").
Strauss was finally forced to admit that he had phoned the German military attaché in Madrid
and urged him to arrest Ahlers. This was clearly illegal — as Minister of the Interior Hermann Höcherl
famously paraphrased, "etwas außerhalb der Legalität" ("somewhat outside of legality"). Since Strauss had lied to the parliament, on November 19, the five FDP ministers of the cabinet resigned, demanding that Strauss and Volkmar Hopf be fired. This put Adenauer himself at risk. He found himself publicly accused of backing the suppression of a critical press with the resources of the state.
On May 13, 1965, the Bundesgerichtshof
(highest German court of appeals
) refused to open trial against Augstein and Ahlers, ruling that during the affair Strauss had violated the boundaries and committed Freiheitsberaubung (deprivation of personal freedom); however, because of his belief of acting lawfully (Verbotsirrtum), he was exempt from punishment. The case also came before the Federal Constitutional Court of Germany
, which issued a groundbreaking ruling that laid down the basics of the freedom of the press
for decades to come.
The scandal temporarily halted Strauss' political career and was remembered by many when Strauss ran for Bundeskanzler in 1980, clearly losing against his SPD
opponent (and incumbent) Helmut Schmidt
. However, it is mostly remembered for altering the political culture of post-war Germany and — with the first mass demonstrations and public protests — being a turning point from the old Obrigkeitsstaat (authoritarian state) to a modern democracy.
Rudolf Augstein became one of International Press Institute
's 50 Hero of World Press Freedom laureates in 2000 for his role in the Spiegel scandal.
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
in the era following World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
The scandal involved a conflict between Franz Josef Strauss, then Federal Minister of Defense, and Rudolf Augstein
Rudolf Augstein
Rudolf Karl Augstein was one of the most influential German journalists, founder and part-owner of Der Spiegel magazine....
, owner and editor-in-chief of Der Spiegel
Der Spiegel
Der Spiegel is a German weekly news magazine published in Hamburg. It is one of Europe's largest publications of its kind, with a weekly circulation of more than one million.-Overview:...
magazine, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
's leading weekly political magazine
Magazine
Magazines, periodicals, glossies or serials are publications, generally published on a regular schedule, containing a variety of articles. They are generally financed by advertising, by a purchase price, by pre-paid magazine subscriptions, or all three...
. The affair would cost Strauss his office and put, according to some commentators, the postwar German democracy to its first major test.
Course
Minister Strauss and editor Augstein had already clashed a year earlier, when, in 1961, Spiegel raised accusations of briberyBribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
in favor of the FIBAG construction company
Fibag scandal
The Fibag scandal was in 1961/1962 a German political scandal around minister of defense Franz Josef Strauss, which, together with the Starfighter scandal and the Spiegel scandal, led to Strauss' demission as defense minister and halted his political career at least temporarily.In 1961, the weekly...
, which had received a contract for building military facilities. However, a parliamentary enquiry then found no evidence against Strauss.
The quarrel then escalated when Der Spiegel, in its October 8, 1962, issue, published an article called "Bedingt abwehrbereit" ("prepared for defense to [a] limited extent"), about a NATO maneuver called "Fallex 62". The piece uncovered the sorry state of the Bundeswehr
Bundeswehr
The Bundeswehr consists of the unified armed forces of Germany and their civil administration and procurement authorities...
(Germany's army) facing the communist threat from the east. At that time, the army had been given the grade "prepared for defense to only a limited extent", the lowest possible NATO-grade.
The magazine was accused of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
. At 9 p.m. on October 26, 1962, the magazine's offices in Hamburg
Hamburg
-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...
were seized and (together with the houses of several journalists) searched by 36 policemen, and thousands of documents were confiscated. The offices would remain shut down for weeks. Augstein and the then-editors-in-chief Claus Jacobi and Johannes Engel were arrested. The author of the article, Conrad Ahlers, who was vacationing in Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, was seized in his hotel during the night. Augstein would be jailed for 103 days.
Federal Chancellor Konrad Adenauer
Konrad Adenauer
Konrad Hermann Joseph Adenauer was a German statesman. He was the chancellor of the West Germany from 1949 to 1963. He is widely recognised as a person who led his country from the ruins of World War II to a powerful and prosperous nation that had forged close relations with old enemies France,...
was informed of Strauss' actions. However, Wolfgang Stammberger
Wolfgang Stammberger
Wolfgang Stammberger was a German jurist and politician. He served as German Minister of Justice from 1961 to 1962....
, the Minister of Justice, belonging to the smaller coalition party FDP, was deliberately left out of all decisions. The injustice of the arrest caused riots and protest throughout Germany. Strauss initially denied all involvement, even before the Bundestag
Bundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...
: Adenauer, in another speech, famously complained about an "abyss of treason" ("Abgrund von Landesverrat").
Strauss was finally forced to admit that he had phoned the German military attaché in Madrid
Madrid
Madrid is the capital and largest city of Spain. The population of the city is roughly 3.3 million and the entire population of the Madrid metropolitan area is calculated to be 6.271 million. It is the third largest city in the European Union, after London and Berlin, and its metropolitan...
and urged him to arrest Ahlers. This was clearly illegal — as Minister of the Interior Hermann Höcherl
Hermann Höcherl
Hermann Höcherl was a Nazi politician, volunteer Wehrmacht soldier and after the war German politician of the Christian Social Union of Bavaria ....
famously paraphrased, "etwas außerhalb der Legalität" ("somewhat outside of legality"). Since Strauss had lied to the parliament, on November 19, the five FDP ministers of the cabinet resigned, demanding that Strauss and Volkmar Hopf be fired. This put Adenauer himself at risk. He found himself publicly accused of backing the suppression of a critical press with the resources of the state.
Conclusion
On November 26, the police ended its occupation of the Spiegel offices, while Augstein, Ahlers and three others remained under arrest — Augstein until February 7, 1963. In December 1962, Adenauer formed a new cabinet without Strauss (and Stammberger).On May 13, 1965, the Bundesgerichtshof
Federal Court of Justice of Germany
The Federal Court of Justice of Germany in Karlsruhe is the highest court in the system of ordinary jurisdiction in Germany. It is the supreme court in all matters of criminal and private law...
(highest German court of appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
) refused to open trial against Augstein and Ahlers, ruling that during the affair Strauss had violated the boundaries and committed Freiheitsberaubung (deprivation of personal freedom); however, because of his belief of acting lawfully (Verbotsirrtum), he was exempt from punishment. The case also came before the Federal Constitutional Court of Germany
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
, which issued a groundbreaking ruling that laid down the basics of the freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
for decades to come.
The scandal temporarily halted Strauss' political career and was remembered by many when Strauss ran for Bundeskanzler in 1980, clearly losing against his SPD
Social Democratic Party of Germany
The Social Democratic Party of Germany is a social-democratic political party in Germany...
opponent (and incumbent) Helmut Schmidt
Helmut Schmidt
Helmut Heinrich Waldemar Schmidt is a German Social Democratic politician who served as Chancellor of West Germany from 1974 to 1982. Prior to becoming chancellor, he had served as Minister of Defence and Minister of Finance. He had also served briefly as Minister of Economics and as acting...
. However, it is mostly remembered for altering the political culture of post-war Germany and — with the first mass demonstrations and public protests — being a turning point from the old Obrigkeitsstaat (authoritarian state) to a modern democracy.
Rudolf Augstein became one of International Press Institute
International Press Institute
International Press Institute is a global organisation dedicated to the promotion and protection of press freedom and the improvement of journalism practices. Founded in October 1950, the IPI has members in over 120 countries....
's 50 Hero of World Press Freedom laureates in 2000 for his role in the Spiegel scandal.