Chemnitz, Germany (Special to Informed Comment; Feature) – Germany and the United States have very different political cultures, but also some similarities. They are both federal states and have seen in recent times how their political future could be partly decided in courts of law. In the US, former President Donald Trump is currently facing a mountain of legal cases that could still prevent him from running for president once again next November. This, however, appears increasingly unlikely after the US Supreme Court decided on March 4 that Trump would not be removed from the presidential ballot by a state court.
The court was unanimous in determining that neither Colorado – which had banned Trump from the ballot – nor any other US state is qualified to decide on the eligibility of a presidential candidate. Furthermore, a majority opinion coming from the five conservative judges – three of them nominated by Trump himself – determined that only the US Congress can disqualify an individual from running for office on the grounds of insurrection.
This majority opinion, the three progressive judges in the minority warned, risked closing the door to any possible future US Supreme Court decision to ban an insurrectionist from becoming President. An indictment against Trump for his role in inciting the attack on the Capitol on January 6, 2021, is still possible but the Supreme Court would probably not act on it.
On the other side of the Atlantic, in Germany, media attention is focused on a judicial proceeding taking place in Münster, a city in the West of the country. At the core of the dispute, we find the far-right party “Alternative für Deutschland” (Alternative for Germany or AfD) and the “Bundesamt für Verfassungsschutz” (Federal Office for the Protection of the Constitution or BfV), a domestic intelligence agency that has no clear counterpart in other European countries.
The agency’s role is to police anti-constitutional extremism. The BfV, however, has often been unable or unwilling to fulfill this vital task. From 2012 to 2018, when the president of the agency was Hans-Georg Maaßen, the AfD – founded in 2013 – grew more powerful and more radical. Maaßen recently founded a right-wing party called “Werteunion” (Values Union) that is willing to reach agreements with the AfD and embraces part of its agenda.
In 2021, the BfV determined that the AfD merited the category of “suspected case of far-right extremism.” The far-right party appealed against the decision and the case has dragged on until now. The hearing in Münster is the second and last appeal. The AfD is likely to lose the appeal, but that would not imply its illegalization. A win for the BfV would bring further rights to investigate and surveil the activities of the party.
Both Trump and the AfD have been following the same legal strategy when forced to appear before the courts: delay, delay, and, if possible, delay even further. CNN reporter Stephen Collinson notes that Trump “appears to want to also forestall jury verdicts until after the general election – likely because polls have suggested some voters would be less keen to vote for him if he is a convicted felon.”
Meanwhile, the AfD wants to prevent for as long as possible a final decision on whether the BfV was right in qualifying the AfD as a “suspected case of far-right extremism.” This could negatively affect its electoral performance. There are elections to the European Parliament in June and regional elections in the three Eastern states of Saxony, Thuringia, and Brandenburg in September. In the European elections, the AfD is polling second with around 20% of the vote, whereas in the three Eastern states, the radical right is polling first with over 30% of the vote.
After the September elections in three of the five eastern states, broad coalitions, or at least tacit alliances from the left to the center-right will be needed to avoid that the far-right reaches its highest level of power in Germany since the end of the Second World War. In this sense, it is very worrying that the leader of the center-right CDU, Friederich Merz, continues to equate the left-wing party “Die Linke” with the AfD, announcing it will reach agreements with neither of these forces. Unless the pre-election polls are wrong by a huge margin, the CDU will soon be forced to pick a side.
By delaying the legal process in Münster, the AfD does not only seek to preserve the pretense that it is just as legitimate as any other German party – if not more, according to their discourse. The far-right party also seeks to prevent the BfV from taking the next step and qualify the whole AfD as “proven right-wing extremist”. The regional AfD groups in the eastern states of Saxony, Thuringia, and Saxony-Anhalt are already classified in this category.
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The AfD has close ties with openly neo-Nazi groups and some of its leaders, especially in eastern Germany, have adopted a language very often reminiscent of Adolf Hitler and his Nazi party. Björn Höcke, the regional leader of the AfD in Thuringia and powerbroker within the national leadership of the party, has used multiple times the expression “Everything for Germany”, the motto of the SA, a paramilitary Nazi group that was key in Hitler’s power takeover in 1933.
Höcke has said that Africans have a biological reproduction strategy different from Europeans or, about Adolf Hitler, that “there is no black and white in history.” The AfD often employs terms such as “Volkstod” (death of the German nation), as well as “Stimmvieh” (voting cattle) for voters of opposing parties.
The AfD has often fantasized about the possibilities of “remigration”, a common term among far-right European groups. The concept refers to the deportation of people with a migration background and has been popularized by Martin Sellner, an Austrian neo-Nazi. The Austrian ideologist is banned from entering the US because he accepted money from – and probably met – Brenton Tarrant, a white supremacist terrorist. In 2019, Tarrant killed 51 people and injured 40 more in his attack against two mosques in Christchurch, New Zealand. On March 19 it became known that Sellner had been banned from entering Germany.
The concept of “remigration” is not a new one, and Höcke and other members of the most radical current within the AfD have been toying with the idea for years. However, many Germans became aware of how specific the concept of “remigration” has become in recent times when it was revealed that Sellner had presented his racist theses in a secret meeting in Potsdam organized by two businessmen. The meeting was attended by high-ranking AfD cadres – among them Ulrich Siegmund, the AfD leader in Sachsen-Anhalt – and some low-ranking members of the center-right CDU, who were later forced to resign. According to research by the independent investigative platform Correctiv, Sellner proposed that a far-right government in Germany should plan the deportation of asylum seekers, non-Germans with residency rights, and “non-assimilated” German citizens.
The Correctiv revelations triggered a wave of massive demonstrations in Germany against the far-right. They also renewed the discussion on whether a process should be started to ban the AfD. A call for a party ban can be issued by the German government, the parliament, or the Bundesrat, an institution where the different German states are represented. The final decision would always be in the hands of the German Constitutional Court. The process could take years and there would be no guarantee of success. The openly neo-Nazi National Democratic Party of Germany (NPD) was deemed too politically irrelevant to be banned when the Constitutional Court decided on the matter in 2017.
There is no consensus between the different German parties on whether an attempt to ban the AfD is the path to follow. The differences of opinion are also found within the parties. Whereas a parliamentarian for the center-right CDU was one of the early proponents of banning the AfD, the leader of the party Frederich Merz is against this. The neoliberal FDP is generally against the ban. Meanwhile, the Social Democrats of Chancellor Olaf Scholz have not taken a clear position, as views diverge on the issue. Within the Greens, banning the AfD would probably find wider acceptance. Every case is different, but the governing coalition in the northwestern state of Bremen, where the Social Democrats lead a government with the Greens and the left-wing “Die Linke”, has asked for an AfD ban.
German society appears to be equally divided on the appropriateness of initiating a process to illegalize the AfD. According to a poll from February 2024, 51 percent of the population was against starting such a process and 37 percent was in favor. The percentages change significantly when citizens are asked whether the AfD should continue to receive public funding as the other parties do. 41 percent are in favor while 48 percent want public funds not to reach the AfD.
On February 23, I attended a counterdemonstration against Martin Sellner, the neo-Nazi who has been pushing for “remigration”, when he visited the city of Chemnitz, in the state of Saxony. The protest was organized by “Chemnitz Nazifrei”, a group that has been mobilizing against the far-right for fourteen years in a city that represents a radical right stronghold.
Before the march against Sellner, I discussed with two activists of the “Chemnitz Nazifrei” movement their views on whether a procedure should be started to ban the AfD. They told me this had been a major issue of discussion within their group in recent times. Although more members of the “Chemnitz Nazifrei” movement are in favor of an AfD ban than against it, there is no clear majority.
One of the strongest arguments in favor of a ban, the activists I interviewed remarked, is the significant consequences this would have for the AfD’s financial situation, which could be forced to reduce its activities. At the same time, they fear that AfD followers could become more violent if a ban was implemented. They did not discard that something similar to the assault on the Capitol in Washington could take place in Germany if the AfD was banned. The open question for the members of “Chemnitz Nazifrei”, as for many others, is: If you ban the AfD, what about the situation afterward? A poll from February 2024 shows that only 43 percent of those who plan to vote for the AfD would be willing to consider voting for another party in the coming years.
It is certainly urgent to discuss whether Trump should be able to run again for president, or whether the AfD should be banned by the Constitutional Court. But the key issue is that broad sectors of both German and US society – a far stronger one in the latter case – have radicalized themselves to the extent that they are ready to use the instruments of democracy to undermine its foundations. This does not mean that every Trump or AfD voter is anti-democratic, and part of these voters can still be convinced to move to less extremist positions. But a considerable percentage of them, and maybe even the majority, have crossed the point of no return.
Democracy is not only destroyed through authoritarian power grabs or military coups but also through free and fair elections. While Germany has known this for a long time due to its historical trajectory, this does not necessarily imply that it is better prepared than other countries. The poor performance of the BfV in protecting the Constitution is proof of this.
While democratic systems offer many opportunities that right-wing radicals can exploit, they are not defenseless and have mechanisms to combat radicalism. If all democratic forces in Germany take the right-wing threat seriously – and here the center-right CDU needs to play a responsible role – and focus on what unites them, the AfD can still be kept away from the main centers of power in the country. It might be too late for the US, where Biden has recovered some ground in the polls in recent months but lags behind Trump in the states that will probably decide the November election. Germany, meanwhile, still has a strong anti-AfD majority but should not be too complacent.
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