Angela Merkel is caught in a political struggle over the German government’s relationship to the NSA. One element of the struggle is the government’s attempt to suggest, without explicitly saying so, that the US was open to negotiating a “No-Spy” treaty, whereas they knew that the Americans had made absolutely clear that no such treaty would be entered into. What I find fascinating in this affair is how blatant the US is willing to be about its contempt for the sovereignty of other nations:
Doch bereits im Juli 2013 hatte die Europa-Strategin im Weißen Haus, Karen Donfried, in E-Mails an Merkels Berater Christoph Heusgen trotz dessen nachdrücklichem Bitten vermieden zuzusichern, dass sich US-Geheimdienste in Deutschland an deutsches Recht halten würden. Die “SZ” zitiert etwa aus einer E-Mail vom 19. Juli 2013:
“Bei uns liegt der Fokus natürlich darauf, ob wir das US-Recht einhalten. Unsere Experten fühlen sich nicht dafür gerüstet, die Einhaltung des deutschen Rechts zu beurteilen.”
[Already in July 2013 the White House European-strategy expert Karen Donfried had refused to give assurances to Merkel’s advisor Christoph Heusgen, despite his explicit request, that US espionage agencies in Germany would follow German laws. Süddeutscher Zeitung quotes from a July 19, 2013 email:
Our focus is naturally on whether we obey US laws. Our experts do not feel qualified [literally, “adequately armed”] to evaluate our conformity with German laws.]
What admirable modesty! It’s only natural that their number one concern is whether they are obeying US law, and given their very limited success in achieving that goal, they have no excess capacity for anything as complicated as trying to simultaneously obey both sets of laws. The expertise budget is really not unlimited. Not to mention that the German laws aren’t even written in English!
I know I find it more than I can manage to decide, on any given day, whether I’m going to obey US or UK law. I imagine finding myself some day in court, having to say, “I’m sorry Judge, but my focus is on whether I obey US laws. I do not feel qualified to evaluate my conformity with UK laws.”
Of course, someone might say that representatives of the US government who feel themselves incapable of keeping within the confines of German law do have the option of staying out of Germany…