Durchgeknallt
...is German for "nuts" or "bonkers". The literal translation is something like "banged through"; imagine an electrical circuit fizzing, snapping and shorting out, and you've got the idea.

So naturally, German federal prosecutor Hansjürgen Karge wasn't pleased to learn that Michael Naumann, editor in chief of the German newsweekly Die Zeit, had called him "durchgeknallt" on a TV show last year. Naumann was critical of official leaks and/or miscues fueling the German media feeding frenzy surrounding the Michel Friedman case, which I wrote about last summer. The Berliner Zeitung reports that Naumann spoke of

"a quite obviously nuts federal prosecutor," who "has an extraordinarily bad reputation" and "was suspended a year ago."

Karge apparently realized, "Hey, that's me!" He sued Naumann -- and won a judgment of 9000 Euros for "defamatory criticism." The verdict held that "Naumann had shown 'disdain' towards the Berlin prosecutor and had dishonored his person 'without factual basis.'" Naumann's appeal began on January 19th in a Berlin courtroom. The strategy is twofold. SPIEGEL reports that

The defense wants to take the sting out of the word. The adjective is everyday speech and means that Karge's fuses burned out during an overzealous investigation.

In addition to minimizing the word "durchgeknallt," the second prong of the defense seems to be to provide the missing "factual basis" for deeming Karge a fuse or two short of full working order. SPIEGEL reports, for instance, that Karge vowed that underlings would learn "old Prussian-style obedience" in his department. Die Tageszeitung reports that Karge has said things like

"I like to compare myself with an armored cruiser in my function as prosecutor."... "Sanctions must follow objective misdeeds. Everyone knows that, from primitive bushmen to the animals."

Die Tageszeitung's Heiko Dilk concludes

The more one learns about Karge, the more urgently one wants the right to call him "durchgeknallt."

The odds don't look good for Naumann, if judge Karin Miller's statement denying testimony about the leaks in the Friedman case is any guide:

"Even if there was a case of officials failing to do their duty, one couldn't call the chief prosecutor "durchgeknallt," that was calling him "crazy."

The case has generated a lot of attention in Germany. The case is interesting to me in that German public opinion seems to favor a more circumscribed, American-style interpretation of libelous behavior towards persons in the public sphere like Karge. The German legal system, on the other hand, thus far seems to care more about the sensibilities of its fellow officials than free speech. But it's not over till it's over. The trial continues today.


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TRANSLATION NOTES: Defamatory criticism: Schmaehkritik; disdain: Geringachtung; dishonored: herab gewuerdigt; armored cruiser: Panzerkreuzer. Finally, Naumann himself translated "durchgeknallt" as "lost his marbles" in a SPIEGEL article last year.

UPDATE: 1/28: Naumann has lost his appeal and will have to pay the 9000 Euros. Heribert Prantl of the Sueddeutsche Zeitung comments that if this verdict sets the standards for libel in Germany

German law must create a new branch of justice: the honor court. Then there will be thousands of „durchgeknallten“ trials in Germany, then every other discussion on the podium will become a potentially actionable case.
The Naumann verdict is wrong. A critic must not [have to] choose the most merciful expression.

German TV news show "Tagesschau" reports that Naumann vows to contest the new verdict. posted by Thomas Nephew at 1:19:00 AM -- |    

 
Mzoudi witness Zakeri might not testify
More Mzoudi trial* developments: German newspaper "Die Tageszeitung" reports that the Iranian goes by the alias "Zakeri," and refers to an "Insight on the News" article in June, in which a U.S. official, responding to Zakeri's 9/11 claims, called the Iranian "a fabricator of monumental proportion."

Die Welt reports that the court apparently wants to proceed with hearing "Zakeri" himself next Thursday (1/29), but may not get the opportunity:

German federal prosecutor Walter Hemberger explained that because of promised confidentiality, this could only be handled "as a wish."

Hamburg interior minister vows Mzoudi deportation
In a comment below, Scott Hanson points out this Spiegel article, "Into the clutches of the CIA by a devious route,"** detailing why Mzoudi is pressing for asylum:

...Hamburg interior minister Nockemann told SPIEGEL that he wanted to deport the suspect following the expected not guilty verdict as quickly as possible. Even if [Mzoudi], the friend of the terror pilot Atta were to leave the courtroom as an innocent man, there was "no room in Germany" for him, the senator of the Partei Rechtsstaatliche Offensive said. This attitude was shared inside the German government as well. Officials have already prepared all the formalities for a quick deportation.

Nockemann is the new leader of the Partei Rechtsstaatliche Offensive, a new party that scored some surprising gains in Hamburg a few years back. Last year its controversial leader and founder, Ronald Schill, was dismissed as Hamburg's interior minister after attempting to blackmail the mayor with homophobic allegations against an ally. While Nockemann may be in a position to urge Mzoudi's deportation, I'm not sure whether he can bring it off on his own. He may just be trying to be like Schill to a base that reportedly still hankers after their lost leader.

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* Scroll down for prior posts about this trial, or click these: 1, 2.
** TRANSLATION NOTES: by a devious route: 'auf Umwegen', which can also just mean 'the long way around'. 'Partei Rechtstaatliche Offensive' is a conservative party; the name is hard to translate, but amounts to something like 'Party for a Law and Order Offensive.' Interior minister: Innensenator. posted by Thomas Nephew at 1:51:00 AM -- |