The Stephan Harbarth Case – President of the Federal Constitutional Court

28.04.2022 | www.kla.tv/22372

On 11th February 2022, the Federal Constitutional Court rejected an urgent appeal for the temporary suspension of mandatory vaccination within the health care system. In the midst of the political dispute over the Corona vaccination mandate for nurses and health care workers, the Federal Constitutional Court greenlighted its punctual implementation in mid-March. Following its logic, the Court even admitted the possibility of severe side effects of the vaccination, including death. However, the Court argued that no one was forced to be vaccinated, rather that he or she could change jobs or resign. It was a matter of not putting the vulnerable groups such as the elderly or the disabled at risk. Really? • How will they manage in case the medical staff for the most part changes jobs or quits? This eventuality has obviously not been considered. • The right to physical integrity guaranteed to every citizen by the Basic Law is also being ignored. Isn’t this incredible? So, let’s take a look at the judges who issued this ruling in this documentary, in particular at Stephan Harbarth, the President of the German Federal Constitutional Court. The action of his court during the last two years has been quite striking, that’s the reason why we are taking a brief look back: Lockdowns, school closures, curfews, assembly bans, even covert mandatory vaccination – the wave of lawsuits against the drastic restrictions of fundamental rights has never been greater. At first many people turned to the administrative courts of the Federal States, which repeatedly overturned measures that had been decreed. But suddenly, shortly after the start of the vaccination campaigns in April 2021, Merkel enforced the so-called “federal emergency brake” that resulted in drastic restrictions of public and private life. The pressure on the population was so great that many either sought a way out by submitting to vaccination or by taking legal action. However, the “federal emergency brake” made going through administrative courts useless and invalid. So the only remaining option was going to the Federal Constitutional Court. In contrast to the administrative courts of the Federal States, the result at the Federal Constitutional Court was different. Just for 2020 alone, the highest German Court received 239 constitutional complaints as well as 72 isolated urgent applications against the federal government's measures [concerning the handling of the pandemic]. The Karlsruher constitutional judges approved only three of all applications! A shocking quota which has greatly shaken confidence in the judiciary. President Stephan Harbarth is the leader and head of the Federal Constitutional Court. Let’s take a closer look at his past, his steep career and his acquaintances. 1. Political Past Harbarth • was an active CDU politician for almost 30 years • member of the German Parliament (Bundestag) for the CDU/CSU from 2009 to 2018 • acted as Deputy Chairman of the CDU/CSU parliamentary group starting in June 2016. 2. Professional career • After obtaining his doctoral degree in law in 1998, Harbarth studied at Yale Law School from 1999 to 2000. This is an elite school with a few selected students. • Back in Germany from 2000 onward, he worked as a lawyer at the Schilling, Zutt & Anschütz – of SZA – commercial law firm. He worked there on the front lines, as a board member and managing director among other things for many years. The firm’s slogan: “Corporate groups come to us”. • From 2000 to 2008, SZA was part of the US Shearman & Sterling LLP law firm, which specializes in business law and finance for large corporations. The US law firm conceived the so-called Cum-Ex transactions. This is a tax fraud scheme in favor of the banks, which has cost billions to the German taxpayers! To what extent Harbarth was involved is unclear. However, the interests represented by his law firm are clear. 3. Unclear income as a member of parliament During his activities as a member of the German Parliament (Bundestag), Harbarth collected considerable amounts of money, which origin is unknown. According to “Der Spiegel”, Harbarth is said to have received over one million euros in 2016 alone. Neither Harbarth nor his law firm SZA mention anything about this. The annual reports of his law firm show that he worked there “full-time”, being a member of parliament at the same time. This would be inadmissible under the MP Act. The law only allows secondary employment. So the question is: Why did Harbarth receive such a high remuneration? 4. Inconsistencies about his appointment as judge at the Federal Constitutional Court • In December 2017, Harbarth was all of a sudden seated next to Chancellor Merkel during the Christmas party of the CDU/CSU parliamentary group. “Die Welt” then reported that Harbarth had apparently been destined for higher honors. • On November 22th, 2018, he became a federal judge and the day after, got the position of Federal Vice President of the Constitutional Court. It is moreover amazing since Harbarth is not a specialist in constitutional law and has no judicial experience! However, this wasn’t obviously a problem. • Six months earlier – in March 2018 – his reputation had been somewhat polished: The University of Heidelberg awarded Harbarth the title of honorary professor. What is interesting about it: The Handelsblatt reported on an obvious financial and personnel proximity between the Heidelberg University and Harbarth’s former law firm SZA Schilling Zutt & Anschütz. SZA is a sponsor for the Chair of German and European Business Law at the University of Heidelberg and cooperates with the latter in a joint foundation. Was Harbarth’s professorial title intended to pave the way to the court presidency? 5. Conflicts of Interest At the time, Harbarth was a member of the German Parliament responsible for legal and domestic affairs; he played a key role in getting legislation off the ground, such as for example, the highly controversial UN migration pact or an obligation for communications services to retain and store data. As a member of parliament, he campaigned passionately for the adoption of both treaties. Exactly those were and are now subject to numerous constitutional complaints, on which he was supposed to decide shortly afterwards, once he was appointed as a constitutional judge. As illustration: Example 1: In December 2018, the UN Migration Pact was concluded. Harbarth was an advocate of this pact and fervently required its conclusion shortly before leaving the German Parliament. This pact legalizes migration for economic reasons as well. Unrestricted migration became a human right. A few days later, Harbarth was appointed Federal Constitutional Judge. Numerous constitutional complaints against the pact haven’t given any result. Bias? Not an issue! Example 2: As CDU legal politician, Harbarth strongly advocated the instrument of data retention and storage. This allows personal contact data to be stored and handed over to the state with no reason. It opens the door to arbitrary contact tracing of individuals. Countless lawsuits are still pending before the Federal Constitutional Court. However, a decision on data retention is currently not to be expected in 2022. Coincidence? 6. Membership of the inner circle? Harbarth has already had to put up with many critical questions about his independence as highest judge. In addition to all the conflicts arising from his activities as a member of parliament, his closeness to Merkel became again obvious in 2021 during a joint dinner. Background: In the federal state Thuringia, the FDP candidate won the election for prime minister with the votes of the AfD the year before – an “unwelcome incident”. After massive interventions from Merkel, his election was overturned. The newspaper “Junge Freiheit” wrote about this: “The Federal Constitutional Court has been one of the most respected institutions of the German state. The fact that this could possibly change soon also has to do with the behavior of the judges themselves. Unanimously, they had Chancellor Angela Merkel invite them to dinner and convivial gathering at the Chancellor's Office – just a few days before the Second Senate of the Federal Constitutional Court was to rule on a lawsuit against the Chancellor for violating her duty of neutrality.” Stephan Harbarth was also on board. Conclusion: The Stephan Harbarth file uncovers the entanglements between politics and justice that shake the foundation of our free democratic basic order! The credibility of Stephan Harbarth regarding the allegedly independent judgements of the Federal Constitutional Court has thus been seriously damaged! Dear viewers, The separation of authorities of the legislation (i.e. legislature), the executive power (executive) and the jurisdiction (judiciary) is the foundation of a democracy! The entanglements of Germany’s highest judge, Stephan Harbarth, revealed in this documentary, raise serious doubts about an effective separation of powers in the Federal Republic of Germany. Since the so-called leading media have largely spread a smoke-screen over his scandalous involvement in politics, this situation involving Germany’s highest judge can only be brought to the light by the supreme sovereign, in other words, the people themselves. This abuse of power can still be stopped only thanks to active citizens informing their fellow men about these grievances! Therefore, become active yourself NOW by forwarding this enlightening video to as many friends, work colleagues and relatives as possible! You can use the faded-in link to this broadcast to do so.

from ag/kw/sts/ark

Sources/Links: Federal Constitutional Court rejects urgent application for temporary sus-pension of mandatory vaccination in health care (ruling of 10.2.22) • www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/DE/2022/bvg22-012.html
• www.t-online.de/nachrichten/deutschland/id_91649930/teil-impfpflicht-was-impfunwilligen-arbeitnehmern-nun-droht.html
"Federal Emergency Brake." reitschuster.de, 02.05.2021 https://reitschuster.de/post/verwaltungsgerichtspraesident-bundes-notbremse-verfassungswidrig/
jungefreiheit.de, 28.05.2021 https://jungefreiheit.de/politik/deutschland/2021/bundes-notbremse-murswiek-verfassungsgericht/
lto.de, 30.11.2021 https://www.lto.de/recht/hintergruende/h/bverfg-1bvr78121-1bvr97121-bundesnotbremse-coronavirus-covid19-corona-verfassungsbeschwerden-ausgangssperre-schulschliessungen-grundrechte/
Record number of urgent applications and constitutional complaints in 2020 rubikon.news, 16.03.2021 https://www.rubikon.news/artikel/in-bedenklicher-verfassung
lto.de, 12.01.2021 https://www.lto.de/recht/nachrichten/n/bverfg-bundesverfassungsgericht-corona-covid19-krise-pandemie-eilantraege-rekordwert-2020-verfassungsbeschwerde/
www.bundesverfassungsgericht.de
taz.de, 05.12.2020 https://taz.de/Verbot-von-Querdenken-Demos/!5736762
1)political past https://de.wikipedia.org/wiki/Stephan_Harbarth
2. Professional career handelsblatt.com, 20.03.2020 https://www.handelsblatt.com/politik/deutschland/designierter-praesident-stephan-harbarth-verfassungsrichter-mit-umstrittener-vergangenheit/25612434.html?ticket=ST-525753-WpDixTqSOn2veKb6uD1b-ap4
3. Unexplained income as a member of parliament t-online.de, 15.05.2020 https://www.t-online.de/nachrichten/deutschland/id_87882624/stephan-harbarth-praesidenten-des-bundesverfassungsgerichts-haengen-geldfragen-an-.html
spiegel.de, 09.08.2016 https://www.spiegel.de/politik/deutschland/bundestag-abgeordnete-mit-nebeneinkuenften-eine-typologie-a-1106269.html
4. Inconsistencies in his appointment as a federal constitutional judge lto.de, 20.06.2020 https://www.lto.de/recht/hintergruende/h/stephan-harbarth-anwalt-gegen-uni-streit-um-honorarprofessur/
5. Conflicts of interest RTL WEST Kommentar zum UN-Migrationspakt, 31.10.2018 https://www.youtube.com/watch?v=LVFA8XrugUU
Bundestag TV CDU, 13.11.2018 https://www.youtube.com/watch?v=bmToOhswB_g
lto.de, 03.12.2018 https://www.lto.de/recht/justiz/j/bverfg-stephan-harbarth-ex-politiker-ex-anwalt-ausgeschlossen-befangen/
Vorratsdatenspeicherung in Deutschland I Datenschutz 2022 6. Belonging to the inner circle? jungefreiheit.de, 16.07.2021 https://jungefreiheit.de/debatte/interview/2021/270000/
jungefreiheit.de, 10.07.2021 https://jungefreiheit.de/politik/deutschland/2021/269573/