Hubig wants leaked AfD emails used in review of possible party ban

In brief

• Justice Minister Stefanie Hubig supports a systematic review of whether to seek a ban on the AfD.
• She says leaked AfD emails could be used if they show the party is unconstitutional.
• The leak reportedly includes about 420,000 emails and nearly 50,000 documents.
• The coalition is divided, and a federal, state or Bundesrat decision would be needed to file.

Minister backs a systematic review

Federal Justice Minister Stefanie Hubig, of the SPD, has called for a serious and systematic examination of whether the conditions for proceedings to ban the Alternative für Deutschland are met (AfD-Verbot: Stefanie Hubig will E-Mails bei Prüfung für Antrag nutzen – DER SPIEGEL) (Hubig will geleakte E-Mails zur Prüfung von AfD-Verbotsverfahren nutzen – tagesschau.de). She told the Neue Osnabrücker Zeitung that the review should be carried out by a working group made up of federal and state representatives.

Role of the leaked emails

Hubig said the emails that circulated online could be drawn on if they provide evidence that the party is unconstitutional (Bundesjustizministerin - Hubig will AfD-Leaks für Prüfung von Parteiverbot nutzen – Deutschlandfunk). The material was published by unknown hackers about two weeks earlier and comprises a 281-gigabyte data set. It includes roughly 420,000 emails and almost 50,000 documents, although some outlets put the email count at about 421,000.

Context and disagreement

The call follows recent AfD gains in the state elections in Saxony-Anhalt and Mecklenburg-Vorpommern. The Federal Office for the Protection of the Constitution currently classifies the party nationwide as a suspected case of right-wing extremism. Within the coalition of the CDU/CSU and SPD, however, a ban procedure remains disputed.

Next steps

According to reports, the working group would first assess the chances of success of a ban application. A decision to file with the Federal Constitutional Court would then rest with the Bundesrat, the Bundestag or the federal government.