In my immediately previous post, I mentioned the embarrassment that President Reagan got himself into back in 1985, when he accepted an invitation from German Chancellor Helmut Kohl to attend a ceremony at a military cemetery where soldiers of the regular German army (Wehrmacht) were buried. It was supposed to be a gesture of mutual reconciliation a few days before the 40th anniversary of V-E Day. But then someone publicized the fact that there were also buried there were soldiers from the Waffen-SS, which was part of the SS Nazi Party organization officially found to be a criminal organization at Nuremberg. It turned out to be a huge embarrassment even for a rightwing Republican like Reagan back then and drew broad criticism, including from senior Republicans in Congress and conservative Jewish leaders and organizations.
The times, they have a’changed.
Rubio is shocked, shocked, that Germany has laws that political parties can’t be involved in active attempts to violently overthrow the constitutional government. You know, by doing things like, say, sending an armed mob into the building where the national legislature meets and killing people in the process.Rubio’s false claim that Germany has an “open border” policy is sleazy as it is dumb. The border of the European Union, of which Germany is a member, has had the deadliest borders in the world for years now because of their policies on refugees crossing the Mediterranean Sea.
Germany’s foreign ministry has hit back at the US secretary of state, Marco Rubio, following his criticism of Germany’s decision to label the far-right Alternative für Deutschland party as a “confirmed rightwing extremist group”.
On Thursday, Rubio took to X and wrote: “Germany just gave its spy agency new powers to surveil the opposition. That’s not democracy – it’s tyranny in disguise. What is truly extremist is not the popular AfD – which took second in the recent election – but rather the establishment’s deadly open border immigration policies that the AfD opposes.”
Rubio went on to say: “Germany should reverse course.” (1)
Deutsche Welle has this six-minute explainer on the AfD situation in English: (2)
This PBS segment reports on the AfD’s Björn Höcke and the positions he has taken that, well, don’t sound, uh, enthusiastically anti-Nazi: (3)
Rewriting the history of the Second World War
It’s not unusual – in fact, it’s common as dirt – for the US to try to put their fingers on the scales of foreign elections in some way or other. But senior official publicly emphasizing how much the Trump 2.0 regime loves the far-right German AfD party is pretty crass by normal diplomatic standards.
To understand how this came to be in Germany, a little historical background is needed. This latest de facto endorsement of the AfD by the Trump 2.0 regime comes just days before the 80th anniversary of May 8, heretofore known as V-E Day (Victory in Europe Day) commemorating the surrender of Germany to the Allies on that date in 1945. The US has never before used May 8 as an official celebration day. But the Orange Anomaly in the White House just declared that V-E Day will now be officially known as Victory Day for World War II:
Many of our allies and friends are celebrating May 8th as Victory Day, but we did more than any other Country, by far, in producing a victorious result in World War II,” Trump wrote Thursday night in a lengthy post on his Truth Social platform.Trump’s official version of history is, not surprisingly, a bit shaky:
“I am hereby renaming May 8th as Victory Day for World War II and November 11th as Victory Day for World War I,” he continued. (4)
Nazi Germany surrendered to the Allied forces on May 8, 1945, a little over a week after Adolf Hitler died by suicide inside his Berlin bunker. Russian forces had captured the German capital on May 2 after their former Soviet Union lost an estimated 24 million people to the war.May 9, 1945 was when a second formal surrender ceremony took place in the Soviet Union.
Victory Day is celebrated annually on May 8 by several former members of the Allied Powers, such as France, Poland and the United Kingdom (which calls it VE Day). Other nations, including Belarus and Russia, however, commemorate the end of hostilities from the Axis Powers on May 9.
The American version of the end of the Pacific War has tended in practice to come down to something like: We dropped our magic atomic bombs and the Japanese surrendered. Of course, there had been four years of combat against Japan before that time by US and British forces. And in the days before the a-bomb was dropped on Hiroshima, the Soviet Red Army was rapidly advancing against Japan in the Japanese-occupied Korean Peninsula. That’s how the demarcation lines between North and South Korea were first established.
So, victory in the Second World War for the US didn’t actually come until what is has been celebrated in the US as V-J Day (Victory over Japan).
Following Trump’s line of thinking is always a tricky undertaking. But part of his motivation for these symbolic moves may be that he’s ticked off that Russia didn’t play along with coming up with a hokey deal over Ukraine that Peace President Trump could brag about.
Dmitry Medvedev, deputy chairman of Russia's Security Council [who has previously served as both President and Prime Minister of Russia], said on Saturday that President Donald Trump's assertion that the U.S. had done more than any other country to win World War Two was "pretentious nonsense".This is turning out to be a good example about how people form broad impressions of historical events. And how those impressions evolve. The President of the European Commission, Ursula von der Leyen, recently said, "The West as we knew it, no longer exists." (6) And those changing perspectives also change what questions people ask about the relevant history.
Trump posted on social network Truth Social late on Thursday that "nobody was close to us in terms of strength, bravery, or military brilliance" in both world wars, and that "we did more than any other country, by far, in producing a victorious result in World War II." (5)
Is there a free speech issue with Germany’ regulation of political parties?
It actually is an interesting and important question how banning political parties is or is not compatible with an American, Jeffersonian approach to free speech.
Whether politician like Vance and Rubio actually care about the American constitutional order or give a flying flip about American principles and traditions of free speech is highly doubtful. Example: Have Vance or Rubio criticized their own Administration’s kidnapping and imprisoning legal residents of the US because they criticized US policy of essentially unconditional support for Israel’s current war on civilians in Gaza and the West Bank? (Hint: No, they haven’t.)
After the original V-E Day in 1945, Germany came under the four-power occupation of the US, the USSR, Britain, and France. The three western zones were combined and became West Germany, the Federal Republic of Germany (BRD). And the Soviet zone became East Germany, the German Democratic Republic (GDR, or DDR in its German initials) in 1949. The formal denazification program last in West Germany from 1945-1949, although restrictions and criminal investigations did continue after that, which could be distinguished as denazification procedures.
The left parties (Social Democrats [SPD] and Communists [KPD]) and the conservative Christian Democratic party (CDU) supported denazification with varying degrees of enthusiasm. The European-style liberal party (FDP) was highly critical of the process, nominally on the grounds of civil liberties concerns, but the FDP also attracted support from some who had more specific personal concerns about their own liability.
In other words, the position taken by the Allies was in favor of explicit political disadvantages being imposed on the old Nazi Party and any political movements that would attempt to restore a regime like that of Hitler’s. And both postwar German governments, the liberal-democratic one in the west and the Communist one in the East, considered it a duty to prevent any revival of the Nazi Party. That prohibition was enacted in the new German Constitution itself, known as the Basic Law. (The Third Reich had outlawed all parties except the Nazis.)
The Nazi Party itself was outlawed, but a complete rejection of Nazi sentiments had not taken place in 1949. The historian Norbert Frei writes of the 1949 elections in the BRD:
Several of the parties now vying for Bundestag seats had made it unmistakably clear that they did not feel bound to the anti-Nazi consensus of the “approved” parties. Above all in the crisis-ridden regions of Lower Saxony and Schleswig-Holstein, marked as they were by large groups of refugees and high unemployment, but also in Bavaria, political groups were on a vote hunt involving a well-aimed exploitation of antidemocratic resentment—the feeling focused, of course, upon the occupation authorities.The point here is that in West Germany, the state which was the direct legal predecessor to the united Germany of 1990, the western allies, especially the United States, expected the BRD to suppress overt Nazi-like activities. And that commitment became part of BRD law and practice, and remains so today.
The reaction to this development by public opinion abroad was quick in coming. Particularly in the American press, fears of “renazification” and “new nationalism” were becoming increasingly prevalent. True, not much inclination was apparent on the part of serious Western journalists to make a political tragedy out of the entry of a handful of right-wing radicals into the Bundestag and the acceptance of the German Party into the coalition government. But it was also clear that there was a general expectation of determined resistance by the German government to (neo-)Nazi and nationalist agitation—and that in its absence intervention of the occupying powers was seen as called for.
As much as possible, Germany’s democratic parties did not make a theme out of latent Allied threats of intervention. They did, however, register the anticipatory pressure from “abroad” with extreme attentiveness; playing a central role in their general past-political argumentation, this pressure carried particular weight in combating political activity of a more or less openly Nazi nature. The young West German state’s political class felt a special obligation—going beyond the “normal” antinationalist guiding principles—to ostracize the relatively rare efforts at justifying Nazi anti-Semitism. Bonn experienced its first substantial challenge in this regard a few months after the parliament first convened. [my emphasis] (7)
Frei describes three notable cases in the early days of the new Federal Republic that “Nazi” problems became significant political issues: the “Hedler Affair” that focused a figure in the far-right German Party who advertised his clear Nazi-like politics; the banning of the Socialist Reich Party: and, the “Naumann Affair” of 1953, an action including arrests against Werner Naumann, a former state secretary in the German propaganda minister and five others. The British High Commissioner in Germany warned that the liberal FDP could be implicated in the activities involved in the Naumann Affair. As Frei writes:
On 3 December 1952, the British High Commissioner took the opportunity to engage Otto Lenz, state secretary in the Chancellery, in a detailed conversation about the situation in the FDP. In precise German, Kirkpatrick expressed his “extreme concern” about the party’s “penetration” by “radical National Socialist circles.” Lenz noted Kirkpatrick’s intent to discuss the matter calmly with Adenauer at some point; he added that, “if need be,” the British “see themselves forced to take measures and reveal certain connections that gravely implicate the FDP.” (p. 281)Those three cases illustrate how seriously the Allies took the responsibility of the BRD government, then headed by Chancellor Konrad Adenauer (CDU), to enforce the prohibition on a revival of the Nazi Party incorporated into Germany’s Basic Law. Frei relates:
Regarding the arrests, Adenauer limited himself to citing the British foreign minister, whose declaration in the House of Commons, he explained, had confirmed his own position. “The activities of a small minority of incorrigible former National Socialists poses no direct danger for the democratic order in Germany.” Any additional points would have to be clarified after the investigation’s conclusion. But the “citizens of the Federal Republic and everyone abroad” could be sure “that Germany will never return to National Socialism.” (p. 287)An Austria-related note
The Allied occupation of Austria formally ended in 1955 with what is called the State Treaty with the four occupying powers, whose 70th anniversary Austria celebrated this year. It committed Austria to the other signatories that Austria would prevent any revival of the Nazi Party. After the Soviet Union formally dissolved in 1992, Austria did not recognize Russia as a legal successor to the State Treaty.
But the anti-Nazi obligation remains binding on Austria for the US, Britain, and France. Since the US Constitution includes formally ratified treaties as part of the “law of the land” of the United States on a level with the Constitution itself, it would be fair to say that the basic law of the US requires the country to ban a revival of the Nazi Party in Austria. Lord knows the US finds an endless number of reasons to justify military interventions. But it could be argued that if Austria actually installed a Nazi-style regime, the US, France, and Britain would have the right in international law to militarily intervene to restore a democratic government there.
Meanwhile, the Trump 2.0 regime is threatening war against America’s NATO allies Canada and Denmark while openly propagating its preference for the far-right, anti-EU, authoritarian AfD party in Germany.
Are the “European” approaches to legal political party activity really “un-American”?
My definition of the classic liberal-democratic, Jeffersonian approach to freedom of speech and the press would go something like this: Things work out best when people are free to say any damn fool thing they want, as long as a everybody else is free to say what a damn fool thing it is.
But even the specific US Constitutional protection of freedom of speech has never meant that everyone is free to say anything they please anywhere and anytime they want. I think the classic yelling-“fire”-in-a-crowded-theater example is kind of dumb. But if you walk into a theater or church service or a classroom or a private home and just start ranting like a true Trump cultist (or anything else!) that has never been considered constitutional free speech. People can be removed and fined for such things.
Writing this brought to mind a former college friend of mine in Mississippi who in the 1970s went to some segregationist meeting that included a bunch of Klan types and he stood up and yelled “Long live Martin Luther King!” and got beaten up. He could have been legally removed by police for that but not charged with illegal speech. Assaulting him was illegal, though the Mississippi police of that time never got around to charging them.
Decades later in the 1990s, while living in the San Francisco Bay Area, I went to an event at a Catholic Church open to the public where a Jewish Holocaust survivor was giving a talk to young people. Two or three Holocaust-denier scumbags started standing up and talking over him to try to disrupt the meeting. The adults attending the event started telling them to shut up and somebody called the cops, who told them to get the hell out of there, and they did.
I use those examples to illustrate that most Americans not named J.D. Vance or Marco Rubio usually can normally distinguish between expression of opinions and fact, on the one hand, and people just shooting off their mouths because they feel like it, on the other. Most people can understand why it’s legal to say the President or the Governor is a miserable leader, and why it’s not legal to post on Facebook that your next-door neighbor you don’t like is a human trafficker and drug dealer. And why one is free speech and the other is slander. (Unless the latter is true and you can prove it, of course!)
But it’s not as though American law doesn’t put restraints on political parties. There are legal definitions of what political parties are, which activities they can pursue and which not, what kind of financial donations they can accept and which they can’t, how much they can spend on what, what tax regulations affect them, what their reporting requirements are, and so on.
Some of the things political parties are forbidden from doing would include organizing violent partisan goon squads to commit crimes, money laundering, and working with foreign powers to do espionage, to name a few. All the kind of things that might, for instance, get German political parties in legal trouble there.
Expressions of political sentiments, including criticisms of actions of liberal democratic governments or of democratic ideas, are also protected in both the US and German systems. In my-far-from-comprehensive knowledge of how this works in either country, I have the impression that the US system provides more of those kinds of protections for political parties. Banning entire parties as such is probably easier in the German system, though it doesn’t happen every day. Or every year. Or much at all.
It's worth noting that in the US, the Communist Control Act of 1954 actually did ban the Communist Party in the US. The text of the law itself describes the legislation as an Act to “outlaw the Communist Party, to prohibit members of Communist organizations from serving in certain representative capacities, and for other purposes.” (8) It was sponsored by Sen. Hubert Humphrey, who later served as Lyndon Johnson’s Vice President.
Jewish Currents reported in 2012:
The bill was sponsored by Senator Hubert Humphrey, a leading liberal, and drafted by his legislative assistant, Max M. Kampelman, and was widely embraced by liberals as well as conservatives. It was not until 1973 that a federal court in Arizona declared the act unconstitutional, [(9)] and the U.S. Supreme Court has never ruled on it; technically, the Communist Party USA is still an illegal organization.My own opinion of that law is that it was a real violation of civil liberties, passed at the height of McCarthyist “anticommunist” hysteria, directed against a tiny political party that in 1954 had about as close to zero political clout as it was possible to get.
“The Congress hereby finds and declares that the Communist Party of the United States, although purportedly a political party, is in fact an instrumentality of a conspiracy to overthrow the Government of the United States.” —Communist Control Act (10)
But if J.D. Vance or Marco Rubio still talk to actual reporters, it would be interesting if a one would ask them, in light of how they object to the German government’s keeping tracking of far-right extremist activity in their beloved German AfD party, what they think about the Communist Control Act.
Notes:
(1) Yang, May (2025): Germany hits back at Marco Rubio after he panned labeling of AfD as ‘extremist’. The Guardian 05/03/2025. <https://www.theguardian.com/world/2025/may/03/marco-rubio-germany-afd> (Accessed: 2025-04-05).
(2) Germany’s domestic intelligence agency finds strong evidence for AfD’s threat to democracy. DW News YouTube channel 05/03/2025. <https://youtu.be/K9ZGhEw-6ZA?si=cx6v5WcFKmiLbzoO> (Accessed: 2025-04-05).
(3) Why an AfD Politician Is Accused of 'Whitewashing' Nazi Crimes - Germany's Enemy Within. Frontline YouTube channel 07/30/2024. <https://youtu.be/brvgCMPPfkg?si=F36J0ipiZ757MVwu> (Accessed: 2025-04-05).
(4) Margaritoff, Marco (2025): Trump Announces Victory Day For WWII But Gets The Date Wrong: 'A Complete Moron'. Huffpost 05/02/2025. <https://www.yahoo.com/news/trump-announces-victory-day-wwii-175110564.html> (Accessed: 2025-04-05).
(5) Russia's Medvedev says Trump's statement about US World War Two role was 'pretentious nonsense'. Reuters 05/03/1945. <https://www.reuters.com/world/russias-medvedev-says-trumps-statement-about-us-world-war-two-role-was-2025-05-03/> (Accessed: 2025-04-05).
(6) Adler, Katya (2025): Europe marks VE Day with Trump on its mind. BBC News 05/04/2025. <https://www.bbc.com/news/articles/cn7x3v5d1y4o> (Accessed: 2025-04-05).
(7) Frei, Norbert (2002): Adenauer’s Germany and the Nazi Past: The Politics of Amnesty and Integration, 236. New York: Columbia University Press.
(8) Public Law 637/Chapter 886. US Congress 08/24/1954. <https://www.congress.gov/83/statute/STATUTE-68/STATUTE-68-Pg775.pdf> (Accessed: 2025-04-05).
(9) Blawis v. Bolin. Arizona District Court, Case No. Civ. 72-402 Phx. <https://www.plainsite.org/dockets/1zey0ee5l/arizona-district-court/blawis-v-bolin/> (Accessed: 2025-04-05).
(10) Bush, Lawrence (2012): The Communist Control Act. Jewish Currents 08/19/2012.