Prosecutors “might theoretically seize telephones and different related materials from Fee workplaces or in different European international locations,” as they develop their legal probe into the Pfizergate scandal.
As we warned in October final yr, the partitions might lastly be closing in on EU Fee President Ursula von der Leyen even because the EU begins to mobilise its mass censorship regime for the upcoming EU elections. There was all the time a threat that von der Leyen’s candidacy for reelection could be over-shadowed by the a number of lawsuits she faces over the “Pfizergate” scandal. This will already be occurring.
On Monday (April 1), Politico reported that EU prosecutors had taken over a Belgian legal probe into alleged wrong-doing in reference to vaccine negotiations between von der Leyen and the CEO of Pfizer, Albert Bourla. That probe centres round alleged textual content messages between von der Leyen and Albert Bourla throughout preliminary negotiations for the EU’s largest vaccine deal that VdL has refused to reveal. Because the article notes, the most recent growth comes at a “delicate second for the EU’s chief, as she navigates the transition to what Brussels observers anticipate can be a second time period on the head of the Berlaymont.”
Breaking the Silence
Except Politico, the story has been studiously ignored by the English-language legacy media. This could come as little shock: as I reported in June 2023, the EU’s COVID-19 vaccine procurement scandal has steadily grown regardless of deafening silence from the mainstream media. However the information has been coated by European retailers, together with Germany’s Berliner Zeitung and Focus journal; Valeurs Actuelles and Atlantico in France, and La Repubblica, Il Sole 24 Ore, and Il Fatto Quotidiano in Italy. Let’s start with the Politico article:
Investigators from the European Public Prosecutor’s Workplace (EPPO) have in latest months taken over from Belgian prosecutors investigating von der Leyen over “interference in public capabilities, destruction of SMS, corruption and battle of curiosity,” in accordance with authorized paperwork seen by POLITICO and a spokesperson from the Liège prosecutor’s workplace. Whereas EPPO’s prosecutors are investigating alleged legal offenses, nobody has but been charged in reference to the case.
The probe was initially opened by Belgian judicial authorities within the metropolis of Liège in early 2023 after a legal criticism lodged by native lobbyist Frédéric Baldan. He was later joined by the Hungarian and Polish governments — though the latter is within the strategy of withdrawing its criticism after the election win by a pro-EU authorities led by Donald Tusk, a Polish authorities spokesperson informed POLITICO.
What the Politico article fails to say is that Donald Tusk is an in depth ally of von der Leyen’s in addition to a former president of the European Council (2014-19). Each Tusk and von der Leyen are members of the identical centre-right European Individuals’s Social gathering. Since returning to energy in December, the VdL Fee has begun unblocking as much as €137 billion in EU funds for Poland that had been frozen amid a standoff with Poland’s earlier “Legislation and Order” authorities. In different phrases, Tusk’s provide to withdraw Poland’s criticism is not any shock. In brief order, Poland will presumably be receiving a brand new consignment of tens of millions of undesirable vaccines.
The legal criticism lodged by Baldan in April 2023 accuses von der Leyen of “interference in public capabilities”, “destruction of public paperwork” and “unlawful conflicts of pursuits and corruption.” The 35-year previous Belgian lobbyist argues that the Belgian state suffered financially because of the EU Fee’s €35 billion take care of Pfizer-BioNTech to purchase as much as 1.8 billion doses of COVID-19 vaccines. Unsurprisingly, that turned out to be far more than the EU international locations wanted and lots of doses needed to be destroyed or donated. In accordance with Baldan, VdL’s actions additionally “represent an assault on public morality, on the respectable confidence of European residents, on good administration and on transparency.”
Pfizer-BioNTech vs Hungary and Poland
Hungary and Poland joined Baldan’s criticism after Pfizer and its German vaccine associate, BioNtech, introduced they have been suing each international locations over their refusal to take supply of tens of millions extra doses of their COVID-19 vaccines, lots of which might find yourself getting destroyed months later. There have already been at the very least €4 billion price of wasted vaccine doses within the EU. The Fee’s vaccine contract with Pfizer has since been renegotiated, however Hungary’s Orbán authorities and the previous Legislation and Order authorities of Poland nonetheless refused to take supply of extra vaccines.
As we famous on the time, Pfizer and BioNtech’s subsequent lawsuits have been notably egregious even by the traditional requirements of investor-state dispute settlements (ISDS):
Pfizer-BioNTech’s COVID-19 vaccines are in a lot decrease demand in Europe, as nearly in all places else, for a superb motive: they’ve confirmed to be not practically as protected nor as efficient as their producers had initially claimed… What’s extra, the EU’s purchases of Pfizer-BioNTech vaccines are themselves the topic of a legal investigation. That’s proper: Pfizer and BioNTech try to drive cost by the Belgian courtroom system of a contract that’s itself being investigated by the Luxembourg-based European Public Prosecutor’s Workplace (EPPO) [as well as public prosecutors in Liège, Belgium]. In the meantime, BioNtech is dealing with a rash of lawsuits in its native Germany for suspected accidents and hostile occasions brought on by its COVID-19 vaccine whereas Pfizer is dealing with a trial in Texas for misrepresenting the efficacy of its vaccine.
The EPPO was based in 2017 to conduct “pan-European investigations into crimes towards the EU finances,” together with fraud, corruption, cash laundering and VAT fraud. Because the Politico piece notes, the prosecutors “might theoretically seize telephones and different related materials from Fee workplaces or in different European international locations equivalent to Von der Leyen’s native Germany,” which would definitely not be a superb search for the VdL’s reelection marketing campaign. Some are calling for her removing.
“Mrs. von der Leyen’s disregard for the rule of regulation and transparency obligations on the prime of the EU Fee makes her unsustainable for an additional time period in workplace,” mentioned Fabio De Masi, a former lawmaker for Germany’s socialist Left Social gathering who sat on a parliamentary inquiry into the Wirecard affair and is now working as an EU candidate for Germany’s populist-left get together, Bündnis Sahra Wagenknecht.
It stays to be seen whether or not additional Pfizergate revelations will emerge over the subsequent two months, and whether or not they are going to be sufficient to scupper Von der Leyen’s reelection prospects.
Moreover Baldan and the governments of Poland and Hungary, VdL’s behaviour has additionally been denounced by the European Ombudsman, Emily O’Reilly, and the European Court docket of Auditors. In 2022, O’Reilly concluded that the Fee’s refusal to correctly contemplate FOI requests for the textual content messages constitutes “maladministration.” The NYT, which first revealed that the covert communications had taken place as Bourla and Von der Leyen hashed out the phrases of the deal, has additionally launched a parallel lawsuit towards the Fee after it refused to reveal the content material of the messages following an FOI request.
As if that weren’t sufficient, a report by the EU’s Court docket of Auditors discovered that VdL had straight participated in preliminary negotiations for the vaccine contract, in a complete departure from the EU’s normal negotiating procedures. The Fee refused to offer the auditors with information of the discussions with Pfizer, both within the type of minutes, names of consultants consulted, agreed phrases, or different proof. This was sufficient to set off a proper investigation into the Fee’s acquisition of COVID-19 vaccines by the European Public Prosecutor’s Workplace.
Now, the EPPO seems to be intensifying that investigation, although there are nonetheless extra questions than solutions. What’s going to occur to the fees being pursued within the Belgian investigation that don’t fall inside the EPPO’s remit, equivalent to interference in public capabilities and destruction of proof? Additionally, how lengthy it can take for the prosecutors to current expenses (assuming they ever will)? The EPPO has already been investigating the EU’s vaccine purchases for properly over a yr, but nobody has been charged in reference to the case.
Additionally price noting: the Politico article doesn’t embrace any official response or feedback from the EPPO. Neither is there any point out of this newest growth on the EPPO’s official web site, which makes one marvel simply how critical it’s about pursuing the case.
Failing Upwards
This isn’t the primary time that VdL has confronted a legal investigation for alleged deliberate destruction of proof. In late 2019, simply after VdL had resigned as German Defence Minister Tobias Lindner, a member of the opposition Inexperienced get together, filed a criticism over suspected deliberate destruction of proof requested by a German parliamentary committee investigating profitable contracts her protection ministry had awarded to outdoors consultants with out correct oversight. Simply as in Pfizergate, VdL was accused of deleting all of her cell communications, not on one telephone however two.
However by that point, VdL had already relocated to Brussels after being hand-picked by Merkel and Macron for the function of European Fee president. Regardless of dealing with no challengers for the job, VdL clinched the presidency with a wafer-thin margin of simply 9 votes.
This time spherical, she can be dealing with barely extra competitors albeit from a comparatively unknown European Commissioner known as Nicholas Schmit. In accordance with most media stories, VdL remains to be anticipated to win regardless of all the luggage in addition to the anaemic ranges of public assist for her Fee. A latest ballot by Ipsos for Euronews revealed that the majority voters (63%) both view the Fee’s work negatively or haven’t any opinion, “suggesting the EU government shouldn’t be chopping by to most Europeans.”
Is that this any shock given the defining traits of the Von der Leyen period embrace financial decline and bare corruption; creeping digital censorship, surveillance and management; escalating conflict with Russia and and unabashed assist for Israel’s genocidal marketing campaign in Gaza? The truth that she’s nonetheless hotly tipped to carry onto the highest job on the EU’s more and more highly effective government arm regardless of all of this speaks volumes concerning the state of political management within the EU at present.
Lastly, one should not low cost VdL’s uncommon expertise for failing upwards. The final time she confronted a legal investigation, she was promoted to EU Fee President. As such, even when she does lose her present job or is prevented from being reappointed for a second time period, she’s going to in all probability land a brand new one that’s at the very least pretty much as good, if not higher — equivalent to, say, NATO chief. She has already amply proven she has a style for conflict and is blissfully beholden to US pursuits.
