The trial against AfD politician Björn Höcke was delayed due to various motions and objections from the defense. Höcke’s lawyers requested that the proceedings be fully documented by audio recording and also demanded that the Federal Constitutional Court decide whether the District Court in Halle or the Local Court in Merseburg is responsible for the trial. The presiding judge and the chamber rejected the request for recording the proceedings by decision. The prosecution expressed their frustration with the defense’s actions, with the court spokesperson indicating that the trial could continue in Halle even if the Federal Constitutional Court decides on the jurisdiction. The prosecution accused Höcke of knowing the origin of the SA slogan “Alles für Deutschland”, which is banned, and it is the first legal process against him. Höcke did not comment on the accusation on the first day of trial, with his lawyer stating that he will do so later.
Prior to the start of the trial, opponents of the politician gathered outside the courthouse in Halle, with police estimating around 260 to 570 individuals showing up from groups such as “Halle gegen Rechts” and the “Vereinigung der Verfolgten des Naziregimes – Bund der Antifaschistinnen und Antifaschisten”. Participants carried signs labeling the 52-year-old as a “Nazi”. Höcke is accused of using symbols of unconstitutional and terrorist organizations, specifically for using a banned slogan of the SA in a speech. The range of punishment for such actions includes a fine or a prison sentence of up to three years. The trial, chaired by Judge Jan Stengel, is scheduled for four days, with a verdict expected to be announced on May 14.
In the upcoming Thuringia state elections on September 1st, Höcke aims to run as the AfD lead candidate despite the party being classified as clearly right-wing extremist by the state’s constitutional protection office. The accusations against Höcke involve his use of a banned SA slogan in a speech in May 2021 in Merseburg and at an AfD event in Gera in December of the same year. He faces charges for using symbols of unconstitutional and terrorist organizations, with a potential penalty ranging from a fine to a three-year prison sentence. Höcke defended his choice of words in a pre-trial TV duel against the Thuringian CDU candidate, stating that he did not know the historical context of the slogan. He explained that he interpreted the phrase “America First” freely in German.
If convicted, Höcke’s candidacy in Thuringia could be affected as the state election law prohibits individuals who are disqualified from voting or holding public office due to a court ruling. The court could potentially suspend his political rights, preventing him from running or holding public positions for a specific period of up to five years if he is sentenced to at least six months in prison. While a conviction could impact his candidacy within the party, there would be no internal consequences within the Thuringian AfD according to party statutes. However, the party law states that individuals lacking voting or candidacy rights due to a court judgment cannot be members of a party. The outcome of the trial and its implications for Höcke are uncertain at this stage.
