by J. Smith
The alleged “firefight” with Proll and Grashof was added to a growing list of propaganda stories used by the police to justify a massive nationwide search, with Federal Minister of the Interior Hans-Dietrich Genscher publicly declaring the RAF to be “Public Enemy Number One.” Apartments were raided in Gelsenkirchen, Frankfurt, Hamburg, and Bremen, yet the guerilla managed to elude capture.
Meanwhile, the trial of Horst Mahler, Ingrid Schubert, and Irene Goergens opened in West Berlin on March 1. Schubert and Goergens were charged with attempted murder and using force in the Baader jailbreak, while Mahler (who had arranged to be in court during the action, and so had an alibi) was charged as an accessory, and with illegal possession of a firearm.
This first RAF trial would set the tone for twenty years of collusion between the media, the police, and shadowy elements intent on presenting the guerilla in the most horrific light. The term “psychological warfare” was eventually adopted by the left to describe the phenomenon.
Already in February, police had announced that the RAF had plans to kidnap Chancellor Willy Brandt in order to force the state to release Mahler.3 The guerilla would subsequently deny this charge, claiming it was intended to make them look like “political idiots.”4
Then, on February 25, a seven-year-old boy was kidnapped. Newspapers announced that his captors were demanding close to $50,000 ransom as well as the release of “the left-wing lawyer in Berlin,” which journalists quickly explained must be a reference to Mahler.5
Clearly horrified, Mahler made a public appeal to the kidnappers to release the child.6 At the same time the provincial government of North Rhine-Westphalia agreed to pay the ransom—the boy was from a working class family that could not afford such a sum.7
Arrangements were made, a well-known lawyer agreeing to act as the go between. The money was delivered on Saturday February 27 and a young Michael Luhmer was released in the woods outside Munich, suffering from influenza but otherwise unharmed. According to the lawyer who personally delivered the money to the kidnappers, they denied being in the least bit interested in Mahler or anyone else from the RAF. Indeed, he came away with the impression that they were in fact “a rightist group like the Nazi party.”8 Police later announced that they suspected the son of a former SS officer of being involved in the plot.9
This first kidnapping occurred just as Mahler, Schubert, and Goergens were about to go on trial. This is what could be called a “false flag” action, a term referring to an attack carried out by certain parties under the banner of another group to which they are hostile in order to discredit them. As we shall see, false flag attacks were to plague the RAF throughout the 1970s, as all manner of antisocial crimes would be carried out or threatened by persons pretending to be from the guerilla.
The RAF repeatedly denied its involvement in these actions, and yet the slander often stuck.
Doubly vexing is the fact that in most of these false flag actions, no firm evidence has ever come to light proving who in fact was responsible. Suspicions have ranged from some secret service working for the state, or for NATO, or else perhaps neofascists, or some combination thereof. Or perhaps these were “normal” criminal acts, and it was the media or police who were fabricating details to tie them to the RAF.
Judging from experiences elsewhere in Europe, it is entirely possible that elements within the state, within NATO, and within the far right collaborated in some of these attacks. Such scenarios are known, for instance, to have played themselves out in France, Italy, and Turkey. The goal for such operations was generally not simply to discredit the left-wing guerilla, but rather to create a general climate of fear in which people would rally to the hard right.
In most cases, we may never know, but amazingly enough, there was a second false flag kidnapping during the first RAF trial, and the authors of this second crime actually ended up admitting the ruse.
On Sunday April 25, newspapers reported that a university professor and his friend had been kidnapped by the guerilla, which was threatening to execute them if Mahler, Schubert, and Goergens were not released. The kidnappers were allegedly demanding that the three be allowed to travel to a country of their choosing, and insisted that this be announced on television.1
Two days later, the men were found, one of them tied to a tree. The kidnappers, however, were nowhere in sight. After some questioning, the “captives” broke down and admitted that they had staged the entire thing in the hopes of scaring people into voting against the “left-wing” SPD in the provincial elections in Schleswig-Holstein.2 The mastermind behind this plan, Jürgen Rieger,3 was active in neofascist circles; he would eventually be sentenced to six months in prison as a result.
As a corollary to these staged actions, the police were happy to oblige by setting the scene at the trial itself:
The criminal court in the Moabit prison had been transformed into a fortress for the trial. There were policemen armed with submachine guns patrolling the corridors, the entrances and exits; outside the building stood vehicles with their engines running and carrying teams of men, there were officers carrying radio equipment, and more units waited in the inner courtyard to go into action if needed.4
Far-right hoaxes were helping to justify shocking levels of police militarization and repression. One did not need to be a paranoid conspiracy theorist to think that the state was more than willing to play dirty in order to get rid of its new armed opponents and that the talk of a “fascist drift” was more than mere rhetoric.
Not that the radical left was unwilling to fight for the captured combatants, though kidnapping innocent children or academics would never feature amongst its strategies. When kidnappings would eventually be carried out, the targets would always be important members of the establishment, men with personal ties to the system against which the guerilla fought.
In 1971, however, nobody was in a position to carry out such operations, and so the struggle for the prisoners’ freedom took place largely in the streets. As the trial wrapped up, rioting broke out for two days in West Berlin: “youths blocked traffic, and smashed store and car windows,” all the while shouting slogans like “Free Mahler!” and “Hands off Mahler!”5
Clearly, although its capacities were not yet developed, a section of the left was willing to carry out militant actions in support of the guerilla, while itself preferring to remain aboveground.
In late May, after twenty-two days in court, the verdicts came down. Goergens was sentenced to four years youth custody, and Schubert received a six-year sentence.1
It should be noted that both women would soon have additional years tacked on, as they also faced charges relating to various bank robberies.2
As for Horst Mahler, he was found not guilty, but was kept in custody as the state appealed the verdict. He was also facing additional charges stemming from the bank robberies.3
Throughout the trial, other combatants had been picked up by the state.
On April 12, 1971, Ilse Stachowiak was recognized by a policeman and arrested in Frankfurt. Known by her nickname “Tinny,” Stachowiak was probably the youngest member of the guerilla, having joined in 1970 at the age of sixteen.
The next day, Rolf Heissler was arrested trying to rob a bank in Munich. Heissler had previously been active in the Munich Tupamaros (a Bavarian group inspired by the West Berlin Tupamaros),4 but had followed his ex-wife Brigitte Mohnhaupt into the RAF.
Then, on May 6, not three months after her narrow escape in Frankfurt, Astrid Proll was recognized in Hamburg by a gas station attendant who called the police—she tried to escape by car, but was surrounded by armed cops and arrested.5
Two documents appeared about this time, each allegedly produced by the RAF. The first of these, Regarding the Armed Struggle in West Europe, was published under the innocent title “New Traffic Regulations” by the radical West Berlin publishing house of Klaus Wagenbach.6 Not only did this lead to Wagenbach receiving a suspended nine-month sentence under §1297—the catch-all “suppo
rting a criminal organization” paragraph of the Orwellian 1951 security legislation—but the document was quickly disavowed by the RAF itself: it had been written by Mahler in prison, without consultation with any of the others, and did not sit well with the rest of the group.
While Mahler would remain in the RAF for the time being, this was the first visible sign of an ongoing process of estrangement between the former attorney and the rest of the guerilla.
Almost at the same time as Mahler’s document began to circulate, a second text, one which enjoyed the approval of the entire RAF, was released. On May 1, at the annual May Day demonstrations, supporters distributed what became known as the RAF’s foundational manifesto, emblazoned with a red star and a Kalashnikov submachine gun: The Urban Guerilla Concept. This text was widely reprinted, not only in radical publications like 883, but in the mainstream Spiegel, the result of a deal whereby the liberal weekly agreed to “donate” 20,000 DM to youth shelters.8
Drawing heavily on the guerillas’ experiences in the APO, and what they saw as the weaknesses of the New Left, The Urban Guerilla Concept tried to answer some of the questions people were asking about the RAF, while critiquing both the anarchist scene and the K-groups (referred to respectfully as “the proletarian organizations”). It also constituted an open invitation to join with the guerilla in the underground.
It was a document aimed at the seasoned activists of the left, speaking to their sense of frustration with the legal struggle in the hope that they might be won over to clandestinity.
Faced With This Justice System, We Can’t Be Bothered Defending Ourselves
This was Thorwald Proll’s closing statement in the Frankfurt Department Store Firebombing Trial. (M. & S.)
The trial for conspiracy to commit arson followed the trial for committing arson. But that’s obviously another question. Justice is the justice of the ruling class. Faced with a justice system that speaks in the name of the ruling class—and speaks dishonestly—we can’t be bothered defending ourselves. Faced with a justice system that forced a student couple underground by using laws regarding breach of the public peace and causing a disturbance from the year 1870/71 to sentence them to 12 months without parole, we can’t be bothered defending ourselves (breachers of the public peace, torch their ramshackle peace).
Faced with a justice system that uses laws from 1870/71 and then talks about what’s right—and speaks dishonestly—we can’t be bothered defending ourselves. Faced with a justice system that gave Daniel Cohn-Bendit1 (lex Benda, lex Bendit) an 8-month suspended sentence for jumping over a security fence, we can’t be bothered defending ourselves. Faced with a justice system that, on the other hand, only pursued most Nazi trials in order to ease their own guilty right-wing conscience, trials in which they charge anyone that swore the Führer Oath2 as a criminal, an act which the entire justice system quite willingly engaged in itself in 1933; faced with a justice system like that, we can’t be bothered defending ourselves.
Faced with a justice system that prosecutes the minor murderers of Jews and lets the major murderers of Jews run around free, we can’t be bothered defending ourselves. Faced with a justice system that in 1933 shamelessly plunged into fascism and in 1945 just as shamelessly deserted it, we can’t be bothered defending ourselves. Furthermore, faced with a justice system that already in the Weimar Republic always sentenced leftists more heavily (Ernst Niekisch,3 Ernst Toller4) than right wingers (Adolf Hitler5), that rewarded the murderers of Rosa Luxemburg and Karl Liebknecht6 (and in so doing became complicit in their deaths), we can’t be bothered defending ourselves. Comrades, we want to take a moment to remember Rosa Luxemburg and Karl Liebknecht—stand up!—the eye of the law sits in this court.
Faced with a justice system that never dismantled its authoritarian structure, but constantly renews it, we can’t be bothered defending ourselves. Faced with a justice system that says might makes right and might comes before right (might is always right), we can’t be bothered defending ourselves. All power to freedom! Faced with a justice system that defends property and possessions better than it does human beings, we can’t be bothered defending ourselves. Faced with a justice system that is an instrument of social order, we can’t be bothered defending ourselves.
Faced with a justice system that makes laws against the people rather than for them, we can’t be bothered defending ourselves. Human rights only for the right humans (the state that leans to the right). Right is what the state does, and it’s always right. The state is the only criminal activity allowed. In a capitalist democracy such as this, in an indirect democracy such as this, it is possible for anyone to end up ruling over anyone, and that’s how it should stay, and don’t ask for how much longer. The ruling morality is bourgeois morality, and bourgeois morality is immoral. Bourgeois morality is and will remain immoral. If it is reformed, it will only result in a new form of immorality (and nothing more). Faced with a justice system that undermines the ethical underpinnings of the people (whatever they may be), we can’t be bothered defending ourselves. This state prosecutor is nothing more than a piece of the criminal justice system. He requested 6 years of prison time.
Furthermore, faced with a justice system that says it represents the people, but means that it represents the ruling class, we can’t be bothered defending ourselves. Faced with a justice system that works to assure the ongoing reproduction of existing relationships, we can’t be bothered defending ourselves. Faced with a justice system for which the (so-called) criminal class is and will remain the criminal class, we can’t be bothered defending ourselves. What does return to society mean? Back to which society? Back to the capitalist society where you will have the opportunity to re-offend? Back to the bourgeois, capitalist society that is itself a prison, which amounts to going from one hole to another.
Every reform to criminal law only reforms the existing criminal injustice; criminal law is criminal injustice; the sentence is the injustice. I wouldn’t again offend against society, if they didn’t give me another reason to do so. How am I supposed to return changed to an unchanged society, and so on, and so forth. It is not the laws that need to be changed; it’s the society that must be changed. We want a socialist society. Faced with a justice system that plays homage to an abstract concept of law (Roman law is Bohemian law) and does not see individuals as the result of their society, we can’t be bothered defending ourselves. Faced with a justice system that treats defendants as second-class citizens, we can’t be bothered defending ourselves.
Furthermore, faced with a justice system that is a system of the ruling class, we can’t be bothered defending ourselves. (And furthermore) faced with a justice system that doesn’t reduce delinquency, but creates ever more of it (guilty verdicts and acquittals), we can’t be bothered defending ourselves (the outcome can only serve their interests). In an authoritarian democracy like this one, it can never amount to more than an assessment of guilt or innocence. The judge sentences the individual, not the society and not himself. What’s the magic word? The magic word is power, and it means the death of freedom! What do we have here that does not come from Nietzsche, that sociopath? For example, the will to power. You should think about power, but do not think that power thinks about disempowering itself at some point; ergo: destroy power (the question of power, the power of the question). Faced with a justice system that wants power and not freedom, we can’t be bothered defending ourselves (what freedom do you mean—bourgeois freedom is servitude, and socialist freedom is a long way off).
Furthermore, faced with a justice system that seeks to criminalize Kommune 1 and has persecuted them with an endless series of trials, we can’t be bothered defending ourselves. Such a justice system should itself be put on trial. Faced with a justice system that seeks to criminalize a section of the SDS, we can’t be bothered defending ourselves. How can the public peace of 1870/71 be broken in 1967/68? Yet again: torch this ramshackle peace!
Furthermore, faced with a justice system with a concept of
law—a deceitful concept—that is shaped by the opinions of the ruling class (already the case with Franz von Liszt1 in 1882) we can’t be bothered defending ourselves. Furthermore, faced with a justice system that doesn’t see crime as a social phenomenon and which passes sentences that serve no social function (Franz von Liszt), we can’t be bothered defending ourselves. Faced with a justice system that speaks of punishment— meaning oppression, meaning repression—helping the offender, while in fact defending bourgeois society, always defending it, defending it to the end; faced with such a justice system, we can’t be bothered defending ourselves.
Quotes from the first draft of the reforms to the criminal code: “The bitter necessity of punishment.” “Responsibility lies with the law breakers” (and not the representatives of the law), “given the flawed nature of people” (and so it will remain in a capitalist society such as this, in which antiauthoritarian structures that promote perfection don’t exist and there are no examples of moral perfection—the principle of guilt, which guarantees the continuation of the principle of punishment, lives on, spelling the death of freedom and assuring the integrity of power). Another quote from the first draft of the criminal law reforms (this will be the last one): “(W)hat the principle of punishment presupposes is a virtually unchallenged standard of criminal law, etc., etc.” When will this stop?
Faced with a justice system that holds that the irrational standards of criminal law and criminology are appropriate, that denies the reality of the capitalist social order, that denies and suppresses psychology and the study of crime in a particularly nauseating way, constantly impeding them, that treats criminology as a science of social relationships; faced with such a justice system, we can’t be bothered defending ourselves. Furthermore, faced with a justice system that represents the law of the ruling class—represents duplicity—we can’t be bothered defending ourselves.
Furthermore, bourgeois morality is and remains immoral, and if reformed, it is only as a new immorality. All attempts at reform are pointless, because they are inherent to the system. We demand the resignation of Minister of Justice Heinemann (also a pointless demand). Where is the judge who will turn his back on this crap and join the general strike, instead of remaining eternally stuck up to his armpits in this shit? Where are the antiauthoritarian judges? I can’t see them. This is your chance, Herr Zoebe,1 to be the first. I wrote that before I knew you. Later, you responded to the word democracy like it was leprosy, which is to say, you shrunk away from the concept. And for you, resocialization sends you into a rage; it’s the final blow. And for you it should be the final blow. Always: the final blow.
