Several states filed charges against von der Leyen for corruption in the context of SMS Gates. Between political obstruction of the investigation and search for support, what future for Ursula ?

Since 2021, the non-profit association BonSens.org, has carried out several legal actions, including civil action against Santé Publique France and Pfizer/BioNtech, in order to obtain the nullity of the contracts for the acquisition of vaccines against covid on the general grounds that “fraud corrupts everything ”. Their negotiation, carried out by a dedicated team, was marked by numerous SMS exchanges between President Ursula Von der Leyen and Albert Bourla, president of Pfizer, the content of which remains unknown to this day. After analysis, law specialist Olivier Frot declared “a contract so favorable to the industrialist seems abnormal to me ”.

With a view to removing opacity both on contracts and on negotiation elements, BonSens.org sought to obtain the text messages through a procedure in France and the United States. Indeed, there are reasons to believe that the SMS contain a corruption pact which could explain the leonine clauses of this contract , in particular the absence of responsibility of Pfizer for adverse effects, but also the absence of exact product specifications. .

Faced with the impossibility of obtaining the SMS messages, Frédéric Baldan, a Belgian lobbyist, assumed that the SMS messages had been destroyed. On April 5, 2023, he filed a criminal complaint against Ursula von der Leyen in the hands of Frédéric Fresnay, investigating judge in Liège. The charges were usurpation of office and title, destruction of documents and illegal taking of interest and corruption . The Belgian investigating judge was therefore set off on a search for the text messages.

Very quickly, the Baldan-Von der Leyen affair took the form of a political fight, since the lobbyist saw his accreditations suspended and then was removed from the lists as a lobbyist. On June 8, 2023, in an interview referring to the cases (SMSGate, QatarGate, suspicions of corruption), Fréderic Baldan questionned: “in the face of business, can Ursula von der Leyen remain President of the European Commission?  ". 

Consequently. He filed a civil petition before the General Court of the European Union (TPE) requesting the suspension of Ursula von der Leyen and the European commissioners while they were "under scrutiny" for a criminal legal action. This was in order to avoid any political pressure (from Ursula von der Leyen or others) on judges and thus guarantee the fundamental rights of Baldan and the good administration of justice.

A few weeks later, Florian Philippot, president of the French sovereignist party “Les Patriotes  ” joined the complaint filed by Baldan with Judge Frenay, before the Belgian political party ( VIVANT OsteBelgien ) filed a complaint in turn.

These affairs took an international turn. The first German channel made its front page in August 2023 on the complaint targeting Ursula von der Leyen : investigating the opacity of the EU's purchase contracts for anti-covid vaccines. Politico, EurActiv, l'Humanité, Blast and many other media reported these complaints while the French mainstream media and the AFP disregarded the duty to inform . Contacted by France-Soir in order to understand their silence on important information, AFP indicated that “ it was an editorial choice” over which they had complete discretion! However, on June 9, 2023, AFP published an award ceremony for Ursula von der Leyen by the University of Toulouse, the same day of the press conference by MEP Michèle Rivasi (now deceased) and Frédéric Baldan. This conference on SMS gate and contract opacity was not relayed by AFP. A double standard that did not fail to attract attention: celebrity information is published whilst criminal information isn't! Michele Rivasi passed away on november 28th, 2023.

First seen arriving as a candidate at NATO, Ursula von der Leyen announced on February 19, 2024 that she was seeking a second mandate as President of the European Commission. This news was not well received by the many opponents who are worried about the management of the health crisis as well as the billions sent in support of Ukraine while Emmanuel Macron “  no longer excludes anything to support the Ukraine” to the great dismay of the allies. Moreover, on March 16, 2024, the Public Senat site questioned “Presidency of the European Commission: Ursula von der Leyen, stop or again? ". The complaints against UVDL being once again passed over in silence.

Have the cases against Ursula von der Leyen disappeared?

A game of mail pong began.

First of all, Judge Frenay, contacted by France-Soir, replied “I am not legally competent to answer your questions. I am copying the King's Prosecutor of Liège and Ms.Vanderputten of the EPPO (European Public Prosecutor office) whom you may contact. Therefore, he politely directs us to Jennifer Vanderputten, European prosecutor delegated to the EPPO. The latter informs us that our message “ was sent to Tine Hollevoet, spokesperson for the European Public Prosecutor’s Office, who read us in copy  ”. And finally Tine Hollevoet answers us “  the investigation into the acquisition of COVID-19 vaccines in the European Union is still ongoing and covered by the secrecy of the investigation in order to preserve the evidence useful for the manifestation of the truth. Therefore, at this stage, we are unable to provide you with further details. As soon as we are able to communicate publicly about this investigation, we will relay the information via the usual media».

Back to square one. And off course, we should learn more through the usual media, without knowing which ones! Never mind, at France-Soir we are patient and we are used to multi-cushion billiard games. 

But in Brussels tongues are wagging and a person close to the case commented “the EPPO would obstruct the procedure so that the investigating judge cannot carry out his investigation” before adding “the EPPO is trying to give itself jurisdiction through a procedure before the Chamber in order to obstruct Frenay's investigation“.

The proper conduct of the investigation and the independence of justice would have been subject to obstacles, thereby justifying the fears of Fréderic Baldan. And our source reports that “the various parties will be heard soon, however we are really seeing attempts to have the judge removed from the case”.

EPPO exceeds its prerogatives in the Baldan-von der Leyen case

First of all, criminal law has a national application, because each country has its own criminal code, its own offenses and its own penalties. It is therefore not a European federal law or within the competence of Europe.

The autonomy of national criminal laws remains and is protected by investigating judges. The establishment of the EPPO in 2021 in Europe was widely criticized by countries where there were investigating judges such as France and Belgium , because this deprived them of part of their jurisdiction .  The EPPO has jurisdiction over offenses affecting the financial interests of the European Union (PIF directive).

Baldan claims are offenses that harm Belgium, but not Europe. It is therefore surprising that the EPPO intervenes since it does not have jurisdiction over the destruction of documents or SMS messages, because they are not a financial offense .

And our source confirmed the obstruction of the action of the investigating judge, before adding “  this problem of competence should not hold in normal times, there is real political interference. It's serious ".

A historical fact: countries joined Baldan's complaint

By continuing our investigation, we discovered and then obtained confirmation of a historical fact: several European states, including Poland and Hungary, had joined the complaint filed by Baldan with the investigating judge Frenay. Never seen before.

These two states, as well as Romania, have also been the subject of independent summons before the Belgian courts by Pfizer Inc to “oblige these countries to respect their commitments in terms of orders for vaccines against covid-19 which were placed within the framework of their contracts signed in 2021” as can be read on page 100 of the annual report of Pfizer Inc. Clearly, Pfizer is asking for “full payment for vaccine doses” ordered through the European contract, many of which Ms. Von der Leyen discussed and potentially negotiated with President Bourla.

Hungary, in a response that France-Soir was able to consult, explains “that it is having payment difficulties and is asking for the contract to be called into question following the influx of refugees from…. of Ukraine”.

Since then, it would appear that at least one other country, Romania, has joined the case investigated by Judge Frenay or is on the verge of doing so.

Obstruction: Political interference in a legal procedure should alert everyone, including the media

The situation is very complex with a complaint against President Ursula von der Leyen supported by at least 10 parties (Baldan,  Vivant Ostebelgien  the Belgian political party, Les Patriotes and at least two European countries, etc.) at the very moment when she is trying to run for another term as president. For this reason alone, the Public Senat (media of the french Senate) analysis of March 16 should be completed. 

States have never filed a criminal complaint against the President of a commission in office. This extraordinary fact alone should prevent Ursula von der Leyen to run for a second term. The EU Treaty, as well as the code of conduct defining the function of commissioner provide that commissioners must have the highest standards of morality, ethics and honesty. 

Within the Parliament, rumors are rife and tongues loosen when asked about Baldan's complaint: “Ursula was in a rage”. It was as a result of his complaint that Baldan first saw his accreditations suspended by Olivan Aviles , an N-1 of Ursula Von der Leyen working at the general secretariat, before being removed from the lobbying lists.

Another Brussel's affairs specialist comments “Ursula goes well beyond her prerogatives with the Baldan affair but look at what she did with her pony, is she really acting in the general interest? » Ursula Von der Leyen's pony was killed by a wolf – and that she took action against a real danger from wolf packs to livestock and potentially to humans in the EU. She asked the Commission to act! A case which did not fail to make Brussels smile. People have memory.

Of course no media would cover the story. The claimed editorial choice of AFP, for not covering the story, comes in handy, when considering ethics and professional conduct of the media. Out of the window goes the interest of the European citizen and his right to know the information. Same for the duty number 1 of the Munich Charter of journalists which requires that they “tell the truth whatever is the cost to them”.

Our source on the prosecution case carries on: “this complaint contains very serious elements and in normal times the investigating judge should have made good progress on this story and the requisitions taken, however someone is trying to prevent Judge Frenay from acting”.  

The cases before the investigating judge would therefore be silenced, because they would cause disruption in the re-election campaign. This in itself forms the basis of a sufficient reason for a "political intervention" with the EPPO in order to prevent Judge Frenay's investigation from taking place.

Macron and Renew's ongoing support of Ursula candidacy also constitutes possible complicity in obstructing this investigation, at the very least a political obstacle. This clearly demonstrates that Baldan was right to take the matter to court Europeans over his fears that Ursula von der Leyen would try to bury this investigation.

Ursula von der Leyen's political future seems as obscure as the contents of the blacked out vaccine contracts. Two remaining questions: who can still support Ursula? And who will she bring with her in her downfall?