Defense Moves to Dismiss Prosecutor's Recusal Motion – Michael Ballweg Trial

Defense: Recusal Motion Delayed and Lacks Substance

The defense argues that the motion was not filed in a timely manner, even though the prosecution had access to all relevant information during the legal discussion on March 12, 2025. According to the defense, the motion should have been submitted immediately as required under Section 25 (2) of the German Code of Criminal Procedure – which it was not.

Samimi further emphasized that the court had merely shared its preliminary legal assessment of the case, as expressly permitted under Section 257b of the Code. There was no pre-judgment of the outcome. The prosecution itself acknowledged during the March 17 hearing that no impermissible pre-judgment had occurred.

“A preliminary legal view expressed by a chamber cannot justify recusal of the entire panel,” said defense attorney Gregor Samimi in his written statement.

Second Recusal Motion Also Baseless

A second recusal motion, filed by the prosecution based on a court press release, was also rejected by the defense as unfounded. The presiding judge had not authorized the release, according to her official statement. The court’s press office operates independently and without directive from the panel.

“A fact-based court press release does not constitute grounds for recusal,” the defense concluded.

Case Status: Charges Faltering, Trial Continues

Following the legal discussion on March 12, 2025, the panel proposed a dismissal of the case under Section 153 (2) of the Criminal Procedure Code due to minimal culpability. The only remaining allegations involve small discrepancies related to VAT prepayments from Ballweg’s IT company, which have since been fully settled through the annual tax return.

The prosecution declined to accept the dismissal and instead submitted recusal motions against the presiding judge, reporting judge, and a third panel member.

Despite this development, the trial will continue on Tuesday, March 25, 2025, with additional witness testimony.

Michael Ballweg continues to call for public scrutiny of the proceedings:
“Criminal trials are public. I welcome the presence of the press and interested citizens at the next court sessions.”