My Letter to American Diplomats about a German Judge's Attack on the US Justice System

Judge Guise-Rübe has every right to denounce American justice. And American diplomats have the right to respond.

Here’s an email I just sent to the public-affairs offices of the American Embassy and several consulates:

Dear American Embassy and consular public-affairs departments,

My name is Andrew Hammel. I am an American citizen and lawyer (Texas bar card no. 00796698). I have lived in German for 20 years and speak fluent German. I have published many articles on the American and German justice systems both in German and English.

I am writing to let you know of an interview published today in a prominent German newspaper “Die Welt” which contains a number of harsh attacks on the American criminal justice system by a sitting German judge. The judge’s name is Dr. Ralph Guise-Rübe, and he is the President of the Hannover Regional Court.

The newspaper interviewed Dr. Guise-Rübe on the case of Jens Söring, a German national who was convicted of a double murder in Virginia in 1990 and released from American prison in 2019 on parole and deported back to Germany.

While discussing Mr. Söring’s case, Judge Guise-Rübe made the following statements. I will cite them in my translation first, and then in the original German:

“The American legal system does not obey the rule of law.”

„Das US- amerikanische Rechtssystem ist kein rechtsstaatliches System.“

„[In American prisons] there are not even attempts made to rehabilitate, to train, to provide therapy, or anything like that.”

„Da gibt es überhaupt gar keine Ansätze von Resozialisierung, von Schulung, Therapie oder Ähnliches.“

In the American criminal justice system, “it is often the case that there is no effort to discover the truth, but only to identify someone who can be blamed for the crime.”

„Es geht es deshalb oft nicht darum, tatsächlich die Wahrheit herauszufinden, sondern darum, einen Schuldigen zu präsentieren.“

I find these statements to be grossly inaccurate and defamatory. I am an American lawyer who worked as a criminal-defense lawyer for years, and have criticized the American criminal justice system publicly when I believed it was warranted. However, these statements go far beyond the kind of measured, balanced critique which one would expect from a judge.

In my view, these comments constitute irresponsible insults to the millions of American judges, jury members, prosecutors, and parole and probation officers who work tirelessly not just to deliver justice, but also to rehabilitate offenders.

Judge Guise-Rübe states, without any proof, that America is not a nation governed by the rule of law, that American judges and prosecutors “often” frame innocent people, and that American prison wardens and officers do nothing at all to rehabilitate prisoners, or to provide them with educational opportunities or therapy.

As you will immediately recognize, these statements are false. What makes matters worse is that these insults were communicated in a major German newspaper by a sitting German judge, who hears cases every day. Of course Judge Guise-Rübe enjoys a right to broadcast his opinions. However, in my view, these statements are highly questionable, and raise genuine questions about his judicial objectivity, at least in cases involving American court judgments.

I believe it would be appropriate for the American diplomatic service to issue a correction to these remarks, which will damage the reputation of American justice before a German-speaking audience of thousands.

If you would like more information or additional proof, I would be happy to assist you in any way. You may contact me at any time at this email address or at the mobile telephone number below.

Thank you very much in advance for your time and consideration.