Germany Opens Criminal Investigation Into NSA Tapping of Merkel's Phone

Germany’s chief federal prosecutor Harald Range opened a formal criminal investigation into allegations that the U.S. National Security Agency tapped Chancellor Angela Merkel’s cellphone, marking the first time a major U.S. ally launched criminal proceedings against American intelligence agencies for post-9/11 surveillance activities. The investigation came after intense public pressure following Edward Snowden’s October 2013 revelations that the NSA had monitored Merkel’s personal mobile phone communications.

Documents provided by Snowden indicated the NSA had monitored Merkel’s cellphone conversations for years, potentially dating back to 2002, and that she was one of 122 world leaders targeted by NSA and GCHQ surveillance programs. The revelations caused a major diplomatic crisis, with Merkel personally calling President Obama in October 2013 to demand answers. Obama reportedly did not deny the surveillance occurred but promised Merkel’s phone was not currently being monitored and would not be in the future, conspicuously avoiding any acknowledgment about past surveillance.

The criminal probe was limited to the alleged tapping of Merkel’s phone and filed against “persons unknown,” as German prosecutors lacked concrete evidence identifying specific NSA personnel responsible. Range had been under significant parliamentary and public pressure to investigate broader NSA surveillance in Germany, but he limited the scope to avoid a complete breakdown in intelligence cooperation with the United States.

In June 2015, German prosecutors closed the investigation after determining they could not obtain sufficient evidence that would stand up in court. The U.S. government refused to provide any original NSA documents or cooperate with the investigation, and prosecutors concluded the Snowden documents allowed for “various interpretations” that fell short of courtroom proof. The case demonstrated the practical limits of holding the U.S. intelligence community accountable for surveillance overreach even when targeting the leader of America’s closest European ally.

The investigation’s failure highlighted the asymmetric power dynamics in international intelligence surveillance, where the United States could spy on allied leaders with effective impunity while maintaining diplomatic relations. The episode permanently damaged U.S.-German intelligence cooperation, with Germany subsequently reducing intelligence sharing and pursuing European alternatives to U.S.-dominated communications infrastructure, accelerating the fragmentation of the global internet and trust in American technology companies.