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Lavajato is dead

The news had the makings of a “bomb” in the headlines of the international media on International Women’s Day. The sensation was also reflected in the so-called leading German media such as Tagesschau. However, none of the German short reports signaled an offer of thorough research or a review of the political context. For example, the lawless to criminal judicial war of the Lavajato Einsatzgruppe, known as Lawfare, which began in Brazil in 2014 and extended to Argentina, Peru and Ecuador until 2020, has been highlighted several times by the reflection pages in recent years.

The alternative media have already produced another dossier for the mainstream-acclaimed anti-corruption campaigner in 2019. Reliable sources document how the Brazilian lawyer was set up by the US Department of State and Justice during the Barack Obama/Joe Biden administration and used to destabilise the rule of law and destroy Brazil’s heavy industry in Brazil. Backgrounds that leading media have not perceived and whose hidden intentions of the judgment cancellation they remain guilty even now to the German readers.

The “factor Lula”: judicial intrigue and military coup threat with turn in the corona crisis

There are weighty reasons for the fact that the reflection pages only take up the case almost two weeks after the cancellation of the judgment. On the one hand, the subsequent events reveal a considerable judicial and military intrigue behind Lula’s alleged “acquittal”. Not only was a kind of “company saves Moro” activated behind the scenes, but radical right-wing generals threatened again with a military coup in protest against the court decision. On the other hand, new leaks about the “company car wash” confirmed the assumption that the Berlin – based organization Transparency International-funded by EU governments, the CIA-affiliated National Endowment for Democracy (NED) and the George Soros Foundation Open Society-is deeply involved in the judicial scandal surrounding the “company car wash” with inadmissible negotiations on billions of euros and the party political advice for the presidential elections of 2018 and is unlawfully involved in the internal affairs of Brazil interfered.

Meanwhile, international and alternative media in Brazil have shot at the “candidate Lula”. With the annulment of the judgment, the ex-president has provisionally reconquered his fundamental political rights, which were legally suspended until 2035. With a more than 5 percent lead over a possible re-election candidate Jair Bolsonaro, the two-time former head of state is already being touted as a potential presidential candidate for the planned October 2022 elections. With a combative mixture of press conference and speech, Lula seemed to have re-entered the political stage last March 10.

Yes, with his sharp criticism of the catastrophic mismanagement and the terrible Covid death record of Bolsonaro (more than 290,000 deaths, as of 20.03.2021), his demand for Covid vaccines-the delivery of which he personally negotiated with the governments of China and Russia in the following days and asked for help from the US government-and his call for a “broad alliance”, including the political centre – right forces, Lula suddenly seemed to fill the power vacuum and to become the actual head of state in the country mark. The performance had unexpected consequences. In the twinkling of an eye, Bolsonaro exchanged his third for a fourth, albeit civilian Minister of Health, appeared in public exceptionally with a protective mask and – as usual a staged farce – as an unrecognizable supporter of the mass vaccination against Covid-19, which he had been fighting for months.

Since then, international media have been vying for a Lula interview. “EXCLUSIVE: Will @LulaOficial run for president of Brazil again?”, tweeted the British journalist of Iranian origin, Christiane Amanpour, and aired a 20-minute interview with Lula on the US channel CNN on March 18. In a snippet of this, the legendary politician succinctly explains: “If my party and the other allied parties believe that I could be the candidate, and if I am in good health, … I can assure you that I will not refuse this invitation.” Surely one can ask oneself, because Brazil has no other, more urgent concerns, is it not a bit too early to bring a presidential candidacy into discussion more than 1½ years before the planned election date?

It is indeed too early, but Brazil is dominated by a desgoverno, that is, “lack of government” – a scene of mass death, dehumanization and social devastation, in which Lula’s equally charismatic and pro-active personality radiates comfort and reawakens hope for millions of people. But despite all the sighs of relief and expectations-from the High Command of the Armed Forces to the justice system, which has been infiltrated by the right – wing extremists – massive resistance is already rising against the mere hypothesis of Lula’s renewed presidential candidacy. When asked about this, Bolsonaro again threatened a dictatorship.

Judge Fachins Double Game

However, since the official indictment of Lula in May 2017, the former president has been acquitted of four of the nine charges. With Judge Fachin’s decision that the 13th Chamber of the Federal Judiciary in Curitiba was not the competent court, Lula’s indictment and sentence to 9.5 years in prison are overturned. They relate to the false accusation that the ex-president received a penthouse in the beach resort of Guarujá for favoring the construction company OAS. Three other core allegations allege that Lula is also the owner of a weekend department in Atibaia near Sao Paulo, that his Lula institute received illegal donations and that he himself received illegal lecture fees.

But Judge Fachin’s statement that by canceling his jurisdiction, he yielded to a Habeas Corpus request from Lula’s defense attorneys dated November 3, 2020, lacks not only timeliness, but above all seriousness. The first legal act against Judge Sérgio Moro’s claim to jurisdiction was already submitted to the STF by Lula’s main defense attorneys Cristiano Zanin and Valeska Teixeira in 2016, but has been repeatedly rejected by various judges there. Had the judge in 1. Sérgio Moro, who did not dispute the cause of Lula to Teori Zavascki, the STF judge in charge of the case, would have taken a positive turn.

However, Judge Zavascki was killed in a plane crash in January 2017, which is still unexplained today, and Police Commissioner Adriano Antônio Soares, who was charged with investigating the crash, was shot dead by colleagues in September of the same year during an alleged bar fight. Causal relationships were disputed, but legitimate assumptions about the two deaths were never dispelled. In any case, Moro’s claim to jurisdiction was based on the false attribution that Lula was involved in the corruption affair involving the Petrobras oil company, which was never true and was admitted by the judge himself in 2017. In other words, if the High Court had taken the matter up, the former president would not have been convicted with insufficient evidence and probably would not have been put behind bars.

“The greatest judicial scandal of all time”: Judge Mendes and the power dispute in the High Court

Edson Fachin is one of the of democratic lawyers as disastrous and therefore emblematic cases specified by the judge failed nominations by the governments of Lula da Silva and Dilma Rousseff. As a former sympathizer of the Landless Movement (MST), the South Brazilian lawyer soon turned out to be an ally of Sérgio Moro and the Lavajato task force in the High Court and, as the successor of his dead colleague Teori Zavascki, he has since the end of 2017 cancelled all applications for Lula’s defence. With his latest official act, however, Fachin worked out a political trap. She was to take the wind out of the sails of another request by the defence of Lula.

However, Fachin thus intervened in the jurisdiction of his STF colleague and Heidelberg-based judge Gilmar Mendes, who, as chairman of an STF panel, has also had repeated requests for bias from Lula’s defense since December 2018, but whose votes have since been sabotaged and postponed. Mendes quickly recognized Fachin’s double game and, just one day after the annulment of the judgment, ordered a meeting of the ruling body he coordinated on Sérgio Moro’s actions. Minutes before the start of the session, Fachin asked the President of the Court, Judge Luiz Fux, to postpone the vote and transfer it to the STF Plenum. Fux rejected the application and gave Mendes the green light. He gave a nearly two-hour speech explaining his vote and pulled away from the leather. “Either we are dealing here with a fantastic work of literature that deserves the Nobel Prize, or – as the New York Times called it – it is indeed the biggest judicial scandal in human history!”.

The high judges Mendes and Ricardo Lewandowski just managed to cast their votes and declare that Moro was biased and that all judgments were null and void when the meeting and the vote were once again interrupted and adjourned; this time by Judge Kassio Nunes, recently nominated by Jair Bolsonaro to the STF, who demanded access to the trial documents. No soothsayer knows how long Nunes ' discernment will last, only the gods know. Judge Fachin voted against, Judge Carmen Lúcia wants to wait for Nunes ' reaction and only then cast her vote. So the provisional result is 2:1. However, for the judicial determination of Moro’s partiality, Judge Mendes needs at least three of the five votes. Now all eyes are on Kassio Nunes and on the calendar.

The tension is growing. The far-right infiltrated judicial apparatus feels pushed against the wall and responded with a signature list of 1,000 prosecutors in solidarity with Moro. The initiative was a reaction to the open letter from more than 300 Brazilian lawyers, politicians and world-renowned artists such as Chico Buarque, who demanded the immediate impeachment and conviction of Sérgio Moro, a demand that was followed a few days later by seven former justice ministers with a manifesto.

Then Judge Juiz Luiz Antonio Bonat, Moro’s successor in the 13th Chamber of the Federal Judiciary in Curitiba, continued the usual acts of retaliation there. According to protocol, he handed over all legal documents of the Causa Lula to a Federal Court in Brasilia, but continued to block Lula’s confiscated assets. In the list, Bonat suffered a ridiculous provocation with the performance of Lula’s never-owned penthouse in the beach resort of Guarujá, for which Moro had sentenced the ex-president to 9.5 years in prison and left 580 days and nights behind bars.

The construction of a parallel state by Sérgio Moro and Einsatzgruppe Lavajato

Inconclusive investigations, then insinuations, involvement of the media, reprimand murder, unannounced summons with 300 heavily armed police, house search, illegal abduction, wiretapping of private family conversations, a cascade of hanebüchen accusations, show trial and sentencing with the addition of having found no evidence, yet arrest and incarceration. Before, during and after, the judge and the prosecutor conduct thousands of conversations on the text app Telegram. Part of the talks perfectly documents that the Einsatzgruppe had no evidence against the ex-president, then laughed, found nothing, but invented a lot. Another part shudders at every lawyer who is oriented towards the rule of law with the realization that it was not the prosecutors but Sérgio Moro who commanded the Einsatzgruppe, violating the judicial mandate of independence. With hints, arrangements and coordination.

But it did not stop there. Judges and prosecutors were amused by Lula’s arrest, wishing for the crash of the plane that flies him to Curitiba. Use the group Manager Deltan Dallagnol quips in a conversation, the arrest of the Ex-President was due to the CIA. Then the Telegram gossips become personal and insulting. They make fun of the death of Lula’s wife Marisa, his grandson, and his brother while in prison. They flirt with the US Department of Justice, invite FBI officials to Curitiba without permission from the Attorney General’s Office and the STF.

The arrest of Lula, according to the Telegram conversations, was a “must” Sérgio Moros. But dozens of other defendants also suffered similar humiliations and violations of fundamental rights bordering on a police state. They were interrogated several times, pressured, threatened with heavy prison sentences, put in isolation, unless they told their henchmen names of third parties who wanted to hear them, but who proved nothing. Such was Leo Pinheiro’s testimony against Lula, who withdrew two previous statements and thus had his prison sentence reduced by 4/5. Serious illegal action against the accused, the law and the rule of law.

The new" national hero": hacker Walter Delgatti Neto

When judges of the STF – like its former chairman Dias Toffoli and colleague Gilmar Mendes – learned of the criminal actions of the alleged “anti-corruption fighters” and rebelled, the group around Moro and prosecutor Dallagnol vowed revenge and planned the arrest of both members of the High Court with the lying accusation of “corruption”. Criminally, but still not enough, the gangsters tried to embezzle 853 million US dollars, on which the Dept. of Justice in a mammoth lawsuit against Petrobras in the US as a penalty and wanted to surrender to the Brazilian judiciary. Then Einsatzgruppenleiter Dallagnol intervened, the juicy Batzen money should be made available for opaque “anti-corruption programs”, thus controlled unsupervised by the young gentlemen in Curitiba. An attempt that the Attorney General’s Office thwarted in no time at all and allegedly diverted the money for environmental protection measures.

What neither Moro nor Dallagnol and the crowd of Telegram gossips suspected was that their encrypted conversations, often as audio, were recorded by an amateur hacker, and already in 2019 appeared for the most part in the Brazilian edition of The Intercept news platform without source identification and triggered the biggest judicial scandal of all time. The uninvited” guest " of the secret talks was Walter Delgatti Neto, a 31-year-old law student from the provincial town of Araraquara who has been repeatedly accused of drug trafficking and who, alongside Lula, is currently one of the most sought-after interview stars, as well as the mainstream media.

Delgatti, however, convincingly stated that he had been an admirer of the Lavajato investigation, had found out Deltan Dallagnol’s Telegram password, and had first broken into his page to “inquire"about a lecture at a university in Ribeirão Preto. When logging in, he found that the prosecutor did not delete his files and read into his conversations. “I was a fan. But as soon as I understood the manipulation of these people, I felt betrayed. I have seen that the company car wash is anything but legal, so highly politically oriented”.

As a result of the Intercept releases, Delgatti was arrested in 2019 on the orders of Sérgio Moro during an “Operation Spoofing”. The name was supposed to indicate that Delgatti had “invented” the Telegram conversations for the purpose of defamation, thus “spoofing” the world. After around 14 months of pre-trial detention, the judiciary ordered his release in October 2020, but Delgatti is not allowed to own a mobile phone or use the Internet; an isolation that, through the Covid-19 measures, placed almost unbearable limits on his modest life in his grandmother’s house in the small town of Araraquara. This is now to be intensified with the threat of his re-incarceration after numerous interviews. But the young man still feels inspired by a certain euphoria when he recognizes himself as the “main character” of the downfall of Sérgio Moro and the gang of prosecutors in the cover stories of the media.

This much is clear: judge Moro lost the Rest of his reputation as a Minister of justice of the fascist Bolsonaro and use group Manager Dallagnol lost his Post. Company Lavajato is dead. Hacker Delgatti Neto therefore felt a special reason for joy last March 9. Then the High Judge Gilmar Mendes said: “If the (Telegram)dialogues were to be invented, the hacker from Araraquara would have to be a remarkable author of fiction, who is supposed to have written all this!”

Judge Mendes put forward the thesis, Moro and the Einsatzgruppe Lavajato pursued an unmistakable “power project”, which was also confirmed by Lula’s main defender Cristiano Zanin in Interview with Deutsche Welle. “It is clear that the judge (Sergio Moro) is aware of the effects of the (note.: negative) Coverage of the accused manipulated and moderated. The ability to provoke rather than wait for evidence in hand ensured that the judge was at the forefront of a narrative that culminated in the birth of a real power project. His goal was the political delegitimization of the Workers ' Party, especially of former President Luis Inácio Lula da Silva, in order to sabotage his electoral intentions,” Mendes stressed. And he pointed out that he claimed this “with the greatest composure” because he was not nominated by the PT to the STF and was seen as “a kind of opponent of some PT practices”. His warning: “Democracy requires opposition, adversity, but it … must not tolerate an image of the enemy. Whoever belongs to the opposition today can be in power tomorrow.” These words were followed by Mendes ‘courageous necrologue to the funeral of company Lavajato:” These false heroes will fill the cemeteries. Life goes on. The résumé of the opera is: you do not fight crime by committing crimes".

However, Moro," his “prosecutors and their lawfare-called judicial campaign against Lula and the Workers’ Party (PT) would not have existed without media propaganda. In the so-called” hybrid warfare", the" media front “plays a central role in generating the reputation murder, the fake news and the psychological attrition of the"enemy”. This role was taken over by the media group O Globo with its courtship of the Brazilian “anti-corruption campaigners”. What is astonishing, however, is Judge Mendes‘ civil courage with criticism of the media, which so far not a single one of his colleagues in the High Court has put forward so clearly. Already at the end of 2019, Gilmar Mendes took a position on the phenomenon he called" militant lavajatism “– that is, propaganda for Sérgio Moro – and told the Spanish daily El País: “I just gave an interview to the Globo Network and there they asked me, do not think they have attacks (note.: to the media) that you have suffered on the road?´. I replied, no, I did not cause them – they did, they are the originators. I have been in dialogue with Globo since last year and agreed in a joking tone (note.: the Globo columnist) Ali Kamel: If my wife becomes a widow, she may be able to file a lawsuit against her because you created this campaign journalism”. “You have created false heroes!”, Mendes also protested in a TV debate at the end of October 2019 in front of astonished and ashamed journalists.

Dr. Gilmar Mendes, an agent of Lula’s PT who was “infiltrated into the Supreme Court”? A laughable conspiracy theory, but so it was developed by Moro et al. often assumed. But by no means. It was Mendes who more than once diverted the objections of Lula’s defense attorneys to the High Court of Moro’s 13th Chamber and played into the hands of the executioner’s non-jurisdiction on the U.S. behalf. And it was Mendes who, exactly five years ago, thwarted the nomination of Lula as head of cabinet of President Dilma Rousseff in a night-and-fog campaign in March 2016. Long before that, however, the lawyer in the guise was regarded as an outspoken “enemy of the PT in the High Court”.

But three years later, “VazaJato”, the Delgatti-The-Intercept-Mammutleak, occurred, who “knocked” the lawyer and made him one of the last “guarantors” or rule-of-law legalists in Brazil Jair Bolsonaro mutated. Eloquent, well-read and driven by rare magisterial courage, Mendes has in recent years denounced not only the role of the media, but also the influence of neoliberal think tanks and NGOs such as the German Transparency International, which has worked with Moros Lawfare on a veritable financial and political plot against the remnants of democracy in Brazil. What prompted Mendes to warn, " the OECD is supposed to help us fight corruption instead of corrupting state officials.“In July 2020, Mendes and Transparency publicly clashed when the controversial Berlin NGO tried to prevent the transfer of its secret talks with Prosecutor Dallagnol to the Attorney General.

Berliner Transparency International advises criminal prosecution and intervenes in Brazilian domestic politics

Conversations in the Telegram app, which were exchanged between Prosecutor Deltan Dallagnol and Bruno Brandão-Managing director of the Brazilian office of Transparency International–, transmitted to Intercept Brasil and investigated by the judiciary, indicate just a lack of transparency about the relations between the NGO and companies Lavajato, was to be read as the lead of an extensive report of the Brazilian investigative portal A Pública from mid – September 2020 entitled “The alliance of Lavajato with Transparency International”.

“With worldwide credibility in the fight against corruption, Transparency International, also known by the acronym TI, has acted in recent years to defend Lavajato and his protagonists inside and outside Brazil through interviews, contacts with the press and public support,” the portal recalled. In December 2016, Sérgio Moro gave a lecture at the University of Heidelberg, which Transparency had arranged as a propaganda campaign.

According to the leaked Telegram notes, the NGO became active for Lavajato several times in and outside Brazil at the request of the prosecutor and Lavajato operations group leader Dallagnol. The chats show that Dallagnol maintained a close relationship with Bruno Brandão and approached him whenever the image of the Einsatzgruppe was in danger or he wanted to promote it. The chats also reveal that the NGO had access to a draft contract signed between the Task Force and Petrobras with fines for setting up an ominous “Lavajato Foundation”. Transparency, however, recommended to Dallagnol that it would be wiser if the prosecution were not represented on the board of the tens of millions of dollars foundation to avert suspicion, an expensive piece of advice that the vain Dallagnol did not follow, causing the House of Cards to collapse when former Attorney General Raquel Dodge prevented the deal with a decision of the Supreme Court (STF).

Asked by A Pública to comment, Transparency stated that partnership and cooperation with Lavajato are part of its work and “mission”. The NGO also stated that in order to carry out its mission, it “systematically conducts dialogues with public representatives of civil society, investigative journalists, etc. that” it is self-evident that, in fulfilling its institutional mission, it maintains an institutional partnership with the Public Prosecutor’s Office and cooperation with Lavajato, as well as with Greenfield, Amazonia and other Task Forces”.

The “statement”, however, concealed the true intentions of the corrupt duo Dallagnol/ Brandão. Namely, with the know-how of the state Economic foundation Getúlio Vargas and the goal of establishing an international compliance industry (for the successful prevention of criminal violations, horrendous fines and claims for damages of third parties), to launch a company called “Lava Jato Global”. Almost at the same time that this “Dallagnol Foundation”, with its budget of more than 800 million US dollars, was being secretly developed in Curitiba and Brasilia, prosecutor and Dallagnol commissioner Anselmo Lopes was already working with a certain Falcão and Transparency bureau chief Brandão on another “conversion way”, namely to turn the prestige of Lavajato into cash.

All Source will wait in the original german Article.