Fischer-Lescano plagiarism review On 12 February 2011
Andreas Fischer-Lescano, professor of law at the
University of Bremen, prepared a review of Guttenberg's dissertation for the left-leaning German legal quarterly . Fischer-Lescano was co-editor of this publication. During a reference check he discovered an article of the
Neue Zürcher Zeitung (NZZ), published in 2003, of which passages had been included in Guttenberg's dissertation without citation. After this discovery Fischer-Lescano performed further searches and discovered seven more passages lacking proper citation. He discussed the findings with the other editors of and they decided that their publication, with only 1,800 subscribers, was not the appropriate forum to make the findings public. On 15 February 2011, the newspaper contacted law professor
Diethelm Klippel, the Bayreuth University ombudsman, and informed him of the plagiarism charges. Klippel had also been on the review committee for Guttenberg's doctoral dissertation. On the same day the newspaper informed Guttenberg and gave him a few hours to respond to the allegations. Guttenberg was on an official visit in
Poland that day. Fischer-Lescano informed Guttenberg's research supervisors Peter Häberle and
Rudolf Streinz about the charges. On the same day the German newspaper
Frankfurter Allgemeine Zeitung (FAZ) reported that the introduction of his dissertation was plagiarised from an FAZ-article from 1997, written by the political scientist Barbara Zehnpfennig. In a first statement Guttenberg, who was still in Poland, called the charge of his dissertation being plagiarised "abstruse". He insisted that the dissertation was his own achievement and that none of his employees helped him to draft it. The University of Bayreuth delegated the allegations against Guttenberg to its Commission on Professional Self Regulation in Science. On 16 February 2011, after his return from Poland, Guttenberg left for a surprise visit to German soldiers in
Afghanistan. He spent the night in the military camp
OP North in the war zone
Baghlan province. Although the visit had been planned weeks in advance, allegations were raised that this trip was some kind of "getaway" for Guttenberg. and launched as a
crowdsourced platform for internet users to submit claims of unattributed work in Guttenberg's dissertation, with GuttenPlag giving rise to
VroniPlag the following month. A scheduled speech at an election campaign in
Saxony-Anhalt was cancelled by Guttenberg because of his meeting with Angela Merkel. and confirmed that two criminal complaints had been filed against Guttenberg, one regarding possible
copyright violations and another on a possible false
statutory declaration. The second was immediately declined by the attorney due to apparent insubstantiality. The same day the newspaper
Süddeutsche Zeitung reported its findings that Guttenberg had used texts of 19 authors without correct attribution. Chancellor Angela Merkel declared: "He has my full confidence for his work, and this work is important. He has my support […] and we must wait until the university has completed its examination of the allegations". In an interview, the chancellor attested Guttenberg had a "head-on approach" on the allegations.
Use of Parliamentary Research Service On 19 February 2011, the German news magazine
Der Spiegel reported that Guttenberg had used works of the German Parliamentary Research Service (PRS) without proper attribution. Any publication of PRS papers requires prior approval by the German Bundestag's departmental management. During the weekend of 20 February 2011, Guttenberg re-read his dissertation to examine Guttenplag's findings as well as other findings. and declared that he had "lost track of the use of sources over the course of the seven years in which [he] worked on the thesis", but "at no point made mistakes by intention". Also on 21 February 2011, chancellor Merkel reiterated her support for Guttenberg and told journalists, This statement caused wide-spread anger and condemnation in the German
academic community.
Annette Schavan,
German minister of Education and Research, who two years later had to resign herself because of plagiarism related to her own dissertation, declared that she didn't "consider the incident to be a trifle", because "intellectual theft is not a small thing. The protection of
intellectual property is a higher good." The same day it became known that Guttenberg had used another PRS paper without proper citation. That evening Guttenberg attended a campaign event in
Kelkheim "Over the weekend I had another look at my doctorate thesis", Guttenberg declared and continued "I lost sight of the sources in one or two places. I wrote this piece of work myself and I stand by it, but I also stand by the rubbish I wrote." Guttenberg admitted "serious mistakes", which had not been made intentionally but "do not meet the ethical code of science", and apologized to people who had been hurt by his work. Distinct criticism on Guttenberg's crisis management was passed by
Norbert Lammert,
President of the German Bundestag. In an interview on 22 February 2013, Lammert also expressed his doubts about the reliability of the university's awarding process.
Loss of doctorate Parliamentary questioning On 23 February 2011, Lammert presided over a parliamentary questioning in the Bundestag on Guttenberg's use of PRS papers in his dissertation. During the questioning, politicians from the opposition called for Guttenberg's resignation and stated "I did not deliberately cheat, but made serious errors". Guttenberg declared: "I was certainly so arrogant as to believe that I could square the circle by trying to coordinate political passion and work, as well as academic and intellectual challenges, with being a young father" and apologized "for me this was overload, and today I regret to say that I couldn't manage it." According to accusations of misusing the German Parliamentary Research Service (PRS), Guttenberg pointed out that all studies had been related to his political work. He noted that all papers had been cited, but without the authors' names, as they had been employees of the PRS. Guttenberg stated that he couldn't answer whether he had sought prior approval to use these reports for his thesis, but that he had already apologized to Bundestag President Lammert in case of a potential oversight. The University's president Rüdiger Bormann declared that Guttenberg had "objectively not conformed" to academic standards. According to Bormann, this fast revocation was possible because of Guttenberg's statement. The doctoral commission made no judgment as to whether Guttenberg had acted intentionally, Such an investigation would "surely have been an extended process", Bormann declared, which was unnecessary after Guttenberg's request for a withdrawal of his title. Chancellor Merkel commented on the revocation of Guttenberg's title as being "in line of what he had requested". However, Lammert acknowledged the fact that it was widespread practice among Bundestag members to use documents prepared by the parliamentary research service without first obtaining the necessary approval. The successor of Guttenberg's research supervisor
Peter Häberle at the University of Bayreuth,
Oliver Lepsius, alleged that the minister made the mistakes deliberately, and accused him of fraud. Media reported that between 1999 and 2006, a new chair of the University of Bayreuth had been sponsored with by
Rhön-Klinikum. Until 2002, Guttenberg's family held a major stake in the hospital, and he had been a member of its
supervisory board. In a statement, the university denied any sponsoring by Guttenberg, as the funding had been part of a cooperation between the university, a health insurance, the state of Bavaria, and Rhön-Klinikum. Two days later, minister Schavan in an interview criticized Guttenberg for his thesis: Bundestag's president Lammert called the affair a "nail in the coffin for trust in our democracy". Asked for Merkel's opinion on the fraud accusation by Oliver Lepsius, Seibert declared that "fraud requires intention. Any intention was denied by Guttenberg. The Chancellor believes him." Guttenberg himself gained strong support at a CSU meeting in Munich, while several CSU politicians sharply criticized Lammert and Schavan for their comments.
Resignation as Defense Minister On 1 March 2011, Guttenberg declared his resignation from all political offices at national level. He called this decision the "most painful step of my life" and declared "I was always ready to fight, but I have reached the limits of my strength". "I must agree with my enemies who say that I was not appointed minister for self-defence, but defence minister" Guttenberg said in view of his ministerial office. As for the inquiry regarding his dissertation, he announced his full cooperation with the district attorney's investigations. Guttenberg thanked Angela Merkel for her support, trust, and understanding.
Apology On 2 March 2011 the district attorney's office in Hof announced the launch of an investigation into potential copyright violations contained in Guttenberg's dissertation as soon as his
immunity would be withdrawn. With his official resignation as
Member of Parliament the following day, Guttenberg no longer had parliamentary immunity, thus allowing the district attorney's investigations to proceed. Media reported on more than 80 charges, which had been filed. On 3 March 2011 Guttenberg received his dismissal certificate in a ceremony hosted by
German President Christian Wulff. The same day, media reported about an anonymous member of the Commission of Professional Self Regulation in Science allegedly accusing Guttenberg of deception. In contrast,
Volker Rieble, law professor at
LMU Munich, himself a strong critic of Guttenberg's dissertation, published an
op-ed disputing the legal basis for further investigations as the university had already revoked Guttenberg's doctorate and that he was no longer affiliated with the university. On March 5, 2011, the research supervisors Peter Häberle and Rudolf Streinz issued a statement claiming that in 2006, when the dissertation was completed, the plagiarism wasn't detectable due to a lack of technical opportunities. Without knowledge of the copied passages, Guttenberg's dissertation demonstrated "a high degree of analytical depths and penetrated the dissertation topic in all its facets", Häberle emphasized. The supervisors commented on Guttenberg's doctoral examination procedure and its grading (summa cum laude): On 7 March 2011 the district attorney's office in Hof announced the launch of a preliminary investigation into potential copyright violations by Guttenberg. The University of Bayreuth, on 8 March 2011, announced the expansion of the commission investigating Guttenberg's dissertation to also include
Wolfgang Löwer, professor of law at
University of Bonn, and
Jürgen Mittelstraß, professor of philosophy at
University of Konstanz. A few days later, as a means of taking responsibility for his misconduct, Guttenberg sent personal apology letters to all those authors who were not properly acknowledged in his dissertation. Guttenberg resigned from his last political office, the
Kulmbach county council, on 15 March 2011. At the same day the open letter, signed by 63,713 people, was delivered to the
Chancellery in
Berlin. On 20 March 2011 the
Zurich weekly
Neue Zürcher Zeitung published extracts of an apology Guttenberg had sent to Klara Obermüller for not quoting her in his dissertation.
Commission report and response On 7 April 2011, the Commission of Professional Self Regulation in Science sent its report of preliminary findings to Guttenberg asking for his response by 26 April 2011. On 9 April 2011, there was a first leak of the commission's initial findings to the press, in which Guttenberg was accused of deliberate deception. Guttenberg's lawyer sharply criticized the commission's leaks as an unfair "prejudgment" of his client given that the press reports were published both before the end of the investigation and before the 26 April deadline Guttenberg had been given by the university to respond to the commission's report before its public release. His lawyer also pointed out that the leaks were a violation of Guttenberg's
personal rights. an allegation that he rejected. Several representatives from universities and science demanded the release of the commission's report due to public interest. A spokesman of the university rejected the lawyer's charges and stated that there had been no official report accusing Guttenberg of deliberate deception. Guttenberg's lawyers declared on 13 April 2011 that he was still standing by his commitment of full cooperation but that he was opposed to leaks to the press, which violated proper proceedings and caused prejudgment. Guttenberg had no objection against publishing the commission's report after end of proceedings, the lawyers said. A few days later media published extracts from Guttenberg's initial response to the commission. Guttenberg denied any deliberate plagiarism. He described the working-method during the several years of his dissertation as often working in short periods and using various different data carriers. This led to his losing oversight of the dissertation, Guttenberg stated. Guttenberg sent his response to the commission's draft report on 26 April 2011. In the following days media again published extracts of his response. On 10 May 2011 media reported that one author, whose work was copied, filed a complaint against Guttenberg with the district attorney's office in Hof. ==Report of Commission of Professional Self Regulation in Science==