A few weeks ago, Ben posted some comments about a Der Spiegel article that suggested the tensions between the United States and Germany were likely to die down. Not so fast, it appears. Germany’s top prosecutor has announced that he is opening an investigation into the alleged tapping of Chancellor Angela Merkel’s cell phone. A statement from the prosecutor’s office indicated that any charges filed would likely come under Article 99 of the German penal code, which states in relevant part, “Those who carry out secret service activities for a foreign power against the German state are subject to up to five years or in extreme cases up to 10 years in prison.”

Ashley S. Deeks, Germany’s Prosecutor Rolls Up His Sleeves on NSA Surveillance, Lawfare (June 6, 2014).