F-35: Amherd Risks Liability for Extra Costs (cross-border guide)

CdG ascertains that Amherd knew of the F-35 cost risks months earlier. Three-year prescription expiring, Wyssmann asks for an interruption.
Context
In brief
- The CdG established that Amherd was aware of the risks of extra costs on the F-35s months before informing the Federal Council.
- No final price was ever set for the purchase of the 36 jets.
- UDC National Councillor Wyssmann is asking to block the statute of limitations for potential liability actions.
- The three-year deadline to take legal action may expire soon.
Key facts
- What: Investigation by the National Council's Committee of Administration regarding the purchase of the F-35s.
- When: Report recently published; three-year statute of limitations is running.
- Where: Bern, federal level.
- Who: Former Federal Councillor Viola Amherd, CdG, National Councillor Rémy Wyssmann (UDC), Federal Council.
- Amount: Potential damage not yet specified; previous Bischof case involved 112,500 francs.
- Legal basis: Art. 5 para. 3 of the Ordinance on the Liability Act.
The CdG investigation and its findings
The National Council's Committee of Administration (CdG) has concluded its investigations into the methods used to purchase the 36 F-35 jets. According to the report, former Federal Councillor Viola Amherd was aware, months before informing the Federal Council, of the risk of additional costs. Furthermore, a final price for the contract was never set. Amherd, currently in Oslo for the funeral of Norwegian King Harald V, has so far chosen silence and has not responded to journalists' requests.
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Operational details
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Source: tio.ch
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Frequently Asked Questions
- What has the Management Commission ascertained about the purchase of the F-35s?
- The CoG concluded that former Federal Councillor Viola Amherd was aware, months before informing the Federal Council, of the risk of additional costs for the 36 F-35 jets. In addition, no final price has ever been set for the order.
- What is the legal risk to Viola Amherd and the officials involved?
- The UDC national councillor Rémy Wyssmann asks to block the three-year limitation period for any civil liability actions. The three-year period starts from the moment you become aware of the possible damage and may expire shortly.
- How can the prescription be stopped according to Wyssmann?
- Wyssmann explains that a five-minute phone call with Amherd, in which she agrees in writing to waive the statute of limitations exception, without any admission of guilt, would suffice. So far, the Federal Council has not taken this step.
- What are the precedents for personal liability of a federal magistrate?
- A historical precedent is the case of the councilor to the States Pirmin Bischof (Centro), held personally responsible for the bankruptcy of the cantonal Bank of Solothurn in the 1990s and ordered to pay 112,500 francs.
- Who decides on the possible liability action against Amherd?
- According to art. 5 para. 3 of the Ordinance on Liability Law, the competence for legal actions against a former Federal Councillor lies with the Federal Council as a whole; for officials of the Department of Defence, the responsibility lies with the Department itself.