Is Viktor Orbán playing chicken?

It was only yesterday that a lengthy psychological portrait entitled “The Patient’s Name is Viktor Orbán” appeared in Népszabadság under the pseudonym Iván Mester. The author is an associate professor, I assume of psychology or psychiatry, at an unnamed university. In this article “Mester” states that because of his character traits Orbán “is unable to stop … he is insatiable.” What is going on in front of our eyes is a manifestation of his inability to let go. He has to win against all odds.

This afternoon the latest episode of this “drama” (because I’m convinced that for the prime minister this is a real drama) took place in parliament. According to house rules, Orbán had to appear in parliament to answer questions personally. Gergely Bárándy (MSZP) wanted to know “who is lying” about the corruption case involving six Hungarian citizens, of whom at least three are high officials in the Hungarian equivalent of the Internal Revenue Service. Bárándy wanted to know whether it is true that the Hungarian government knows what these people are accused of by the U.S. government. The exchange can be read in an abbreviated form on the web site of the Prime Minister’s Office.

As Orbán explained, the U.S. chargé d’affaires claims that the president of the Nemzeti Adó- és Vámhivatal (NAV) can be personally tied to corruption involving an American firm doing business in Hungary. “According to Hungarian law, in a case like that one ought to start legal proceedings. This is what I expect from the president of NAV. If she does not do so without delay, I will replace her.” In Hungary a person found guilty of corruption does not get replaced but is locked up, said Orbán. “So, the stakes are high.” If the American diplomat can prove the charge and the court finds her guilty, then the head of NAV will be incarcerated. “But if, on the other hand, the American diplomat’s charges are untrue there will be consequences.”

Viktor Orbán is forging ahead

Bárándy pointed out in his rebuttal that the lawsuit Orbán is recommending cannot take place in Hungary. The only solution is what André Goodfriend, the U.S. chargé, has repeatedly recommended to Ildikó Vida, the head of NAV. She should apply for a visa at the U.S. Embassy in Budapest, whereupon she would be told the reasons for her ban.

Orbán countered that if an American chargé accuses a Hungarian official of a crime, he cannot “hide behind his diplomatic immunity. He should be a man and accept responsibility for his claims.”

What the official government version of the exchange did not mention but Népszabadság included in its coverage was the following dialogue between Orbán and Bárándy. The MSZP member of parliament asked whether Orbán “can venture to state that the Hungarian government and authorities have no knowledge of the nature of the cases that resulted in barring the president of NAV from the territory of the United States.” Orbán did not answer this question. Instead, he stressed that the solution lies “in the world of the law,” which in my opinion is a confirmation of the government’s knowledge of the American allegations.

André Goodfriend, as usual, responded promptly by posting a short note on Twitter: “US & Hungary have excellent legal cooperation, including a Mutual Legal Assistance Treaty.” And indeed, back in 2009 Secretary of State Hillary Clinton and Hungarian Foreign Minister Péter Balázs signed the Protocols of Exchange of Instruments of Ratification for the 2005 U.S.-Hungary Mutual Legal Assistance Protocols and the U.S.-Hungary Extradition Treaty. Clinton said at the time that “these twin agreements will give our police and prosecutors in both countries state-of-the-art tools to cooperate more effectively in bringing criminals to justice on both sides of the Atlantic. They form part of a network of similar agreements that the United States has reached with all the countries of the European Union.” Balázs, for his part, stressed the close cooperation between the two countries.

In addition to the Mutual Legal Assistance Treaty, Goodfriend called attention to a legal guide for judges written by a lawyer specializing in international litigation. The message is that Hungary should turn to the United States asking for official legal assistance. Apparently, the Hungarian prosecutor’s office did ask for assistance but the request was not official. Details of the differences between the two can be found in an earlier article in 444.hu.

The question is what Viktor Orbán is trying to achieve by this latest move. Among my knowledgeable friends one thinks that the foxy prime minister is trying to find an excuse to fire Ildikó Vida because “he knows that she is guilty.” My answer to this supposition is that of course Viktor Orbán knows full well that she is corrupt because she was put there for the very purpose of running a corrupt organization. That is part of her job description. She is there as the emissary of a corrupt government headed by the prime minister himself. Another friend, following the same line of reasoning, thinks that Vida’s refusal to sue Goodfriend will give Orbán an opportunity to fire Vida in such a way that he will not be seen as bending under U.S. pressure. This way he will save face. I don’t see much merit in that hypothesis either. What prevents Ildikó Vida from bringing charges against Goodfriend? Nothing. She can certainly try. It could happen that the court refuses to hear the case, but this would not be Vida’s fault. She sued, just as Orbán demanded. Another possibility would be if the Hungarian courts decided to hear the case but the United States government forbade Goodfriend from appearing in court. Thus he would be a man who does not accept responsibility for his claims, to use Orbán’s words. In my opinion that would be the best scenario as far as Viktor Orbán is concerned. And, as opposed to my friends, I believe this is exactly what he is planning to do. What do you think?