Mask affair | The woman who took off Spahn's mask

Margaretha Sudhof (SPD), special investigator in the Jens Spahn (CDU) mask scandal, spoke before the Bundestag's Budget Committee on Tuesday. The reason for the special session and her invitation was the leak of the "Report of the Expert Advisor," known as the "Sudhof Report," last Friday. It is arguably the high-profile climax of a career that was essentially already over. How did this come about?

Until her retirement in 2023, Sudhof served, among other roles, as a judge at the Frankfurt am Main Administrative Court, head of department in the Federal Chancellery, and as State Secretary in two federal ministries. On July 24, 2024, she was called out of retirement by then-Health Minister Karl Lauterbach (SPD) and appointed as a special investigator to investigate the procurement activities of Spahn's Ministry of Health in 2020. The reason for this was two rulings by the Cologne Higher Regional Court in June and July 2024, in which suppliers successfully sued the Ministry of Health. These judges criticized the "fixed-term contract clauses," which render the entire contract void in the event of delayed delivery.

This clause was declared void by the court, and the federal government was ordered to pay €85.6 million to the mask supplier ILTS. In total, 733 contracts worth €6.4 billion were awarded in this so-called open-house procedure by the Federal Ministry of Health under Spahn. To date, there are around 100 similar lawsuits with a total value in dispute of approximately €2.3 billion.

Sudhof began her work, securing and reviewing files, speaking with officials, and delivering her final report to the Ministry of Health as early as April 2025. However, on May 6, Nina Warken (CDU) became the new Minister of Health and refused to forward Sudhof's report to Parliament. On June 24, she presented only a redacted report to the Budget Committee. Passages critical of Spahn's procurement practices were massively deleted. Spahn himself appeared before the committee on June 25 and defended his work as minister. The problem seemed to be resolved—the party colleague apparently covered for Spahn.

But on July 4, the unredacted Sudhof report was published by the Süddeutsche Zeitung, NDR, WDR, and "Frag den Staat." New details about Spahn's mismanagement and active favoritism of CDU-affiliated business partners emerged, and the Budget Committee met again this Tuesday in a closed session and questioned Sudhof about her report and the redactions—only she was not allowed to answer. Once again, CDU Health Minister Warken intervened on Spahn's behalf and denied the special investigator "unrestricted permission to testify."

Criticism comes from the Left Party. Ines Schwerdtner – herself a full member of the Budget Committee – explains: "If the federal government wants to regain lost trust, it must ensure full transparency. First, a redacted report is presented, then the committee meets in secret with Margaretha Sudhof. And to make matters worse, the special investigator is forbidden from speaking openly."

It became clear that Ms. Sudhof was indeed willing to provide information, but this was blocked by the Federal Ministry of Health's approval. Schwerdtner continued: "This restriction, imposed by Minister Nina Warken, creates the impression that information is being deliberately obstructed."

This secrecy is damaging trust in public institutions. Schwerdtner further calls on the SPD to vote for the establishment of a committee of inquiry. The Left Party and the Greens are pushing for a committee of inquiry into Spahn's mask scandal. So far, the Social Democrats have rejected this. Whether the SPD will continue to prioritize its truce with the CDU over the investigation into the Spahn mask scandal—which they themselves initiated last legislative term—remains open.