The Complicity of the Military and Police in Hitler’s Criminal Wars: Robert Jackson’s Closing Argument Part Two

Friends of Padre Steve’s World,

Tonight I am continuing on with my series on Supreme Court Justice Robert Jackson’s closing arguments while serving as the Chief American Prosecutor at the Major War Crimes Trials at Nuremberg. These crimes are not without relevance today, thus it is important for us to revisit them, for as I noted yesterday, quoting Yehuda Bauer, the Holocaust did not deviate from human norms.

For me it is a difficult subject, for I served in and supported a war that by any standard of legal and moral judgement would have met the criteria that we prosecuted the Nazis for in 1945. I should have known better because I had studied the Nazi crimes and had been the student of a professor who served as an interrogator and interpreter during the Nuremberg War Crimes Trials. But in the moment of hysteria after the attacks of September 11th 2001 and my belief in the integrity of Secretary of State Colin Powell, I allowed my good sense to be persuaded that an act of aggressive war that resulted in war crimes, and might even include crimes against humanity was perfectly legal.

I went to Iraq in 2007 and 2008. I worked with advisors to Iraqi Army, Border Troops, Police, Port of Entry, and Provincial Reconstruction Teams In Al Anbar Province. I came back from Iraq a very different man. I saw the lies. I came to love and appreciate the Iraqis and what they had suffered under both Saddam Hussein and our invasion and occupation. I can still see the maimed bodies, the destroyed cities and hamlets, the crippled children, as well as the wounded Marines in my mind. I pray and hope that the Iraqis that I served alongside did not become victims of ISIS after I left the country.

I am haunted by it to this day, and I no longer trust the supposedly good intentions of the American government, and in the age of Donald Trump fear for our nation and the world. A year ago the American Border Patrol fired CS gas, a riot control agent that is banned for use in combat across the international border into Mexico at unarmed Central American refugees, many of whom were women and children. The reason was that they “felt endangered” because some in the sea of refugees threw rocks across the border at the border control officers, who were dressed in body armor and Kevlar helmets with face masks. Rocks were going to do nothing to them.

While this was not war, there is a principle and law of war that American law enforcement officers frequently violate, the principle of proportionality. I’m sorry, but firing CA gas at unarmed refugees on the opposite side of the border for throwing rocks is not proportional. They had not breached the border and were also facing Mexican Federal Police. I have to wonder what is next. After that President Trump says that he has authorized U. S. Military personnel to use deadly force against rock throwers, and his former Chief of Staff, retired Marine Corps General John Kelly issued a “cabinet order” something never heard of before, allowing U. S. Military personnel to engage refugees believed to be endangering Border Control agents, in what appears to be a direct violation of Posse Comitatus. Add to those issues the use of drone strikes, by the Bush, Obama, and Trump Administrations, both DOD and CIA, against often insignificant targets that that more often than not have many women and children in them, and finally the pardoning of convicted war criminals by President Trump, and firing the only administration who stood in his way, Secretary of the Navy Richard Spencer. Since I first wrote this post the actions of President Trump against American citizens, refugees, allies, and his dereliction of duty in the Coronavirus 19 Pandemic which has cost close to 275,000 American lives to date, condemn Trump as a mass murderer and being guilty of Crimes Against Humanity. Had former Secretary of Defense Mark Esper and Chairman of the Joint Chiefs of Staff, General Mark Miley not stood against him he would have invoked the Insurrection Act of 1807 in order to crush his opponents using military force.

But I digress. When I read these accounts my mind is taken back to the subject of war crimes, and based on my expertise and study of the crimes of the Nazis, not to mention the Japanese in the Second World War, I automatically default to those settings.

So, I will stop with my words and go back to those of Robert Jackson at Nuremberg, because they are so pertinent today.

Until tomorrow,

Peace,

Padre Steve+

Robert Jackson’s Closing Argument Continued…

Immediately after the seizure of power the Nazis went to work to implement these aggressive intentions by preparing for war. They first enlisted German industrialists in a secret rearmament programme. Twenty days after the seizure of power Schacht was host to Hitler, Goering and some twenty leading industrialists. Among them were Krupp von Bohlen of the great Krupp armament works and representatives of I. G. Farben and other Ruhr heavy industries. Hitler and Goering explained their programme to the industrialists, who became so enthusiastic that they set about to raise three million Reichsmarks to strengthen and confirm the Nazi Party in power. Two months later Krupp was working to bring a reorganised association of German industry into agreement with the political aims of the Nazi Government. Krupp later boasted of the success in keeping the German war industries secretly alive and in readiness despite the disarmament clauses of the Versailles Treaty, and recalled the industrialists’ enthusiastic acceptance of “the great intentions of the Fuehrer in the rearmament period of 1933-1939”.

Some two months after Schacht had sponsored his first meeting to gain the support of the industrialists, the Nazis moved to harness industrial labour to their aggressive plans. In April, 1933, Hitler ordered Dr. Ley “to take over the trade unions”, numbering some 6 million members. By Party directive Ley seized the unions, their property and their funds. Union leaders, taken into “protective custody” by the SS and SA, were put into concentration camps. The free labour unions were then replaced by a Nazi organization known as the German Labour Front, with Dr. Ley at its head. It was expanded until it controlled over 23 million members. Collective bargaining was eliminated, the voice of labour could no longer be heard as to working conditions, and the labour contract was prescribed by “trustees of labour” appointed by Hitler. The war purpose of this labour programme was clearly acknowledged by Robert Ley five days after war broke out, when he declared in a speech that:

“We National Socialists have monopolised all resources and all our energies during the past seven years so as to be able to be equipped for the supreme effort of battle.”

The Nazis also proceeded at once to adapt the Government to the needs of war. In April, 1933, the Cabinet formed a Defence Council, the working committee of which met frequently thereafter. In the meeting of 22nd May, 1933, at which defendant Keitel presided, the members were instructed that:

“No document must be lost since otherwise the enemy propaganda would make use of it. Matters communicated orally cannot be proven; they can be denied by us in Geneva.”

In February, 1934 -and, your Honours, dates in this connection are important -with defendant Jodl present, the Council planned a mobilization calendar and mobilization order for some 240,000 industrial plants. Again it was agreed that nothing should be in writing so that “the military purpose may not be traceable”.

On 21st May, 1935, the top secret Reich Defence Law was enacted. Defendant Schacht was appointed Plenipotentiary General for War Economy with the task of secretly preparing all economic forces for war and, in the event of mobilization, of financing the war.

Schacht’s secret efforts were supplemented

in October, 1936, by the appointment of defendant Goering as Commissioner of the Four-Year Plan, with the duty of putting the entire economy in a state of readiness for war within four years.

A secret programme for the accumulation of the raw materials and foreign credits necessary for extensive rearmament was also set on foot immediately upon seizure of power. In September of 1934, the Minister of Economics was already complaining that:

“The task of stock-piling is being hampered by the lack of foreign currency; the need for secrecy and camouflage also is a retarding influence.”

Foreign currency controls were at once established. Financing was delegated to the wizard Schacht, who conjured up the MEFO bill to serve the dual objectives of tapping the short-term money market for rearmament purposes while concealing the amount of these expenditures.

The spirit of the whole Nazi administration was summed up by Goering at a meeting of the Council of Ministers, which included Schacht, on 27th May, 1936, when he said: “All measures are to be considered from the standpoint of an assured waging of war.” The General Staff, of course, also had to be enlisted in the war plan. Most of the generals, attracted by the prospect of rebuilding their armies, became willing accomplices. The Minister of War von Blomberg and the Chief of Staff General von Fritsch, however, were not cordial to the increasingly belligerent policy of the Hitler regime, and by vicious and obscene plotting they were discredited and removed in January, 1938. Thereupon, Hitler assumed for himself supreme command of the armed forces and the positions of von Blomberg and of von Fritsch were filled by others who became, as Blomberg said of Keitel, “a willing tool in Hitler’s hands for every one of his decisions”. The generals did not confine their participation to merely military matters. They participated in all major diplomatic and political manoeuvres, such as the Obersalzberg meeting where Hitler, flanked by Keitel and other top generals, issued his virtual ultimatum to Schuschnigg.

As early as 5th November, 1937, the plan to attack had begun to take definiteness as to time and victim. In a meeting which included the defendants Raeder, Goering and von Neurath, Hitler stated the cynical objective:

“The question for Germany is where the greatest possible conquest could be made at the lowest possible cost.”

He discussed various plans for the invasion of Austria and Czechoslovakia, indicating clearly that he was thinking of these territories not as ends in themselves, but as means for further conquest. He pointed out that considerable military and political assistance could be afforded by possession of these lands, and discussed the possibility of constituting from them new armies up to a strength of about 12 divisions. The aim he stated boldly and baldly as the acquisition of additional living-space in Europe, and recognized that “The German question can be solved only by way of force.” Six months later, emboldened by the bloodless Austrian conquest, Hitler, in a secret directive to Keitel, stated his “unalterable decision to smash Czechoslovakia by military action in the near future”.

On the same day, Jodl noted in his diary that the Fuehrer had stated his final decision to destroy Czechoslovakia soon and had initiated military preparations all along the line. By April the plan had been perfected to attack Czechoslovakia “with lightning swift action as the result of an ‘incident’”.

All along the line preparations became more definite for a war of expansion, on the assumption that it would result in a world-wide conflict. In September, 1938, Admiral Carls officially commented on a “Draft Study of Naval Warfare against England”:

“There is full agreement with the main theme of the study.

1. If, according to the Fuehrer’s decision, Germany is to acquire a position as a world power, she needs not only sufficient colonial possessions but also secure naval communications and secure access to the ocean.

2. Both requirements can only be fulfilled in opposition to Anglo-French interests and will limit their positions as world powers. It is unlikely that they can be achieved by peaceful means. The decision to make Germany a world power therefore forces upon us the necessity of making the corresponding preparations for war.

3. War against England means at the same time war against the Empire, against France, probably against Russia as well, and a large number of countries overseas; in fact, against one-third to one-half of the whole world.

It can only be justified and have a chance of success if it is prepared economically as well as politically and militarily and waged with the aim of conquering for Germany an outlet to the ocean.”

This Tribunal knows what categorical assurances were given to an alarmed world after the Anschluss, after Munich, after the occupation of Bohemia and Moravia, that German ambitions were realised and that Hitler had “no further territorial demands to make in Europe.” The record of this trial shows that those promises were calculated deceptions and that those high in the bloody brotherhood of Nazidom knew it.

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As early as 15th April, 1938, Goering pointed out to Mussolini and Ciano that the possession of those territories would make possible an attack on Poland. Ribbentrop’s Ministry wrote on 26th August, 1938:

“After the liquidation of the Czechoslovakian question, it will be generally assumed that Poland will be next in turn.”

Hitler, after the Polish invasion, boasted that it was the Austrian and Czechoslovakian triumphs by which “the basis for the action against Poland was laid”. Goering suited the act to the purpose and gave immediate instructions to exploit, for the further strengthening of the German war potential, first the Sudetenland, and then the whole Protectorate.

By May of 1939 the Nazi preparations had ripened to the point that Hitler confided to the defendants Goering, Raeder, Keitel, and others, his readiness “to attack Poland at the first suitable opportunity”, even though he recognized that “further successes cannot be attained without the shedding of blood”. The larcenous motives behind this decision he made plain in words that echoed the covetous theme of Mein Kampf:

“Circumstances must be adapted to aims. This is impossible without invasion of foreign States or attacks upon foreign property. Living-space in proportion to the magnitude of the State is the basis of all power -further successes cannot be attained without expanding our living-space in the East ….”

While a credulous world slumbered, snugly blanketed with perfidious assurances of peaceful intentions, the Nazis prepared not as before for a war but now for the war. The defendants Goering, Keitel, Raeder, Frick and Funk, with others, met as the Reich Defence Council in June of 1939. The minutes, authenticated by Goering, are revealing evidence of the way in which each step of Nazi planning dovetailed with every other. These five key defendants, three months before the first panzer unit had knifed into Poland, were laying plans for “employment of the population in wartime”, and had gone so far as to classify industry for priority in labour supply after “five million servicemen had been called up”. They decided upon measures to avoid “confusion when mobilization takes place”, and declared a purpose “to gain and maintain the lead in the decisive initial weeks of war”. They then planned to use in production prisoners of war, criminal prisoners, and concentration camp inmates. They then decided on “compulsory work for women in war time”. They had already passed on applications from 1,172,000 specialist workmen for classification as indispensable, and had approved 727,000 of them. They boasted that orders to workers to report for duty “are ready and tied up in bundles at the labour offices”. And they resolved to increase the industrial manpower supply by bringing into Germany “hundreds of thousands of workers” from the Protectorate to be “housed together in hutments”.

It is the minutes of this significant conclave of many key defendants which disclose how the plan to start the war was coupled with the plan to wage the war through the use of illegal sources of labour to maintain production. Hitler, in announcing his plan to attack Poland, had already foreshadowed the slave labour programme as one of its corollaries when he cryptically pointed out to the defendants Goering, Raeder, Keitel, and others that the Polish population “will be available as a source of labour”. This was part of the plan made good by Frank, who as Governor-General notified Goering, that he would supply “at least one million male and female agricultural and industrial workers to the Reich”, and by Sauckel, whose impressments throughout occupied territory aggregated numbers equal to the total population of some of the smaller nations of Europe.


Here also comes to the surface the link between war labour and concentration camps, a manpower source that was increasingly used and with increasing cruelty. An agreement between Himmler and the Minister of Justice, Thierack, in 1942 provided for “the delivery of anti-social elements from the execution of their sentence to the Reichsfuehrer SS to be worked to death”. An SS directive provided that bedridden prisoners be drafted for work to be performed in bed. The Gestapo ordered 46,000 Jews arrested to increase the “recruitment of manpower into the concentration camps”. One hundred thousand Jews were brought from Hungary to augment the camps’ manpower. On the initiative of the defendant Donitz concentration camp labour was used in the construction of submarines. Concentration camps were thus geared into war production on the one hand, and into the administration of justice and the political aims of the Nazis on the other. The use of prisoner-of-war labour, as then planned in that meeting, also grew with German needs. At a time when every German soldier was needed at the front and forces were not available at home, Russian prisoners of war were forced to man anti-aircraft guns against Allied planes. Field-Marshal Milch reflected the Nazi merriment at this flagrant violation of International Law, saying: “… This is an amusing thing, that the Russians must work the guns.”

The orders for the treatment of Soviet prisoners of war were so ruthless that Admiral Canaris, pointing out that they would “result in arbitrary mistreatments and killing”, protested to the OKW against them as breaches of International Law. The reply of Keitel was unambiguous. He said:

“The objections arise from the military conception of chivalrous warfare! This is the destruction of an ideology! Therefore I approve and back the measures”.

The Geneva Convention would have been thrown overboard openly, except that Jodl objected because he wanted the benefits of Allied observance of it while it was not being allowed to hamper the Germans in any way.

Field Marshal Wilhelm Keitel

Other crimes in the conduct of warfare were planned with equal thoroughness as a means of ensuring victory of German arms: In October, 1938, almost a year before the start of the war, the large-scale violation of the established rules of warfare was contemplated as a policy, and the Supreme Command circulated a most secret list of devious explanations to be given by the Propaganda Minister in such cases. Even before this time commanders of the armed forces were instructed to employ any methods of warfare so long as they facilitated victory. During the progress of the war the orders increased in savagery. A typical Keitel order, demanding the use of the “most brutal means”, provided that .

“… It is the duty of the troops to use all means without restriction, even against women and children, so long as they ensure success.”

Hitler with Grand Admiral Erich Raeder 1939


The German naval forces were no more immune from the infection than the land forces. Raeder ordered violations of the accepted rules of warfare wherever necessary to gain strategic successes. Donitz urged his submarine crews not to rescue survivors of torpedoed enemy ships, in order to cripple merchant shipping of the Allied Nations by decimating their crews.

Thus, the WAR CRIMES against Allied forces and the CRIMES AGAINST HUMANITY committed in occupied territories are incontestably part of the programme for making the war because, in the German calculations, they were indispensable to its hope of success.

Similarly, the whole group of pre-war crimes, including the persecutions within Germany, fall into place around the plan for aggressive war like stones in a finely wrought mosaic. Nowhere is the whole catalogue of crimes of Nazi oppression and terrorism within Germany so well integrated with the crime of war as in that strange mixture of wind and wisdom which makes up the testimony of Hermann Goering. In describing the aims of the Nazi programme before the seizure of power, Goering stated that the first question was to achieve and establish a different political structure for Germany, which would enable Germany to object against the Dictate (of Versailles), and to make not only a protest, but an objection of such a nature that it would actually be considered.

Hermann Goering

With these purposes, Goering, admitted that the plan was made to overthrow the Weimar Republic, to seize power, and to carry out the Nazi programme by whatever means were necessary, whether legal or illegal.

From Goering’s cross-examination we learn how necessarily the whole programme of crime followed. Because they considered a strong State necessary to get rid of the Versailles Treaty, they adopted the Fuehrerprinzip. Having seized power, the Nazis thought it necessary to protect it by abolishing parliamentary government, and suppressing all organized opposition from political parties. This was reflected in the philosophy of Goering that the opera was more important than the Reichstag. Even the “opposition of each individual was not tolerated unless it was a matter of unimportance”. To insure the suppression of opposition a secret police force was necessary. In order to eliminate incorrigible opponents, it was necessary to establish concentration camps and to resort to the device of protective custody. Protective custody, Goering, testified, meant that:

“People were arrested arid taken into protective custody who had not yet committed any crime but who could be expected to do so if they remained free.”

The same war purpose was dominant in the persecution of the Jews. In the beginning, fanaticism and political opportunism played a principal part, for anti-Semitism and its allied scapegoat, mythology, were the vehicle on which the Nazis rode to power. It was for this reason that the filthy Streicher and the blasphemous Rosenberg were welcomed at Party rallies and made leaders and officials of the State or Party. But the Nazis soon regarded the Jews as foremost amongst the opposition to the police State with which they schemed to put forward their plans of military aggression. Fear of their pacifism and their opposition to strident nationalism was given as the reason that the Jews had to be driven from the political and economic life of Germany. Accordingly, they were transported like cattle to the concentration camps, where they were utilised as a source of forced labour for war purposes.

At a meeting held on 12th November, 1938, two days after the violent anti-Jewish pogroms instigated by Goebbels and carried out by the Party Leadership Corps and the SA, the programme for the elimination of Jews from the German economy was mapped out by Goering, Funk, Heydrich, Goebbels, and the other top Nazis. The measures adopted included confinement of the Jews in ghettoes, cutting off their food supply, “aryanizing” their shops, and restricting their freedom of movement. Here another purpose behind the Jewish persecutions crept in, for it was the wholesale confiscation of their property which helped to finance German rearmament. Although Schacht’s plan to use foreign money to ransom the entire race within Germany was not adopted, the Jews were stripped to the point where Goering was able to advise the Reich Defence Council that the critical situation of the Reich exchequer, due to rearmament, had been relieved “through the billion Reichsmark fine imposed on Jewry, and through profits accrued to the Reich in the aryanization of Jewish enterprises”.

A glance over the dock will show that, despite quarrels among themselves, each defendant played a part which fitted in with every other, and that all advanced the Common Plan. It contradicts experience that men of such diverse backgrounds and talents should so forward each other’s aims by coincidence. The large and varied role of Goering was half militarist and half gangster. He stuck his pudgy finger in every pie. He used his SA bullies to help bring the gang into power. In order to entrench that power he contrived to have the Reichstag burned, established the Gestapo, and created the concentration camps. He was equally adept at massacring opponents and at framing scandals to get rid of stubborn generals. He built up the Luftwaffe and hurled it at his defenceless neighbours. He was among the foremost in harrying Jews out of the land. By mobilising the total economic resources of Germany he made possible the waging of the war which he had taken a large part in planning. He was, next to Hitler, the man who tied the activities of all the defendants together in a common effort.

Einsatzgruppen Trial, SS General Otto Oldendorf 


The parts played by the other, defendants, although less comprehensive and less spectacular than that of the Reichsmarschall, were nevertheless integral and necessary contributions to the joint undertaking, without any one of which the success of the common enterprise would have been in jeopardy. There are many specific deeds of which these men have been proven guilty. No purpose would be served -nor indeed is time available -to review all the crimes which the evidence has charged against their names. Nevertheless, in viewing the conspiracy as a whole and as an operating mechanism, it may be well to recall briefly the outstanding services which each of the men in the dock rendered to the common cause.

To be continued…

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Will Last Century’s Crimes Against Humanity Be This Century’s Too? Robert Jackson’s Closing Arguments at Nuremberg

Friends of Padre Steve’s World,

I spent much of the past week, until I had my emotional and physical meltdown discussing the importance of the Nuremberg Trials to today’s world. To do so I went through the five parts of Supreme Court Justice and Chief American Prosecutor, Robert Jackson’s opening address to the Tribunal. Tonight I will begin to work through his closing arguments, which like his opening are considered to be among the most powerful and definitive legal addresses in history.

We cannot forget or we will be doomed to repeat them, for the Holocaust was not an anomaly, it is the ever present part of the dark part of humanity.

Historian Gerhard Weinberg wrote:

“It’s very, very important for people to get a sense of what the potentialities of people really are, what the dangers of ignorance can be. It is in this context, that a supposedly advanced society risks descending into the sewer, that the Holocaust is a warning to people who think of themselves as an advanced, modern society….”

Historian Timothy Snyder was even more forthcoming:

“The European history of the twentieth century shows us that societies can break, democracies can fall, ethics can collapse, and ordinary men can find themselves standing over death pits with guns in their hands. It would serve us well today to understand why.”

After four decades of the hate preached by White Supremacists, their willing conservative radio, television, and internet enablers, some who still raking in the cash for spreading race hatred, not to forget the titanic role played by President Trump in encouraging race hatred and violence, even state sanctioned violence against American citizens has placed us again at a place where an American genocide could take place, or more likely, nations under authoritarian rule inspired by Trump could and do commit atrocities and even Genocide knowing that under Trump the word and leadership of the United States.

It will take years to rebuild so long as Trump remains his alive and his political enablers and personality is cult do what they can to destroy and undermine the United States.

Immediately after leaving office if not before, Trump and his cult will go to war with Biden and the part of the country that didn’t support him. Let me spell out my predictions of what he and they will do.

1. On the day of President Biden’s inauguration or shortly after Trump will announce his candidacy for the 2024 election. His current political allies will vow their obedience to his will.

2. Trump will write a book similar to Mein Kampf. It will be full of conspiracy theories how he was cheated out of the election, it will make brazen and false allegations against his opponents, it will have profound racist and xenophobic messages, and it will describe his plan for when he gains absolute power. Like Mein Kampf it will be nearly unreadable, but his followers will buy it and it will become required reading for them and members of churches pastored by his supporters.

3. He will continue his mass meetings and will forgo no chance to get television coverage, probably on Newsmax, or OAN which he will either purchase or begin his own network where he can be on every day for maximum exposure.

4. His lawyers will do all they can to prevent him from being tried in state or Federal Court. His followers will be subjected to constant harassment to give to pay his legal bills and maybe even his massive financial debts when they come do, since Fox News, with the exception of a few hosts is dead to them now. 

5. His loyal members of the House and Senate and their state counterparts will do all they can to oppose any legislation he proposes, even if it benefits their constituents. They will be like the Nazi members of the Reichstag who abandon their oath to the Constitution of the United States and swear a personal oath of loyalty to Trump. 

6. Many of the judges he appointed will seek to undermine, weaken, or overturn any executive orders based on spurious lawsuits filed by Trump supporters. Sadly, Christians and Christian Churches will be at the center of these efforts. Their actions will ensure that the Coronavirus Pandemic continues to escalate so they can blame Biden, regardless of how many American die. The are truly sociopaths an capable of any evil imaginable. One cannot forget that the most horrible genocide of the last 30 years was committed by Rwandan Christians against other Christians Just after Easter. American Christians have shown themselves to have little regard for the life and liberty of others under Trump, they just haven’t had the opportunity commit genocide, though with the Coronavirus 19 Pandemic they have made a pretty good start with over 270,000 deaths to date. Not bad when you don’t even have to shoot or gas them.

7. Trump will form a private army under his command, bound by an oath of loyalty to him from the bands of lawless, heavily armed, violent, White Racist, and conspiracy theorists similar to Hitler’s SA Stürmabteilung to intimidate people, and to commit murders and political assassinations. These groups will include The Oathkeepers, The III % Militia, and any number of the White Nationalist, Neo-Nazi, Ku Klux Klan, and other racist terrorist groups and self-appointed militias.

8. Some Trump supporting Sheriffs who believe that they are the ultimate law in their counties will bind their deputies with personal loyalty oaths to Trump will be part of this. Additionally, there will be some police who turn their heads in order to allow these people to operate safely.Likewise, some in the military, especially in the National Guard and Reserves of heavily Trump states will supply them with weapons, ammunition, and training, with or without the approval of their local superiors. There has already been evidence of this in the recently o covered plan to kidnap, try, and execute Michigan’s government. we have evidence of such behavior by police and military, or former military personnel in our country, especially in the Reconstruction and Jim Crow South, and Northern cities where local law enforcement worked in cahoots with Organized Crime, as well as how local, and state police violently attacked and even Civil Rights workers and protestors.

9. As Trump moves forward his supporters will conduct political assassinations and acts of terror. They will blame them on Antifa without proof and accuse the Biden Administration of being weak in crime.

10. He will work with members of Eric Prince’s and other paramilitary contractors for hire will to work with hostile foreign powers and terrorist groups in order to draw the United States into a disastrous war. 

Tell me in six months to a year if I am wrong, and I really hopefully, truthfully, pray that I am wrong, but I don’t tend be be that wrong about him. All you have to do is look up the articles that I first posted from 2105-2018 and then reposted in their entirety over the past couple of months to see that. I profile authoritarians based on history, psychology, sociology, and even religion. 

Hopefully  Trump and his henchmen will be indicted and imprisoned Before they can do worse. Hopefully, the spell between Trump and many of his Congressional enablers will be broken and they might return to placing the country, our people, and Constitution above their loyalty to Trump. The same might be true of Trump’s judges, but I cannot preclude the fact that many will place their loyalty to Trump for their appointment, their ideology and especially their religion and ideology override their loyalty to the Constitution, the same can be said for the Sheriff’s, other law enforcement officials and military personnel. Trump is playing Hitler in order to overthrow the his version of the Weimar Republic, which according to their conspiracy theories repeated by White Nationalists, Neo-Nazis, and QANON true believers, is controlled by Jews, Communists, and other racial inferiors. 

But enough of that, that future is not yet written, but when it comes to Trump I have a pretty good track record. Check back around July to see if I am right. Trump and his followers are lawless and bent on destroying the country in order that they might establish a dictatorship. It might take them a while, and they certainly won’t succeed in overthrowing Biden in the first year or two, but do not

But back to the Nuremberg Trials, which if there is any justice Trump and his henchmen will end up in the dock of justice charged with Crimes Against Humanity and countless violations of U.S. Law. It would take at least an hour to name all of them, without the multiple specifications Of each charge. Sadly, I don’t have a staff of hundreds of lawyers and legal staff to do what Jackson did in prosecuting the Nazis. 

Jackson’s closing occurred 178 days after his opening address, after nearly nine months of testimony and evidence was presented by the prosecutors and the defense. It was The Nazis own records provided massive amounts of damning evidence which the prosecution presented in such a manner that it couldn’t be denied by defendants or history.

Jackson was masterful as he made his synopsis of the evidence and testimony presented over those nine months. To do so he had to come back after a poor performance against the former Nazi Reichs Marshal Hermann Goering. It was a day that shook his confidence, but after Jackson’s performance, British prosecutor Maxwell Fyfe destroyed Goering on cross. Many in the media believed that Jackson could not come back, in fact he wanted to resign as Chief Prosecutor. But he remained and delivered his second masterpiece of the trial.

His words should give us all pause when we think that we view the events of the past in a patronizing manner, thinking that we are too advanced to be capable of such such behaviors. We trust in technological advances and affluence but human nature remains unchanged and the crimes of the Twentieth Century which Jackson detailed in his summation could be eclipsed by worse today. There are plenty of monsters in the United States and the world all too willing to reprise the crimes of the Nazis. Let the reader understand.

So we begin where Jackson began on the morning of Friday, July 27th 1946.

Mr. President and members of the Tribunal:

An advocate can be confronted with few more formidable tasks than to select his closing arguments where there is great disparity between his appropriate time and his available material. In eight months -a short time as State trials go -we have introduced evidence which embraces as vast and varied a panorama of events as has ever been compressed within the framework of a litigation. It is impossible in summation to do more than outline with bold strokes the vitals of this trial’s sad and melancholy record, which will live as the historical text of the twentieth century’s shame and depravity.

It is common to think of our own time as standing at the apex of civilisation, from which the deficiencies of preceding ages may patronisingly be viewed in the light of what is assumed to be “progress”. The reality is that in the long perspective of history the present century will not hold an admirable position, unless its second half is to redeem its first. These two-score years in this twentieth century will be recorded in the book of years as some of the most bloody in all annals. Two world wars have left a legacy of dead which number more than all the armies engaged in any war that made ancient or medieval history. No half-century ever witnessed slaughter on such a scale, such cruelties and inhumanities, such wholesale deportations of peoples into slavery, such annihilations of minorities. The terror of Torquemada pales before the Nazi Inquisition. These deeds are the overshadowing historical facts by which generations to come will remember this decade. If we cannot eliminate the causes and prevent the repetition of these barbaric events, it is not an irresponsible prophecy to say that this twentieth century may yet succeed in bringing the doom of civilisation.

Goaded by these facts, we were moved to redress the blight on the record of our era. The defendants complain that our pace is too fast. In drawing the Charter of this Tribunal, we thought we were recording an accomplished advance in International Law. But they say that we have outrun our times, that we have anticipated an advance that should be, but has not yet been made. The Agreement of London, whether it originates or merely records, at all events marks a transition in International Law which roughly corresponds to that in the evolution of local law when men ceased to punish crime by “hue and cry” and began to let reason and inquiry govern punishment. The society of nations has emerged from the primitive “hue and cry”, the law of “catch and kill”. It seeks to apply sanctions to enforce International Law, but to guide their application by evidence, law, and reason instead of outcry. The defendants denounce the law under which their accounting is asked. Their dislike for the law which condemns them is not original. It has been remarked before that:

“No thief e’er felt the halter draw with good opinion of the law.”

I shall not labour the law of this case. The position of the United States was explained in my opening statement. My distinguished colleague, the Attorney-General of Great Britain, will reply on behalf of all the Chief Prosecutors to the defendants’ legal attack. At this stage of the proceedings, I shall rest upon the law of these crimes as laid down in the Charter. The defendants, who except for the Charter would have no right to be heard at all, now ask that the legal basis of this trial be nullified. This Tribunal, of course, is given no power to set aside or modify the Agreement between the Four Powers, to which eighteen other nations have adhered. The terms of the Charter are conclusive upon every party to these proceedings.

In interpreting the Charter, however, we should not overlook the unique and emergent character of this body as an International Military Tribunal. It is no part of the constitutional mechanism of internal justice of any of the signatory nations. Germany has unconditionally surrendered, but no peace treaty has been signed or agreed upon. The Allies are still technically in a state of war with Germany, although the enemy’s political and military institutions have collapsed. As a Military Tribunal, this Tribunal is a continuation of the war effort of the Allied nations. As an International Tribunal, it is not bound by the procedural and substantive refinements of our respective judicial or constitutional systems, nor will its rulings introduce precedents into any country’s internal system of civil justice. As an International Military Tribunal, it rises above the provincial and transient, and seeks guidance not only from International Law but also from the basic principles of jurisprudence, which are assumptions of civilisation and which long have found embodiment in the codes of all nations.

Of one thing we may be sure. The future will never have to ask, with misgiving, what could the Nazis have said in their favour. History will know that whatever could be said, they were allowed to say. They have been given the kind of a trial which they, in the days of their pomp and power, never gave to any man.

But fairness is not weakness. The extraordinary fairness of these hearings is an attribute of our strength. The prosecution’s case, at its close, seemed inherently unassailable because it rested so heavily on German documents of unquestioned authenticity. But it was the weeks upon weeks of pecking at this case, by one after another of the defendants, that has demonstrated its true strength. The fact is that the testimony of the defendants has removed any doubt of guilt which, because of the extraordinary nature and magnitude of these crimes, may have existed before they spoke. They have helped to write their own judgement of condemnation.

But justice in this case has nothing to do with some of the arguments put forth by the defendants or their counsel. We have not previously and we need not now discuss the merits of all their obscure and tortuous philosophy. We are not trying them for the possession of obnoxious ideas. It is their right, if they choose, to renounce the Hebraic heritage in the civilisation of which Germany was once a part. Nor is it our affair that they repudiated the Hellenic influence as well. The intellectual bankruptcy and moral perversion of the Nazi regime might have been no concern of International Law had it not been utilised to goose-step the Herrenvolk across international frontiers. It is not their thoughts, it is their overt acts which we charge to be crimes. Their creed and teachings are important only as evidence of motive, purpose, knowledge and intent.

We charge unlawful aggression but we are not trying the motives, hopes, or frustrations which may have led Germany to resort to aggressive war as an instrument of policy. The law, unlike politics, does not concern itself with the good or evil in the status quo, nor with the merits of the grievances against it. It merely requires that the status quo be not attacked by violent means and that policies be not advanced by war. We may admit that overlapping ethnological and cultural groups, economic barriers, and conflicting national ambitions created in the 1930′ s, as they will continue to create, grave problems for Germany as well as for the other peoples of Europe. We may admit too that the world had failed to provide political or legal remedies which would be honourable and acceptable alternatives to war. We do not underwrite either the ethics or the wisdom of any country, including my own, in the face of these problems. But we do say that it is now, as it was for some time prior to 1939, illegal and criminal for Germany or any other nation to redress grievances or seek expansion by resort to aggressive war.

Let me emphasize one cardinal point. The United States has no interest which would be advanced by the conviction of any defendant if we have not proved him guilty on at least one of the counts charged against him in the Indictment. Any result that the calm and critical judgement of posterity would pronounce unjust would not be a victory for any of the countries associated in this prosecution. But in summation we now have before us the tested evidences of criminality and have heard the flimsy excuses and paltry evasions, of the defendants. The suspended judgement with which we opened this case is no longer appropriate. The time has come for final judgement, and if the case I present seems hard and uncompromising, it is because the evidence makes it so.

I perhaps can do no better service than to try to lift this case out of the morass of detail with which the record is full, and put before you only the bold outlines of a case that is impressive in its simplicity. True, its thousands of documents and more thousands of pages of testimony deal with an epoch and cover a continent, and touch almost every branch of human endeavour.

They illuminate specialities, such as diplomacy, naval development and warfare, land warfare, the genesis of air warfare, the politics of the Nazi rise to power, the finance and economics of totalitarian war, sociology, penology, mass psychology, and mass pathology. I must leave it to experts to comb the evidence and write volumes on their specialities, while I picture in broad strokes the offences whose acceptance as lawful would threaten the continuity of civilisation. I must, as Kipling put it, “splash at a ten-league canvas with brushes of camel’s hair”

Until tomorrow,

Peace,

Padre Steve+

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“ I pray to you to help me, and every day I get worse. Are you deaf, too?“ Thoughts of a Washed up Priest and Chaplain at the End of a Military Career


Friends of Padre Steve’s World,

A few nights ago I watched the final episode of the television series M*A*S*H “Goodbye, Farewell and Amen.” As I mentioned in my last blog both the series and the film have been important and long lasting parts of my life. It is interesting because when I was first commissioned as an Army Second Lieutenant on 19 June 1983 in the Medical Service Corps, and September 1992 became a Chaplain in the Texas Army National Guard, subsequently serving in the Virginia Army National Guard and Army Reserve as a Chaplain. I also served as a Armor Officer in Texas during seminary. On 9 February 1999 I turned in my Gold Oak Leaf as a Major in the Army for the two Silver Bars of a Navy Chaplain Corps Lieutenant.

Now, 21 years after that move I am a washed up Chaplain and Navy Commander mostly abandoned by fellow Chaplains for openly and honesty dealing with the ravages of PTSD, abandonment which created moral injury that I have never recovered from, no matter how hard I prayed the Daily Office, or studied scripture and theology. Without going into such detail that it would harm me even more in much current fragile emotional state, I can only say that I was abandoned, ghosted, and off revamped by the senior Chaplains who sent me to war, of course I was a very willing volunteer, and then ensured that every subsequent assignment would be harmful to my career, while certain senior chaplains treated me in the most malicious and evil manner knowing I needed a continuity of psychiatric, psychological, and spiritual care, ripped me away from it sending me on a three year geographic bachelor tour, away from home and those supports.

I also continue to suffer physical and neurological disorders related to combat. One is a combination of serene Tinnitus, and abnormal degraded speech comprehension without corresponding hearing loss. The neurologist thought it was due damage to my auditory nerves and auditory processing center related to PTSD. My speech comprehension was rated in the third percentile, meaning that 97% of people process speech better than me. In order to understand speech in individual conversations or in large groups I have to be completely focused and not have any cross talk or background noise. This makes it difficult to function. Basically, I am functionally deaf unless I am completely focused on whoever is talking and they are speaking clearly enough for me to understand. Judy is really deaf, and she understands speech better than me much of the time.

During Goodbye, Farewell, and Amen the 4077th’s Chaplain, Father Francis Mulcahy is exposed to a mortar blast and suffers Tinnitus and hearing loss, which continue to get worse despite his prayers.

In one of his prayers to God, one which resonates much with me, he cries out:

“Dear Lord, I know there must be a reason for this, but what is it? I answered the call to do your work. I’ve devoted my life to it, and now, how am I supposed to do it? What good am I now? What good is a deaf priest? I pray to you to help me, and every day I get worse. Are you deaf, too?“ 

My situation doesn’t simply involve my inability to understand speech but the residual effects of PTSD: hyper vigilance, anxiety, severe depression, sleep disorders, nightmare and night terror disorders that have resulted in injuries including a broken nose when battling the phantom like images of assailants in my dreams.And most recently under the stress I feel, horrible angry outbursts that are so unlike me. They make me feel horrible, but a decade of death threats, internet stalking, being called an “enemy of America”, and for supporting the rights of Blacks a “nigger lover” and “wigger,” and condemnation by Christians for caring about the rights, safety, and decent treatment of LGBTQ as enabling sin against God, but I never saw Jesus turn anyone away. The greatest hurt I experience is when Christian friends attack, condemn, and abandon me, especially over the past five years as so many became members of the Trump Dictatorship Cult. It took a while but I don’t take it anymore and after slicing and dicing their arguments leave things in their hands as where to they want to go with our relationship. Some cut me off and others make sure I know how rotten I am before they cut things off. Back in the early days after returning from Iraq while melting down and being thrown out of my former Church I culled a lot of them preemptively from my social contacts. A few have since renewed and reconciled but not all.

No amount of praying ever changed anything. I still believe in God, but I struggle every day. Sometimes I don’t feel that I am of any use, but too many people tell me that I do. Even so the fourth verse of the M*A*S*H them song, Suicide is Painless rings true for me now. I don’t have the answers. That verse says: A brave man once requested me to answer questions questions that are key, “Is it to be or not to be” and I replied “oh, why ask me?” 

Something that Colonel Potter said to Father Mulcahy and Mulcahy’s reply seems a pretty good place to end this before I sign off from this post:

Col. Potter: Well, Francis, you’ve been a godsend.
Father Mulcahy: Look on the bright side: When they tell us to serve our time in Purgatory, we can say, “No thanks, I’ve done mine.”

So here I am, an old, broken, washed-up Chaplain and priest who is a better historian than many looking to the next phase of my life, with Judy and the puppies, but even so, without a Parish, without an institutional Chaplain position, or any formal place of ministry, I will still be a Priest, and serve whoever comes into my life, even when I struggle and doubt.

Since I am going to have to get a bit of work done  house and do my damnedest to finish the illustration section of my book so I can send it to my agent and publisher tomorrow, which means whenever I wake up, I wish you all peace and safety.

Blessings and Peace,

Padre Steve+

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An Emotional Roller Coaster: Medical Problems, IT Issues, Hating Religious Theocrats, and Remembering those I Have Lost Through the Lens of M*A*S*H

 

Me as a young Medical Service Officer Second Lieutenant, Neubrucke Germany, 1984

Friends of Padre Steve’s World,

I started this article Tuesday night but couldn’t yesterday I was on emotional roller coaster, dealing with continued medical issues due to my jaw infection that began a month ago when a lower rear molar, cracked, the nerve abscessed, died, and infected the and more. I tried to finish it Wednesday night but couldn’t. I finally finished it dark and early after midnight Friday. Well, I thought I had, but for whatever reason what I wrote didn’t save correctly. So I just add this to let you know that as I revise it and put in the tags and topics represented in it. “That is All.” 

I am finishing my last two weeks on active duty before taking 20 days of job hunting and house hunting leave. I honestly cannot believe the emotions that I am feeling.

The Original Opening to the Film M*A*S*H

Tuesday morning I went in to work still suffering some of the effects of my tooth extraction and jaw infection still persist. Migraine like headaches, swelling in the jaw, lymph nodes and Parotid gland still persisted. I went to the Endontist who extracted my tooth and prescribed more antibiotics after the tooth extraction and he recommended that I get an appointment with my primary care doctor. I was glad he dad that because he realized that he didn’t have an answer.

My regular primary care physician who I really like wasn’t available, and he is an outstanding physician who listens and cares. But the physician I was assigned in his place was incredible. Our initial appointment on Monday was over the telephone and after taking time to listen to all that happened to me she made sure I got an appointment to see her in person Tuesday.

Unlike so many physicians bound by the time limits of insurance, including the business model of Navy Medicine she and her nurse took the time to listen to me, to do a thorough examination, to explore the what antibiotics might treat all my different symptoms. The appointment took a long time but it was worth it. I received medicines to treat the lower jaw, upper jaw, sinus and ear infections caused by that damned tooth, as well as an order to get a CT scan to see what is actually going on.

That fact made a difference because even as that was going on I was experiencing problems with an Navy personnel site. That followed a NMCI Microsoft 10 update that will not allow me to access it in order to make sure that my DD-214 is correct. No matter what I do online and no matter how many times the Navy says my access is fixed I still cannot access the site, which mattes for all of my  my retirement and veterans benefits.

Because I had a low grade fever due to the infection and needed needed lab tests and another medical appointment today so I won’t be able to go in to fix ot until Monday.

Truthful I am mad as hell and I am not going to take it anymore. I am too old for this shit I am going to vent my spleen. Before the update I never had an issue getting into the website. I really get frustrated and angry with the contractors whose programs don’t interface with the multiplicity of other hardware and software so that when one makes a change there is a cascade effect that fucks everything else up, like the simple fact of trying to access a site to check the one document everything in my post military career depends on. That pisses me off and I hate the damned Navy and military System for allowing this to happen.

I am really a fine with some of contractors, as I have noted, not all of them, not all of them, because there are quite a few who provide outstanding products and support, and have the integrity to back up their work. My friend David owns one of the highest ranked IT hardware firms that deals with DOD and many other government agencies. I have also encountered some very fine contractors for some of these IT firms who take the time to walk with you through the problem and fix it. There are also others who hire good people to provide services that the Navy can no longer due because those functions were added following wars our uniformed and GS systems were not prepared to deal with because of a never ending war. I might end up working as an educator for one using my experience to help personnel and their family members get the help they need and prepare to leave the service.

However, I get the feeling that I could be dying and it wouldn’t matter the damned corporate war and defense profiteers who the Navy hired to replace sailors that used to do these jobs. The thing is that a lot of these corporations have the backing of some of the leading politicians of both parties and are marketed and lobbied for by former high ranking military and DOD civilian officials. They are doing it for corporate profit but selling their services saying they will reduce cost and make things more efficient. But that is most often a lie, because we end up paying more for less, and harm readiness in the process.

Between them, and the former corporate defense and business executives who run much of DOD, they cut the active duty force in the name of “efficiency” and deprive Sailors (Also Soldiers, Marines and Airmen) from other active duty or DOD civilians who can fix their problems. I hate them, these corporations, with a passion. I miss the days when Yeomen and Personelmen, working with civilian GS personnel specialists, who we called the Little old ladies in tennis shoes would look at you in the face and fix what was wrong or what needed attention. Now that isn’t the case. All is handed online and you get an email response saying your problem has been resolved even when you still can not access their damned website. I want to say Duckmäuser them to hell, and I honestly doubt that the majority of senior Navy and military  leadership cares.

The Navy decided long ago that regardless of its technical ineptness and reliance on for profit defense profiteers that sailors who have full time jobs have to also manage and perform tasks that used to be handed by people they knew who were trained to do them. I don’t want any part of such a bastardized impersonal “personnel” system that doesn’t value sailors  and their families as people but “Human Resources” who can be expended without consequences because they really don’t matter. The same applies to training as well. These things take up so much of sailors time that they scarcely have time to do their real jobs. No wonder readiness rates are crap, ships can’t deploy, and aircraft cannot fly.

I read an article this week that a Navy official downplayed those rates and suggested the metrics showing how unready our Navy is for a major war were wrong and needed to be changed. That’s like lowering academic requirements to make sure students pass so their failure doesn’t harm the overall rating of Schools, school, districts, or universities. The only problem in the military are that such actions lead to defeat in in battle, massive losses of American lives and the inevitable after effects of losing a major war against a peer competitor. We have really never experienced that, but many others have, and we should learn from them before it happens to us.

Our humiliation will be greater than that of Imperial Germany, Imperial Russian, France in 1870 and 1940, Nazi Germany, Napoleonic France, Rome, Byzantium, the Holy Roman Empire, the Austro Hungarian Empire in the First World War, and so many others. Military defeat combined with economic collapse, loss of territory, and great political and social calamities that In many cases are still being felt even centuries later. If we don’t take decisive actions to protect our democracy from all enemies, foreign and domestic, including the profiteers the coming collapse will make the division of the Trump years feel like the good old days. I personally wouldn’t doubt if Trump is actually hoping for that since he doesn’t give a damn about his oath, the people of the United States, including those who support him, or what happens to this country so long as he can line his pockets with unearned riches.

Marine Corps Major General and two time Medal of Honor recipient Smedley Butler realized that at the end of his illustrious career as a Marine when he wrote his classic anti-war book War is a Racket. If you haven’t read it you better well need to before you ever mindlessly thank a veteran for his or her service in wars that only weaken our defense and diminish our standing as a bastion of Liberty in the world. Most of the corporations Butler condemns in his book are still profiting from the business of war and “defense” today. Mind you I am an old anti-Soviet and Chinese Communist Cold Warrior. I fucking hate their systems, and while the Chicoms combine a nationalist bastardization of Capitalism with a desire for world domination at the expense of freedom at home and abroad; and while the former KGB Officer Vladimir Putin leads Russian which is nothing more than a rebranded Soviet Union, President Trump looked the other way and weakened us in more ways than anyone cannot imagine until the hell he created destroys our country long after he leaves office.

Iraq near the Syrian Border with Advisors and Bedouin Family, Christmas Eve 2007 

Don’t get me wrong. I am proud of my service in war and peace, but I cannot fathom treason or abandoning military personnel to IT systems run by for profit contractors that have so many problems that they cannot be successfully navigated even by experts much less than the people who have full time jobs who need that specialized support. And yes it is treason when one looks at the billions of dollars paid to big defense contractors for the chump change that it would cost to pay military personnel and civilians to do things the old fashioned way using pen and paper while looking people in the eye to make sure that it was done right. This is a scandal for the ages that harms veterans and their families, undercuts combat readiness, and enriches defenses profiteers.

 

A Montage of Characters from the Series with the Original Score

I hate to say this but those in various Presidential administrations, Senators and Representatives of both parties, and high ranking Military Officers and Senior Executive Leaders in the Defense Department are all guilty as charged when it comes to sacrificing the well being of the volunteers who serve this nation in uniform in unending wars to enrich war and defense profiteers are all traitors. If it was up to me I would have them tried and after a fair trial s tan ever them and have them hanged until dead.

If I have to take up the mantel of men like Smedley Butler, David Hackworth, and Hal Moore, and countless number of men and women who remain unknown because they were crushed by the system or died through its uncaring incompetence, especially in the area of mental and spiritual  health. In retirement I will be a prophetic voice. Since while I was on active duty I had  member of my  congregation try to have by tried by Court Martial for preaching prophetically fro the pulpit and was exonerated after an investigation, I no loner give a damn who I offend.

With my Beloved Second Platoon, 557th Medical Company Ambulance, in the Taunus Mountains, Hessen, West Germany, 1985

 

By the latter I do not mean the fake spirituality of memorizing Bible verses or reciting The unbiblical and unchristian mantras of modern American Christianity. I don’t promote feel good Christian jibber-jabber but walking with people though The Valley of the shadow of Death, without abandoning them, or condemning them when they show weakness. Personally, I would rather have a caring Atheist or Agnostic at my side than a supposed Christian shoving a bastardized version of the Christian faith down my throat in my time of crisis.

We don’t need that. We  authentic Christian ministers and Priests who admit that they don’t know the answers. We need  ministers and Priests who are Un afraid to admit that they struggle with faith and yet still believe. Men and women who are transparent servants of a God that they only known through the Crucified God, not the opaque, impenetrable and unbiblical theology of Christian nationalism and Dominionism. Those are not theologies of faith in the Crucified God, but arbitrary, authoritarian systems to reconcile Christian beliefs to ungodly, nationalist, often racist, and exploitive systems of government which destroy the liberties of all, but even worse make Christians isolators of anti-Christian leaders and systems. It started with Constantine and has never stopped.

George Truett, the great Southern Baptist Pastor who served as President of Southwestern Baptist Theological Seminary wrote in his book Baptists and Religious Liberty in 1920 about the decidedly negative effect of when the Church became the State religion:

“Constantine, the Emperor, saw something in the religion of Christ’s people which awakened his interest, and now we see him uniting religion to the state and marching up the marble steps of the Emperor’s palace, with the church robed in purple. Thus and there was begun the most baneful misalliance that ever fettered and cursed a suffering world…. When … Constantine crowned the union of church and state, the church was stamped with the spirit of the Caesars…. The long blighting record of the medieval ages is simply the working out of that idea.”

The late Senator Mark Hatfield a strongly committed Evangelical Christian before it became popular in Washington made this comment concerning those that are now driving this spurious debate:

“As a Christian, there is no other part of the New Right ideology that concerns me more than its self-serving misuse of religious faith. What is at stake here is the very integrity of biblical truth. The New Right, in many cases, is doing nothing less than placing a heretical claim on Christian faith that distorts, confuses, and destroys the opportunity for a biblical understanding of Jesus Christ and of his gospel for millions of people.”  quoted in the pamphlet “Christian Reconstruction: God’s Glorious Millennium?” by Paul Thibodeau

Barry Goldwater, the man who inspired Ronald Reagan to run for President and who was the conservative bulwark for many years in Washington DC warned what would happen when the Religious Right took over the Republican Party. Goldwater said of the types of people that currently dominate the conservative movement, if it can be still called that:

“Mark my word, if and when these preachers get control of the [Republican] party, and they’re sure trying to do so, it’s going to be a terrible damn problem. Frankly, these people frighten me. Politics and governing demand compromise. But these Christians believe they are acting in the name of God, so they can’t and won’t compromise. I know, I’ve tried to deal with them.” November, 1994, in John Dean, Conservatives Without Conscience.

Well those that Truett and Goldwater warmed us about got what they wanted. They got control of a political party by prostituting themselves to a man whose heart is evil, and could not care less about Christians so long as they vote for him and his amoral, unchristian, and anti-freedom ideas which rip up the ideals of the Declaration of Independence and shred the Sacred protections of our Constitution, the Bill of Rights, and the Amendments to the Constitution.

Contemporary Conservative Christian Teachings have become hollowed out, unbiblical, unchristian, and untenable politically driven apologetics of Unfreedom which spit on the face of God on the Cross, just as much as did his Roman executioners.

Anyway I couldn’t finish this Tuesday night because I was too busy crying my way the final episode of the television show M*A*S*H, “Goodbye, Farewell and Amen.” The sobbing, tears, and overwhelming emotions made me put down my  iPad. I was using it as the basis for my final message to my Shipyard friends, family, and coworkers who mean so much to me now. They helped me recover my sense of faith, belief, calling, and belief in good people. As I watched the show I remembered all the men and women I have served with over the years, those still alive and those who passed away to natural causes, were killed in combat, or died by their own hand after coming home from war. People who like me suffered from the terrible effects of war; wounds to body, mind and spirit, which were so bad for some that they killed themselves. Believe me there were so many times that I could have done the same. I actually planned out how I would do it in a number of different ways, but some were so violent that just the image of me doing it in a public setting among other military personnel would have traumatized them in ways I could not bear, and the many nights I thought about driving into a tree while serving at Camp LeJeune Naval Hospital from 2010 to 2013 I could not imagine what my dog Molly who was with me would think when daddy never came home.

I am doing better now, I want to live and bear witness for those who no longer can. I certainly don’t have the answers. I can only be there for others. The words of the theme song to M*A*S*H  are unknown to those who only watched the series and never saw the film. The song’s music was written by Johnny Mandel, the lyrics written by his teenage son. The song was performed by an uncredited group of musicians and simple called MASH. It was played on AM music stations after its release in 1970. It is haunting and I certainly do not agree with the message of the chorus “Suicide is painless, it brings on many changes, and I can take or leave it if I please…” I have found that life matters too much and I grieve for my friends and comrades who committed suicide, many far more brave, heroic, and selfless than me. Men and women who I wished I could have helped keep alive had I been there in their time of crisis.

But the lyrics of the verses all have an element of truth in them. The first said:

Through early morning fog I see, visions of the things to be, the pains that are withheld for me, I realize and I can see… (Chorus)

The game of life is hard to play, I’m going to lose it anyway, the losing card I’ll someday lay, so this is all I’ve got to say… (Chorus)

The sword of  time will pierce our skin, it doesn’t hurt when it begins, but as it works its way within, the pain grows stronger watch it grin… (Chorus)

A brave man once requested me, to answer questions that are key, “Is it to be or not to be?” And I replied “oh, way ask me?” (Chorus)

The faked suicide and salvation of Dr. Walt “the Painless Pole” Waldoski In the Film M*A*S*H

The song was sung in the film during a fake suicide and funeral for the 4077th’s Dentist Dr. “Painless Pole Waldoski” (John Schuck)  sung by Private Seidman (Ken Prymus) accompanied by Captain Bandini (Corey Fisher) on the guitar. Out of context the scene is one of the saddest in film history, with the doctors sitting at a table in a film rendition of Leonardo DaVinci’s The Last Supper as “Painless” takes what he thinks is a cyanide capsule and lays down in a coffin. He wanted help to die because he thought he was impotent. Hawkeye, Trapper, and even Father Mulcahy decided to play into his fantasy but save the life of Painless. So they recruited a nurse, Lieutenant Dish, played by the beautiful actress Jo Ann Pflug, who was to return to the States the next morning to make love to painless. The next morning Painless is alive, and Dish flies away. They lied to a suicidal man to stage a fake death in order to save his life. Yes, the ethics are completely convoluted, but in the end life was affirmed, and suicide ruled out. One interesting thing about the song is the faked suicide is a different verse which said “The only way to win is cheat, and lay it down before I’m beat, and to another give my seat, for that’s the only painless feat…”  (Chorus)

I thought I would finish this by midnight but so many things intruded. It is now officially Thanksgiving on the East Coast and I have much to be thankful for, even though we will celebrate the holiday in a very private and personal way, just us, our pups, and our friend Stephanie. We are making a fresh homemaker chicken pot pie with bone in chicken breast cooked for over 15 hours on low heat in our crock pot seasoned with fresh garlic, Black pepper corns, rubbed sage, bay leaves, poultry seasoning, garlic powder, and a dash of salt which will be baked minus the chicken bones with sliced carrots, sweet peas, whole kernel corn, and small broccoli florets and yellow onions. It will be the first time since Iraq that we have not had a large number of guests over for a traditional Thanksgiving dinner. That will be strange, but it is better to adjust and protect the lives of others than keep traditions that can be continued after the COVID-19 Pandemic has passed.

Suicide and willingly subjecting others to a deadly virus are little different. The first is the murder of yourself, which I like the German word better than our word suicide. The German word is Selbstmord, or the murder of yourself. However, ignoring all the science and clinical evidence that indoor social gatherings of people traveling across state lines is potentially deadly, is the participation in mass murder. The choice to do that is like playing Russian Roulette with more than one chamber loaded, and the virus being spread to many more people than it should be if we weren’t so damned selfish and narcissistic. By they way, most of the people I know to be doing this are Christians, but sorry, your Holy Spirit Lungs won’t protect you from COVID-19 anymore than they did the Great Influenza or the Plagues of the Middle Ages, Yellow or Dengue Fever, Ebola, AIDS, or any other infectious disease. If you think your spiritually will protect you and others, you are fools who are not to be pitied, though the people you infect should be.

I am tired of death. After being present at over 700 I stopped counting. Many of the faces, lives, and stories of those people are forever seared into my conscience.

So anyway, this post that began some 54 hours ago, or 76 hours if you count this update, is at an end. It has meandered from my medical problems, my frustration with the Navy’s fucked up computer systems, national security, religious liberty, and freedom from religious tyranny, the issue of suicide, veterans who commit suicide, and the film and television series M*A*S*H, including the behind the scenes lyrics to its theme song Suicide is Painless.

It is kind of ironic that I was commissioned as a Medical Service Corps Officer in the Army on 19 June 1983, and that when I graduated from the Medical Department Officer Basic Course the theme song of the Army Medical Department, minus the words was the Theme Song of M*A*S*H, “Suicide is Painless.” 

So I hope you had a happy and safe Thanksgiving. Please do not put others at risk, and by all means please do your best to remain alive and healthy so we can properly celebrate Thanksgiving in 2021. Maybe I will be in a more celebratory mood by then.

Pray for me a miserable and useless has been Chaplain and sinner.

Peace,

Padre Steve+

 

 

 

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Friends of Padre Steve’s World,

I return again to the Nuremberg Trials and the opening statement of the American Chief Prosecutor, Supreme Court Justice Robert Jackson. I first wrote this in the wake of Trump’s firing of Secretary of the Navy Richard Spencer for resisting Trump’s order to allow a convicted war criminal from retaining his SEAL Trident following ordering the Navy to restore his rank so he could retire. During the same period of time Trump pardoned other convicted American war criminals whose crimes were unspeakable. Of course over the past year Trump used every Federal law enforcement agency he could to conduct surveillance with military aircraft, and then unleash violently attack mostly peaceful protestors in the wake of the murder of George Floyd,  and arrest many without charges before releasing them.

I could go further and recount incident after incident to complete a profile of an authoritarian leader with no regard for American law, international law, the laws of war, and human rights. A man perfectly willing to allow more that a quarter of a million Americans die of a pandemic that he knew would be worse than anything imaginable. Likewise he had willing accomplices in Congress, and in nearly every Federal agency charged with the security, health, and safety of all Americans, who have been his willing helpers to bulldoze the Constitutional rights of all Americans, including trying to overthrow the results of a fully legal election that he lost by nearly Seven Million votes.

These are the kinds of incidents that led to Hitler succeeding in turning the Wehrmacht, the German Armed Forces into a compromised organ of state that for the most part did his bidding with few complaints as long as victory looked certain. With last year’s action against Secretary of the Navy Spencer, and his firing of Secretary of Defense Mark Esper shortly after the election, because Esper, who was mostly a yes man to Trump refused to send Army troops into action against demonstrators and opposed Trumps desire to invoke the Insurrection Act of 1807 in order to provide cover for it, Trump attempted to politicize the military against American citizens exercising their constitutional rights.

The nine volumes of the Major War Crime trial proceedings are something that anyone that studies the Nazi period, or international law must read. In reading them one gets a feel for the process itself and the overall fairness of it.

Justice Jackson’s opening and closing statements in the trial are considered to be among the most important and compelling addresses in legal history, as well as masterful rhetoric which connected with the audience and still do today. One legal analyst wrote:

The form components connected with all who participated as an audience at the time and kept the attentiveness of the audience, to change international criminal law forever. The settings broke, and notably continue to break, down the barriers for even those who still read the discourse today. Finally, the narrative’s connectivity is an absolute active function, as the memory and legacy of the tragedy that the Nazis inflicted upon humanity will forever evoke emotion for anyone exposed to this opening statement… With its emotional charge, legal rationale, and human viewpoint, it cannot be denied that this narrative not only held a strong rhetorical effectiveness for the judicial panel hearing the case, but also the world at the time it was given. Patrick Iyampillai, “A Grave Responsibility: A Rhetorical Critique of the Opening Statement at Nuremberg Using the Narrative Perspective”

I have posted with commentary Jackson’s introduction, and his discussion of the Nazi battles against Free Labor Unions, and the Churches. Today I move on to his discussion of the criminal racial Nazi War Against the Jews in Germany and across occupied Europe. This is one of the most important aspects of his opening statement because of its relevance today as anti-Semitism and violence against Jews grows more open and more common in Europe and the United States.

When you read them you get a sense of the moral authority that Jackson championed and the manner in which he tied these crimes in to the the crimes that he previously had dealt with in his speech before the tribunal.

I have read many authoritative histories of the Holocaust and the Nazi genocide committed against the Jews. I have also read the accounts of the Nazi perpetrators. These are vitality important, but what is often missing from them is Jackson’s skill as a prosecutor to hammer away at the guilt of those who committed these heinous actions. Sometimes a detached historian attempting to convey the facts, fails provide the moral rhetoric of a prosecutor to fully convey the extent of the evil that was committed by the Nazis Against the Jews. Thus, Jackson’s speech should be a jumping off point before one begins to study the Holocaust. It may not sound fair, but one has to understand the moral outrage of the Nazi crimes before one can appreciate the truth about the Nazi crimes.

Sadly, the crimes of the Nazis evoke little outrage today. When neo-Nazis demonstrated in Charlottesville in the summer of 2017, killing a counter-protestor and beating others, President Trump equivocated and said that there “were very good people on both sides.” Time after time we witness the spectacle of political leaders in the United States, Hungary, Poland, Germany, France, and Russia using blatant anti-Semitism, and racism to remind others that they are the superior race; and most of their supporters make no protest. The examples of their political words, and the crimes directly linked to racism and anti-Semitism are now far too numerous to even bother to list, and they are added to on what seems like a daily basis.

Do not get me wrong, history is important, facts matter, and anti-Semitism and racism are a poison that seems to infect the human race. Historian Christopher Browning wrote:

“I fear that we live in a world in which war and racism are ubiquitous, in which the powers of government mobilization and legitimization are powerful and increasing, in which a sense of personal responsibility is increasingly attenuated by specialization and bureaucratization, and in which the peer group exerts tremendous pressures on behavior and sets moral norms. In such a world, I fear, modern governments that wish to commit mass murder will seldom fail in their efforts for being unable to induce “ordinary men” to become their “willing executioners.

The Nazis were guilty. Their crimes were horrific, and one cannot as a human being simply relegate them to the depths of history when before our eyes their apologists seek to again use race hatred to gain power; in some countries they are The stakes are far too high. As historian Timothy Snyder has so poignantly written:

“The European history of the twentieth century shows us that societies can break, democracies can fall, ethics can collapse, and ordinary men can find themselves standing over death pits with guns in their hands. It would serve us well today to understand why.”

The fact is what happened in the Holocaust was not an aberration of human nature. Genocide is not confined to the Nazis. Rwanda, Cambodia, Armenia, the Balkans, Nanking, Stalin’s genocide of Ukrainians, Kazakhs, Belorussians, and other non-Russian citizens of the Soviet Union, and the American extermination of the indigenous Native American tribes are not ancient history. Historian Gerhard Weinberg wrote:

“It’s very, very important for people to get a sense of what the potentialities of people really are, what the dangers of ignorance can be. It is in this context, that a supposedly advanced society risks descending into the sewer, that the Holocaust is a warning to people who think of themselves as an advanced, modern society….”

With that, I give you Jackson’s dissection of the Nazi Crimes Against the Jews which he delivered on the afternoon of November 21st, 1945.

The most savage and numerous crimes committed by the Nazis were those against the Jews. Those in Germany, in 1933, numbered about 500,000. In the aggregate, they had made for themselves positions which excited envy, and had accumulated properties which excited the avarice of the Nazis. They were few enough to be helpless and numerous enough to be held up as a menace.

Let there be no misunderstanding about the charge of persecuting Jews. What we charge against these defendants is not those arrogances and pretensions which frequently accompany the intermingling of different peoples and which are likely, despite the honest efforts of Government, to produce regrettable crimes and convulsions. It is my purpose to show a plan and design to which all Nazis were fanatically committed to annihilate all Jewish people. These crimes were organised and promoted by the Party Leadership, executed and protected by the Nazi officials, as we shall convince you by written orders of the Secret State Police itself.


The persecution of the Jews was a continuous and deliberate policy. It was a policy directed against other nations as well as against the Jews themselves. Anti-Semitism was promoted to divide and embitter the democratic peoples and to soften their resistance to the Nazi aggression. As Robert Ley declared in Der Angriff on 14 May, 1944, “the second German secret weapon is Anti-Semitism because, if it is constantly pursued by Germany, it will become a universal problem which all nations will be forced to consider.”

Anti-Semitism also has been aptly credited with being a “spearhead of terror.” The ghetto was the laboratory for testing repressive measures. Jewish property was the first to be expropriated, but the custom grew and included similar measures against Anti-Nazi Germans, Poles, Czechs, Frenchmen, and Belgians. Extermination of the Jews enabled the Nazis to bring a practised hand to similar measures against Poles, Serbs, and Greeks. The plight of the Jew was a constant threat to opposition or discontent among other elements of Europe’s population -Pacifists, Conservatives, Communists, Catholics, Protestants, Socialists. It was in fact, a threat to every dissenting opinion and to every non-Nazi’s life.

The persecution policy against the Jews commenced with non-violent measures, such as disfranchisement and discriminations against their religion, and the placing of impediments in the way of success in economic life. It moved rapidly to organised mass violence against them, physical isolation in ghettos, deportation, forced labour, mass starvation, and extermination. The Government, the Party formations indicted before you as criminal organisations, the Secret State Police, the Army, private and semi-public associations, and “spontaneous” mobs that were carefully inspired from official sources, were all agencies that were concerned in this persecution. Nor was it directed against individual Jews for personal bad citizenship or unpopularity. The avowed purpose was the destruction of the Jewish people as a whole, as an end in itself, as a measure of preparation for war, and as a discipline for conquered peoples.

The conspiracy or common plan to exterminate the Jew was so methodically and thoroughly pursued, that despite the German defeat and Nazi prostration this Nazi aim largely has succeeded. Only remnants of the European Jewish population remain in Germany, in the countries which Germany occupied, and in those which were her satellites or collaborators. Of the 9,600,000Jews who lived in Nazi-dominated Europe, 6o per cent. are authoritatively estimated to have perished-5,700,000 Jews are missing from the countries in which they formerly lived, and over 4,500,000 cannot be accounted for by the normal death rate nor by immigration; nor are they included among displaced persons. History does not record a crime ever perpetrated against so many victims or one ever carried out with such calculated cruelty.

You will have difficulty, as I have, to look into the faces of these defendants and believe that in this Twentieth Century human beings could inflict such sufferings as will be proved here, on their own countrymen as well as upon their so-called “inferior” enemies. Particular crimes, and the responsibility defendants for them, are to be dealt with by the Soviet Government’s Counsel, when committed in the East, and by Counsel for the Republic of France committed in the West. I advert to them only to show their magnitude as evidence of a purpose and a knowledge common to all defendants, of an official plan rather than of a capricious policy of some individual commander, and to show such a continuity of Jewish persecution, from the rise of the Nazi conspiracy to its collapse, as forbids us to believe that any person could be identified with any part of Nazi action without approving this most conspicuous item in their programme.

The Indictment itself recites many evidences of the anti-Semitic persecutions. The defendant Streicher led the Nazis in anti-Semitic bitterness and extremism. In an article appearing in Der Sturmer on 19th March, he complained that Christian teachings have stood in the way of “racial solution of the Jewish question in Europe,” and quoted enthusiastically as the Twentieth Century solution the Fuehrer’s proclamation Of 24th February, 1943, that “the Jew will be exterminated.” And on 4th November, 1943, Streicher declared in Der Sturmer that the Jews “have disappeared from Europe and that the Jewish ‘Reservoir of the East’ from which the Jewish plague has for centuries beset the people of Europe, has ceased to exist.” Streicher now has the effrontery to tell us he is “only a Zionist”; he says he only wants to return the Jews to Palestine.

But on 7th May, 1942, his newspaper Der Sturmer had this to say: “It is also not only a European problem! The Jewish question is a world question! Not only is Germany not safe in the face of the Jews as long as one Jew lives in Europe, but also the Jewish question is hardly solved in Europe so long as Jews live in the rest of the world.”

Hans Frank Hitler’s Lawyer and Governor General of Occupied Poland

And the defendant Hans Frank, a lawyer by profession I say with shame, summarised in his diary in 1944 the Nazi policy thus:

“The Jews are a race which has to be eliminated; whenever we catch one, it is his end.” (Document No. 2233-PS, Vol. 1944, p. 26.)

And earlier, speaking of his function as Governor-General of Poland, he confided to his diary this sentiment:

“Of course I cannot eliminate all lice and Jews in only a year’s time.” (2233-PS, Vol. IV, 1940, p. 1159)

I could multiply endlessly this kind of Nazi ranting, but I will leave it to the evidence and turn to the fruit of this perverted thinking.

The most serious of the actions against Jews were outside of any law, but the law itself was employed to some extent. There were the infamous Nuremberg decrees of 15th September, 1935. (“Reichsgesetzblatt,” 1935, Part 1, p. 1146.) The Jews were segregated into ghettos and put into forced labour; they were expelled from their professions; their property was expropriated; all culturallife, the Press, the theatre, and schools were prohibited them; and the S.D. was made responsible for them. (212-PS, 069-PS.) This was an ominous guardianship as the following order for “The Handling of the Jewish Question” shows:

“The competency of the Chief of the Security Police and Security Service, who is charged with the mission of solving the European Jewish question, extends even to the occupied eastern provinces. . . .

An eventual act by the civilian population against the Jews is not to be prevented as long as this is compatible with the maintenance of order and security in the rear of the fighting troops. . . .

The first main goal of the German measures must be the strict segregation of Jewry from the rest of the population. In the execution of this, first of all, is the seizing of the Jewish populace by the introduction of a registration order and similar appropriate measures…

Then immediately, the wearing of the recognition sign, consisting of a yellow Jewish star, is to be brought about and all rights of freedom for Jews are to be withdrawn. They are to be placed in ghettos, and at the same time, are to be separated according to sex. The presence of many more or less closed Jewish settlements in White Ruthenia and in the Ukraine makes this mission easier. Moreover, places are to be chosen which make possible the full use of the Jewish manpower in case labour needs are present. The entire Jewish property is to be seized and confiscated, with the exception of that which is necessary for a bare existence. As far as the economical situation permits, the power of disposal of their property is to be taken from the Jews as soon as possible through orders and other measures given by the commissariat, so that the moving of property will quickly cease.”

“Any cultural activity will be completely forbidden to the Jew. This includes the outlawing of the Jewish Press, the Jewish theatres and schools.

“The slaughtering of animals according to Jewish rites is also to be prohibited.” (212-PS).

Obergrüppenfuhrer Reinhard Heydrich Architect of the Final Solution

The anti-Jewish campaign became furious following the assassination in Paris of the German Legation Councillor von Rath. Heydrich, Gestapo head, sent a telegram to all Gestapo and S.D. offices with directions for handling “spontaneous” uprisings anticipated for the nights of 9th and 10th November, 1938, so as to aid in destruction of Jewish-owned property and protect that of Germans. No more cynical document ever came into evidence. Then there is a report by an S.S. Brigade Leader, Dr. Stahlecher to Himmler, which recites that:

“Similarly, native anti-Semitic forces were induced to start pogroms against Jews after capture, though this inducement proved to be very difficult.

Following out orders, the Security Police was determined to solve the Jewish question with all possible means and most decisively. But it was desirable that the Security Police should not put in an immediate appearance, at least at the beginning, since the extraordinarily harsh measures were apt to stir even German circles. It had to be shown to the world that the native population itself took the first action by way of natural reaction against the suppression by Jews during several decades and against the terror exercised by the Communists during the preceding period.”

In view of the extension of the area of operations and the great number of duties which had to be performed by the Security Police, it was intended from the very beginning to obtain the co-operation of the reliable population for the fight against vermin – that is mainly the Jews and Communists. Beyond our directing of the first spontaneous actions of self-cleansing, which will be reported elsewhere, care had to be taken that reliable people should be put to the cleansing job, and that they were appointed auxiliary members of the Security Police.”

Kowno. To our surprise it was not easy at first to set in motion an extensive pogrom against Jews. Klimatis, the leader of the partisan unit, mentioned above, who was used for this purpose primarily, succeeded in starting a pogrom on the basis of advice given to him by a small advanced detachment acting in Kowno, and in such a way that no German order or German instigation was noticed from the outside. During the first pogrom in the night from 25 to 26.6 the Lithuanian partisans did away with more than 1,500 Jews, set fire to several Synagogues or destroyed them by other means and burned down a Jewish dwelling district consisting of about 60 houses. During the following nights about 2,300 Jews were made harmless in a similar way. In other parts of Lithuania similar actions followed the example of Kowno, though smaller and extending to the Communists who had been left behind.

These self-cleansing actions went smoothly because the Army authorities who had been informed showed understanding for this procedure. From the beginning it was obvious that only the first days after the occupation would offer the opportunity for carrying out pogroms. After the disarmament of the partisans the self-cleansing actions ceased necessarily.

It proved much more difficult to set in motion similar cleaning actions in Latvia.”

From the beginning it was to be expected that the Jewish problem in the East could not be solved by pogroms alone. In accordance with basic orders received, however, the cleansing activities of the Security Police had to aim at the complete annihilation of the Jews…

“The sum total of Jews liquidated in Lithuania amounts to 71,105. . . .” (L-180)

Of course, it is self-evident that these “uprisings” were managed by the government and the Nazi Party. If we were in doubt, we could resort to Streicher’s memorandum of 14th April, 1939, which says, “The anti-Jewish action of November, 1938, did not arise spontaneously from the people.. Part of the party formation has been charged with the execution of the anti-Jewish action.” (406-PS) Jews as a whole were fined a billion Reichsmarks. They were excluded from all businesses, and claims against insurance companies for their burned properties were confiscated, all by the decree of the defendant Goering. (Reichsgesetzblatt, 1938, Part 1, pp. 1579-1582.)

Synagogues were the objects of a special vengeance. On 10th November, 1938, the following order was given: “

“By order of the Group Commander, all Jewish Synagogues in the area of Brigade 50 have to be blown up or set afire. The operation will be carried out in civilian clothing…. Execution of the order will be reported….( 1721-PS.) Some 40 teletype messages, from police headquarters, which will be introduced to you, will tell the fury with which all Jews were pursued in Germany on those awful November nights. The S.S. troops were turned loose and the Gestapo supervised. Jewish-owned property was destroyed. The Gestapo ordered twenty to thirty thousand “well-to-do Jews” to be arrested. Concentration camps were to receive them and the order provided healthy Jews, fit for labour, were to be taken (3051-PS).

As the German frontiers were expanded by war, so the campaign against the Jews expanded. The Nazi plan never was limited to Germany; always it contemplated extinguishing the Jew in Europe and often in the world. In the West, the Jews were killed and their property, taken over. But the campaign achieved its zenith of savagery in the East. The Eastern Jew has suffered as no people ever suffered. Their sufferings were carefully reported to the Nazi authorities to show faithful adherence to the Nazi design. I shall refer only to enough of the evidence of these to show the extent of the Nazi design for killing Jews.

If I should recite these horrors in words of my own, you would think me intemperate and unreliable. Fortunately, we need not take the word of any witness but the Germans themselves. I invite you now to look at a few of the vast number of captured German orders and reports that will be offered in evidence, to see what a Nazi invasion meant. We will present such evidence as the report of “Einsatzgruppe (Action Group) A” of 15th October, 1941, which boasts that in overrunning the Baltic States, “Native Anti-Semitic forces were induced to start pogroms against the Jews during the first hours after occupation.” The report continues:

“From the beginning it was to be expected that the Jewish problem in the East could not be solved by pogroms alone. In accordance with the basic orders received, however, the cleansing activities of the Security Police had to aim at a complete annihilation of the Jews. Special detachments reinforced by selected units -in Lithuania partisan detachments, in Latvia units of the Latvian auxiliary police -therefore performed extensive executions both in the towns and in rural areas. The actions of the execution detachments were performed smoothly.”

“The sum total of the Jews liquidated in Lithuania, according to the report, amounts to 71,105. During the pogroms in Kowno 3,800 Jews were eliminated, in the smaller towns about 1,200 Jews.”

“In Latvia, up to now a total of 30,000 Jews was executed. Five hundred were eliminated by pogroms in Riga.” (L-180.)

This is a captured report from the Commissioner of Sluzk on 20th October, 1941, which describes the scene in more detail.

It says:-“… The first lieutenant explained that the police battalion had received the assignment to effect the liquidation of all Jews here in the town of Sluzk, within two days … Then I requested him to postpone the action one day. However, he rejected this with the remark that he had to carry out this action everywhere and in all towns and that only two days were allotted for Sluzk. Within these two days the town of Sluzk had to be cleared of Jews by all means … All Jews without exception were taken out of the factories and shops and deported in spite of our agreement. It is true that part of the Jews was moved by way of the ghetto, where many of them were processed and still segregated by me, but a large part was loaded directly on trucks and liquidated without further delay outside of the town.. For the rest, as regards the execution of the action, I must point out to my deepest regret that the latter bordered already on sadism. The town itself offered a picture of horror during the action. With indescribable brutality on the part of the German police officers and particularly the Lithuanian partisans, the Jewish people, but also among them White Ruthenians, were taken out of their dwellings and herded together. Everywhere in the town shots were to be heard and in different streets the corpses of shot Jews accumulated. The White Ruthenians were in greatest distress to free themselves from the encirclement. Regardless of the fact that the Jewish people, among whom were also tradesmen, were mistreated in a terribly barbarous way in the face of the White Ruthenian people, the White Ruthenians themselves were also worked over with rubber clubs and rifle butts. There was no question of an action against the Jews anymore. It rather looked like a revolution…”( 1104-PS.)

There are reports which merely tabulate the numbers slaughtered. Another example is an account of the work of Einsatzgruppen of Sipo and S.D. in the East which relates that “in Estonia, all Jews were arrested immediately upon the arrival of the Wehrmacht.”

Jewish men and women above the age of sixteen and capable of work were drafted for forced labour. Jews were subjected to all sorts of restrictions and all Jewish property was confiscated.

All Jewish males above the age of sixteen were executed, with the exception of doctors and elders. Only 500 of an original 4,500 Jews remained.

37,180 persons have been liquidated by the Sipo and S.D. in White Ruthenia during October.

In one town, 337 Jewish women were executed for demonstrating a “provocative attitude.” In another, 380 Jews were shot for spreading vicious propaganda.

And so the report continues, listing town after town, where hundreds upon hundreds of Jews were murdered.

In Vitebsk 3,000 Jews were liquidated because of the danger of epidemics.

In Kiev, 33,771 Jews were executed On 29th/ 30th September in retaliation for some fires which were set off there.

In Zhitomir, 3,145 Jews “had to be shot” because, judging from experience they had to be considered as the carriers of Bolshevik propaganda.

In Kherson, 410 Jews were executed in reprisal against acts of sabotage. In the territory east of the Djnepr, the Jewish problem was “solved” by the liquidation Of 4,891 Jews and by putting the remainder into labour battalions of up to 1,000 persons. (R-102.)

Other accounts tell not of the slaughterso much as of the depths of degradation to which the tormentors stooped. For example, we will show the report made to defendant Rosenberg about the Army and the S.S. in the area under Rosenberg’s jurisdiction, which recited the following:

“Details in the presence of S.S. man, a Jewish dentist has to break all gold teeth and fillings out of mouth of German and Russian Jews before they are executed.”

Men, women and children are locked into barns and burned alive.

Peasants, women and children, are shot on the pretext that they are suspected of belonging to bands. (R-135.)

We of the Western world heard of gas wagons in which Jews and political opponents were asphyxiated. We could not believe it. But here we have the report of 16th May, I942, from the German S.S. Officer Becker, to his supervisor in Berlin, which tells this story;

“Gas vans in C group can be driven to execution spot, which is generally stationed ten to fifteen kilometres from main road, only in dry weather. Since those to be executed become frantic if conducted to this place, such vans become immobilised in wet weather.

Gas vans in D group were camouflaged as cabin trailers, but vehicles well known to authorities and civilian population which calls them ‘Death Vans.’

The writer of the letter, Becker, ordered all men to keep as far away as possible during gassing. Unloading van after the gassing has ‘atrocious spiritual and physical effect’ on men and they should be ordered not to participate in such work.” (501-PS.)

Liquidation of the Warsaw Ghetto 1943

I shall not dwell on this subject longer than to quote one more sickening document which evidences the planned and systematic character of these Jewish persecutions. I hold a report written with Teutonic thoroughness as to detail, illustrated with photographs to authenticate its almost incredible text, and beautifully bound in leather with the loving care bestowed to a proud work. It is the original report of the S.S. Brigade General Stroop in charge of the destruction of the Warsaw Ghetto, and its title page carries the inscription, “The Jewish Ghetto in Warsaw no longer exists.” It is characteristic that one of the captions explains that the photograph concerned shows the driving out of Jewish “bandits”; those whom the photograph shows being driven out are almost entirely women and little children. It contains a day-by-day account of the killings mainly carried out by the S.S. Organisation, too long to relate, but let me quote General Stroop’s summary: 

“The resistance put up by the Jews and bandits could only be suppressed by energetic actions of our troops day and night. The Reichsfuehrer S.S. ordered therefore on 23rd April, 1943, the cleaning out of the ghetto with utter ruthlessness and merciless tenacity. I, therefore, decided to destroy and burn down the entire ghetto without regard to the armament factories. These factories were systematically dismantled and then burned. Jews usually left their hideouts, but frequently remained in the burning buildings and jumped out of the windows only when the heat became unbearable. They then tried to crawl with broken bones across the street into buildings which were not afire. Sometimes they changed their hideouts during the night into the ruins of burned buildings. Life in the sewers was not pleasant after the first week. Many times we could hear loud voices in them. S.S. men or policemen climbed bravely through the manholes to capture these Jews. Sometimes they stumbled over Jewish corpses; sometimes they were shot at. Tear gas bombs were thrown into the manholes and the Jews driven out of the sewers and captured. Countless numbers of Jews were liquidated in sewers and bunkers through blasting. The longer the resistance continued the tougher became the members of the Waffen S.S., Police and Wehrmacht, who always discharged their duties in an exemplary manner. Frequently Jews who tried to replenish. their food supplies during the night or to communicate with neighbouring groups were exterminated.” (1061-PS) “

“This action eliminated,” says the S.S. commander, “a proved total of 56,065. To that we have to add the number killed through blasting, fire, etc., which cannot be counted.”

We charge that all atrocities against Jews were the manifestation and culmination of the Nazi plan to which every defendant here was a party. I know very well that some of these men did take steps to spare some particular Jew for some personal reason from the horrors that awaited the unrescued Jew. Some protested that particular atrocities were excessive, and discredited the general policy. While a few defendants may show efforts to make specific exceptions to the policy of Jewish extermination, I have found no instance in which any defendant opposed the policy itself or sought to revoke or even modify it.

Determination to destroy the Jews was a binding force which at all times cemented the elements of this conspiracy. On many internal policies there were differences among the defendants. But there is not one of them who has not echoed the rallying cry of Naziism: DEUTSCIILAND ERWACHE-JUDA VERRECKE (Germany Awake-Jewry Perish!)

I come to the discussion of terrorism and to preparation for the war.

How a Government treats its own inhabitants generally is thought to be no concern of other Governments or of international society. Certainly few oppressions or cruelties would warrant the intervention of foreign powers. But the German mistreatment of Germans is now known to pass in magnitude and savagery any limits of what is tolerated by modern civilisation. Other nations, by silence, would take a consenting part in such crimes. These Nazi persecutions, moreover, take character as international crimes because of the purpose for which they were undertaken.

The purpose, as we have seen, of getting rid of the influence of free labour, the churches and the Jews was to clear their obstruction to the precipitation of aggressive war. If aggressive warfare in violation of treaty obligation is a matter of international cognisance, the preparations for it must also be of concern to the international community. Terrorism was the chief instrument for securing the cohesion of the German people in war purposes. Moreover, these cruelties in Germany served as atrocity practice to discipline the membership of the criminal organisation to follow the pattern later in occupied countries.

 

 

 

 

 

 

 

 

The Selection Process at the Auschwitz Railhead


Though the police formations that are before you accused as criminal organisations, the Nazi Party leaders, aided at some point in their basic and notorious purpose by each of the individual defendants, instituted a reign of terror. These espionage and police organisations were utilised to hunt down every form of opposition and to penalise every nonconformity. These organisations early founded and administered concentration camps -Buchenwald in 1933, Dachau in 1934. But these notorious names were not alone. Concentration camps came to dot the German map and to number scores. At first they met with resistance from some Germans. We have a captured letter from Minister of Justice Gurtner to Hitler which is revealing. A Gestapo official had been prosecuted for crimes committed in a camp at Hohenstein, and the Nazi Governor of Saxony had promptly asked that the proceeding be quashed. The Minister of Justice in June of 1935 protested because, as he said, “In this camp unusually grave mistreatments of prisoners has occurred at least since Summer 1939. The prisoners not only were beaten with whips, without cause, similarly as in the Concentration Camp Bredow near Stettin until they lost consciousness, but they were also tortured in other manners, e.g., with the help of a dripping apparatus constructed exclusively for this purpose, under which prisoners had to stand until they were suffering from serious purulent wounds of the scalp.” (787-PS)

The Shoes of the Gassed 


I shall not take time to detail the ghastly proceedings in these concentration camps. Beatings, starvings, tortures, and killings were routine -so routine that the tormentors became blase and careless. We have a report of discovery that in Plotzensee one night, 186 persons were executed while there were orders for only 150. Another report describes how the family of one victim received two urns of ashes by mistake. Inmates were compelled to execute each other. In 1942, they were paid five Reichsmarks per execution, but on 27th June, 1942, S.S. General Glucke ordered commandants of all concentration camps to reduce this honorarium to three cigarettes. In 1943, the Reichs leader of the S.S. and Chief of German Police ordered the corporal punishment on Russian women to be applied by Polish women and vice versa, but the price was not frozen. “As a reward, a few cigarettes” was authorised. Under the Nazis, human life had been progressively devalued, until it finally became worth less than a handful of tobacco -Ersatz tobacco. There were, however, some traces of the milk of human kindness. On 11th August, 1942, an order went from Himmler to the commandants of fourteen concentration camps that “only German prisoners are allowed to beat other German prisoners.” (2189-PS).

Mystery and suspense was added to cruelty in order to spread torture from the inmate to his family and friends. Men and women disappeared from their homes or business or from the streets, and no word came of them. The omission of notice was not due to overworked staff; it was due to policy. The Chief of the S.D. and Sipo reported that, in accordance with orders from the Fuehrer, anxiety should be created in the minds of the family of the arrested person. (668-PS.) Deportations and secret arrests were labelled, with a Nazi wit which seems a little ghoulish, “Nacht und Nebel” (Night and Fog). (L, 90, 833-PS.)

One of the many orders for these actions, gave this explanation:

“The decree carries a basic innovation. The Fuehrer and Commander-in-Chief of the Armed Forces commands that crimes of the specified sort by civilians of the occupied territories are to be punished by the pertinent courts martial in the occupied territories only when (a) the sentence calls for the death penalty; and (b) the sentence is pronounced within eight days of arrest. Only when both conditions are met does the Fuehrer and Commander-in Chief of the Armed Forces hope for the desired deterrent effect from the conduct of punitive proceedings in the occupied territories. In other cases in the future, the accused are to be secretly brought to Germany, and the further conduct of the trial carried on here. The deterrent effect of these measures lies (a) in allowing the disappearance of the accused without a trace; (b) therein that no information whatsoever may be given about their whereabouts and their fate.” (833-PS.)

To clumsy cruelty, scientific skill was added. “Undesirables” were exterminated by injection of drugs into the bloodstream, by asphyxiation in gas chambers. They were shot with poison bullets, to study the effects (L-103); Then, to cruel experiments the Nazi added obscene ones. These were not the work of underling-degenerates, but of master-minds high in the Nazi conspiracy. On 20th May, 1942, General Field Marshal Milch authorised S.S. General Wolff to go ahead at Dachau Camp with so-called “cold experiments”; and four female gypsies were selected for the purpose. Himmler gave permission to carry on these “experiments” also in other camps (1617-PS). At Dachau, the reports of the “doctor” in charge show that victims were immersed in cold water until their body temperature was reduced to 26 degrees centigrade (8.24 degrees Fahrenheit) when they all died immediately. (1618-PS.) This was in August, 1942. But the “doctor’s” technique improved. By February, 1943, he was able to report that thirty persons were chilled to 27 to 29 degrees, their hands and feet frozen white, and their bodies “rewarmed” by a hot bath. But the Nazi scientific triumph was “rewarming with animal heat.” The victim, all but frozen to death, was surrounded with the bodies of living women until he revived and responded to his environment by having sexual intercourse. (1616-PS.) Here Nazi degeneracy reached its nadir.


I dislike to encumber the record with such morbid tales, but we are in the grim business of trying men as criminals, and these are the things that their own agents say happened. We will show you these concentration camps in motion pictures. just as the Allied armies found them when they arrived, and the measures General Eisenhower had to take to clean them up. Our proof will be disgusting and you will say I have robbed you of your sleep. But these are the things which have turned the stomach of the world and set every civilised hand against Nazi Germany.

Germany became one vast torture chamber. Cries of its victims were heard round the world and brought shudders to civilised people everywhere. I am one who received during this war most atrocity tales with suspicion and skepticism. But the proof here will be so overwhelming that I venture to predict not one word I have spoken will be denied. These defendants will only deny personal responsibility or knowledge.

Under the clutch of the most intricate web of espionage and intrigue that any modern State has endured, and persecution and torture of a kind that has not been visited upon the world in many centuries, the elements of the German population which were both decent and courageous were annihilated. Those which were decent but weak were intimidated. Open resistance, which had never been more than feeble and irresolute, disappeared. But resistance, I am happy to say, always remained, although it was manifest in only such events as the abortive effort to assassinate Hitler on 20th July, 1944. With resistance driven underground, the Nazi had the German State in his own hands.

But the Nazis not only silenced discordant voices. They created positive controls as effective as their negative case. Propaganda organs, on a scale never before known, stimulated the party and party formations with a permanent enthusiasm and abandon such as we, democratic people, can work up only for a few days before a general election. They inculcated and practised the Fuehrer-prinzip which centralised control of the Party and of the Party-controlled State over the lives and thought of the German people, who are accustomed to look upon the German State, by whomever controlled, with a mysticism that is incomprehensible to my people.

All these controls, from their inception were exerted with unparalleled energy and single-mindedness to put Germany on a war footing. We will show from the Nazis’ own documents their secret training of military personnel, their secret creation of a military air force. Finally, a conscript army was brought into being. Financiers, economists, industrialists, joined in the plan and promoted elaborate alterations in industry and finance to support an unprecedented concentration of resources and energies upon preparations for war. Germany’s rearmament so outstripped the strength of her neighbours that in about a year she was able to crush the whole military force of Continental Europe, exclusive of that of Soviet Russia, and then to push the Russian armies back to the Volga. These preparations were of a magnitude which surpassed all need of defence, and every defendant, and every intelligent German, well understood them to be for aggressive purposes.

Before resorting to open aggressive warfare, the Nazis undertook some rather cautious experiments to test the spirit of resistance of those who lay across their path. They advanced, but only as others yielded, and kept in a position to draw back if they found a temperament that made persistence dangerous.

On 7th March, 1936, the Nazis reoccupied the Rhineland and then proceeded to fortify it in violation of the Treaty of Versailles and the Pact of Locarno. They encountered no substantial resistance and were emboldened to take the next step, which was the acquisition of Austria. Despite repeated assurances that Germany had no designs on Austria, invasion was perfected. Threat of attack forced Schuschnigg to resign as Chancellor of Austria and put the Nazi defendant Seyss-Inquart in his place. The latter immediately opened the frontier and invited Hitler to invade Austria “to preserve order”. On 12th March the invasion began. The next day, Hitler proclaimed himself Chief of the Austrian State, took command of its armed forces, and a law was enacted annexing Austria to Germany.

Threats of aggression had succeeded without arousing resistance. Fears nevertheless had been stirred. They were lulled by an assurance to the Czechoslovak Government that there would be no attack on that country. We will show that the Nazi Government already had detailed plans for the attack. We will lay before you the documents in which those conspirators planned to create an incident to justify their attack. They even gave consideration to assassinating their own Ambassador at Prague in order to create a sufficiently dramatic incident. They did precipitate a diplomatic crisis which endured throughout the summer. Hitler set 30th September as the day when troops should be ready for action. Under the threat of immediate war, the United Kingdom and France concluded a pact with Germany and Italy at Munich on 29th September, 1938, which required Czechoslovakia to acquiesce in the cession of the Sudetenland to Germany. It was consummated by German occupation on 1st October, 1938.

The Munich Pact pledged no further aggression against Czechoslovakia, but the Nazi pledge was lightly given and quickly broken. On 15th March, 1939, in defiance of the Treaty of Munich itself, the Nazis seized and occupied Bohemia and Moravia, which constituted the major part of Czechoslovakia not already ceded to Germany. Once again the West stood aghast, but it dreaded war, it saw no remedy except war, and it hoped against hope that the Nazi fever for expansion had run its course. But the Nazi world was intoxicated by these unresisted successes in open alliance with Mussolini and in covert alliance with Franco. Then, having made a deceitful, delaying peace with Russia, the conspirators entered upon the final phase of the plan to renew war.

I will not prolong this address by detailing the steps leading to the war of aggression which began with the invasion of Poland on 1st September, 1939. The further story will be unfolded to you by the British Delegation from documents including those of the German High Command itself. The plans had been laid long in advance. As early as 1935 Hitler appointed the defendant Schacht to the position of “General Deputy for the War Economy.” (2261-PS) We have the diary of General Jodl (1780-PS); the “Plan Otto,” Hitler’s own order for attack on Austria in case trickery failed (C-102); the “Plan Green” which was the blueprint for attack on Czechoslovakia (338-PS); the plan for the War in the West (376-PS, 375-PS); Funk’s letter to Hitler dated 25th August, 1939, detailing the long course of economic preparation for war (699-PS); Keitel’s top-secret mobilisation order for 1939-40 prescribing steps to be taken during a “period of tension,” as it was described, during which no “‘ state of war’ will be publicly declared even if open war measures against the enemy will be taken.” This latter order (1699-PS) is in our possession despite a secret order issued on 16th March, 1945, when Allied troops were advancing into the heart of Germany, to burn these plans. We have also Hitler’s directive, dated 18th December, 1940, for the “Barbarossa Contingency,” which was a code name, outlining the strategy of the attack on Russia. That plan, in the original, bears the initials of the defendants Keitel and Jodl. They were planning the attack and planning it long in advance of the declaration of war. We have detailed information concerning the “Case White,” the plan for attack on Poland (2327-PS). That attack began the war. The plan was issued by Keitel on 3rd April, 1939. The attack did not come until September. Steps in preparation for the attack were taken by subordinate commanders, one of whom issued an order on 14th June providing that:

“The Commander-in-Chief of the Armies has ordered the working out of a plan of deployment against Poland which takes in account the demands of political leadership for the opening of the war by surprise and for quick successes.. I declare it the duty of the Commanding Generals, the Divisional Commanders, and the Commandants to limit as much as possible the number of persons who will be informed, and to limit the extent of the information, and ask that all suitable measures be taken to prevent persons not concerned from getting information.

The operation, in order to forestall an orderly Polish mobilisation and concentration, is to be opened by surprise with forces which are for the most part armoured and motorised, placed on alert in the neighbourhood of the border. The initial superiority over the Polish frontier-guards and surprise that can be expected with certainty are to be maintained by quickly bringing up other parts of the army as well to counteract the marching up of the Polish Army.

If the development of the political situation should show that a surprise at the beginning of the war is out of question, because of well-advanced defence preparations on the part of the Polish Army, the Commander-in-Chief of the Army will order the opening of the hostilities only after the assembling of sufficient additional forces The basis of all preparations will be to surprise the enemy..”( 2327-PS)

We also have the order for the attack on England, initialled again by Keitel and Jodl. It is interesting that it commences with a recognition that although the British military position is “hopeless,” they show not the slightest sign of giving in. (442-PS)

Not the least incriminating are the minutes of Hitler’s meeting with his high advisers.

As early as 5th November, 1937, Hitler told defendants Goering, Raeder, and Neurath, among others, that German rearmament was practically accomplished and that he had decided to secure by force, starting with a lightening attack on Czechoslovakia and Austria, greater living space for Germans in Europe no later that 1943-5 and perhaps as early as 1938. (368-PS) On the 23rd May, 1939, the Fuehrer advised his staff that:

“It is a question of expanding our living space in the East and of securing our food supplies over and above the natural fertility, thoroughgoing German exploitation will enormously increase the surplus.

There is therefore no question of sparing Poland, and we are left with the decision:

To attack Poland at the first suitable opportunity.

We cannot expect a repetition of the Czech affair. There will be war.” (L-79)

On 22nd August, 1939, Hitler again addressed members of the High Command, telling them when the start of military operations would be ordered. He disclosed that for propaganda purposes, he would provocate a good reason. “It will make no difference,” he announced, “whether this reason will sound convincing or not. After all, the victor will not be asked whether he talked the truth or not. We have to proceed brutally. The stronger is always right.” (1014-PS) On 23rd November, 1939, after the Germans had invaded Poland, Hitler made this explanation: “For the first time in history we have to fight on only one front. The other front is at present free, but no one can know how long that will remain so. I have doubted for a long time whether I would strike in the East and then in the West. Basically, I did not organise the armed forces in order not to strike. The decision to strike was always in me. Earlier or later I wanted to solve the problem. Under pressure it was decided that the East was to be attacked first.” (789-PS)

We know the bloody sequel. Frontier incidents were staged. Demands were made for cession of territory. When Poland refused, the German forces invaded on 1st September, 1939. Warsaw was destroyed; Poland fell. The Nazis, in accordance with plans, moved swiftly to extend their aggression throughout Europe and to gain the advantage of surprise over their unprepared neighbours, Despite repeated and solemn assurances of peaceful intentions, they invaded Denmark and Norway on 9th April, 1940; Belgium, the Netherlands and Luxembourg on 10th May, 1940, Yugoslavia and Greece on 6th April 1941.

As part of the Nazi preparation for aggression against Poland and her allies, Germany, on 23rd April, 1939 had entered into a non-aggression pact with Soviet Russia. It uses only a delaying treaty intended to be kept no longer than necessary to prepare for its violation. On 22nd June, 1941, pursuant to long matured plans, the Nazis hurled troops into Soviet territory without any declaration of war. The entire European world was aflame.

The Nazi plans of aggression called for use of Asiatic allies, and they found among the Japanese men of kindred mind and purpose. They were brothers, under the skin.

Himmler records a conversation that he had on 31st January, 1939, with General Oshima, Japanese Ambassador at Berlin. He wrote:

“Furthermore, he (Oshima) had succeeded up to now in sending 10 Russians with bombs across the Caucasian frontier. These Russians had the mission to kill Stalin. A number of additional Russians, whom he had also sent across, had been shot at the frontier.” (2195-PS.)

On 27th September, 1940, the Nazis concluded a German-Italian-Japanese ten-year military and economic alliance by which those powers agreed “to stand by and co-operate with one another in regard to their efforts in Greater East Asia and regions of Europe respectively, wherein it is their prime purpose to establish and maintain a new order of things.”

On 5th March, 1941, a top secret directive was issued by defendant Keitel. It stated that “The Fuehrer had ordered instigation of Japan’s active participation in the war” an directed that “Japan’s military power has to be strengthened by the disclosure of German war experiences and support of a military, economic and technical nature has to be given.” The aim was stated to be to crush England quickly, thereby keeping the United States out of the war. (C-75)

On 29th March, 1941, Ribbentrop told Matsuoka, the Japanese Foreign Minister, that the German Army was ready to strike against Russia. Matsuoka in turn reassured Ribbentrop about the Far East. Japan, he reported, was acting at the moment as though she had no interest whatever in Singapore, but “intends to strike when the right moment comes.” (1877-PS) On April, 1941, Ribbentrop urged Matsuoka that entry of Japan into the war would “hasten the victory” and would be more in the interest of Japan than of Germany, since it would Japan a unique chance to fulfil her national aims and to play a leading part in Eastern Asia. (1882-PS.)

The proofs in this case will also show that the leaders of Germany were planning war against the United States from its Atlantic as well as instigating it from its Pacific approaches. A captured memorandum from the Fuehrer’s headquarters, dated 29th October, 1940, asks certain information as to air bases and reports further that:

“The Fuehrer is at present occupied with the question of the occupation of the Atlantic islands with a view to the prosecution of war against America at a later date. Deliberations on this subject are being embarked upon here.” (376-PS.)

On 7th December, 1941, a day which the late President Roosevelt declared “will live in infamy,” victory for German aggression seemed certain. The Wehrmacht was at the gates of Moscow. Taking advantage of the situation, and while her plenipotentiaries were creating a diplomatic diversion in Washington, Japan without declaration o war treacherously attacked the United States at Pearl Harbour and the Philippines. Attacks followed swiftly on the British Commonwealth and The Netherlands in the South-west Pacific. These aggressions met in the only way that they could be met, with instant declarations of war and with armed resistance which mounted slowly through many long months of reverse until finally the Axis was crushed to earth and deliverance for its victims was won.

Your Honour, I am about to take up “Crimes in the Conduct of War,” which is quite a separate subject. We are within five minutes of the recessing time. It will be very convenient for me it if will be agreeable to you.

THE PRESIDENT: We will sit again in 15 minutes’ time, (A recess was taken.)

THE PRESIDENT: The Tribunal must request that if it adjourns for I5 minutes, that members of the bar and others are back in their seats after an interval of 15 minutes. Mr. Justice Jackson, I understand that you wish to continue to 5.15, when you may be able to conclude your speech?

MR. JUSTICE JACKSON: I think that would be the most orderly way.

THE PRESIDENT: Yes, the Tribunal will be glad to do so.

MR. JUSTICE JACKSON: May it please your Honour, I will now take up the subject of “Crimes in the Conduct of War.”

Until tomorrow,

Peace,

Padre Steve+

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When Churches Make Deals with Devils: the Nazi “German Christian“ Movement, Nuremberg, and the Trump Cult

Friends of Padre Steve’s World,

Last night I began to write about the Nuremberg Trials and the opening statement of the American Chief Prosecutor, Supreme Court Justice Robert Jackson and compared that opening statement and his litany of charges and evidence. Last year I continued with the Nazi attack on free Labor Unions but this year I have left it out in order to move to a much more pertinent section of his opening statement. It deals with the Nazis coopted the Churches and then began a battle against Churches and Christians who resisted.

The fascinating thing is that religious people and religious institutions are often the most unwavering in support of authoritarian regimes that often turn on them, because the Authoritarian can only allow one savior or God, and that would be him. Adolf Hitler was such a man. Saddam Hussein, Josef Stalin, the Salvadorian dictators, the Caesars, or any number of other men and women who wielded absolute power have used and abused churches or religious people in general in similar ways. Though Trump, despite his efforts to date Hass not completely crossed the line into a full blown authoritarian and dictator, he is acting more and more like one on a daily basis. His strongest supporters are conservative Christians, especially evangelicals, who unwaveringly support him regardless of what he does against the law, Constitution, and fundamental  Christian beliefs. Few of his Christian supporters have Turned against him even as he threatens the fabric of our system of government, national security and further divide the people of our republic. Those who do will pay a price even after he leaves office, willingly or unwillingly, not from Democrats or “Never Trump” former Republicans, but from the true believers of the Trump who will be looking for revenge.

At Nuremberg Jackson laid out his argument to show how Hitler’s initially favorable treatment of the churches was directed with the aim of suppressing or corrupting all competing institutions of power in the state that could potentially become centers of resistance. Likewise, Jackson built up his argument this to show how Hitler’s action were an attempt to remove any moderating influence that could stand against its plans for aggressive warfare and genocide.

The division of the German State Church into the Evangelical Church (Lutheran and Reformed) and Roman Catholicism was a problem for the Nazis. They desired the coordination Gleichschaltung of religion under their rule. The Protestant and Catholic state churches of Germany were potential rivals for the soul of the citizenry of the Third Reich. They ran schools, universities, hospitals, benevolent organizations, published influential newspapers, and had their own political parties and labor organizations that to achieve power the Nazis had to suppress.

German Protestantism since the day of Martin Luther was linked to German nationalism and seen by the Nazis as the ideal vehicle to build upon. The Catholic Church which was predominant in Bavaria and was strong in the other states of southern and western Germany. It was not very strong in the north, especially Prussia where in the 1800s Otto Von Bismarck persecuted the Catholic Church through the Külturkampf. Like Bismarck, Hitler, viewed the Catholic Church as less than fully committed to the Reich because of its allegiance to Rome, which Hitler and many other Nazis considered to be a foreign power. The fact that Hitler was raised Catholic yet repudiated the Church’s teachings and persecuted it while never formally leaving the Church is a fascinating psychological study but not enough to spend time on it tonight.

Hitler Greeting Catholic and Protestant Church Leaders

Likewise, other Nazi leaders of Catholic background realized the power of the Church and its institutions, and even stood in awe of them. Heinrich Himmler patterned his SS indoctrination upon the Jesuit model, without any emphasis on Christian beliefs. Former or lapsed Catholics in Hitler’s retinue including Joseph Goebbels, Heinrich Himmler, Hans Frank, and Himmler’s number two man, Reinhard Heydrich. Richard Evans wrote in his book The Third Reich in Power:

Himmler’s deputy, Reinhard Heydrich, reacted against a strict Catholic upbringing with a hatred of the Church that can only be called fanatical. In 1936, Heydrich classified the Jews and the Catholic Church, acting above all through political institutions such the Centre Party, as the two principal enemies of Nazism. As an international body, he argued, the Catholic Church was necessarily subversive of the racial and spiritual integrity of the German people. Moreover, the Catholics, unlike the Protestants, had been largely represented by a single political party, the Centre, whose voters, again unlike those of most other parties, had mostly remained loyal and resisted the appeal of Nazism during the elections of the early 1930s. Much of the blame for this could be laid in the Nazis’ view at the feet of the clergy, who had preached vehemently against the Nazi Party, in many cases ruled that Catholics could not join it, and strongly urged their congregations to continue voting for the Centre or its Bavarian equivalent, the Bavarian People’s Party. For many if not most leading Nazis, therefore, it was vitally important to reduce the Catholic Church in Germany as quickly as possible to total subservience to the regime. (Third Reich In Power pp. 234-235)

The average church member was not the physical target of their attacks, instead the Nazis worked at, and quite often were very successful at weaning away many of the faithful from anything more than perfunctory and traditional displays of religion. Even there the Nazis did their best to supplant holidays such as Christmas and Easter with Nazi themes and ideology, even changing words to traditional hymns.

The aim of the Nazi Party was to deprive the Churches of their social and political power, and in that they were quite successful. They suppressed church political parties and newspapers, labor unions, youth organizations. The latter were dissolved and replaced by the Reich Labor Front, and the Hitler Youth. Church schools were eventually closed by 1939 and religious education in public vocational schools was reduced to very small amounts of time with the teaching becoming more in line with Nazi racial ideology and anti-semitism.

The Protestant Church mostly fell in line with the exception of opposition of the minority Confessing Church. Even so the Protestant opposition for the most part limited its opposition to the Nazis to the infringements against the church, not the nationalism, Nazi war aims, or even the persecution of the Jews and the euthanasia programs. Richard Evans wrote:

The co-ordination of the Protestant Church was driven forward, among other factors, by the appointment of the lawyer August Jäger as State Commissioner for the Evangelical Churches in Prussia. Jäger declared that Hitler was completing what Luther had begun. They were ‘working together for the salvation of the German race’. Jesus represented ‘a flaring-up of the Nordic species in the midst of a world tortured by symptoms of degeneracy’. In conformity with the ‘leadership principle’, Jäger dissolved all elected bodies in the Prussian Church and replaced many existing officials with German Christians. Meanwhile, Reich Bishop Ludwig Müller had taken over the administrative headquarters of the Evangelical Church with the aid of a band of stormtroopers. By September, pressure was growing within the Reich Church to dismiss all Jews from Church employment. Much of the pressure came from ordinary pastors. Prominent here were young pastors from lower-middle-class backgrounds or non-academic families, men for whom war service had often been a life-defining experience, and racially conscious pastors from areas near Germany’s eastern borders for whom Protestantism represented German culture against the Catholicism of the Poles or the Orthodox faith of the Russians. Such men desired a Church militant based on the aggressive propagation of the Gospel, a crusading Church whose members were soldiers for Jesus and the Fatherland, tough, hard and uncompromising. Muscular Christianity of this kind appealed particularly to young men who despised the feminization of religion through its involvement in charity, welfare and acts of compassion. The traditional Pietist emphasis on sin and repentance, which dwelt on images of Christ’s suffering and transfiguration, was anathema to such men. They demanded instead an image of Christ that would set a heroic example for German men in the world of the here and now. For them, Hitler took on the mantle of a national redeemer who would bring about the rechristianization of society along with its national reawakening. (Third Reich in Power pp. 224-225)

The Nazified and nationalistic German Protestants, led by these clergy paint a striking image very similar to conservative American Evangelical Christians who echo many of the same theological themes, and who have in many cases elevated President Donald Trump into a redeemer and nearly messianic figure.

There were Protestant and Catholic Christians in the resistance but their efforts were doomed due to internal divisions on just what to do. Their individual courage cannot be questioned, but it seemed as if every one of their attempts to remove Hitler from power beginning during the Czechoslovakia crisis in 1938 was snake bitten. But for the most part German Christians be they Protestant or Catholic remained committed to the Nazi policies to the bitter end. It was a decided minority who risked their lives to resist. One was 22 year old Sophie Scholl, a leader of the White Rose Resistance who said of her fellow Germans and Christians:

“The real damage is done by those millions who want to ‘survive.’ The honest men who just want to be left in peace. Those who don’t want their little lives disturbed by anything bigger than themselves. Those with no sides and no causes. Those who won’t take measure of their own strength, for fear of antagonizing their own weakness. Those who don’t like to make waves—or enemies. Those for whom freedom, honour, truth, and principles are only literature. Those who live small, mate small, die small. It’s the reductionist approach to life: if you keep it small, you’ll keep it under control. If you don’t make any noise, the bogeyman won’t find you. But it’s all an illusion, because they die too, those people who roll up their spirits into tiny little balls so as to be safe. Safe?! From what? Life is always on the edge of death; narrow streets lead to the same place as wide avenues, and a little candle burns itself out just like a flaming torch does. I choose my own way to burn.”

Sophie was arrested, tried and executed in a number of days after a Nazi informant identified her to the Gestapo in February 1943. Dietrich Bonhoeffer, a noted Pastor and theologian working as a part of the military resistance to remove Hitler wrote something all too descriptive of American Christianity:

“Christianity stands or falls with its revolutionary protest against violence, arbitrariness and pride of power and with its plea for the weak. Christians are doing too little to make these points clear rather than too much. Christendom adjusts itself far too easily to the worship of power. Christians should give more offense, shock the world far more, than they are doing now. Christian should take a stronger stand in favor of the weak rather than considering first the possible right of the strong.”

So I will return to Robert Jackson’s opening statement at Nuremberg dealing with the Nazi relationship with the Churches toward the middle of the day on November 21st 1945. These are his words:

The Nazi Party was always predominantly anti-Christian by ideology. But we who believe in freedom of conscience and of religion base no charge of criminality on anybody’s ideology. It is not because the Nazis themselves were irreligious or pagan, but because they persecuted others of the Christian faith that they became guilty of crime, and it is because the persecution was a step in the preparation for aggressive warfare that the offence becomes one of international consequence. To remove every moderating influence among the German people and to put its population on a total war footing, the conspirators devised and carried out a systematic and relentless repression of all Christian sects and churches.

We will ask you to convict the Nazis on their own evidence, Martin Bormann in June 1941 issued a secret decree on the relation of Christianity and National Socialism. The decree provided:

“For the first time in German history the Fuehrer consciously and completely has the leadership of the people in his own hand. With the Party, its components, and attached units, the Fuehrer has created for himself, and thereby for the German Reich leadership, an instrument which makes him independent of the church. All influences which might impair or damage the leadership of the people exercised by the Fuehrer with the help of the N.S.D.A.P. must be eliminated. More and more the people must be separated from the churches and their organs, the pastors. Of course, the churches must and will, seen from their viewpoint, defend themselves against this loss of power. But never again must an influence on leadership of the people be yielded to the churches. This influence must be broken completely and finally. Only the Reich government, and by its direction the Party, its components, and attached units, have a right to leadership of the people. Just as the deleterious influence of astrologers, seers, and other fakers are eliminated and suppressed by the State, so must the possibility of church influence also be totally removed. Not until this has happened does the State leadership have influence on the individual citizens. Not until then are the people and Reich secure in their existence for all the future” (D-75).

And how the Party had been securing the Reich from Christian influence will be proved by such items as this teletype from the Gestapo, Berlin, to the Gestapo Nuremburg, on 24th July, 1938. Let us hear from their own account of events in Rottenburg:

“The Party, on 23rd July, 1939, from 2100 carried out the third demonstration against Bishop Sproll. Participants, about 2,500-3,000, were brought in from outside by bus, etc. The Rottenburg populace again did not participate in the demonstration. This town took rather a hostile attitude to the demonstrations. The action got completely out of hand of the Party Member responsible for it. The demonstrators stormed the palace, beat in the gates and doors. About 150 to 200 people forced their way into the palace, searched the rooms, threw files out of the windows, and rummaged through the beds in the rooms of the palace. One bed was ignited. Before the fire got to the other objects or equipment in the rooms and the palace, the flaming bed was throw from the window and the fire extinguished. The Bishop was with Archbishop Groeber of Freiburg, and the ladies and gentlemen of his menage in the chapel at prayer. About 25 to 30 pressed into this chapel and molested those present. Bishop Groeber was taken for Bishop Sproll. He was grabbed by the robe and dragged back and forth, Finally the intruders realised that Bishop Groeber was not the one they were seeking. They could then be persuaded to leave the building. After the evacuation of the palace by the demonstrators I had an interview with Archbishop Groeber, who left Rottenburg in the night. Groeber wants to turn to the Fuehrer and Reich Minister of the Interior Dr. Frick anew. On the course of the action, the damage done, as well as the homage of the Rottenburg populace beginning today for the Bishop, I shall immediately hand in a full report, after I begin suppressing counter mass meetings. In case the Fuehrer has instructions to give in this matter, I request that these be transmitted most quickly.” (848-PS).

Alfred Rosenberg Nazi Ideologist and Reich Minister for Occupied Territories

Later, defendant Rosenberg wrote to Bormann reviewing the proposal of Kerrl as Church minister to place the Protestant Church under State tutelage and proclaim Hitler its supreme head. Rosenberg was opposed, hinting that Naziism was to suppress the Christian Church completely after the war.

The persecution of all pacifist and dissenting sects, such as Jehovah’s Witnesses and the Pentecostal Association, was peculiarly relentless and cruel. The policy toward the Evangelical Churches, however, was to use their influence for the Nazi’s own purposes. In September, 1933, Muller was appointed the Fuehrer’s representative with power to deal with the “affairs of the Evangelical Church” in its relations to the State. Eventually, steps were taken to create a Reich Bishop vested with power to control this Church. A long conflict followed, Pastor Niemoller was sent to a concentration camp, and extended interference with the internal discipline and administration of the Churches occurred.

A most intense drive was directed against the Roman Catholic Church. After a strategic Concordat with the Holy See, signed in July, 1933, in Rome, which never was observed by the Nazi Party, a long and persistent persecution of the Catholic Church, its priesthood and its members, was carried out. Church Schools and educational institutions were suppressed or subjected to requirements of Nazi teaching inconsistent with the Christian faith. The property of the Church was confiscated and inspired vandalism directed against the Church property was left unpunished. Religious instruction was impeded and the exercise of religion made difficult. Priests and bishops were laid upon, riots were stimulated to harass them, and many were sent to concentration camps.

After occupation of foreign soil, these persecutions went on with greater vigour than ever. We will present to you from the files of the Vatican the earnest protests made by the Vatican to Ribbentrop summarising the persecutions to which the priesthood and the Church had been subjected in this Twentieth Century under the Nazi regime. Ribbentrop never answered them. He could not deny. He dared not justify.

I now come to “Crimes against the Jews.”

THE PRESIDENT: We shall now take our noon recess. (A recess was taken until 1400 hours.)

THE PRESIDENT: The Tribunal will adjourn for fifteen minutes at half past three and then continue until half past four.

MR. JUSTICE JACKSON: I was about to take up the “Crimes Committed Against the Jews.

Until tomorrow,

Peace,

Padre Steve

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Nuremberg at 75 Years and Trump’s GOP “An Instrument of Conspiracy and of Coercion”

Friends of Padre Steve’s World,

As I watch the actions of Donald Trump and his sycophant Administration and Party Loyalist trying to steal an election they lost and to destroy as much trust in the United States possible on their way out I am reminded of the Götterdämmerung of the Nazi regime from beginning to end. As a historian I am obligated to point out facts. Trump has pardoned war criminals, cooperated with enemies of the United States, destroyed the careers of military, intelligence, police, and other civil servants because they upheld their oaths to the Constitution. He has been complicit in the deaths of over a quarter of a million Americans from the Coronavirus 19 Pandemic, and the infections of more than 12 million more. Many of his actions in the Middle East and Africa could be considered war crimes, and he and his Party’s abandonment of Americans during the pandemic by all means fit the definition of Crimes Against Humanity. 

Before such actions, even the President Bush’s Criminal war of aggression against Iraq, the My Lai Massacre and other atrocities in Vietnam I couldn’t imagine the United States government going against the legal precedents laid down by American Supreme Court Justice Robert Jackson, the Chief American Prosecutor at the Nuremberg War Crimes trials. Justice Jackson organized the trials and served as the chief American Prosecutor at the Major War Crimes Trials. Before those Trials Jackson noted something incredibly profound, which too many Americans, regardless of their political party or ideology fail to comprehend.

“If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.” Justice Robert Jackson International Conference on Military Trials, London, 1945, Dept. of State Pub.No. 3080 (1949), p.330.

However, Jackson’s words are not our reality, Bush and Trump are not out of the ordinary when it comes to Twentieth Century and even the Obama Administration which with the barest of obfuscation continued without asking for either a declaration of war or update to the 2001 Authorization for the Use of Force against Al Qaeda. In fact all of our military actions since 2001 have been based on that that one act by Congress, disregarding any other facts regarding those that we are fighting.

But even more than his criminal actions overseas, President Trump has been acting like a dictator in the United States since he took office. He has bulldozed the Constitutional guardrails that protected our Republic since the beginning. He curtails civil rights, impoverishes Americans while further enriching the richest. But his and their greatest crimes are those in his ham fisted attempt to steal an election that he lost, to undermine trust in our system of government, provoke violence, and endanger national security by failing to facilitate a smooth transition. His actions and those of his followers remind me of Hitler’s actions in his final days to destroy a Germany that did not live up to his expectations.

That brings me to tonight’s article and my articles for much of the next week. I hate to write this but in the face of tyranny I have to tell the truth. In doing so I have to bring up the ghosts of the past which we mistakenly thought were confined to Adolf Hitler and his Nazi Party, but have found a welcoming home in Trump’s America. The fact that 73 million Americans voted for him, though President elect Biden received over 80 million votes and a massive win in electoral votes shows us all that tyrannical regimes like the Nazis are not confined to a single nation, people, place or time, but rather are far more common than we care to admit.

Now on to the story…

On November 20th, 1945 twenty Nazi leaders took their seats in the dock in Saal 6oo (Courtroom 600) at the Palace of Justice in Nuremberg. The men were among the top leaders of the Third Reich, though there were a number of conspicuous absences. Adolf Hitler, Joseph Goebbels, and Heinrich Himmler had committed suicide as the Reich collapsed. Martin Bormann was missing and was believed to have escaped. Reinhard Heydrich died of wounds caused by Czech partisans in 1942.

Now, the men who ruled over most of Europe just three years before presented a sad sight. Deprived of their opulent uniforms and power they looked terrifyingly ordinary.

At 10 A.M., Presiding Judge, Sir Geoffrey Lawrence banged his gavel on his desk looking across the courtroom at the defendants and made his opening statement, saying:

“Before the defendants in this case are called upon to make their pleas to the indictment which has been lodged against them, and in which they are charged with Crimes against Peace, War Crimes, and Crimes against Humanity, and with a Common Plan or Conspiracy to commit those Crimes… The trial which is now about to begin is unique in the history of the jurisprudence of the World and it is of supreme importance to millions of people all over the globe…”

Two years ago during I stood next to that same defendant’s dock where Hermann Goering and nineteen other men sat. Goering had been Hitler’s number two man and designated successor until the last days of the war. The others in the dock with Goering were Governor General of Poland, Dr. Hans Frank; Minister of the Interior and Reich Protector of Bohemia-Moravia, Dr.Wilhelm Frick; General Alfred Jodl, Chief of Staff of the Oberkommando Der Wehrmacht; Field Marshal Wilhelm Keitel, Chief of the Oberkommando der Wehrmacht; Foreign Minister Joachim von Ribbentrop; Gauleiter of Thuringia, and head of Slave Labor programs, Fritz Sauckel; Dr. Arthur Rosenberg, Reich Minister for the Occupied Easter Territories, Dr. Arthur Seyess-Inquart, Reichskommissar of occupied Netherlands; Julius Streicher, Gauleiter of Franconia and publisher of the Nazi propaganda paper, Der Sturmer; Commander of the German Navy and Hitler’s successor, Grand Admiral Karl Donitz; Minister of Economics, Dr. Walter Funk; Deputy Fuhrer Rudolf Hess;;Foreign Minister, Baron Konstantin von Neurath; the First Commander of the German Navy under Hitler, Grand Admiral Erich Raeder; Head of the Hitler Youth, and Gauleiter of Vienna, Baldur von Schirach; Armaments Minister, Albert Speer; Hans Fritzsche of the Propaganda Ministry, Dr. Hjalmar Schlacht pre-war head of the Reichsbank, and Economics Minister, Franz von Papen, who also had served as Vice Chancellor, Ambassador to Austria and later Turkey.

Also indicted but not in the dock, were SS Obergrüppenfuhrer and Chief of the Reich Security Main Office, Ernst Kaltenbrunner, who was recovering from a mild stroke; Gustav Krupp von Bohlen und Halbach, Head of the Armaments and heavy industry conglomerate Friedrich Krupp AG, and Chief of The Nazi Party Chancellery Martin Bormann. Robert Ley, leader of The German Labor Front committed suicide in his cell before the trial began. Krupp was too sick and senile to go to trial.

On the second day of trial Associate Justice of the United States Supreme Court, Robert Jackson who was serving as Chief Prosecutor for the United States gave one of the most powerful opening statements in any trial. He said:

May it please Your Honour, the privilege of opening the first trial in history for crimes against the peace of the world imposes a grave responsibility. The wrongs which we seek to condemn and punish have been so calculated, so malignant and so devastating, that civilisation cannot tolerate their being ignored, because it cannot survive their being repeated. That four great nations, flushed with victory and stung with injury, stay the hands of vengeance and voluntarily submit their captive enemies to the judgement of the law, is one of the most significant tributes that Power ever has paid to Reason.

This Tribunal, while it is novel and experimental, is not the product of abstract speculations nor is it created to vindicate legalistic theories. This inquest represents the practical effort of four of the most mighty of nations, with the support of seventeen more, to utilise International Law to meet the greatest menace of our times -aggressive war. The common sense of mankind demands that law shall not stop with the punishment of petty crimes by little people. It must also reach men who possess themselves of great power and make deliberate and concerted use of it to set in motion evils which leave no home in the world untouched. It is a cause of that magnitude that the United Nations will lay before Your Honour.

In the prisoners’ dock sit twenty-odd broken men. Reproached by the humiliation of those they have led, almost as bitterly as by the desolation of those they have attacked, their personal capacity for evil is forever past. It is hard now to perceive in these miserable men as captives the power by which as Nazi leaders they once dominated much of the world and terrified most of it. Merely as individuals their fate is of little consequence to the world.

What makes this inquest significant is that these prisoners represent sinister influences that will lurk in the world long after their bodies have returned to dust. We will show them to be living symbols of racial hatreds, of terrorism and violence, and of the arrogance and cruelty of power. They are symbols of fierce nationalism and of militarism, of intrigue and war-making which embroiled Europe, generation after generation, crushing its manhood, destroying its homes, and impoverishing its life. They have so identified themselves with the philosophies they conceived, and with the forces they have directed, that tenderness to them is a victory and an encouragement to all the evils which attached to their names. Civilisation can afford no compromise with the forces which would gain renewed strength if we deal ambiguously or with the men in whom those forces now precariously survive.

What these men stand for we will patiently and temperately disclose. We will give you undeniable proofs of incredible events. The catalogue of crimes will omit nothing that could be conceived by a pathological pride, cruelty, and lust for power. These men created in Germany, under the “Fuehrerprinzip,” a National Socialist despotism equalled only by the dynasties of the ancient East. They took from the German people all those dignities and freedoms that we hold natural and inalienable rights in every human being, The people were compensated by inflaming and gratifying hatreds towards those who were marked as “scapegoats.” Against their opponents, including Jews, Catholics, and free labour the Nazis directed such a campaign of arrogance, brutality, and annihilation as the world has not witnessed since the pre-Christian ages. They excited the German ambition to be a “master race,” which of course implies serfdom others. They led their people on a mad gamble for domination. They diverted social energies and resources to the creation of what they thought to be an invincible war machine. They overran their neighbours. To sustain the “master race” in its war-making, they enslaved millions of human beings and brought them into Germany, where these hapless creatures now wander as “displaced persons.” At length, bestiality and bad faith reached such excess that they aroused the sleeping strength of imperilled Civilisation. Its united efforts have ground the German war machine to fragments. But the struggle has left Europe a liberated yet prostrate land where a demoralised society struggles to survive. These are the fruits of the sinister forces that sit with these defendants in the prisoners’ dock.

In justice to the nations and the men associated in this prosecution, I must remind you of certain difficulties which may leave their mark on this case. Never before in legal history has an effort been made to bring within the scope of a single litigation the developments of a decade covering a whole continent, and involving a score of nations, countless individuals, and innumerable events. Despite the magnitude of the task, the world has demanded immediate action. This demand has had to be met, though perhaps at the cost of finished craftsmanship. In my country, established courts, following familiar procedures, applying well-thumbed precedents, and dealing with the legal consequences of local and limited events, seldom commence a trial within a year of the event in litigation. Yet less than eight months ago to-day the courtroom in which you sit was an enemy fortress in the hands of German S.S. troops. Less than eight months ago nearly all our witnesses and documents were in enemy hands. The law had not been codified, no procedures had been established, no tribunal was in existence, no usable courthouse stood here, none of the hundreds of tons of official German documents had been examined, no prosecuting staff had been assembled, nearly all of the present defendants were at large, and the four prosecuting powers had not yet joined in common cause to try them. I should be the last to deny that the case may well suffer from incomplete researches, and quite likely will not be the example of professional work which any of the prosecuting nations would normally wish to sponsor. It is, however, a completely adequate case to the judgement we shall ask you to render, and its full development we shall be obliged to leave to historians.

Before I discuss particulars of evidence, some general considerations which may affect the credit of this trial in the eyes of the world should be candidly faced. There is a dramatic disparity between the circumstances of the accusers and of the accused that might discredit our work if we should falter, in even minor matters, in being fair and temperate.

Unfortunately, the nature of these crimes is such that both prosecution and judgement must be by victor nations over vanquished foes. The world-wide scope of the aggressions carried out by these men has left but few real neutrals. Either the victors must judge the vanquished or we must leave the defeated to judge themselves. After the First World War we learned the futility of the latter course. The former high station of these defendants, the notoriety of their acts, and the adaptability of their conduct to provoke retaliation make it hard to distinguish between the demand for a just and measured retribution, and the unthinking cry for vengeance which arises from the anguish of war. It is our task, so far as is humanly possible, to draw the line between the two. We must never forget that the record on which we judge these defendants today is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our lips as well. We must summon such detachment and intellectual integrity to our task that this trial will commend itself to posterity as fulfilling humanity’s aspirations to do justice.

At the very outset, let us dispose of the contention that to put these men to trial is to do them an injustice entitling them to some special consideration. These defendants may be hard pressed but they are not ill used. Let us see what alternative they would have to being tried.

More than a majority of these prisoners surrendered to or were tracked down by the forces of the United States. Could they expect us to make American custody a shelter for our enemies against the just wrath of our Allies? Did we spend American lives to capture them only to save them from punishment? Under the principles of the Moscow Declaration, those suspected war criminals who are not to be tried internationally must be turned over to individual governments for trial at the scene of their outrages. Many less responsible and less culpable American-held prisoners have been and will continue to be turned over to other United Nations for local trial. If these defendants should succeed, for any reason, in escaping the condemnation of this Tribunal, or if they obstruct or abort this trial, those who are American-held prisoners will be delivered up to our continental Allies. For these defendants, however, we have set up an International Tribunal, and have undertaken the burden of participating in a complicated effort to give them fair and dispassionate hearings. That is the best known protection to any man with a defence worthy of being heard. If these men are the first war leaders of a defeated nation to be prosecuted in the name of the law, they are also the first to be given a chance to plead for their lives in the name of the law. Realistically, the Charter of this Tribunal, which gives them a hearing, is also the source of their only hope. It may be that these men of troubled conscience, whose only wish is that the world forget them, do not regard a trial as a favour. But they do have a fair opportunity to defend themselves -a favour which, when in power, they rarely extended even to their fellow countrymen. Despite the fact that public opinion already condemns their acts, we agree that here they must be given a presumption of innocence, and we accept the burden of proving criminal acts and the responsibility of these defendants for their commission.

When I say that we do not ask for convictions unless we prove crime, I do not mean mere technical or incidental transgression of international conventions. We charge guilt on planned and intended conduct that involves moral as well as legal wrong. And we do not mean conduct that is a natural and human, even if illegal, cutting of corners, such as many of us might well have committed had we been in the defendants’ positions. It is not because they yielded to the normal frailties of human beings that we accuse them. It is their abnormal and inhuman conduct which brings them to this bar.

We will not ask you to convict these men on the testimony of their foes. There is no count in the Indictment that cannot be proved by books and records. The Germans were always meticulous record keepers, and these defendants had their share of the Teutonic passion for thoroughness in putting things on paper. Nor were they without vanity. They arranged frequently to be photographed in action. We will show you their own films. You will see their own conduct and hear their own voices as these defendants re-enact for you, from the screen, some of the events in the course of the conspiracy.

We would also make clear that we have no purpose to incriminate the whole German people. We know that the Nazi Party was not put in power by a majority of the German vote. We know it came to power by an evil alliance We would also make clear that we have no purpose to incriminate the whole German people. We know that the Nazi Party was not put in power by a majority of the German vote. We know it came to power by an evil alliance between the most extreme of the Nazi revolutionists, the most unrestrained of the German reactionaries, and the most aggressive of the German militarists. If the German populace had willingly accepted the Nazi programme, no Storm-troopers would have been needed in the early days of the Party, and there would have been no need for concentration camps or the Gestapo, both of which institutions were inaugurated as soon as the Nazis gained control of the German state. Only after these lawless innovations proved successful at home were they taken abroad.

The German people should know by now that the people of the United States hold them in no fear, and in no hate. It is true that the Germans have taught us the horrors of modern warfare, but the ruin that lies from the Rhine to the Danube shows that we, like our Allies, have not been dull pupils. If we are not awed German fortitude and proficiency in war, and if we are not persuaded of their political maturity, we do respect their skill in the arts of peace, their technical competence, and the sober, industrious and self-disciplined character of the masses of the German people. In 1933, we saw the German people recovering prestige in the commercial, industrial and artistic world after the set-back of the last war. We beheld their progress neither with envy nor malice. The Nazi regime interrupted this advance. The recoil of the Nazi aggression has left Germany in ruins. The Nazi readiness to pledge the German word without hesitation and to break it without shame has fastened upon German diplomacy a reputation for duplicity that will handicap it for years. Nazi arrogance has made the boast of the “master race” a taunt that will be thrown at Germans the world over for generations. The Nazi nightmare has given the German name a new and sinister significance throughout the world, which will retard Germany a century. The German, no less than the non-German world, has accounts to settle with these defendants.

The fact of the war and the course of the war, which is the central theme of our case, is history. From September 1st, 1939, when the German armies crossed the Polish frontier, until September, 1942, when they met epic resistance at Stalingrad, German arms seemed invincible. Denmark and Norway, the Netherlands and France, Belgium and Luxembourg, the Balkans and Africa, Poland and the Baltic States, and parts of Russia, all had, been overrun and conquered by swift, powerful, well-aimed blows. That attack on the peace of the world is the crime against international society which brings into international cognizance crimes in its aid and preparation which otherwise might be only internal concerns. It was aggressive war, which the nations of the world had renounced. It was war in violation of treaties, by which the peace of the world was sought to be safeguarded.

This war did not just happen -it was planned and prepared for over a long period of time and with no small skill and cunning. The world has perhaps never seen such a concentration and stimulation of the energies of any people as that which enabled Germany, twenty years after it was defeated, disarmed and dismembered, to come so near carrying out its plan to dominate Europe. Whatever else we may say of those who were the authors of this war, they did achieve a stupendous work in organisation, and our first task is to examine the means by which these defendants and their fellow conspirators prepared and incited Germany to go to war.

In general, our case will disclose these defendants all uniting at some time with the Nazi Party in a plan which they well knew could be accomplished only by an outbreak of war in Europe. Their seizure of the German State, their subjugation of the German people, their terrorism and extermination of dissident elements, their planning and waging of war, their calculated and planned ruthlessness in the conduct of warfare, their deliberate and planned criminality toward conquered peoples -all these are ends for which they acted in concert; and all these are phases of the conspiracy, a conspiracy which reached one goal only to set out for another and more ambitious one. We shall also trace for you the intricate web of organisations which these men formed and utilised to accomplish these ends. We will show how the entire structure of offices and officials was dedicated to the criminal purposes and committed to the use of the criminal methods planned by these defendants and their co-conspirators, many of whom war and suicide have put beyond reach.

It is my purpose to open the case, particularly under Count One of the Indictment, and to deal with the Common plan or Conspiracy to achieve ends possible only by resort to Crimes against Peace, War Crimes, and Crimes against Humanity. My emphasis will not be on individual perversions which may have occurred independently of any central plan. One of the dangers ever present in this trial is that it may be protracted by details of particular wrongs and that we will become lost in a “wilderness of single instances.” Nor will I now dwell on the activity of individual defendants except as it may contribute to exposition of the Common Plan.

The case as presented by the United States will be concerned with the brains and authority behind all the crimes. These defendants were men of a station and rank which does not soil its own hands with blood. They were men who knew how to use lesser folk as tools. We want to reach the planners and designers, the inciters and leaders without whose evil architecture, the world would not have been for so long scourged with the violence and lawlessness, and racked with the agonies and convulsions, of this terrible war.

I shall first take up the lawless road by which these men came to possess the power which they have so used. The chief instrumentality of cohesion in plan and action was the National Socialist German Workers Party, known as the Nazi Party. Some of the defendants were with it from the beginning. Others joined only after success seemed to have validated its lawlessness or power had invested it with immunity from the processes of the law. Adolf Hitler became its supreme leader or “Fuehrer” in 1921.

On the 24th February, 1920, at Munich, it publicly had proclaimed its programme (1708-PS). Some of its purposes would commend themselves to many good citizens, such as the demands for “profit-sharing in the great industries,” “generous development of provision for old age,” “a land reform suitable to our national requirements,” and “raising the standard of health.” It also made a strong appeal to that sort of nationalism which in ourselves we call patriotism and in our rivals chauvinism. It demanded “equality of rights for the German people in its dealing with other nations and the evolution of the peace treaties of Versailles and St. Germain.” It demanded the “union of all Germans on the basis of the right of self-determination of peoples to form a Great Germany.” It demanded “land and territory (colonies) for the enrichment of our people and the settlement of our surplus population.” All of these, of course, were legitimate objectives if they were to be attained without resort to aggressive warfare.

The Nazi Party from its inception, however, contemplated war. It demanded the “abolition of mercenary troops and the formation of a national army.” It proclaimed that “in view of the enormous sacrifice of life and property demanded of a nation by every war, personal enrichment through war must be regarded as a crime against the nation. We demand, therefore, ruthless confiscation of all war profits.” I do not criticise this policy. Indeed, I wish it were universal. I merely wish to point out that in a time of peace, war was a preoccupation of the Party, and it started the work of making war less offensive to the masses of the people. With this it combined a programme of physical training and sports for youth that became, as we shall see, the cloak for a secret programme of military training.

The Nazi Party declaration also committed its members to an anti-Semitic programme. It declared that no Jew or any person of non-German blood could be a member of the nation. Such persons were to be disfranchised, disqualified for office, subject to the alien laws, and entitled to nourishment only after the German population had first been provided for. All who had entered Germany after 2nd August, 1914, were to be required forthwith to depart, and all non-German immigration was to be prohibited.

The Party also avowed, even in those early days, an authoritarian and totalitarian programme for Germany. It demanded creation of a strong central power with unconditional authority, nationalisation of all businesses which had been “amalgamated,” and a “reconstruction” of the national system of education, which “must aim at teaching the pupil to understand the idea of the State (state sociology).” Its hostility to civil liberties and freedom of the Press was distinctly announced in these words: “It must be forbidden to publish newspapers which do not conduce to the national welfare. We demand the legal prosecution of all tendencies in art or literature of a kind likely to disintegrate our life as a nation, and the suppression of institutions which might militate against the above requirements.”

The forecast of religious persecution was clothed in the language of religious liberty, for the Nazi programme stated “We demand liberty for all religious denominations in the State.” But it continued with the limitation, “so far as they are not a danger to it and do not militate against the morality and moral sense of the German race.”

The Party programme foreshadowed the campaign of terrorism. It announced, “we demand ruthless war upon those whose activities are injurious to the common interests,” and it demanded that such offences be punished with death.

It is significant that the leaders of this Party interpreted this programme as a belligerent one, certain to precipitate conflict. The Party platform concluded:

“The leaders of the Party swear to proceed regardless of consequences -if necessary, at the sacrifice of their lives -toward the fulfilment of the foregoing points.”

It is this Leadership Corps of the Party, not its entire membership, that stands accused before you as a criminal Organisation.

We have not sought to include every person who may, at some time, have supported the Nazi Party, but only the leadership core which pledged itself to achieve its ends at the risk of their lives.

Let us now see how the leaders of the Party fulfilled their pledge to proceed regardless of consequences. Obviously, their foreign objectives, which were nothing less than to undo international treaties and to wrest territory from foreign control, as well as most of their internal programme, could be accomplished only by possession of the machinery of the German State. The first effort, accordingly, was to subvert the Weimar Republic by violent revolution. An abortive “putsch” at Munich in 1921 landed many of them in jail. A period of meditation which followed produced “Mein Kampf,” henceforth the source of law for the Party workers and a source of considerable revenue to its supreme leader. The Nazi plans for the violent overthrow of the feeble Republic then turned to plans for its capture.

No greater mistake could be made than to think of the Nazi Party in terms of the loose organisations which we of the Western world call “political parties.” In discipline, structure, and method the Nazi Party was not adapted to the democratic process of persuasion. It was an instrument of conspiracy and of coercion. The Party was not organised to take over power in the German State by winning the support of a majority of the German people; it was organised to seize power in defiance of the will of the people.

The Nazi Party, under the “Fuehrerprinzip,” was bound by an iron discipline into a pyramid, with the Fuehrer, Adolf Hitler, at the top and broadening into a numerous Leadership Corps, composed of overlords of a very extensive Party membership at the base. By no means all of those who may have supported the movement in one way or another were actual Party members. The membership took the Party oath which in effect amounted to an abdication of personal intelligence and moral responsibility. This was the oath: “I vow inviolable fidelity to Adolf Hitler; I vow absolute obedience to him and to the leaders he designates for me.” The membership in daily practise followed its leaders with an idolatry and self-surrender more Oriental than Western. We will not be obliged to guess as to the motives or goal of the Nazi Party. The immediate aim was to undermine the Weimar Republic. The order to all Party members to work to that end was given in a letter from Hitler of 24th August, 1931, to Rosenberg, of which we will produce the original.

Hitler wrote:-“I am just reading in the Volkischer Beobachter, edition 235/ 236 page 1, an article entitled ‘Does Wirth intend to come over?’ The tendency of the article is to prevent on our part a crumbling away from the present form of government. I myself am travelling all over Germany to achieve exactly the opposite. May I therefore ask that my own paper will not stab me in the back with tactically unwise articles …” (047-PS)

Captured film enables us to present the defendant, Alfred Rosenberg, who from the screen will himself tell you the story. The S.A. practised violent interference with the elections. We have here the reports of the S.D., describing in detail how its members later violated the secrecy of elections in order to identify those who opposed them. One of the reports makes this explanation:

“The control was effected in the following way: some members of the election-committee marked all the ballot-papers with numbers. During the ballot itself, a voters list was made up. The ballot-papers were handed out in numerical order, therefore it was possible afterwards with the aid of this list to find out the persons who cast no-votes or invalid votes. One sample of these marked ballot-papers is enclosed. The marking was done on the back of the ballot-papers with skimmed-milk.” (R-142)

The Party activity, in addition to all the familiar forms of political contest, took on the aspect of a rehearsal for warfare. It utilised a Party formation, “Die Sturmabteilungen,” commonly known as the S.A. This was a voluntary organisation of youthful and fanatical Nazis trained for the use of violence under semi-military discipline. Its members began by acting as bodyguards for the Nazi leaders and rapidly expanded from defensive to offensive tactics. They became disciplined ruffians for breaking up opposition meetings and the terrorisation of adversaries. They boasted that their task was to make the Nazi Party “master of the streets.” The S.A. was the parent organisation of a number of others. Its offspring included “Die Schutzstaffeln” commonly known as the S.S., formed in 1925, and distinguished for the fanaticism and cruelty of its members; “Der Sicherheitsdienst,” known as the S.D.; and “Die Geheime Staatspolizei,” the Secret State Police, the infamous Gestapo formed in 1934 immediately after Nazi accession to power.

A glance at a chart of the Party Organisation is enough to show how completely it differed from the political parties we know. It had its own source of law in the Fuehrer and it had its own courts and its own police. The conspirators set up a government within the Party to exercise outside the law every sanction that any legitimate State could exercise and many that it could not. Its chain of command was military, and its formations were martial in name as well as in function. They were composed of battalions set up to bear arms under military discipline, motorised corps, flying corps, and the infamous “Death Head Corps,” which was not misnamed. The Party had its own secret police, its security units, its intelligence and espionage division, its raiding forces, and its youth forces. It established elaborate administrative mechanisms to identify and liquidate spies and informers, to manage concentration camps, to operate death vans, and to finance the whole movement. Through concentric circles of authority, the Nazi Party, as its leadership later boasted, eventually organised and dominated every phase of German life -but not until they had waged a bitter internal struggle characterised by brutal criminality. In preparation for this phase of their struggle they created a party police system. This became the pattern and the instrument of the police State, which was the first goal in their plan.

The Party formation, including the Leadership Corps of the Party, the S.D., the S.S. the S.A. and the infamous Secret State Police, or Gestapo -all these stand accused before you as criminal organizations, organizations which, as we will prove from their own documents, were recruited only from the recklessly devoted Nazis, ready in conviction and temperament to do the most violent of deeds to advance the common programme. They terrorised and silenced democratic opposition and were able at length to combine with political opportunists, militarists, industrialists, monarchists and political reactionaries.

A glance at a chart of the Party Organisation is enough to show how completely it differed from the political parties we know. It had its own source of law in the Fuehrer and it had its own courts and its own police. The conspirators set up a government within the Party to exercise outside the law every sanction that any legitimate State could exercise and many that it could not. Its chain of command was military, and its formations were martial in name as well as in function. They were composed of battalions set up to bear arms under military discipline, motorised corps, flying corps, and the infamous “Death Head Corps,” which was not misnamed. The Party had its own secret police, its security units, its intelligence and espionage division, its raiding forces, and its youth forces. It established elaborate administrative mechanisms to identify and liquidate spies and informers, to manage concentration camps, to operate death vans, and to finance the whole movement. Through concentric circles of authority, the Nazi Party, as its leadership later boasted, eventually organised and dominated every phase of German life -but not until they had waged a bitter internal struggle characterised by brutal criminality. In preparation for this phase of their struggle they created a party police system. This became the pattern and the instrument of the police State, which was the first goal in their plan. The Party formation, including the Leadership Corps of the Party, the S.D., the S.S. the S.A. and the infamous Secret State Police, or Gestapo -all these stand accused before you as criminal organisations; organisations which, as we will prove from their own documents, were recruited only from the recklessly devoted Nazis, ready in conviction and temperament to do the most violent of deeds to advance the common programme. They terrorised and silenced democratic opposition and were able at length to combine with political opportunists, militarists, industrialists, monarchists, and political reactionaries.

On January 30,1933 Adolf Hitler became Chancellor of the German Republic. An evil combination, represented in the prisoner’s dock by its most eminent survivors, had succeeded in possessing itself of the machinery of the German Government, a facade behind which they thenceforth would operate to make reality of the war of conquest they so long had plotted. The conspiracy had passed into its second phase.

We shall now consider the steps, which embraced the most hideous of crimes against humanity, to which the conspirators resorted In perfecting control of the German State and in preparing Germany for the aggressive war indispensable to their ends.

The Germans of the 1920′ s were a frustrated and baffled people as a result of defeat and the disintegration of their traditional government. The democratic elements, which were trying to govern Germany through the new and feeble machinery of the Weimar Republic, got inadequate support from the democratic forces of the rest of the world. It is not to be denied that Germany, when world-wide depression added to her other problems, was faced with urgent intricate pressures in her economic and political life, which necessitated bold measures.

The internal measures by which a nation attempts to solve its problems are ordinarily of no concern to other nations. But the Nazi programme from the first was recognised as a desperate programme for a people still suffering the effects of an unsuccessful war. The Nazi policy ends recognised as attainable only by a renewal and more successful outcome of war. The conspirators’ answer to Germany’s problems was nothing less than to plot the the regaining of territories in the First World War and the acquisition of other fertile lands of Eastern Europe by dispossessing or exterminating those who inhabited them. They also contemplated destroying or permanently weakening all other neighbouring peoples so as to win virtual domination over Europe and probably over the world. The precise limits of their ambition we need not define, for it was and is as illegal to wage aggressive war for small stakes as for large ones.

We find at this period two governments in Germany-the real and the ostensible. The form of the German Republic was maintained for a time, and it was the outward and visible government. But the real authority in the State was outside of and above the law and rested in the Leadership Corps of the Nazi Party.

On February 27, 1933, less than a month after Hitler became Chancellor, the Reichstag building was set on fire. The burning of this symbol of free parliamentary government was so providential for the Nazis that it was believed they staged the fire themselves. Certainly when we contemplate their known crimes, we cannot believe they would shrink from mere arson. It is not necessary, however, to resolve the controversy as to who set the fire. The significant point is in the use that was made of the fire and of the state of public mind it produced. The Nazis immediately accused the Communist Party of instigating and committing the crime, and turned every effort to portray this single act of arson as the beginning of a Communist revolution. Then, taking advantage of the hysteria, the Nazis met this phantom revolution with a real one. In the following December, the German Supreme Court, with commendable courage and independence, acquitted the accused Communists, but it was too late to influence the tragic course of events which the Nazi conspirators had set rushing forward.

Hitler, on the morning after the fire, obtained from the aged and ailing President von Hindenburg a Presidential decree suspending the extensive guarantees of individual liberty contained in the constitution of the Weimar Republic. The decree provided that “Sections 114, 115, 117, 118, 123, 124, and 153 of the constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the Press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications and warrants for house searches, orders for confiscation as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.” (1390-PS)

The extent of the restriction on personal liberty under the decree of 28th February, 1933, may be understood by reference to the rights under the Weimar Constitution which were suspended:

Article 114. The freedom of the person is inviolable. Curtailment or deprivation of personal freedom by a public authority is only permissible on a legal basis. Persons who have been deprived of their personal freedom must be informed at the latest on the following day by whose authority and for what reasons the deprivation of freedom was ordered. Opportunity shall be afforded them without delay of submitting objection to their deprivation of freedom.

Article 115. Every German’s home is his sanctuary and is inviolable. Exceptions may only be made as provided by law.

Article 117. The secrecy of letters and all postal, telegraphic and telephone communications is inviolable. Exceptions are inadmissible except by Reich law.

Article 118. Every German has the right, within the limits of the general laws, to express his opinions freely in speech, in writing, in print, in picture form or in any other way. No condition of work or employment may detract from this right and no disadvantage may accrue to him from any person making use of this right.

Article 123. All Germans have the right to assemble peacefully and unarmed without giving notice and without special permission. A Reich law may make previous notification obligatory for assemblies in the open air, and may prohibit them in the case of immediate danger to the public safety.

Article 124. All Germans have the right to form associations or societies for purposes not contrary to criminal law. This right may not be curtailed by preventive measures. The same provisions apply to religious associations and societies. Every association may become incorporated (Erwerb der Rechtsfaehigkeit) according to the provisions of the civil law. The right may not be refused to any association on the grounds that its aims are political, social-political or religious.

Article 153. Property is guaranteed by the Constitution. Its content and limits are defined by the laws. Expropriation can only take place for the public benefitand on a legal basis. Adequate compensation shall be granted, unless a Reich law orders otherwise. In the case of dispute concerning the matter to the ordinary civil courts, unless Reich laws determine otherwise. Compensation must be paid if the Reich expropriates property belonging to the Lands, Communes, or public utility associations. Property carries obligations. Its use shall also serve the common good.” (2050-PS)

It must be said, in fairness to von Hindenburg, that the Constitution itself authorised him temporarily to suspend these fundamental rights “if the public safety and order in the German Reich are considerably disturbed or endangered.” It must also be acknowledged that President Ebert previously had invoked this power.

But the National Socialist coup was made possible because the terms of the Hitler-Hindenburg decree departed from all previous ones in which the power of suspension had been invoked. Whenever President Ebert had suspended constitutional guarantees of individual rights, his decree had expressly revived the Protective Custody Act adopted by the Reichstag in 1916 during the previous war. This Act guaranteed a judicial hearing within twenty-four hours of arrest, gave a right to have counsel and to inspect all relevant records, provided for appeal, and authorised compensation from Treasury funds for erroneous arrests.

The Hitler-Hindenburg decree of 28th February, 1933, contained no such safeguards. The omission may not have been noted by von Hindenburg. Certainly he did not appreciate its effect. It left the Nazi police and party formations, already existing and functioning under Hitler, completely unrestrained and irresponsible. Secret arrest and indefinite detention without charges, without evidence, without hearing, without counsel, became the method of inflicting inhuman punishment on any whom the Nazi police suspected or disliked. No court could issue an injunction, or writ of habeas corpus, or certiorari. The German people were in the hands of the police, the police were in the hands of the Nazi Party, and the Party was in the hands of a ring of evil men, of whom the defendants here before you are surviving and representative leaders.

The Nazi conspiracy, as we shall show, always contemplated not merely overcoming current opposition, but exterminating elements which could not be reconciled with its philosophy of the State. It not only sought to establish the Nazi “new order” but to secure its way, as Hitler predicted, “for a thousand years.” Nazis were never in doubt or disagreement as to what those dissident elements were. They were concisely described by one of them, Col. General von Fritzsche, on 11th December, 1938, in these words:

“Shortly after the first war I came to the conclusion that we should have to be victorious in three battles if Germany were to become powerful again: (1) The battle against the working class -Hitler has won this; (2) Against the Catholic Church, perhaps better expressed against Ultramontanism (3) Against the Jews.” (1947-PS)

The warfare against these elements was continuous. The battle in Germany was but a practice skirmish for the world-wide drive against them. We have here in point of geography and of time two groups of crimes against humanity -one within Germany before and during the war, the other in occupied territory during the war. But the two are not separated in Nazi planning. They are a continuous unfolding of the Nazi plan to exterminate peoples and institutions which might serve as a focus or instrument for overturning their “new world order” at any time. We consider these Crimes against Humanity in this address as manifestations of the one Nazi Plan and discuss them according to General von Fritsche’s classification…

Jackson would continue his statement and address the battle against the Working Class, the battle against the churches, the crimes committed against the Jews, crimes in the conduct of war. I will deal with each of these In later articles.

Jackson concluded his opening statement with this words, and they are important, not only to the Nuremberg Process, but in our day today:

While the defendants and the prosecutors stand before you as individuals, it is not the triumph of either group alone that is committed to your judgement. Above all personalities there are anonymous and impersonal forces whose conflict makes up much of human history. It is yours to throw the strength of the law behind either the one or the other of these forces for at least another generation. What are the forces that are contending before you?

No charity can disguise the fact that the forces which these defendants represent, the forces that would advantage and delight in their acquittal, are the darkest and most sinister forces in society-dictatorship and oppression, malevolence and passion, militarism and lawlessness. By their fruits we best know them. Their acts have bathed the world in blood and set civilisation back a century. They have subjected their European neighbours to every outrage and torture, every spoliation and deprivation that insolence, cruelty, and greed could inflict. They have brought the German people to the lowest pitch of wretchedness, from which they can entertain no hope of early deliverance. They have stirred hatreds and incited domestic violence on every continent. There are the things that stand in the dock shoulder to shoulder with these prisoners.

The real complaining party at your bar is Civilization. In all our countries it is still a struggling and imperfect thing. It does not plead that the United States, or any other country, has been blameless of the conditions which made the German people easy victims to the blandishments and intimidations of the Nazi conspirators.

But it points to the dreadful sequence of aggression and crimes I have recited, it points to the weariness of flesh, the exhaustion of resources, and the destruction of all that was beautiful or useful in so much of the world, and to greater potentialities for destruction in the days to come. It is not necessary among the ruins of this ancient and beautiful city with untold members of its civilian inhabitants still buried in its rubble, to argue the proposition that to start or wage an aggressive war has the moral qualities of the worst of crimes. The refuge of the defendants can be only their hope that International Law will lag so far behind the moral sense of mankind that conduct which is crime in the moral sense must be regarded as innocent in law.

Civilisation asks whether law is so laggard as to be utterly helpless to deal with crimes of this magnitude by criminals of this order of importance. It does not expect that you can make war impossible. It does expect that your juridical action will put the forces of International Law, its prospects, its prohibitions and, most of all, its sanctions, on the side of peace, so that men and women of good will, in all countries, may have “leave to live by no man’s leave, underneath the law.”

Following the trials of the major war criminals, eleven more trials were held, including the Doctor’s Trial, a General’s Trial, also known as the Hostage Trial, and the Einsatzgruppen Trial, as well as others.

To stand in the courtroom where such evidence was presented and powerful testimony given was humbling. To see where learned men, powerful, and even respected men, who had so willingly sacrificed any trace of personal honor and morality, men who aided and abetted a regime which committed the most heinous crimes committed by a civilized “Christian” nation in history left me silent. I have studied these trials since I was in college over 35 years ago. My primary professor, Dr. Helmut Haeussler was an interpreter at the trials.

Since that time I have continued to study them and today as I see the rise of Right Wing movements in Europe, as well as the United States, movements which have at their core many of the same beliefs and principles held by Hitler, the Nazi Party, and the men who stood trial at Nuremberg I find myself frightened.

This is especially so in the United States where Donald Trump has made repeated policy statements limiting civil rights and freedom of speech, limiting the role of the courts, curtailing freedom of the press, and favoring one religion above others. He has curtailed the legal and civil rights of whole groups of people, expelled millions of people, and banned whole groups of other people entry into the country. He has openly supported police attacks on peaceful protestors. He promised to rid the government of his opponents. He fires career intelligence officials, diplomats, military officers, and believes that the military should use methods that are condemned as war crimes, war crimes such as were prosecuted by the United States and her Allies at Nuremberg, even pardoning convicted war criminals.

To make matters more frightening, many of Trump’s supporters see no problem with this and are often shown on video threatening opponents, advocating even more extreme and violent measures than Trump himself. They justify their proposed polices by saying that these measures are to “protect the country,” and to Make America Great Again.” 

But at what price?

Even now Trump and his cabal of jackbooted thieves, racists, theocrats, anti-democracy, Constitution and Declaration of Independence hating, traitors who cooperate with enemies of the United States to remain in power. Every fiber of my being as a Christian and career military officer committed to the Constitution and the highest ideals of our country cries out against their actions because they are traitors and accomplices of a yet to be indicted criminal gang occupying the White House and denying every meaningful part of the Christian faith they so loudly profess and try to force in others. Their strategy now is scorched earth, to destroy everything that made this country special and the envy of most of the world.

In Judgement at Nuremberg, the film version of the Judges’ Trial, Spencer Tracy played Judge Dan Heywood. In the scene at which the verdicts were read, he gave this speech, some of which echoed the words of Justice Robert Jackson’s closing argument in the Major War Criminal Trial.

“Janning, to be sure, is a tragic figure. We believe he loathed the evil he did. But compassion for the present torture of his soul must not beget forgetfulness of the torture and the death of millions by the Government of which he was a part. Janning’s record and his fate illuminate the most shattering truth that has emerged from this trial: If he and all of the other defendants had been degraded perverts, if all of the leaders of the Third Reich had been sadistic monsters and maniacs, then these events would have no more moral significance than an earthquake, or any other natural catastrophe.

But this trial has shown that under a national crisis, ordinary – even able and extraordinary – men can delude themselves into the commission of crimes so vast and heinous that they beggar the imagination. No one who has sat through the trial can ever forget them: men sterilized because of political belief; a mockery made of friendship and faith; the murder of children. How easily it can happen. There are those in our own country too who today speak of the “protection of country” – of ‘survival’. A decision must be made in the life of every nation at the very moment when the grasp of the enemy is at its throat. Then, it seems that the only way to survive is to use the means of the enemy, to rest survival upon what is expedient – to look the other way. Well, the answer to that is ‘survival as what’? A country isn’t a rock. It’s not an extension of one’s self. It’s what it stands for. It’s what it stands for when standing for something is the most difficult! Before the people of the world, let it now be noted that here, in our decision, this is what we stand for: justice, truth, and the value of a single human being.”

A nation is what it stands for. The ideals that have marked the American experiment have never been perfectly practiced by the United States, but they are still the hallmark of the last and greatest hope of civilization. They are the ideals which lead people around the world to want to become Americans, they are the ideals which sustain us. But what Trump and his followers say is that they are not important, and in fact should be limited or abrogated entirely. But this is the way of expediency, and the end of the American experiment.

Standing beside the dock at Nuremberg I was humbled by the fact that I was where such history had been made, and at the same time I was frightened for my country and the world. This is important because the United States is not immune from going down the path of the Third Reich. Historian Timothy Snyder wrote:

“The European history of the twentieth century shows us that societies can break, democracies can fall, ethics can collapse, and ordinary men can find themselves standing over death pits with guns in their hands. It would serve us well today to understand why.”

The Nuremberg trials help us to understand why. We cannot forget them.

Until tomorrow,

Peace

Padre Steve+

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The Four Horseman of the ?@#!Show

?@#!Show is easier to spell. Something so relevant from Michael Fry and the Over the Hedge Crew.

The Four Horseman of the ?@#!Show

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♫ Wonderful World ♫

I nice post from Jill Dennison on Louis Armstrong and his masterpiece “Wonderful World.”

When you hear the song title “Wonderful World”, you likely first think of the immortal Louis Armstrong … which I played twice last year and once …

♫ Wonderful World ♫

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Apocalypse Right Now

From Michael Fry and the Over the Hedge Crew. Our Apocalypse

Yes, I know it’s Buc-ee’s. Just wanted to spare them shame of losing in court if they sued us. We’re considerate like that.

Apocalypse Right Now

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