Daily Archives: November 29, 2020

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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