In light of Vladimir Putin’s genocidal campaign against Ukraine and its people, I am revisiting the war crimes trials held in Nuremberg, Germany between 1945 and 1948. It is my considered opinion as a historian and subject matter expert in military ethics, that Putin and the Russian leaders now conducting a genocidal war against Ukraine need to be brought to justice before an international war crimes tribunal. Such a trial could be convened at the International Criminal Court in The Hague, or a specially convened international tribunal similar to the International Military Tribunal that brought high ranking Nazi officials and military officers to justice at Nuremberg.
I also think of former President Donald Trump and his supporters that made a concerted attempt to overthrow the newly elected President by an planned assault on the Capitol that the President urged on and failed to stop, and his supporters who still support such actions today.
Associate Justice of the Supreme Court was appointed by President Harry S. Truman as the Chief American Counsel. Jackson helped draft the London Charter of the International Military Tribunal which created the legal basis for the Nuremberg Trials. During the trial Jackson served as the lead American prosecutor.
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.
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…”
Five 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.
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 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.
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 Civilisation. 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 former President Donald Trump during and after office made repeated policy statements similar to Hitler and the Nazis. They included: limiting civil rights and freedom of speech, the role of the courts, curtailing freedom of the press, favoring one religion above others, curtailing the legal and civil rights of whole groups of people, expelling millions of people, banning whole groups of other people entry into the country, promising to rid the government of his opponents, to fire military leaders who disagreed with him in mass, and to commit the military to use methods that are condemned as war crimes, war crimes such as were prosecuted by the United States and her Allies at Nuremberg. Many of his radical supporters, and rivals in the Republican Party are legislating such policies at state level, while members of the House of Representatives are using the same tactics as Nazi members of the Reichstag before and during the Nazi seizure of power.
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?
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. Russia in all of its guises has never been a beacon of liberty. It has from the times of the Czars, to the Soviet State, to Putin has always been an autocratic state built on terrorizing its own people and conquering its neighbors. The Russian genocide against Ukraine is simply another chapter in a long history of brutality.
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, his followers, and many Republicans in Congress 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.
Yesterday was the seventy-third anniversary of the liberation of the Auschwitz Concentration Camp, and the solemn commemoration of International Holocaust Remembrance Day. The Holocaust is also known by its Hebrew name, the Shoah, or catastrophe; and it was indeed a catastrophe. Roughly five and a half million to six million Jews were slaughtered by the police, security, and military apparatus of the Nazi state. In his opening statement at Nuremberg, Associate Supreme Court Justice Robert Jackson said, “We charge that all atrocities against Jews were the manifestation and culmination of the Nazi plan…”
The nine volumes of the 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.
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”
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.)
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.
Through 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)
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.”
At this point I move to Justice Jackson’s closing statement.
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 and to present 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 world leaders all too willing to reprise the crimes of the Nazis. This is happening today at the hands of Vladimir Putin in Ukraine, where the Russian leader’s forces are committing Genocide.
So we begin where Jackson began on the 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”.
THE CRIMES OF THE NAZI REGIME
The strength of the case against these defendants under the conspiracy count, which it is the duty of the United States to argue, lies in its simplicity. It involves but three ultimate inquiries: First, have the acts defined by the Charter as crimes been committed; second, were they committed pursuant to a common plan or conspiracy; third, are these defendants among those who are criminally responsible? The charge requires examination of a criminal policy, not of a multitude of isolated, unplanned, or disputed crimes. The substantive crimes upon which we rely, either as goals of a common plan or as means for its accomplishment, are admitted. The pillars which uphold the conspiracy charge may be found in five groups of overt acts, whose character and magnitude are important considerations in appraising the proof of conspiracy.
1. THE SEIZURE OF POWER AND SUBJUGATION OF GERMANY TO A POLICE STATE The Nazi Party seized control of the German State in 1933. “Seizure of power” is a characterisation used by defendants and defence witnesses, and so apt that it has passed into both history and everyday speech. The Nazi junta in the early days lived in constant fear of overthrow. Goering, in 1934, pointed out that its enemies were legion, and said:
“Therefore, the concentration camps have been created, where we have first confined thousands of Communists and Social Democrat functionaries.”
In 1933 Goering forecast the whole programme of purposeful cruelty and oppression when he publicly announced:
“Whoever in the future raises a hand against a representative of the National Socialist movement or of the State must know that he will lose his life in a very short while.”
New political crimes were created to this end. It was made a treason, punishable with death, to organize or support a political party other than the Nazi Party. Circulating a false or exaggerated statement, or one which would harm the State or even the Party, was made a crime. Laws were enacted of such ambiguity that they could be used to punish almost any innocent act. It was, for example, made a crime to provoke “any act contrary to the public welfare”.
The doctrine of punishment by analogy was introduced to enable conviction for acts which no statute forbade. Minister of Justice Guertner explained that National Socialism considered every violation of the goals of life which the community set up for itself to be a wrong per se, and that the acts could be punished even though it was not contrary to existing “formal law”.
The Gestapo and the SD were instrumentalities of an espionage system which penetrated public and private life. Goering controlled a personal wiretapping unit. All privacy of communication was abolished. Party Blockleiter appointed over every 50 householders spied continuously on all within their ken.
Upon the strength of this spying individuals were dragged off to “protective custody” and to concentration camps without legal proceedings of any kind1and without statement of any reason therefore. The partisan political police were exempted from effective legal responsibility for their acts.
With all administrative offices in Nazi control and with the Reichstag reduced to impotence, the judiciary remained the last obstacle to this reign of terror. But its independence was soon overcome and it was reorganised to dispense a venal justice. Judges were ousted for political or racial reasons and were spied upon and put under pressure to join the Nazi Party. After the Supreme Court had acquitted three of the four men whom the Nazis accused of setting the Reichstag on fire, its jurisdiction over treason cases was transferred to a newly established “People’s Court” consisting of two judges and five Party officials. The German film of this “People’s Court” in operation, which the showed in this chamber, revealed its presiding judge pouring partisan abuse on speechless defendants. Special courts were created to try political crimes, only Party members were appointed judges, and “Judges’ letters” instructed the puppet judges as to the “general lines” they must follow.
The result was the removal of all peaceable means either to resist or to change the Government. Having sneaked through the portals of power, the Nazis slammed the gate in the face of all others who might also aspire to enter. Since the law was what the Nazis said it was, every form of opposition was rooted out and every dissenting voice throttled. Germany was in the clutch of a police State, which used the fear of the concentration camp as a means to enforce non-resistance. The Party was the State, the State was the Party, and terror by day and death by night were the policy of both.
2. THE PREPARATION AND WAGING OF WARS OF AGGRESSION From the moment the Nazis seized power, they set about with feverish but stealthy efforts, in defiance of the Versailles Treaty, to arm for war. In 1933 they found no air force. By 1939 they had 21 squadrons, consisting of 240 echelons or about 2,400 first-line planes, together with trainers and transports.
In 1933 they found an army of 3 infantry [sic] (actually 7) and 3 cavalry divisions. By 1939 they had raised and equipped an army of 51 divisions, 4 of which were fully motorized and 4 of which were panzer divisions. In 1933 they found a navy of one cruiser and six light cruisers. By 1939 they had built a navy of 4 battleships, 1 aircraft carrier, 6 cruisers, 22 destroyers, and 54 submarines. They had also built up in that period an armament industry as efficient as that of any country in the world.
These new weapons were put to use, commencing in September, 1939, in a series of undeclared wars against nations with which Germany had arbitration and non-aggression treaties, and in violation of repeated assurances.
On 1st September, 1939, this rearmed Germany attacked Poland. The following April witnessed the invasion and occupation of Denmark and Norway, and May saw the overrunning of Belgium, the Netherlands, and Luxembourg. Another spring saw Yugoslavia and Greece under attack, and in June, 1941, came the invasion of Soviet Russia. Then Japan, which Germany had embraced as a partner, struck without warning at Pearl Harbour in December, 1941, and four days later Germany declared war on the United States.
We need not trouble ourselves about the many abstract difficulties that can be conjured up about what constitutes aggression in doubtful cases. I shall show you, in discussing the conspiracy, that by any test ever put forward by any responsible authority, by all the canons of plain common sense, these were unlawful wars of aggression in breach of treaties and in violation of assurances.
3. WARFARE IN DISREGARD OF INTERNATIONAL LAW
It is unnecessary to labour this point on the facts. Goering asserts that the Rules of Land Warfare were obsolete, that no nation could fight a total war within their limits. He testified that the Nazis would have denounced the Conventions to which Germany was a party, but that General Jodl wanted captured German soldiers to continue to benefit from their observance by the Allies.
It was, however, against the Soviet people and Soviet prisoners that Teutonic fury knew no bounds, in spite of a warning by Admiral Canaris that the treatment was in violation of International Law. We need not, therefore, for the purposes of the conspiracy count, recite the revolting details of starving, beating, murdering, freezing, and mass extermination admittedly used against the Eastern soldiery. Also, we may take as established or admitted that the lawless conduct such as shooting British and American airmen, mistreatment of Western prisoners of war, forcing French prisoners of war into German war work, and other deliberate violations of the Hague and Geneva Conventions, did occur, and in obedience to highest levels of authority.
4. ENSLAVEMENT AND PLUNDER OF POPULATIONS IN OCCUPIED COUNTRIES
The defendant Sauckel, Plenipotentiary General for the Utilization of Labour, is authority for the statement that “out of five million foreign workers who arrived in Germany, not even 200,000 came voluntarily”. It was officially reported to defendant Rosenberg that in his territory “recruiting methods were used which probably have their origin in the blackest period of the slave trade”. Sauckel himself reported that male and female agents went hunting for men, got them drunk, and “shanghaied” them to Germany. These captives were shipped in trains without heat, food, or sanitary facilities. The dead were thrown out at stations, and the newborn were thrown out the windows of moving trains.
Sauckel ordered that “all the men must be fed, sheltered and treated in such a way as to exploit them to the highest possible extent at the lowest conceivable degree of expenditure”. About two million of these were employed directly in the manufacture of armaments and munitions. The director of the Krupp locomotive factory in Essen complained to the company that Russian forced labourers were so underfed that they were too weakened to do their work, and the Krupp doctor confirmed their pitiable condition. Soviet workers were put in camps under Gestapo guards, who were allowed to punish disobedience by confinement in a concentration camp or by hanging on the spot.
Populations of occupied countries were otherwise exploited and oppressed unmercifully. Terrorism was the order of the day. Civilians were arrested without charges, committed without counsel, executed without hearing. Villages were destroyed, the male inhabitants shot or sent to concentration camps, the women sent to forced labour, and the children scattered abroad. The extent of the slaughter in Poland alone was indicated by Frank, who reported:
” If I wanted to have a poster put up for every seven Poles who were shot, the forests of Poland would not suffice for producing the paper for such posters.”
Those who will enslave men cannot be expected to refrain from plundering them. Boastful reports show how thoroughly and scientifically the resources of occupied lands were sucked into the German war economy, inflicting shortage, hunger, and inflation upon the inhabitants. Besides this grand plan to aid the German war effort there were the sordid activities of the Rosenberg “Einsatzstab”, which pillaged art treasures for Goering and his fellow-bandits. It is hard to say whether the spectacle of Germany’s No. 2 leader urging his people to give up every comfort and strain every sinew on essential war work while he rushed around confiscating art by the trainload should be cast as tragedy or comedy. In either case it was a crime.
International Law at all times before and during this war spoke with precision and authority respecting the protection due to civilians of an occupied country, and the slave trade and plunder of occupied countries was at all times flagrantly unlawful.
5. PERSECUTION AND EXTERMINATION OF JEWS AND CHRISTIANS
The Nazi movement will be of evil memory in history because of its persecution of the Jews, the most far-flung and terrible racial persecution of all time. Although the Nazi Party neither invented nor monopolised anti-Semitism, its leaders from the very beginning embraced it, incited it, and exploited it. They used it as “the psychological spark that ignites the mob”. After seizure of power, it became an official State policy. The persecution began in a series of discriminatory laws eliminating the Jews from the civil service, the professions, and economic life. As it became more intense it included segregation of Jews in ghettoes, and exile. Riots were organized by Party leaders to loot Jewish business places and to burn synagogues. Jewish property was confiscated and a collective fine of a billion marks was imposed upon German Jewry. The programme progressed in fury and irresponsibility to the “final solution”. This consisted of sending all Jews who were fit to work to concentration camps as slave labourers, and all who were not fit, which included children under 12 and people over 50, as well as any others judged unfit by an SS doctor, to concentration camps for extermination.
Adolf Eichmann, the sinister figure who had charge of the extermination programme, has estimated that the anti-Jewish activities resulted in the killing of six million Jews. Of these, four million were killed in extermination institutions, and two million were killed by Einsatzgruppen, mobile units of the Security Police and SD which pursued Jews in the ghettoes and in their homes and slaughtered them in gas wagons, by mass shooting in anti-tank ditches and by every device which Nazi ingenuity could conceive.
So thorough and uncompromising was this programme that the Jews of Europe as a race no longer exist, thus fulfilling the diabolic “prophecy” of Adolf Hitler at the beginning of the war. Of course, any such programme must reckon with the opposition of the Christian Church. This was recognized from the very beginning. Defendant Bormann wrote all Gauleiters in 1941 that “National Socialism and Christian concepts are irreconcilable”, and that the people must be separated from the Churches, and the influence of the Churches totally removed. Defendant Rosenberg even wrote dreary treatises advocating a new and weird. Nazi religion.
The Gestapo appointed “Church specialists” who were instructed that the ultimate aim was “destruction of the confessional Churches”. The record is full of specific instances of the persecution of clergymen, the confiscation of Church property, interference with religious publications, disruption, of religious education, and suppression of religious organizations.
The chief instrument for persecution and extermination was the concentration camp, sired by the defendant Goering and nurtured under the overall authority of defendants Frick and Kaltenbrunner.
The horrors of these iniquitous places have been vividly disclosed by documents and testified to by witnesses. The Tribunal must be satiated with ghastly verbal and pictorial portrayals. From your records it is clear that the concentration camps were the first and worst weapon of Nazi oppression used by the National Socialist State, and that they were the primary means utilised for the persecution of the Christian Church and the extermination of the Jewish race. This has been admitted to you by some of the defendants from the witness stand. In the words of defendant Frank:
“A thousand years will pass and this guilt of Germany will still not be erased.”
These, then, were the five great substantive crimes of the Nazi regime. Their commission, which cannot be denied, stands admitted. The defendant Keitel, who is in a position to know the facts, has given the Tribunal what seems to be a fair summation of the case on the facts:
“The defendant has declared that ‘he admits the contents of the general Indictment to be proved from the objective and factual point of view’ (that is to say, not every individual case) ‘and this in consideration of the law of procedure governing the trial. It would be senseless, despite the possibility of refuting several documents or individual facts, to attempt to shake the Indictment as a whole.’” I pass now to the inquiry as to whether these groups of criminal acts were integrated in a common plan or conspiracy.
THE COMMON PLAN FOR CONSPIRACY
The prosecution submits that these five categories of premeditated crimes were not separate and independent phenomena but that all were committed pursuant to a common plan or conspiracy.
The defence admits that these classes of crimes were committed, but denies that they are connected one with another as parts of a single programme. The central crime in this pattern of crimes, the king-pin which holds them all together, is the plot for aggressive wars. The chief reason for international cognizance of these crimes lies in this fact. Have we established the plan or conspiracy to make aggressive war?
Certain admitted or clearly proven facts help to answer that question. First is the fact that such war of aggression did take place. Second, it is admitted that from the moment the Nazis came to power, every one of them and every one of the defendants worked like beavers to prepare for some war. The question therefore comes to this: Were they preparing for the war which did occur, or were they preparing for some war which never happened?
It is probably true that in their early days none of them had in mind what month of what year war would begin, the exact dispute which would precipitate it, or whether its first impact would be Austria, Czechoslovakia, or Poland. But I submit that the defendants either knew or were chargeable with knowledge that the war for which they were making ready would be a war of German aggression. This is partly because there was no real expectation that any power or combination of powers would attack Germany. But it is chiefly because the inherent nature of the German plans was such that they were certain sooner or later to meet resistance and that they could then be accomplished only by aggression.
The plans of Adolf Hitler for aggression were just as secret as Mein Kampf, of which over six million copies were published in Germany. He not only openly advocated overthrowing the Treaty of Versailles, but made demands which went far beyond a mere rectification of its alleged injustices. He avowed an intention to attack neighbouring States and seize their lands, which he said would have to be won with “the power of a triumphant sword”. Here, for every German to hearken to, were the “ancestral voices prophesying war”.
Goering has testified in this courtroom that at his first meeting with Hitler, long before the seizure of power:
“I noted that Hitler had a definite view of the impotency of protest and, as a second point, that he was of the opinion that Germany should be freed of the Peace of Versailles. ‘We did not say we shall have to have a war and defeat our enemies’; this was the aim and the methods had to be adapted to the political situation.”
When asked if this goal were to be accomplished by war if necessary, Goering did not deny that eventuality but evaded a direct answer by saying, “We did not debate about that at all at that time.” He went on to say that the aim to overthrow the Treaty of Versailles was open and notorious and that, I quote again, “Every German in my opinion was for its modification, and there was no doubt that this was a strong inducement for joining the party.”
Thus, there can be no possible excuse for any person who aided Hitler to get absolute power over the German people, or who took a part in his regime, to fail to know the nature of the demands he would make on Germany’s neighbours.
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.
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.
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.”
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.
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.
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.
Record of Proceedings: July 26, 1946, continued:
The zealot Hess, before succumbing to wanderlust, was the engineer tending the Party machinery, passing orders and propaganda down to the Leadership Corps, supervising every aspect of Party activities, and maintaining the organization as a loyal and ready instrument of power.
Joachim von Ribbentrop
When apprehensions abroad threatened the success of the Nazi regime for conquest, it was the double-dealing Ribbentrop, the salesman of deception, who was detailed to pour wine on the troubled waters of suspicion by preaching the gospel of limited and peaceful intentions.
Keitel, the weak and willing tool, delivered the armed forces, the instrument of aggression, over to the Party and directed them in executing its felonious designs.
Kaltenbrunner, the grand inquisitor, assumed the bloody mantle of Heydrich to stifle opposition and terrorise into compliance, and buttressed the power of National Socialism on a foundation of guiltless corpses.
It was Rosenberg, the intellectual high priest of the “master race”, who provided the doctrine of hatred which gave the impetus for the annihilation of Jewry, and who put his infidel theories into practice against the Eastern occupied territories. His woolly philosophy also added boredom to the long list of Nazi atrocities.
The fanatical Frank, who solidified Nazi control by establishing the new order of authority without law, so that the will of the Party was the only test of legality, proceeded to export his lawlessness to Poland, which he governed with the lash of Caesar and whose population he reduced to sorrowing remnants.
Frick, the ruthless organiser, helped the Party to seize power, supervised the police agencies to ensure that it stayed in power, and chained the economy of Bohemia and Moravia to the German war machine.
Streicher, the venomous vulgarian, manufactured and distributed obscene racial libels which incited the populace to accept and assist the progressively savage operations of “race purification”.
As Minister of Economics Funk accelerated the pace of rearmament, and as Reichsbank president banked for the SS the gold teeth-fillings of concentration camp victims -probably the most ghoulish collateral in banking history.
It was Schacht, the facade of starched respectability, who in the early days provided the window-dressing, the bait for the hesitant, and whose wizardry later made it possible for Hitler to finance the colossal rearmament programme, and to do it secretly.
Donitz, Hitler’s legatee of defeat, promoted the success of the Nazi aggressions by instructing his pack of submarine killers to conduct warfare at sea with the illegal ferocity of the jungle.
Raeder, the political admiral, stealthily built up the German Navy in defiance of the Versailles Treaty, and then put it to use in a series of aggressions which he had taken a leading part in planning.
Baldur von Schirach
Von Schirach, poisoner of a generation, initiated the German youth in Nazi doctrine, trained them in legions for service in the SS and Wehrmacht, and delivered them up to the Party as fanatic, unquestioning executors of its will.
Sauckel, the greatest and cruellest slaver since the Pharaohs of Egypt, produced desperately needed manpower by driving foreign peoples into the land of bondage on a scale unknown even in the ancient days of tyranny in the kingdom of the Nile.
Jodl, betrayer of the traditions of his profession, led the Wehrmacht in violating its own code of military honour in order to carry out the barbarous aims of Nazi policy.
Franz von Papen
Von Papen, pious agent of an infidel regime, held the stirrup while Hitler vaulted into the saddle, lubricated the Austrian annexation, and devoted his diplomatic cunning to the service of Nazi objectives abroad.
Seyss-Inquart, spearhead of the Austrian fifth column, took over the government of his own country only to make a present of it to Hitler, and then, moving north, brought terror and oppression to the Netherlands and pillaged its economy for the benefit of the German juggernaut.
Konstantin von Neurath
Von Neurath, the old-school diplomat, who cast the pearls of his experience before the Nazis, guided Nazi diplomacy in the early years, soothed the fears of prospective victims, and as Reich Protector of Bohemia and Moravia strengthened the German position for the coming attack on Poland.
Speer, as Minister of Armaments and Production, joined in planning and executing the programme to dragoon prisoners of war and foreign workers into German war industries, which waxed in output while the labourers waned in starvation.
Fritzsche, radio propaganda chief, by manipulation of the truth goaded German public opinion into frenzied support of the regime, and anaesthetised the independent judgement of the population so that they did their masters’ bidding without question.
Bormann, who has not accepted our invitation to this reunion, sat at the throttle of the vast and powerful engine of the Party, guiding it in the ruthless execution of Nazi policies, from the scourging of the Christian Church to the lynching of captive Allied airmen.
The activities of all these defendants, despite their varied backgrounds and talents, were joined with the efforts of other conspirators not now in the. dock, who played still other essential roles: They blend together into one consistent and militant pattern animated by a common objective to reshape the map of Europe by force of arms. Some of these defendants were ardent members of the Nazi movement from its birth. Others, less fanatical, joined the common enterprise later, after success had made participation attractive by the promise of rewards. This group of latter-day converts remedied a crucial defect in the ranks of the original true believers, for as Dr. Siemers has pointed out in his summation:
“… There were no specialists among the National Socialists for the particular tasks. Most of the National Socialist collaborators did not previously follow a trade requiring technical education.”
It was the fatal weakness of the early Nazi band that it lacked technical competence. It could not from among its own ranks make up a government capable of carrying out all the projects necessary to realize its aims. Therein lies the special crime and betrayal of men like Schacht and von Neurath, Speer and von Papen, Raeder and Donitz, Keitel and Jodl. It is doubtful whether the Nazi master plan could have succeeded without their specialized intelligence which they so willingly put at its command. They did so with knowledge of its announced aims and methods, and continued their services after practice had confirmed the direction in which they were tending. Their superiority to the average run of Nazi mediocrity is not their excuse. It is their condemnation.
The dominant fact which stands out from all the thousands of pages of the record of this trial is that the central crime of the whole group of Nazi crimes -the attack on the peace of the world -was clearly and deliberately planned. The beginning of these wars of aggression was not an unprepared and spontaneous springing to arms by a population excited by some current indignation. A week before the invasion of Poland Hitler told his military commanders: “I shall give a propagandist cause for starting war -never mind whether it be plausible or not. The victor shall not be asked later on whether we told the truth or not. In starting and making a war, it is not the right that matters, but victory.”
The propagandist incident was duly provided by dressing concentration camp inmates in Polish uniforms, in order to create the appearance of a Polish attack on a German frontier radio station. The plan to occupy Belgium, Holland, and Luxembourg first appeared as early as August, 1938, in connection with the plan for attack on Czechoslovakia. The intention to attack became a programme in May, 1939, when Hitler told his commanders that:
“The Dutch and Belgian air bases must be occupied by armed forces. Declarations of neutrality must be ignored.”
Thus, the follow-up wars were planned before the first was launched. These were the most carefully plotted wars in all history. Scarcely a step in their terrifying succession and progress failed to move according to the master blueprint or the subsidiary schedules and timetables until long after the crimes of aggression were consummated. Nor were the war crimes and the crimes against humanity unplanned, isolated or spontaneous offences. Apart from our undeniable evidence of their plotting, it is sufficient to ask whether six million people could be separated from the population of several nations on the basis of their blood and birth, could be destroyed and their bodies disposed of, unless the operation had fitted into the general scheme of government. Could the enslavement of five millions of labourers, their impressment into service, their transportation to Germany, their allocation to work where they would be most useful, their maintenance, if slow starvation can be called maintenance, and their guarding have been accomplished if it did not fit into the common plan? Could hundreds of concentration camps located throughout Germany, built to accommodate hundreds of thousands of victims, and each requiring labour and materials for construction, manpower to operate and supervise, and close gearing into the economy -could such efforts have been expended under German autocracy if they had not suited the plan? Has the Teutonic passion for organization suddenly become famous for its toleration of non-conforming activity? Each part of the plan fitted into every other. The slave labour programme meshed with the needs of industry and agriculture, and these in turn synchronised with the military machine. The elaborate propaganda apparatus geared with the programme to dominate the people and incite them to a war which their sons would have to fight. The armament industries were fed by the concentration camps. The concentration camps were fed by the Gestapo. The Gestapo was fed by the spy system of the Nazi Party. Nothing was permitted under the Nazi iron rule that was not in accordance with the programme.
Everything of consequence that took place in this regimented society was but a manifestation of a premeditated and unfolding purpose to secure the Nazi State a place in the sun by casting all others into darkness.
COMMON DEFENCES AGAINST THE CHARGE OF COMMON RESPONSIBILITY
The defendants meet this overwhelming case, some by admitting a limited, responsibility, some by putting the blame on others, and some by taking the position, in effect, that while there have been enormous crimes there are no criminals. Time will not permit me to examine each individual and particular defence, but there are certain lines of defence common to so many cases that they deserve some consideration.
Counsel for many of the defendants seek to dismiss the charge of a common plan or conspiracy on the ground that the pattern of the Nazi plan does not fit into the concept of conspiracy applicable in German law to the plotting of a highway robbery or a burglary. Their concept of conspiracy is in the terms of a stealthy meeting in the dead of night, in a secluded hide-out, in which a group of felons plot every detail of a specific crime. The Charter forestalls resort to such parochial and narrow concepts of conspiracy taken from local law by using the additional and non-technical term, “common plan”. Omitting entirely the alternative term of “conspiracy”, the Charter reads that “leaders, organisers, instigators, and accomplices participating in the formulation or execution of a common plan to commit” any of the described crimes “are responsible for all acts performed by any persons in execution of such plan”. The Charter concept of a common plan really represents the conspiracy principle in an international context. A common plan or conspiracy to seize the machinery of a State, to commit crimes against the peace of the world, to blot a race out of existence, to enslave millions, and to subjugate and loot whole nations cannot be thought of in the same terms as the plotting of petty crimes, although the same underlying principles are applicable. Little gangsters may plan who will carry a pistol and who a stiletto, who will approach a victim from the front and who from behind, and where they will waylay him. But in planning war, the pistol becomes a Wehrmacht, the stiletto a Luftwaffe. Where to strike is not a choice of dark alleys, but a matter of world geography. The operation involves the manipulation of public opinion, the law of the State, the police power, industry, and finance. The baits and bluffs must be translated into a nation’s foreign policy. Likewise, the degree of stealth which points to a guilty purpose in, a conspiracy will depend upon its object. The clandestine preparations of a State against international society, although camouflaged to those abroad, might be quite open and notorious among its own people. But stealth is not an essential ingredient of such planning. Parts of the common plan may be proclaimed from the housetops, as anti-Semitism was, and parts of it kept under cover, as rearmament for a long time was. It is a matter of strategy how much of the preparation shall be made public, as was Goering’s announcement in 1935 of the creation of an air force, and how much shall be kept covert, as in the case of the Nazis’ use of shovels to teach “labour corps” the manual of arms. The forms of this grand type of conspiracy are amorphous, the means are opportunistic, and neither can divert the law from getting at the substance of things.
The defendants counted, however, that there could be no conspiracy involving aggressive war because (1) none of the Nazis wanted war; (2) rearmament was only intended to provide the strength to make Germany’s voice heard in the family of nations; and (3) the wars were not in fact aggressive wars but were defensive wars against a “Bolshevik menace”.
When we analyse the argument that the Nazis did not want war it comes down, in substance, to this: “The record looks bad indeed -objectively -but when you consider the state of my mind -subjectively I hated war. I knew the horrors of war. I wanted peace.” I am not so sure of this. I am even less willing to accept Goering’s description of the General Staff as pacifist. However, it will not injure our case to admit that as an abstract proposition none of these defendants liked war. But they wanted things which they knew they could not get without war. They wanted their neighbours’ lands and goods. Their philosophy seems to be that if the neighbours would not acquiesce, then they are the aggressors and are to blame for the war. The fact is, however, that war never became terrible to the Nazis until it came home to them, until it exposed their deceptive assurances to the German people that German cities, like the ruined one in which we meet, would be invulnerable. From then on, war was terrible.
But again the defendants claim: “To be sure, we were building guns. But not to shoot. They were only to give us weight in negotiating.” At its best this argument amounts to a contention that the military forces were intended for blackmail, not for battle. The threat of military invasion which forced the Austrian Anschluss, the threats which preceded Munich, and Goering’s threat to bomb the beautiful city of Prague if the President of Czechoslovakia did not consent to the Protectorate, are examples of what the defendants had in mind when they talked of arming to back negotiation.
But from the very nature of German demands, the day was bound to come when some country would refuse to buy its peace, would refuse to pay Dane-geld, “For the end of that game is oppression and shame, And the nation that plays it is lost.”
Did these defendants then intend to withdraw German demands, or was Germany to enforce them and manipulate propaganda so as to place the blame for the war on the nation so unreasonable as to resist? Events have answered that question, and documents such as Admiral Carl’s memorandum, earlier quoted, leave no doubt that the events occurred as anticipated.
But some of the defendants argue that the wars were not aggressive and were only intended to protect Germany against some eventual danger from the “menace of Communism”, which was something of an obsession with many Nazis.
At the outset this argument of self-defence fails because it completely ignores this damning combination of facts clearly established in the record: first, the enormous and rapid German preparations for war; second, the repeatedly avowed intentions of the German leaders to attack, which I have previously cited; and third, the fact that a series of wars occurred in which German forces struck the first blows, without warning, across the borders of other nations.
Even if it could be shown -which it cannot -that the Russian war was really defensive, such is demonstrably not the case with those wars which preceded it.
It may also be pointed out that even those who would have you believe that Germany was menaced by Communism also compete with each other in describing their opposition to the disastrous Russian venture. Is it reasonable that they would have opposed that war if it were undertaken in good faith in self-defence.
It is sought to balance the frivolous self-defence theory against the facts, as advocates often do, by resort to a theory of law. Dr. Jahrreiss, in his scholarly argument for the defence, rightly points out that no treaty provision and no principle of law denied Germany, as a sovereign nation, the right of self-defence. He follows with the assertion for which there is authority in classic International Law, that:
“… every State is alone judge of whether in a given case it is waging a war of self-defence”.
It is not necessary to examine the validity of an abstract principle which does not apply to the facts of our case. I do not doubt that if a nation arrived at a judgement that it must resort to war in self-defence, because of conditions affording reasonable grounds for such an honest judgement, any Tribunal would accord it great and perhaps conclusive weight, even if later events proved that judgement mistaken.
But the facts in this case call for no such deference to honest judgement because no such judgement was ever pretended, much less honestly made.
In all the documents which disclose the planning and rationalisation of these attacks, not one sentence has been or can be cited to show an honest fear of attack. It may be that statesmen of other nations lacked the courage forthrightly and fully to disarm. Perhaps they suspected the secret rearmament of Germany. But if they hesitated to abandon arms, they did not hesitate to neglect them. Germany well knew that her former enemies had allowed their armaments to fall into decay, so little did they contemplate another war. Germany faced a Europe that not only was unwilling to attack, but was too weak and pacifist even adequately to defend, and went to the very verge of dishonour, if not beyond, to buy its peace. The minutes we have shown you of the Nazis’ secret conclaves identify no potential attacker. They bristle with the spirit of aggression and not of defence. They contemplate always territorial expansion, not the maintenance of territorial integrity.
Minister of War von Blomberg, in his 1937 directive prescribing general principles for the preparation for war of the armed forces, has given the lie to these feeble claims of self-defence. He stated at that time:
“The general political situation justifies the supposition that Germany need not consider an attack on any side. Grounds for this are, in addition to the lack of desire for war in almost all nations, particularly the Western Powers, the deficiencies in the preparedness for war in a number of States and of Russia in particular.”
Nevertheless, he recommended: “a continuous preparation for war in order to (a) counter-attack at any time, and (b) to enable the military exploitation of politically favourable opportunities should they occur”.
If these defendants may now cynically plead self-defence, although no honest need of self-defence was asserted or contemplated by any responsible leader at that time, it reduces non-aggression treaties to a legal absurdity. They become additional instruments of deception in the hands of the aggressor, and traps for well-meaning nations. If there be in non-aggression pacts an implied condition that each nation may make a bona fide judgement as to the necessity for self-defence against imminent threatened attack, it certainly cannot be invoked to shelter those who never made any such judgement at all.
In opening this case I ventured to predict that there would be no serious denial that the crimes charged were committed, and that the issue would concern the responsibility of particular defendants. The defendants have fulfilled that prophecy. Generally, they do not deny that these things happened, but it is contended that they “just happened”, and that they were not the result of a common plan or conspiracy.
One of the chief reasons the defendants say why there was no conspiracy is the argument that conspiracy was impossible with a dictator. The argument runs that they all had to obey Hitler’s orders, which had the force of law m the German State, and hence obedience could not be made the basis of a criminal charge. In this way it is explained that while there have been wholesale killings, there have been no murderers.
This argument is an effort to evade Article 8 of the Charter, which provides that the order of the Government or of a superior shall not free a defendant from responsibility but can only be considered in mitigation. This provision of the Charter corresponds with the justice and with the realities of the situation, as indicated in defendant Speer’s description of what he considered to be the common responsibility of the leaders of the German nation; he said that … with reference to decisive matters, there was a joint responsibility. There must be a joint responsibility among the leaders, because who else could take the responsibility for the development of events, if not the close associates who work with and around the head of the State?
And again he told the Tribunal that … it was impossible after the catastrophe to evade this joint responsibility, and that if the war had been won, the leaders would also have laid claim to joint responsibility.
Like much of defence counsel’s abstract arguments, the contention that the absolute power of Hitler precluded a conspiracy crumbles in the face of the facts of record. The Fuehrerprinzip of absolutism was itself a part of the common plan, as Goering has pointed out. The defendants may have become the slaves of a dictator, but he was their dictator. To make him such was, as Goering has testified, the object of the Nazi movement from the beginning. Every Nazi took this oath:
“I pledge eternal allegiance to Adolf Hitler. I pledge unconditional obedience to him and the Fuehrers appointed by him.”
Moreover, they forced everybody else in their power to take it. This oath was illegal under German law, which made it criminal to become a member of an organization in which obedience to “unknown superiors or unconditional obedience to known superiors is pledged”. These men destroyed free government in Germany and now plead to be excused from responsibility because they became slaves. They are in the position of the boy of fiction who murdered his father and mother and then pleaded for leniency because he was an orphan.
What these men have overlooked is that Adolf Hitler’s acts are their acts. It was these men among millions of others, and it was these men leading millions of others, who built up Adolf Hitler and vested in his psychopathic personality not only innumerable lesser decisions but the supreme issue of war or peace. They intoxicated him with power and adulation. They fed his hates and aroused his fears. They put a loaded gun in his eager hands. It was left to Hitler to pull the trigger, and when he did they all at that time approved. His guilt stands admitted, by some defendants reluctantly, by some vindictively. But his guilt is the guilt of the whole dock, and of every man in it.
But it is urged that these defendants could not be in agreement on a common plan or conspiracy because they were fighting among themselves or belonged to different factions or cliques. Of course, it is not necessary that men should agree on everything in order to agree on enough things to make them liable for a criminal conspiracy. Unquestionably there were conspiracies within the conspiracy, and intrigues and rivalries and battles for power. Schacht and Goering disagreed, but over which of them should control the economy, not over whether the economy should be regimented for war. Goering claims to have departed from the plan because, through Dahlerus, he conducted some negotiations with men of influence in England just before the Polish war. But it is perfectly clear that this was not an effort to prevent aggression against Poland but to make that aggression successful and safe by obtaining English neutrality. Rosenberg and Goering may have had some differences as to how stolen art should be distributed, but they had none about how it should be stolen. Jodl and Goering may have disagreed about whether to denounce the Geneva Convention, but they never disagreed about violating it. And so it goes through the whole long and sordid story. Nowhere do we find a single instance where any one of the defendants stood up against the rest and said: “This thing is wrong and I will not take part in it.” Wherever they differed, their differences were as to method or jurisdiction, but always within the framework of the common plan.
Some of the defendants also contend that in any event there was no conspiracy to commit war crimes or crimes against humanity because Cabinet members never met with the military commanders to plan these acts. But these crimes were only the inevitable and incidental results of the plan to commit the aggression for purposes of Lebensraum. Hitler stated, at a conference with his commanders, that:
“The main objective in Poland is the destruction of the enemy and not the reaching of a certain geographical line.” Frank picked up the tune and suggested that when their usefulness was exhausted, “… then, for all I care, mincemeat can be made of the Poles and Ukrainians and all the others who run around here -it does not matter what happens”.
Reichskommissar Koch in the Ukraine echoed the refrain:
“I will draw the very last out of this country. I did not come to spread bliss ….”
This was Lebensraum in its seamy side. Could men of their practical intelligence expect to get neighboring lands free from the claims of their tenants without committing crimes against humanity?
The last stand of each defendant is that even if there was a conspiracy, he was not in it. It is therefore important in examining their attempts at avoidance of responsibility to know, first of all, just what it is that a conspiracy charge comprehends and punishes.
In conspiracy we do not punish one man for another man’s crime. We seek to punish each for his own crime of joining a common criminal plan in which others also participated. The measure of the criminality of the plan and therefore of the guilt of each participant is, of course, the sum total of crimes committed by all in executing the plan. But the gist of the offence is participation in the formulation or execution of the plan. These are rules which every society has found necessary in order to reach men, like these defendants, who never get blood on their own hands but who lay plans that result in the shedding of blood. All over Germany today, in every zone of occupation, little men who carried out these criminal policies under orders are being convicted and punished. It would present a vast and unforgivable caricature of justice if the men who planned these policies and directed these little men should escape all penalty.
These men in this dock, on the face of this record, were not strangers to this programme of crime, nor was their connection with it remote or obscure. We find them in the very heart of it. The positions they held show that we have chosen defendants of self-evident responsibility. They are the very highest surviving authorities in their respective fields and in the Nazi State. No one lives who, at least until the very last moments of the war, outranked Goering in position, power, and influence. No soldier stood above Keitel and Jodl, and no sailor above Raeder and Donitz. Who can be responsible for the double-faced diplomacy if not the Foreign Ministers, von Neurath and Ribbentrop, and the diplomatic handyman, von Papen? Who should be answerable for the oppressive administration of occupied countries if Gauleiter, Protectors, Governors and Commissars such as Frank, Seyss-Inquart, Frick, von Schirach, von Neurath, and Rosenberg are not? Where shall we look for those who mobilised the economy for total war if we overlook Schacht and Speer and Funk? Who was the master of the great slaving enterprise if it was not Sauckel? Where shall we find the hand that ran the concentration camps if it was not the hand of Kaltenbrunner? Who whipped up the hates and fears of the public, and manipulated the Party organizations to incite these crimes, if not Hess, von Schirach, Fritzsche, Bormann and the unspeakable Julius Streicher? The list of defendants is made up of men who played indispensable and reciprocal parts in this tragedy. The photographs and the films show them again and again together on important occasions. The documents show them agreed on policies and on methods, and all working aggressively for the expansion of Germany by force of arms.
Each of these men made a real contribution to the Nazi plan. Each man had a key part. Deprive the Nazi regime of the functions performed by a Schacht, a Sauckel, a von Papen, or a Goering, and you have a different regime. Look down the rows of fallen men and picture them as the photographic and documentary evidence shows them to have been in their days of power. Is there one who did not substantially advance the conspiracy along its bloody path towards its bloody goal? Can we assume that the great effort of these men’s lives was directed towards ends they never suspected? To escape the implications of their positions and the inference of guilt from their activities, the defendants are almost unanimous in one defence. The refrain is heard time and again: these men were without authority, without knowledge, without influence, without importance. Funk summed up the general self-abasement of the dock in his plaintive lament that:
“I always, so to speak, came up to the door. But I was not permitted to enter.”
In the testimony of each defendant, at some point there was reached the familiar blank wall: nobody knew anything about what was going on. Time after time we have heard the chorus from the dock:
“I only heard about these things here for the first time.”
These men saw no evil, spoke none, and none was uttered in their presence. This claim might sound very plausible if made by one defendant. But when we put all their stories together, the impression which emerges of the Third Reich, which was to last a thousand years, is ludicrous. If we combine only the stories of the front bench, this is the ridiculous composite picture of Hitler’s Government that emerges. It was composed of:
A No. 2 man who knew nothing of the excesses of the Gestapo which he created, and never suspected the Jewish extermination programme although he was the signer of over a score of decrees which instituted the persecution of that race;
A No. 3 man who was merely an innocent middleman transmitting Hitler’s orders without even reading them, like a postman or delivery boy;
A Foreign Minister who knew little of foreign affairs and nothing of foreign policy;
A Field-Marshal who issued orders to the armed forces but had no idea of the results they would have in practice;
A Security Chief who was of the impression that the policing functions of his Gestapo and SD were somewhat on the lines of directing traffic;
A Party philosopher who was interested in historical research, and had no idea of the violence which his philosophy was inciting in the twentieth century;
A Governor-General of Poland who reigned but did not rule;
A Gauleiter of Franconia whose occupation was to pour forth filthy writings about the Jews, but who had no idea that anybody would read them;
A Minister of the Interior who knew not even what went on in the interior of his own office, much less the interior of his own department, and nothing at all about the interior of Germany;
A Reichsbank President who was totally ignorant of what went in and out of the vaults of his bank;
A Plenipotentiary for the War Economy who secretly marshalled the entire economy for armament, but had no idea it had anything to do with war.
This may seem like a fantastic exaggeration, but this is what you would actually be obliged to conclude if you were to acquit these defendants.
They do protest too much. They deny knowing what was common knowledge. They deny knowing plans and programmes that were as public as Mein Kampf and the Party programme.
They deny even knowing the contents of documents which they received and acted upon. Nearly all the defendants take two or more conflicting positions. Let us illustrate the inconsistencies of their positions by the record of one defendant -who, if pressed, would himself concede that he is the most intelligent, honourable and innocent man in the dock. That is Schacht. And this is the effect of his own testimony -but let us not forget that I recite it not against him alone, but because most of its self-contradictions are found in the testimony of several defendants.
Schacht did not openly join the Nazi movement until it had won, nor openly desert it until it had lost. He admits that he never gave it public opposition, but asserts that he never gave it private loyalty. When we demand of him why he did not stop the criminal course of the regime in which he was a Minister, he says he had not a bit of influence. When we ask why he remained a member of the criminal regime, he tells us that by sticking on he expected to moderate its programme. Like a Brahmin among Untouchables, he could not bear to mingle with the Nazis socially, but never could he afford to separate from them politically. Of all the Nazi aggressions by which he now claims to have been shocked, there is not one that he did not support before the world with the weight of his name and prestige. Having armed Hitler to blackmail a continent, his answer now is to blame England and France for yielding. Schacht always fought for his position in a regime he now affects to despise. He sometimes disagreed with his Nazi confederates about what was expedient in reaching their goal, but he never dissented from the goal itself. When he did break with them in the twilight of the regime, it was over tactics, not principles. From then on he never ceased to urge others to risk their positions and their necks to forward his plots, but never on any occasion did he hazard either of his own. He now boasts that he personally would have shot Hitler if he had had the opportunity, but the German newsreel shows that even after the fall of France, when he faced the living Hitler, he stepped out of line to grasp the hand he now claims to loathe and hung upon the words of the man he now says he thought unworthy of belief. Schacht says he steadily “sabotaged” the Hitler Government. Yet the most relentless secret service in the world never detected him doing the regime any harm until long after, he knew the war to be lost and the Nazis doomed. Schacht, who dealt in “hedges” all his life, always kept himself in a position to claim that he was in either camp. The plea for him is as specious on analysis as it is persuasive on first sight. Schacht represents the most dangerous and reprehensible type of opportunism -that of the man of influential position who is ready to join a movement that he knows to be wrong because he thinks it is winning.
These defendants, unable to deny that they were the men in the very highest ranks of power, and unable to deny that the crimes I have outlined actually happened, know that their own denials are incredible unless they can suggest someone who is guilty.
The defendants have been unanimous, when pressed, in shifting the blame on other men, sometimes on one and sometimes on another. But the names they have repeatedly picked are Hitler, Himmler, Heydrich, Goebbels and Bormann. All of these are dead or missing. No matter how hard we have pressed the defendants on the stand, they have never pointed the finger at a living man as guilty. It is a temptation to ponder the wondrous workings of a fate which has left only the guilty dead and only the innocent alive. It is almost too remarkable.
The chief villain on whom blame is placed -some of the defendants vie with each other in producing appropriate epithets -is Hitler. He is the man at whom nearly every defendant has pointed an accusing finger.
I shall not dissent from this consensus, nor do I deny that all these dead and missing men shared the guilt. In crimes so reprehensible that degrees of guilt have lost their significance they may have played the most evil parts. But their guilt cannot exculpate the defendants. Hitler did not carry all responsibility to the grave with him. All the guilt is not wrapped in Himmler’s shroud. It was these dead men whom these living chose to be their partners in this great conspiratorial brotherhood, and the crimes that they did together they must pay for one by one.
It may well be said that Hitler’s final crime was against the land he had ruled. He was a mad “messiah” who started the war without cause and prolonged it without reason. If he could not rule he cared not what happened to Germany. As Fritzsche has told us from the stand, Hitler tried to use the defeat of Germany for the self-destruction of the German people. He continued the fight when he knew it could not be won, and continuance meant only ruin. Speer, in this courtroom, has described it as follows:
“… The sacrifices which were made on both sides after January, 1945, were senseless. The dead of this period will be the accusers of the man responsible for the continuation of that fight, Adolf Hitler, and the ruined cities which in this last phase lost tremendous cultural values and in which a colossal number of dwellings were destroyed …. The German people remained faithful to Adolf Hitler until the end. He betrayed them knowingly. He finally tried to throw them into the abyss ….”
Hitler ordered everyone else to fight to the last and then retreated into death by his own hand. But he left life as he lived it, a deceiver; he left the official report that he had died in battle. This was the man whom these defendants exalted to a Fuehrer. It was they who conspired to get him absolute authority over all of Germany. And in the end he and the system they had created for him brought the ruin of them all. As stated by Speer in cross-examination:
“… the tremendous danger of the totalitarian system, however, only became really clear at the moment when we were approaching the end. It was then that one could see what the principle really meant, namely, that every order should be carried out without criticism. Everything that has become known during this trial, especially with regard to orders which were carried out without any consideration, has proved how evil it .was in the end…. Quite apart from the personality of Hitler, on the collapse of the totalitarian system in Germany it became clear what tremendous dangers there are in a system of that kind. The combination of Hitler and this system has brought about these tremendous catastrophes in the world.”
But let me for a moment turn devil’s advocate. I admit that Hitler was the chief villain. But for the defendants to put all blame on him is neither manly nor true. We know that even the head of the State has the same limits to his senses and to the hours of his days as do lesser men. He must rely on others to be his eyes and ears as to most that goes on in a great empire. Other legs must run his errands; other hands must execute his plans.
On whom did Hitler rely for such things more than upon these men in the dock? Who led him to believe he had an invincible air armada if not Goering? Who kept disagreeable facts from him? Did not Goering forbid Field-Marshal Milch to warn Hitler that in his opinion Germany was not equal to the war upon Russia? Did not Goering, according to Speer, relieve General Galland of his air force command for speaking of the weaknesses and bungling of the air force? Who led Hitler, utterly untravelled himself, to believe in the indecision and timidity of democratic peoples if not Ribbentrop, von Neurath, and von Papen? Who fed his illusion of German invincibility if not Keitel, Jodl, Raeder, and Donitz? Who kept his hatred of the Jews inflamed more than Streicher and Rosenberg? Who would Hitler say deceived him about conditions in concentration camps if not Kaltenbrunner, even as he would deceive us? These men had access to Hitler and often could control the information that reached him and on which he must base his policy and his orders. They were the Praetorian Guard, and while they were under Caesar’s orders, Caesar was always in their hands.
If these dead men could take the witness stand and answer what has been said against them, we might have a less distorted picture of the parts played by these defendants. Imagine the stir that would occur in the dock if it should behold Adolf Hitler advancing to the witness box, or Himmler with an armful of dossiers, or Goebbels, or Bormann with the reports of his Party spies, or the murdered Roehm or Canaris. The ghoulish defence that the world is entitled to retribution only from the cadavers is an argument worthy of the crimes at which it is directed.
We have presented to this Tribunal an affirmative case based on incriminating documents which are sufficient, if unexplained, to require a finding of guilt on Count One against each defendant. In the final analysis, the only question is whether the defendants’ own testimony is to be credited as against the documents and other evidence of their guilt. What, then, is their testimony worth?
The fact is that the Nazi habit of economising in the use of truth pulls the foundations out from under their own defences. Lying has always been a highly approved Nazi technique. Hitler, in Mein Kampf, advocated mendacity as a policy. Von Ribbentrop admits the use of the “diplomatic lie”. Keitel advised that the facts of rearmament be kept secret so that they could be denied at Geneva. Raeder deceived about rebuilding the German Navy in violation of Versailles. Goering urged Ribbentrop to tell a “legal lie” to the British Foreign Office about the Anschluss, and in so doing only marshalled him the way he was going. Goering gave his word of honour to the Czechs and proceeded to break it. Even Speer proposed to deceive the French into revealing the specially trained among their prisoners.
Nor is the lie direct the only means of falsehood. They all speak with a Nazi double meaning with which to deceive the unwary. In the Nazi dictionary of sardonic euphemisms “Final solution” of the Jewish problem was a phrase which meant extermination; “Special treatment” of prisoners of war meant killing; “Protective custody” meant concentration camp; “Duty labour” meant slave labour; and an order to “take a firm attitude” or “take positive measures” meant to act with unrestrained savagery. Before we accept their word at what seems to be its face value, we must always look for hidden meanings. Goering assured us, on his oath, that the Reich Defence Council never met “as such”. When we produced the stenographic minutes of a meeting at which he presided and did most of the talking, he reminded us of the “as such” and explained this was not a meeting of the Council “as such” because other persons were present. Goering denies “threatening” Czechoslovakia. He only told President Hacha that he would “hate to bomb the beautiful city of Prague”.
Besides outright false statements and those with double meanings, there are also other circumventions of truth in the nature of fantastic explanations and absurd professions. Streicher has solemnly maintained that his only thought with respect to the Jews was to resettle them on the island of Madagascar. His reason for destroying synagogues, he blandly said, was only because they were architecturally offensive. Rosenberg was stated by his counsel to have always had in mind a “chivalrous solution” to the Jewish problem. When it was necessary to remove Schuschnigg after the Anschluss, Ribbentrop would have had us believe that the Austrian Chancellor was resting at a “villa”. It was left to cross-examination to reveal that the “villa” was Buchenwald concentration camp. The record is full of other examples of dissimulations and evasions. Even Schacht showed that he, too, had adopted the Nazi attitude that truth is any story which succeeds. Confronted on cross-examination with a long record of broken vows and false words, he declared in justification -and I quote from the record:
“I think you can score many more successes when you want to lead someone if you don’t tell them the truth than if you tell them the truth.”
This was the philosophy of the National Socialists. When for years they have deceived the world, and masked falsehood with plausibilities, can anyone be surprised that they continue that habit of a lifetime in this dock? Credibility is one of the main issues of this trial. Only those who have failed to learn the bitter lessons of the last decade can doubt that men who have always played on the unsuspecting credulity of generous opponents would not hesitate to do the same now.
It is against such a background that these defendants now ask this Tribunal to say that they are not guilty of planning, executing, or conspiring to commit this long list of crimes and wrongs. They stand before the record of this trial as bloodstained Gloucester stood by the body of his slain King. He begged of the widow, as they beg of you: “Say I slew them not.” And the Queen replied, “Then say they were not slain. But dead they are ….” If you were to say of these men that they are not guilty, it would be as true to say that there has been no war, there are no slain, there has been no crime.” Of course there is much more that could be included. The crimes of the Nazi beggar the imagination. Their use of the entire machinery of the State, the willing cooperation of business, the churches, medical institutions, and ordinary men and women who informed on neighbors, appropriated the homes and property of the Jews, men and women who cheerfully burned books condemned by the Nazis. Likewise, there were the men of the Einsatzgrüppen who murdered over a million Jews up close and personal, those that ran the gas chambers, gave lethal injections to children and the disabled, conducted barbarous medical experiments, and those that supervised a slave labor program that caused massive suffering and death. The list of crimes could go on ad infinitum. Sadly, they can and are happening again.
Over the past couple of weeks I have been amazingly busy and where I have been pretty much too exhausted to write, despite the plethora of patently palpitating potboilers regarding the perfidious behavior of the twice impeached former President and his pernicious and parasitic promoters following the excruciatingly proper search warrant and search of Trump’s porous pleasure palace of Mar a Lago, issued by profoundly proper Attorney General Merrick Garland and proficiently pulled off by by the FBI. (Yes I know this was an excruciatingly long sentence but I could not resist trying to use all of those words beginning with the letter “p” when so many synonyms were available. It is just one of my peculiar proclivities, see I couldn’t even perchance avoid it in my parenthetical note, but I digress.)
When all of this dropped almost a week and a half ago I was blown away, not because I didn’t think that Trump had made off with classified materials, or in my opinion had already either shared them with hostile foreign powers, or was planning to do so for perfidious profit, and not in the interest of patriotism, but perfidy, or as better known as profit and treason.
The really fascinating but terrifying thing to watch was the mass hysteria that the legal and properly carried out search evoked among the Trump Cult, from the highest elected officials, the pernicious low life’s of the Trump propaganda machine, and his cult of hard core “true believer” followers for whom truth is less important than remaining faithful to the Big Lie, and the Bigger Liar.
My morbid fascination with the onslaught of profoundly disprovable propaganda put out by Trump’s Army of pundits, politicians, and preachers from Monday until Garland dropped the bomb requesting the Judge to unseal the search warrant and inventory of what was recovered was surreal. The demands went to protests, and the protests to terrorism directed at the FBI, including the release of the names and personal data of the agents and the Judge involved in the search warrant and its execution. In one case a former January 6th participant attempted a failed attack on the FBI’s Cincinnati Field office, after which he was killed in a shootout with law enforcement.
Since then, most of Trump’s cult has upped the ante, demanding the release of the Affidavit to the Warrant which the Justice Department is wisely resisting because of the sensitivity of the documents to the investigation. What we have here is a clear cut case of obstruction of Justice, mishandling of government documents, including Classified, Secret, Top Secret, and Top Secret SCI (Special Compartmentalized Information) none of which are to be removed from where they are stored or viewed in SCIFs unless to be briefed in similar secure facilities, of which Mar a Lago is not. Likewise, the need for a former President to require access to such information is not his, but of the current President, should the current President believe that a former President be able to help in a given situation might grant access. But such is not the case when a former President absconds with 11 sets of classified materials, as well as cases of numerous other official government documents, and then lies after being subpoenaed by the National Records Office of the National Archives and the Justice Department for them for over a year.
Trump was given so much latitude in returning the documents without penalty before the warrant was issued it makes one’s mind spin. If it were you or me, you bet your ass that we would be in jail, possibly without parole until trial. But Trump and his cavalcade of incompetent lawyers and cult like followers, whether elected officials or complete private citizen morons, would rather lie, obfuscate and possibly aid Trump in actions that while illegal, might also constitute treason of the former President shared them with any foreign leaders or agents. While serving as President, Trump was notorious for his complete disregard of classified materials and their potential impacts on national security, a fact attested to by two of his National Security Advisors, two Chairman of the Joint Chiefs of Staff, and a former Director of National Intelligence, and many others involved in his administration. Then there is the almost ejaculatory defense of Trump by Russian propagandists, and their transition to mourning that he is no longer an assest after the warrant and search. Dare call Trump’s actions treason. I do. There is much more to this story. There are multiple Federal and State criminal and civil cases moving through the court, and also the House Committee investigating the January 6th attack on Congress, an event orchestrated and encouraged by Trump in order to defy the results of a legal election to maintain his personal power.
There is much still to be added, but none of it will be good for either Trump or our national and the principals and laws it was founded upon.
As for me I will not give up the fight against totalitarianism, treason, and theocratic fascism. To quote the Christian German General Henning von Tresckow who gave up his life in the attempt to kill Hitler:
“A man’s moral worth is established only at the point where he is ready to give up his life in defense of his convictions.”
As my book “Mine Eyes Have Seen the Glory: Religion and the Politics of Race in the Civil War Era and Beyond”, states: I am a historian, retired career military officer, and priest. As a historian I believe the truth, even when uncomfortable or damning, should be told. I take as inspiration a statement by Sir Patrick Stewart, in his role as Captain Jean Luc Picard, in the Star Trek: The Next Generation episode “The First Duty.” In the story Picard tells Cadet Wesley Crusher, “The first duty of every Starfleet officer is to the truth, whether it’s scientific truth or historical truth or personal truth! It is the guiding principle on which Starfleet is based.”
I spent 37 years as an officer in the US Army and Navy. I fully agree with Captain Picard, charge me with living in the past, present, and future, but my duty, and anyone commissioned or appointed by his or her government must be committed to the truth and upholding the law, former Presidents, current politicians, pundits, and preachers be damned. Truth matters. The distinguished history professor Timothy Snyder wrote, “To abandon facts is to abandon freedom.”Truth matters, but it is human nature to take solace in myths and believe they are true. However, many myths are deadly. The deadliest include American Slavery’s “positive good,” the “Noble South,” the “Lost Cause,” the evils of Reconstruction, the good of Jim Crow, and the nonexistence of institutional racism in the United States. These are lies so big and toxic that one has to call them whoppers.
With that I am done for the night. Wednesday will be busy. Be safe, take care and enjoy life all,that you can.
The past couple of weeks have been somewhat surreal. The continued revelations of former President Trump and his allies to attempt a coup to keep him in power, the decision of the Trump appointed majority on the Supreme Court to destroy the Establishment Clause in two cases, and to overturn Roe v. Wade by using poor history and case law to destroy any legal precedent regarding the Fourteenth Amendment after when it was ratified in 1868, when women had few rights to property, civil rights, rights to their medical treatment and the right to vote, the last which was enshrined in the 19th Amendment, 51 years after the 14th Amendment. While Roe v. Wade gave women some choice regarding their reproductive rights, and control of their bodies, the Equal Rights Amendement was never ratified, leaving women with far fewer Constitutionally protected rights than men.
That being said, I thought that rewriting an article from our last visit to Munich in 2018 worked very well considering the most recent actions of the court and Republican state legislatures to crush the civil rights of women ad blacks, uphold the rights of people to arm themselves to the teethe with military grade weaponry with few safeguards as to how they can be purchased. The understanding of settled law and precedent has been demolished such that no protections after 1868 can be safeguarded, based on the perverted legal doctrine of ”Originalism,” which is much like the various Christian Fundamentalist doctrine of BiblicalInerrancy, which though unprovable tries to deduce the meanings of the writers, without the tools of hermeneutics, historiography, or the Christian tradition and reason. The doctrine of originalism depends on interpreting the Constitution as if the Founders intended it to be enshrined as scripture rather than a compromised document that most felt at the time would need to be changed.
Now I am 62 years old. Many people of my generation and my parents generation elected these madmen. Those who will save us from tyranny have to be young people of ideals, integrity, and who believe in the founding principle of the Declaration of Independence, enhanced by the words of Abraham Lincoln in his Gettysburg Address, who also believe in the protections of the Constitution.
So I leave you with this for tonight. Please, read it and share it.
On one of our trips to Munich we had breakfast and then since Judy’s knees were not up to a lot of long walks or standing took our rental car out to see a couple of places that we had not visited. We went to the grave of the anti-Nazi martyr Sophie Scholl, her brother Hans, and friend Christoph Probst who were executed in February 1943 for publishing anti-Hitler, Nazi, and war pamphlets. Following that we went to the BMW Museum and BMW World. The first was sobering, the second interesting because I like fast cars, but the visit to the cemetery was far more important.
I won’t write about the BMW Museum, that is something for true automotive enthusiasts. Instead I will write about that visit to the Friedhof at Perlacher Forst in Munich where Sophie Scholl is buried.
The cemetery is adjacent to the Stadelheim Prison where she was held before her trial and executed on February 22nd 1943. I have written about her and the White Rose resistance movement before. The year before I visited the White Rose Museum and study center at the Ludwig Maximillians University of Munich but last year I didn’t get the chance to make a pilgrimage to her gravesite. I made it a priority this visit.
Visiting a memorial or museum is one thing. However, I find that visiting the gravesite of a martyr, or the mass gravesites of the victims of the Holocaust, other mass killings, or cemeteries where those killed in battle, engenders something of a personal or spiritual connection.
We parked on the street outside Stadelheim, which is still an active prison surrounded by tall walls and guard towers. While Judy waited with the car I walked to the cemetery and then to the gravesite which is on the opposite side of the cemetery from the main entrance. It is a very peaceful place, with many trees and the sections cordoned off by carefully trimmed grapevines.
When I reached the gravesite I paused, and remained for about ten minutes contemplating the cost of real resistance to tyranny. She and her companions had no political, military, or economic power. They were students, and a number had served as medics on the Eastern Front before resuming their studies.
Unlike the men who launched Operation Valkyrie 17 months later they had no connections to any kind of power: they were not part of the movement of German conservatives and militarists who initially supported Hitler and then had second thoughts. When Hitler came to power they were children. They resisted because they found what was happening to go beyond any sense of ethics, morality, or in some cases, like Sophie, their Christian faith.
At her trial she told the notorious President of the Nazi People’s Court, Roland Freisler:
Somebody, after all, had to make a start. What we wrote and said is also believed by many others. They just don’t dare express themselves as we did.
While I was their I tried to imagine her courage as she testified to the truth and went to her death. The woman who shared Sophie’s cell wrote of her final words before going to her execution:
How can we expect righteousness to prevail when there is hardly anyone willing to give himself up individually to a righteous cause? Such a fine, sunny day, and I have to go, but what does my death matter, if through us, thousands of people are awakened and stirred to action?
Many people today are being faced with the same questions that Sophie Scholl, her brother Hans, and friends, including Christoph Probst who was executed the same day had to make. Thankfully, for the most part the future imitators of Hitler have not yet seized full power in Europe or the United States, but it wouldn’t take much for that to happen. Too many people, and not just conservatives, would be willing to sacrifice freedom in the name of security if a major war, terrorist attack, or natural disaster that threatened their well being and/or their economic or social status occurred. Likewise, we Americans have a pretty lousy history in dealing with suspect minorities and dissenters in times of crisis.
In such a situation, how many people would allow their government to oppress and terrorize people that they distrusted due to their race, ethnicity, or religion? I think that the numbers are a lot higher than we would want to admit. The preservation or self and wealth is often more of a motivation than faith, or the rights and liberties of others.
During the Nazi era many non-Nazis supported the Nazi programs because they thought that they benefited them. The same is true in any authoritarian State regardless of the ideology that it subscribes and its people hold dear.
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.
An addendum for tonight,
My question to you, and me is hers. If you think you are “safe,” you are only kidding yourself, no matter what your political or religious belief may be. Men like Trump or Boris Johnson, Orban of Hungary, Erdogan or Turkey, Bolsonaro Of Brazil, Marcos of the Philippines, Putin of Russia, or Kim Jun Un of North Korea have no real friends or allies. Their supporters, even the most loyal, are like those of Hitler and Stalin only are safe until they realize their mistaken trust in their leader.
As I write this more and more creditable and documented forensic evidence emerges during the various investigations into the crimes of former President Trump and his militant followers who attacked the Capitol Building on 6 January 2021 with the intent to stop the final ceremonial counting of the Electoral College Vote, even threatening to hang Vice President Mike Pence and murder many members of Congress.
It’s up to you young people. I’ll fight as long as I can, as will other older veterans and resisters. But the long term fight belongs to you. What way will you choose to burn?
I have grown weary of domestic terrorists murdering and maiming innocent people. Most of them are young angry white men, who often target their victims based on their race, ethnicity, gender, or religion. Their preferred victims seem to children and the elderly. There are few places in our country that can be considered safe. I have dealt with PTSD and its aftereffects for over a decade. I have lost count of the hundreds of people I have seen die, many due to gun violence. If you have never stood over the bodies of those whose bodies are destroyed, literally torn apart by high velocity semiautomatic rifles and handguns, then this is simply an exercise in political rhetoric. When I saw the picture above with the police officer crying his hands as he walked through the carnage.
When I saw what was happening in Highland Park, I could not wish anyone a happy Independence Day. I say that because there are a significant number of our citizens and elected leaders, especially those of the Trumpified and QAnon GOP. They have private heavily armed so called militias like the Proud Boys, the Oath Keepers, which function as did the Nazi Brownshirts who go around, even after their major role in attacking the Capitol and trying to force a coup to overthrow the government and invalidate an election that Trump lost decisively in both the Electoral College and the popular vote, still use intimidation tactics to target LGBTQ gatherings and even readings to children in public libraries.
I recognized that Highland Park terrorism was likely directed at Jews, first because Highland Park has a large Jewish population, second because I saw one of the terrorist’s bloody videos before they were taken down. The video was flooded with a Welsh rope Rune used as a symbol of right wing Finnish group, with Nazi leanings, known as Suomen Sisu.
It is indeed a time to mourn, but to get angry and to whatever is needed in the courts, in our legislatures, and in taking to the streets to demand that our local state and federal representatives take action to restore what the founders meant in the Second Amendment which the Roberts Court in an opinion written by the late Antonin Scalia which turned the amendment on its head in 2008.
We also need to be ready take up arms against these terrorist groups. Lest anyone be confused, these efforts have to be defensive in nature, not threaten any public official, but limited to working within the laws of our states and working with law enforcement to ensure that peaceful protestors, or the people to assemble.
However, I have to pause for the night. I have a long day tomorrow, and there is much more to say. But I will conclude with the words of the German general Henning von Tresckow who gave up his life to overthrow Hitler, “A man’s moral worth is established only at the point where he is ready to give up his life in defense of his convictions.”
A year ago, just six days after I retired from active duty a hoard of fanatical supporters of then President Donald Trump attack the Capitol Building with Congress in session in order to stop the usually ceremonial certification of the Electoral College vote. It should have not been a surprise as from the day of the election Trump and his cult like followers had been proclaiming that the election had been stolen from him, something that many if not most of them still believe despite incontrovertible forensic proof that the results were accurate.
As a historian I can only call this act of sedition and insurrection as something akin to the firing on Fort Sumter or the Bier Hall Putsch. Like those failed attempts at revolution this too failed, but its effects linger and are not over. The fact that an estimated 100 Republican members of the House and Senate knew of or supported the coup attempt, and many current active duty, reserve, and National Guard members, veterans, military retirees, as well as local and state law enforcement officers took part in it, all of whom violated their oath of office in attempting to overthrow the Constitution they had sworn to defend and overturn a valid and legal election because they did not like the result created a stain in our history and national honor that will never be erased.
These people are still determined to use every means legal and illegal to overthrow our Constitution, ignore Constitutional amendments that they hate, such as the XIIIth, XIVth, and XVth, as well as Civil and Voting Rights. They are supported by a host of conspiracy theorists, White Supremacists, Neo-Nazis, in media, right wing think tanks, and popular propagandists.
Until today when President Biden and Attorney General Garland spoke the Democrats have spent more time fighting amongst themselves than countering Republican and QANON propaganda, or having all hands on deck to pass voting rights laws to counter the GOP Trump Cult using all means available, including working with the dwindling number of anti-Trump Republicans, despite the efforts of the House Committee investigating the assault which includes the now despised Representatives Liz Cheney and Adam Kinzinger.
Today, any man or woman in this country who cares about our freedom, democracy, and Constitution, needs to be willing to make a stand for it in every neighborhood, town, city, county, and state. by refusing to fight by every legal means available we will be the authors of the end of our Republic, democracy will die, and with it freedom.
Ulysses Grant, then a former Army Officer volunteered to fight at the beginning of the Civil War said, ”There are but two parties now: traitors and patriots. And I want hereafter to be ranked with the latter and, I trust, the stronger party.”
I am now retired, but if these people push their plans for a theocratic dictatorship under the looming orange face of Donald Trump. They are a clear and present danger and I will stand by the oath of office that I first took over 40 years again.
I will stand and say ”Never Again” and my actions will match my words. So if any of the Trump Cultists who condemn me, wish me harm or threaten me or my family, or anyone else, I will fight. I am a proud American who served in peace and war for nearly forty years and never forsake my oath to the Constitution regardless of my political or religious beliefs. I will be damned if I let a buch of cowardly fake patriots and religious extremists shut me up.
Sorry for not posting for a week but my ass has been kicked by the work involved in clearing our home of things in order for the painters after having more contractors in the past week. Add to this the new new teaching job and my ass is kicked. Everything hurts, 60 is definitely not the new 40.
As I was getting things cleaned out I found a letter. It was the letter that greeted me at my office a few days that I preached sermon at the JEB Little Creek Fort Story Chapel in July 2017. It was from a fanatical Trump supporter who was upset that I condemned the Trump administration’s policy of separating children from their parents and locking them up in cages on our border with Mexico. During the sermon I never said a word about Trump himself and stayed morality of his administration’s policies.
My accuser was a retired officer who never addressed me face to face and made heinous accusations against me. He sent a similar letter to my Commanding Officer demanding that I be relieved of my position as Command Chaplain and that I be tried by Court Martial. It was a seminal moment in my life. I discovered that the Trump movement was not simply about politics but it was a personality cult devoted to their “Leader” with profoundly racist motives bent on the personal destruction of anyone who opposed his policies.
My sermon actually had scriptural backing in that week’s lectionary readings and was based on the teachings of the Christian Church and backed by history. When I preach I do not deviate from the lectionary texts and seek to apply them to daily life, most of the time this was never about anything political.
The sermons of a chaplain are normally considered one of the most protected types of speech in the military and for that matter in the country, even if they stand against the policies of a President. In fact during my long career I have witnessed conservative Evangelical and Catholic Chaplains venture into politics on a regular basis, sometimes sitting through sermons that were much more partisan and disrespectful than anything I spoke that day, but I do not recall any to have been accused of crimes and investigated for what they said in a sermon preached as part of regularly scheduled religious services.
The official investigation of my “allegedly criminal conduct” in preaching the sermon was grueling. I was called into the investigating officer’s office and read my rights. I refused to answer questions without a lawyer. I had to retain legal counsel and went to Mikey Weinstein of the Military Religious Freedom Foundation who has become a close personal friend. He spoke at my retirement ceremony where his words were remarkably similar to two of my previous commanding officers emphasizing my personal integrity, moral courage and commitment to care for all in my charge, regardless of their beliefs.
The investigating officer interviewed over half of the people present in the service as well as every member of my staff. My attorney handled the situation and in the end I was exonerated and no charges filed. I still have the investigation filed away, but it is now boxed up. Sadly, some of the people who denied that I said the things I was accused of saying also threw in political barbs. All were White male retirees and none ever spoke to me again. I was shunned, but the Black members of the chapel congregation were very supportive, some still keep in touch with me. One said that my sermon was like “hearing the thunder of the voice of God.” Honestly I do miss preaching, but I want nothing to do with the politics of the church.
I elected never to preach in that chapel again, in fact it was the last time I stood in the pulpit for anything other than an official ceremony or memorial service.
The assault on me and my rights by this Trump supporter and my treatment afterwards by the older White members of the chapel made me much wiser about the nature of the Trump Cult. It transitioned from a personality cult to a profoundly religious cult in which any disagreement with the former President was considered heresy and met by virulent attacks on the offenders, and if they were Republicans saw many expelled or driven from the Party, sometimes even threatened with violence.
The Trump Cult is deeply racist, openly White Nationalist and authoritarian in nature, and supported by violent Neo-Nazi groups, militias and Christian Nationalists, who are probably the most disreputable of the lot.
I get online threats on a fairly regular basis for what I write and truthfully I no longer feel safe in my country, a country I served for nearly 40 years in the military. Sadly, most claim to be “Christians” as if they even know what being a follower of Jesus means. It does not mean making death threats on behalf of a would be dictator, as a good number have done.
Less than a month after my sermon those White Supremacist groups conducted a violent demonstration in Charlottesville, Virginia. Trump said that there “were very good people” on both sides. Of course he and they only grew more threatening and violent and culminated in the 6 January insurrection and assault on the Capitol, but I digress…
The letter from that man reminded me just how personal this threat is for anyone who actually believes in truth, believes in the promise our Declaration of Independence and the Constitution. There are so many times that I resist the urge to spam my accuser’s name all over the world. That man is a despicable moral coward who refused to even follow the clear teachings of scripture of how to confront another Christian over a matter of faith, and instead attempted to use the power of military law in order to destroy me. Of course for him like most of these Christofacists, the teachings of Jesus, Scripture, or the testimony of the Church mean nothing, because the worship Trump uber Alles. They would kill for him, not die for Jesus. That my friends is idolatry and a denial of their Christian faith.
But for me this is a fight that I will not shirk. I cannot stomach supposed Christians who have a higher loyalty to Trump and his racist Cult than they do to Jesus. I quote General Henning Von Tresckow who helped lead the opposition to Hitler and died after the failed assassination attempt, “We have to show the world that not all of us are like him. Otherwise, this will always be Hitler’s Germany.”
Yes, I compared Trump to Hitler. This is because Trump has repeatedly shown that he wants to be like Hitler. True, he is not as smart and unlike Hitler never volunteered to serve his adopted country in wartime, and he has no one as gifted as Joseph Goebbels as his chief propagandist. Nor does he have anyone as Lani Riefenstahl to promote him as a God as she did in the film The Triumph of the Will.
That being said, Trump is both a demagogue and coward. He loves authoritarian government and hates the system of checks and balances created by our founders. Today he registered his disappointment that the Courts would not overturn the election, despite the fact nothing he and his lawyers could come up with that could win a single court case of over 60 they filed because they had no evidence and the facts did not support them. His continuous assault on facts and truth bodes ill for all of us, even his followers. Thus he and them and his followers remain a danger to anyone who actually believes that the Declaration or the Constitution.
But had Trump won the election, or had his insurgents prevented Congress from fulfilling its obligations under the Constitution there is no doubt that he would have gone full Fuhrer. Had he won or succeed in His coup attempt no opponent would be safe from his Neo-Nazi thugs backed by the full police power of the government and his Christian Theocratic base. The sad thing is that even though he is out of office the threat still remains, largely because of his Cult and a spineless Republican Party that sold its soul to Trump.
I’ll stop for now as it is late. However, it is a good thing that the man who tried to destroy me coming up on four years ago never properly introduced himself to me in person, thus I can’t match his face to my memories. It is a good thing for him because if I recognized him I might be tempted to beat him within an inch of his life if he did not admit his sin against me before my left jab right hook combination struck his jaw. Of course if that ever happened that sonofabitch would be the victim and I would be in jail. So I won’t give him that as strong as the temptation might be. But to quote the Psalmist in Psalm 139:22 when it comes to men like Jack who tried to destroy my life to defend Trump, “I hate them with perfect hatred: I count them mine enemies.”
I am tired as a result I am posting something out of my archives today. It’s actually a paper I wrote for one of my Masters Degree Classes back in 2009 that I decided to post on the site. Since then I have done much more study on the battle from other sources, many more critical of Manstein and revealing of the crimes committed by his troops on the Eastern Front. I could probably do more with it except to do more biographical work on Von Manstein, but I don’t expect that I will at them moment because I already know much about his strategic and battlefield brilliance, and enough about his character for now. For me character matters more than battlefield brilliance.
The article deals with the crisis that the German armies faced following Stalingrad and how Field Marshal Erich von Manstein succeeded in talking Adolf Hitler out of certain defeat and inflicting a massive defeat on the now overconfident and over extended Soviet armies.
Von Manstein was a brilliant strategist, his bold plan to conquer France in 1940 was a masterpiece, as was his conduct of combat operations on the Eastern Front until his relief in March of 1944 for withdrawing (and saving) his armies from Soviet destruction without Hitler’s approval. Von Manstein was a brilliant commander at the operational level of war, but he also gave his approval and support to war crimes committed by the SS Einsatzgruppen against the Jews and others in his area of operations. He believed that Bolshevism and the Jews were linked, thus in his codicil to Von Reichenau’s Severity Order in November 1941 stated:
“Jewish Bolshevik system must be wiped out once and for all and should never again be allowed to invade our European living space … It is the same Jewish class of beings who have done so much damage to our own Fatherland by virtue of their activities against the nation and civilisation, and who promote anti-German tendencies throughout the world, and who will be the harbingers of revenge. Their extermination is a dictate of our own survival.”
This article depicts Manstein at his zenith when even Hitler was forced to give in to his logic, but barely a year later Hitler relieved him of command as Manstein remained committed to a mobile defense surrendering space while attempting to maximize Soviet casualties.
Manstein is a complex character, he defended German Jews in the Reichswehr yet went on to cooperate in the deaths of hundreds of thousands of Jews in Russia. There is a decent possibility that he had some Jewish ancestry, he opposed the Aryan Paragraph which banned Jews from serving in the German armed forces telling General Ludwig Beck that anyone who had volunteered to serve had already proved their worth. Part of this may have been to protect mixed race grand-nephews who were already serving in the Reichswehr and his concern that he might have Jewish blood.
The SS launched an investigation regarding this, but never completed it. The results of what they found or did not find are unknown. It makes me wonder if I could make an extended trip to Germany and do some research on the topic. This is because based on all of his other anti-Semitic beliefs, if he really did not believe that the Germans had murdered the number of Jews that they did as was recorded in his post-war testimony. Almost all of Von Manstein’s criticisms of Hitler were restricted to the conduct of the war, not the political and moral aspects that formed the heart of Nazi policy and the Holocaust.
Though Manstein knew that Hitler was leading Germany to destruction, he rebuffed his colleagues who attempted to kill Hitler and the overthrow the Nazi regime. Had he supported them he might have brought others with him.
Likewise, though he was tried and convicted of war crimes he was given an early release from prison at the behest of Winston Churchill, Konrad Adenauer and other notables. After his release he went on to advise the German government on the organization of the new Bundeswehr, and become something of a celebrity among military history students, and military officers, especially Britain and the United States.
Manstien’s post war writings were highly critical of Hitler and for the most part he succeeded in rehabilitating himself, in large part with the help of Western military historians and theorists of mobile warfare. These men looked at the military aspects of the war and built what amounted to a cult around Manstein and German military and other high ranking Wehrmacht critics of Hitler, with scant regard to the murderous policies of the Nazis, and the personal responsibility and participation of many of them in carrying out Hitler’s decrees. When Manstein died in 1973 at the age of 85 he was the last surviving German Field Marshal and was buried with full military honors.
While it is true that Manstein was a brilliant commander and strategist, he aided and abetted one of the most criminal regimes in history. The German magazine Der Spiegelwrote of him: “He assisted in the march to catastrophe—misled by a blind sense of duty.”
This is something that all military professionals have to guard against. I am less concerned about senior American military leaders than I was last summer, but there are men and women who though in military had or have a higher alliance to for er President Trump than the Constitution as was demonstrated on 6 January. For the moment my fears are assuaged, but I do know that many self-styled “Patriots” more enamored with White Nationalist, Authoritarian and theocratic beliefs then they are in our Constitution and democracy are serving throughout our military. They include enlisted members, officers, probably including a number of General and Flag Officers, and DOD civilians in high ranking positions. In fact Trump appointed quite a few political hacks to permanent civil service positions in DOD, State, Homeland Security and other important positions before he left office. The Biden administration is attempting to move them to positions where they cannot do damage but they are in place.
So, until tomorrow,
After Stalingrad the Soviets followed up on their success and attempted to entrap the rest of Army Group South. Field Marshall von Manstein attempted to save the Army Group and perhaps prevent the Soviets from collapsing the entire German front.
Manstein (center) planning at the front
Chaos and Peril in the South
As 6th Army died at Stalingrad field Marshall von Manstein was faced with one of the most challenging situations faced by any commander in modern times. He faced strategic and operational “problems of a magnitude and complexity seldom paralleled in history.”[i] Manstein had to deal with a complex military situation where he had minimal forces to counter the moves of a superior enemy force that was threatening to entrap all German forces in southern Russia. Additionally Manstein had to deal with the “Hitler’s obstinate opposition to a maneuver defense and a Red Army flushed with the victory of Stalingrad.”[ii]Facing him were the six Russian armies of the Voronezh and Southwestern Fronts led by Mobile Group Popov[iii]. These Armies had broken through the Hungarian and Italian armies “making a breach 200 miles wide between the Donetz and Voronezh, and were sweeping westward past Manstein’s flank.”[iv]
The most dangerous threat that Manstein faced was to Army Group A in the Caucasus. This Army Group “found itself in danger of being cut off, forcing an immediate withdraw.”[v] Disaster was averted by the desperate holding actions of Manstein’s meager forces, Army detachment’s Fretter-Pico and Hollidt, and winter conditions that made “offensive operations extraordinarily difficult, even for the hardiest Soviet troops.”[vi]
A smart withdraw executed by General von Kleist managed to extricate the Army group “just as the Stalingrad forces collapsed.”[vii] To parry the Soviet thrusts the Germans lacked forces to “establish a deeply echeloned defense” and “instead combined maneuver… with stubborn positional defense to give artificial depth to the battlefield. In this way the Germans were able to break major Soviet attacks, preventing catastrophic breakthroughs….”[viii] The timely introduction of a battalion of Tiger tanks prevented the Russians from breaking through to Rostov and “cutting the rail and road lines on which First Panzer Army’s retreat depended.”[ix] Even so the escape of the Army Group was narrow. “In terms of time, space, force, and weather conditions it was an astonishing performance-for which Kleist was made a field-marshal.”[x] With the Russians only 70 kilometers from Rostov and his own forces 650 kilometers from that city Kleist executed a withdraw “which had appeared hardly possible to achieve.”[xi] The divisions extricated by Kleist would be instrumental in the coming weeks as Manstein moved to counter the Soviet offensive.
Hitler and Manstein
Despite the successful withdraw the situation was still precarious in early February, Manstein had no effective contact with his left wing, the bulk of which was tied to Kharkov, The Russians had “virtually complete freedom of action across a fifty-mile stretch of the Donetz on either side of Izyum.”[xii] Manstein was hard pressed to “halt the raids of Mobile Group Popov and other exploiting Soviet tank corps in Operation Gallop.”[xiii] Manstein’s forces in the eastern sector had been divided by Russian penetrations, which threatened 1st Panzer Army’s western flank and blocked the Army Group’s main railway line.[xiv]
On 15 February “the SS Panzer Corps withdrew from Kharkov-in spite of orders from Hitler…that the city was to be held to the last.”[xv] SS General Paul Hausser, the corps commander realized that the order to hold Kharkov was impossible and requested permission to withdraw. This was was refused by General Lanz. Under pressure from encircling Russian forces outside and from partisans inside the city, Hausser disobeyed the order and extricated his troops,[xvi] thereby saving thousands of German soldiers and preserved the SS Panzer Corps as a fighting unit.[xvii] Lanz was relieved by Hitler for the loss of Kharkov and although Hausser would escape immediate censure, “Hitler did see it as a black mark against his name.”[xviii] With Kharkov now in Soviet hands the gap between Manstein’s army group and Field Marshal von Kluge’s Army Group Center increased to over 100 miles.[xix] It appeared that the entire German southern flank was disintegrating. Manstein estimated the ratio of German to Soviet forces in his area at 1:8.[xx] He believed that the Soviets could advance and subsequently “block the approaches to the Crimea and the Dnieper crossing at Kherson” which would “result in the encirclement of the entire German southern wing.”[xxi] Popov’s Mobile Group crossed the Donets and reached Krasnoarmeiskaia by 12 February. Vatutin committed two additional fresh tank corps toward Zaporozhe, a critical transport node which was also the location of Manstein’s headquarters.[xxii]
Tiger Tanks assigned to 1st SS Panzer Division
Hitler arrived to consult with Manstein on 17 February and remained for three days with Soviet forces perilously close. Manstein only had some flak units and the Army Group Headquarters Company between him and Popov’s advanced elements. On Hitler’s last day “some T-34’s approached to within gun range of the airfield.”[xxiii]
The conference of Hitler with Manstein at Zaporozhe as well as a previous conference at the Wolfsschanze on 6 February was critical to the development of Manstein’s plan to restore the front. Manstein had now gotten both the 1st and 4th Panzer Armies across the Don, and “with this striking force, he felt confident of smashing the Russian offensive if he was given a free hand to withdraw from the line of the Donetz, evacuate Rostov and take up a much shorter front along the Mius river.”[xxiv] The conference on the 6th was one of the “rare moments in the war where Hitler authorized a strategic withdraw on a major scale.”[xxv] Yet as the Russians continued to advance Hitler became concerned and came to Zaporozhe. At first Hitler would not concede to Manstein, as he wanted to assemble the SS Panzer Corps for an attack to recapture Kharkov.[xxvi]Manstein explained the need for a counter stroke and through much explanation was able to convince Hitler that the capture of Kharkov was not possible unless “we first removed the danger of the Army Group being cut off from its rear communications.”[xxvii]
Soviet formations advance
The Russian aim was now obvious[xxviii] and Manstein had correctly discerned their strategy. Manstein knew that his Army Group had to hold the line on the Mius and then quickly defeat the enemy between 1st Panzer Army and Army Detachment Kempf[xxix] in “order to prevent its own isolation from the Dnieper crossings.”[xxx] The Soviets had outrun their logistics support and had suffered heavy losses of their own and had serious equipment shortages.[xxxi] Manstein explained to Hitler the opportunity offered as it was now the Russians who “were worn out” and far from their supply dumps as the Germans had been in November 1942. Manstein “foresaw an opportunity to seize the operational initiative with a counter offensive of his own. Manstein’s target was the Soviet armored spearheads, still careening southwestward between Kharkov and Stalino.”[xxxii] Manstein believed that when the Russian “spearhead lunged, as it must toward the crossings on the upper Dnieper,” then Hoth’s Army would be let loose again. The three SS Panzer divisions could then “play their rightful role as avengers, and strike southeast to meet 4th Panzer Army, catching the Russian armour in a noose.”[xxxiii] Hitler agreed to Manstein’s plan and Manstein shifted 4th Panzer Army to assume control of the SS Panzer Corps, now reinforced by 3rd SS Panzergrenadier Division “Totenkopf.” Hitler reinforced Manstein and released 7 battle worn Panzer and motorized divisions for his attack.[xxxiv]
It was now Stalin’s time to miscalculate. He and his subordinates “continued to believe that they were on the verge of a great victory. German defenses in southern Russia appeared to be crumbling and the Stavka sought to expand that victory to include Army Group Center.”[xxxv] To this end they diverted armies to the north and launched attacks in that direction. However German defenses were stiff and the plan was “predicated on the assumption of continued offensive success further south.”[xxxvi] Reinforcements from Stalingrad failed to deploy and “Army Group Center’s defenses, prepared for the past year and a half proved formidable.”[xxxvii]
In the south Stalin saw the Dnieper and almost “heedlessly drove his armies towards what he thought would be the decisive victory on the banks of this huge Russian river,”[xxxviii] but, Soviet “ambitions exceeded their available resources and the skill of their commanders.”[xxxix] The SS Panzer Corps withdraw from Kharkov “further heightened the Soviet’s intoxication with victory”[xl] and confirmed their beliefs that the Germans were withdrawing. Stalin believed that “it was inconceivable that Hitler’s Praetorian Guard would abandon Kharkov except as part of a general order to retreat.”[xli] He believed that the encirclement of Army Group South would lead to a chain reaction and quick way to victory over German forces in the east. Believing that there was no way for the Germans to recover and establish a solid front on the Mius,[xlii] Stalin continued to drive his forces to attack, yet the Russian offensive in the south had reached what Clausewitz had called the “culminating point” and Stalin’s armies were now extremely vulnerable. “The weather, the devastated communications, and their own inexperience in maintaining the traffic density required to support a deep penetration on a narrow front had combined to force a dangerous dispersal of effort on the Russian advance which had broken down into four separate groups.”[xliii]
Panzers assembling to attack
The Soviet forces were now in a dangerous predicament being spread out across the entire south of Russia. One group, composed of the 69th Army and 3rd Tank Army pushed against Army detachment Kempf west of Kharkov. To the south the badly depleted 6th Army and 1st Guards Army were now “strung out down a long corridor they had opened between Izyum and Pavlograd,”[xliv] Mobile Group Popov was lagging further east near Krasnoarmeiskaia. Additional units were isolated behind the front of Army Detachment Fretter-Pico and near Matveyev. Soviet commanders believed that the Germans were in worse shape and that “the risks of dispersal were justified.”[xlv] They had not anticipated or made allowance for Manstein’s coolness under pressure and actions to preserve his armor while thinning his front “well past the accepted danger limit.”[xlvi]Likewise the Soviets did not know that the Germans had cracked the code used by the Southwest front and from 12 February on “were now privy to Popov’s and Vatutin’s thoughts,” now knowing precisely where the Russians would attack.[xlvii] Manstein had withstood temptation and Hitler’s pressure to use his reserves “for a direct defense of the Dnieper line.”[xlviii] As such he was prepared to launch a devastating counter-stroke against the dispersed and weakened Russian armies which were still advancing into the trap he planned for them. He had managed to “save his counteroffensive plan from Hitler’s shrill demands that the new reserves be thrown into battle piecemeal to prevent further territorial losses.”[xlix] The stage was now set for a two classic mobile operations.[l]
The Destruction of Mobile Group Popov, 6th Army and 1st Guards Army
Manstein launched his counter-stroke on 21 February against Popov’s Mobile Group using XL Panzer Corps under the command of General Henrici composed of the 7th and 11th Panzer Divisions and SS Motorized Division Viking. Popov’s Group was exposed. Popov had “succeed in cutting the railway from Dnepropetrovsk to Stalino and was itching to push further south to Mariupol on the Sea of Azov.”[li] The Soviets once again had failed to discern German intentions, believing that the Germans were retreating.[lii] Likewise the Soviet high command did not fully understand Popov’s situation. His force was weak in tanks and low on fuel and his Mobile Group was defeated in detail by the German Corps. Popov’s immobilized tank and motorized rifle formations resisted desperately but were bypassed by the panzers. The 330th Infantry Division mopped up the remnants of these formations.[liii] The key battles took place around the town of Krasnoarmeiskaia and the battle became a running battle between that town and the Donets River.[liv] Popov requested permission to retreat, but still believing the Germans to be retreating Vatutin gave a categorical “no.” The terrain in the area was “almost completely open”[lv] and “Popov’s proud Armoured Group was cut up like a cake.”[lvi] Popov extricated some of his units but “only after serious losses in manpower and equipment.”[lvii] Despite this it would not be until the 24th that Vatutin would order a halt to offensive operations.[lviii]
SS Panzers in Kharkov
As Popov sought to get his units out of the German scythe Manstein set his sights on 6th Army, 1st Guards Army and 25th Tank Corps which was approaching Zaporozhe.[lix] He assigned the task to Hoth’s 4th Panzer Army and its XLVIII Panzer Corps under General Knobelsdorf composed of the 6th and 17th Panzer Divisions and the SS Panzer Corps comprising SS Divisions Liebstandarte, Das Reich and Totenkopf.[lx] Manstein gave Hoth a brief but explicit order: “The Soviet Sixth Army, now racing towards Dnepropetrovsk through the gap between First Panzer Army and Army Detachment Kempf, is to be eliminated.”[lxi]
The XLVIII Panzer Corps and SS Panzer Corps were unleashed against the exposed flank of the 6th Army and 1st Guards Army. XLVIII Panzer Corps quickly “seized bridgeheads over the Samara River, and prepared to move north into the rear of the exhausted Soviet Sixth Army.”[lxii] The two Panzer Corps then made a coordinated concentric attack northwest which “came as a complete surprise to the Russians.”[lxiii]Das Reich thrust deep into the flank of 6th Army supported by Stukas from Richthofen’s 4th Air Fleet. This attack dislodged one Soviet Rifle Corps and destroyed another allowing the division to capture Pavlograd while XLVIII Panzer Corps led by 17th Panzer Division pushed from the south linking up with the SS Corps. This cut off the Soviet 25th Tank Corps and threatened 6thArmy.[lxiv] What followed was a disaster for the Russians.
Despite the overwhelming evidence to the contrary Stavka and the Soviet Front commanders still believed that the Germans were retreating. 6th Army was ordered to continue its advance by the front commander who believed that the two German Panzer Corps were withdrawing.[lxv] In a few days the 17th Panzer Division “gained the Izyum-Protoponovka sector on the Donetz River, while the SS Panzer Corps took Losovaya and established contact with Army Detachment Kempf, which had joined the attack from the west.”[lxvi] XL Panzer Corps with the 3rd and 7thPanzer Divisions and 333rd Infantry Division joined in the attack on Popov’s remaining forces completing their destruction.[lxvii]
As Hoth and Hausser converged on Pavlograd, Das Reich and Totenkopf “swung left to the east and then wheeled back north again running parallel to the Russian divisions fleeing from Forty-eighth Panzer Corps. What ensured was a turkey shoot.”[lxviii]Fleeing Russian forces on the open steppe were visible and engaged at long range.[lxix]Leibstandarte helped by holding the left flank against Russian counter attacks from the units now isolated in the west,[lxx] and Totenkopf’s Grenadiers fanned out supported by Stukas to “kill or capture as many Russians as possible.”[lxxi]
By 1 March the Russian penetrations had been eliminated. Popov’s Mobile Group was smashed, 6th Army and 1st Guards Army badly mauled. 25th Tank Corps and three Rifle divisions had to be completely written off and numerous other corps and divisions took heavy casualties. Two additional corps, encircled before the offensive began were eliminated by German forces.[lxxii] The Germans counted 23,000 Russian dead on the battlefield, and Manstein noted that “the booty included 615 tanks, 354 field pieces, 69 anti-aircraft guns and large numbers of machine guns and mortars.”[lxxiii] The Germans only took 9,000 prisoners as they were too weak, especially in infantry to seal off the encircled Soviet forces.[lxxiv] Yet the forces that escaped they were in no condition to “block the continued progress of the Panzers and SS.”[lxxv] Now there was a 100 mile gap in the Russian lines with nothing no troops to fill it and only “General Mud” could stop the Germans.[lxxvi] Manstein was not yet finished and the next phase of his operation against the Soviet formations west of Kharkov and that city were about to commence.
The Destruction of 3rd Tank Army
With the immediate threat to his Army Group eliminated and having regained the initiative, Manstein and Army Group South now “proceeded to deliver the stroke against the ‘Voronezh Front’– i.e. the forces located in the Kharkov area.”[lxxvii] But the Russians had not been idle. In order to attempt to assist 6thArmy 3rd Tank Army moved two tank corps and three Rifle divisions south and these ran into Manstein’s advancing panzers.[lxxviii] Manstein’ noted his objective now was “not the possession of Kharkov but the defeat-and if possible the destruction of the enemy units located there.”[lxxix] Between March 1st and 5th his forces advanced on Kharkov. Not knowing the Germans dispositions[lxxx]3rd Tank Army made the mistake of moving between the Leibstandarte’s defensive positions and the attacking divisions of the SS Panzer Corps. Hausser wheeled Totenkopf around and completed an encirclement of these units near Bereka on 3 March.[lxxxi] The Russians made futile attempts to break out but the SS Divisions tightened the noose around them and they were eliminated by the SS Panzer Corps which “engaged in concentric attacks during the three days of hard fighting.”[lxxxii] Even Regimental commanders like Heinz Harmel of Das Reich’s Der Fuhrer regiment became engaged in close combat with the Russians.[lxxxiii]The battle was fought in “snowstorms whose intensity caused the SS severe privations.”[lxxxiv]Totenkopf and Das Reich slammed the Russians “back against the Tiger tanks and assault guns of the Leibstandarte.”[lxxxv] The elimination of these units netted another 12,000 Russians killed,[lxxxvi] knocking “out the last remaining obstacle between the Germans and Kharkov.”[lxxxvii]
Return to Kharkov and Controversy
Manstein turned his attention to Kharkov, supported by Richthofen’s 4th Air Fleet which for the last time in Russia “provided undisputed air superiority for a major German mechanized operation.”[lxxxviii] He decided to “roll up the enemy from the flank and force him away from Kharkov in the process.”[lxxxix]He ordered a “pincer on the town, sending Grossdeutschland around to the north with a reinforced Kempf detachment and the combined force of Hoth and the SS to attack the town from the south and rear.”[xc] Manstein planned to make a wide envelopment to avoid embroiling his panzers in costly urban combat stating “that at all costs the Army Group wished to avoid Kharkov’s becoming a second Stalingrad in which our assault forces might become irretrievably committed.”[xci] To this end he sent Das Reich and Totenkopf which were approaching from the south to west of the city[xcii] while XLVIII Panzer Corps swung east toward the Donetz.[xciii] As Hoth’s forces came up from the south to envelope the city, Grossdeutschland and the XI and LI Corps fought the Russians to the north and west,[xciv] eventually moving up to Belgorod. By 8 March lead elements of the SS Panzer Corps were on the outskirts of the city.
At this point there is some controversy as to German actions. As noted Manstein wished to avoid urban combat and desired to surround the city and force its surrender. According to one writer Hoth ordered Hausser “to seal off the city from the west and north and to take any opportunity to seize it.”[xcv] Others including Glantz and House and Murray and Millett state that Hausser “ignored a direct order” and attacked into the city.[xcvi] Manstein does not explicitly say that there was a direct order but notes that the Army Group “had to intervene vigorously on more than one occasion to ensure that the corps did not launch a frontal attack on Kharkov.”[xcvii] Sydnor states that Hausser ignored a direct order by Hoth on the 11th by detailing a battalion of Totenkopf to assist Das Reich and Leibstandarte in retaking Kharkov by direct assault. The order entailed pulling Das Reich out of the city and taking it to the east.[xcviii] Lucas adds that this order came in the midst of hard fighting in the city and could not be carried out by the division.[xcix]Carell notes that on 9 March Hoth instructed Hausser that “opportunities to seize the city by a coup are to be utilized,”[c] and goes into detail regarding how Hoth’s 11March order applied to Das Reich. It was to be pulled out of action and brought east, but division was heavily engaged and in the process of breaking through Soviet defenses “quicker in fact than if he had pulled “Das Reich” out of the operation and led it all the way round the city along those terrible muddy and time wasting roads.”[ci] In the end the SS took Kharkov, Manstein said that the city “fell without difficulty”[cii] while others note the difficulty of the action and the casualties suffered by the SS. Kharkov’s capture; the defeat of Rokossovsky’s campaign against Orel and the beginning of the spring Rasutitsa ended the winter campaign and stabilized the front.
The Russian winter offensive following Stalingrad had great potential. Manstein said: “the successes attained on the Soviet side, the magnitude of which is incontestable.”[ciii] The greatest Soviet shortcomings were inexperience in conducting deep mobile operations and the inability of their logistics system to keep up with their advance. Clark notes that this was their “first experience of an offensive war of movement on a large scale.[civ] Glantz and House are not alone in noting that the “Stavka continued to undertake operations that were beyond its resources.”[cv] Murray and Millett state that they “lacked the operational focus that had marked the Stalingrad offensive.”[cvi] Had they had the resources and ability to execute their plans they might have destroyed all German forces in the south. They misread German intentions based on their own over-optimistic expectations opened their forces to Manstein’s devastating counter stroke. Von Mellenthin, possibly showing some prejudice commented that the Russian soldier “when confronted by surprise and unforeseen situations he is an easy prey to panic.”[cvii]
The Germans snatched victory out of what appeared to be certain defeat. They were aided by Russian overconfidence, mistakes and operational shortcomings. Manstein refused to panic and conserved his forces for his counterattack.[cviii] Kleist brought his Army Group out of what might have been encirclement worse than Stalingrad. Hitler for the most part gave Manstein operational freedom which he had not provided other commanders. German Panzer forces conducted mobile operations against superior enemy armored forces and bested them. Landsers held their own in at critical junctures, especially on the Mius and gave Manstein the opportunity to employ the panzers in the mobile defense.[cix]
Likewise after a miserable winter the Luftwaffe recovered its balance and the coordinated operations between it and German ground forces gave them an edge at a point where the Red Air Force was unable to support the Red Army.[cx] Above all the Germans still maintained the edge in both overall quality of generalship, especially that of Manstein and Kleist, not to exclude Hoth, Hausser and lower level commanders. Additionally the average German soldier still maintained an edge over his Soviet adversary in the confusion of mobile operations in open terrain.
Manstein and his forces gave Hitler breathing room on the eastern front.[cxi] As Clark notes: “few periods in World War II show a more complete and dramatic reversal of fortune than the fortnight in February and the first in March 1943…it repaired its front, shattered the hopes of the Allies, nipped the Russian spearhead. Above all it recovered its moral ascendancy.”[cxii]
[i] Von Mellenthin, F.W. Panzer Battles: A Study of the Employment of Armor in the Second World War. Translated by H. Betzler, Ballantine Books, New York, NY, 1971. Originally Published University of Oklahoma Press, 1956. p245
[ii] Glantz, David M. and House, Jonathan. When Titans Clashed: How the Red Army Stopped Hitler. University Press of Kansas, Lawrence, KS. 1995. p.143
[iii] Ibid. Glantz. P.143. These units include 3rd Tank Army, 1st and 3rd Guards Armies and the 6th, 40th and 69th Armies.
[iv] Liddell-Hart. B.H. Strategy. A Signet Book, the New American Library, New York, NY 1974, first published by Faber and Faber Ltd. London, 1954 and 1967. p.253
[v] Raus, Erhard. Panzer Operation: The Eastern Front Memoir of General Raus, 1941-1945. Compiled and Translated by Steven H Newton. Da Capo Press a member of the Perseus Book Group, Cambridge, MA 2003. p.185
[vi] Murray, Williamson and Millett, Allan R. A War to Be Won: Fighting the Second World War, The Belknap Press of Harvard University Press, Cambridge MA. 2000. pp.291-292
[vii] Liddell-Hart, B.H. History of the Second World War. G.P. Putnam’s Son’s, New York, NY. 1970 p.478
[viii] Wray, Timothy A. Standing Fast: German Defensive Doctrine on the Russian Front in World War II, Prewar to March 1943. U.S. Army Command and General Staff College, Fort Leavenworth, KS. 1986. p.161
[xi] Liddell-Hart, B.H. The German Generals Talk. Quill Publishing, New York, NY. 1979. Copyright 1948 by B.H. Liddell-Hart. pp.211-212.
[xii] Clark, Alan. Barbarossa: The Russian-German Conflict, 1941-45.Perennial, an Imprint of Harper Collins Books, New York, NY 2002. Originally published by William Morrow, New York, NY 1965. pp.299-300
[xiii] Glantz, David M and House, Jonathan. The Battle of Kursk. University Press of Kansas, Lawrence, KS. 1999. p.11
[xiv] Manstein, Erich von. Lost Victories. Translated by Anthony G. Powell, Zenith Press, an imprint of MBI Publishing Company, St Paul, MN. 2004. First Published as Verlorene Siege Athenaum-Verlag, Bonn, GE 1955, English edition Methuen & Company Ltd. 1958 p.417
[xvi] Carell, Paul. Scorched Earth: The Russian German War 1943-1944. Translated by Ewald Osers, Ballantine Books, New York, NY 1971, published in arrangement with Little-Brown and Company. pp.196-199
[xvii] Lucas, James. Das Reich: The Military History of the 2nd SS Division.Cassell Military Paperbacks, London, UK, 1999. First published by Arms and Armour, 1991. p.91 Glantz and House criticize Hausser saying that the SS Panzer Corps Staff lacked the experience to perform its mission. (Titans Clashed p.144) Most other commentators agree with the necessity of his withdraw.
[lix] Ibid. Glantz and House. When Titans Clashed. p.147
[lx] There is difference in various accounts as to which units composed these Panzer Corps. Von Mellenthin adds 11th Panzer to the XLVIII Panzer Corps and some accounts do not list the Liebstandarte as part of the SS Panzer Corps.
[cviii] A comment by Von Mellenthin commenting on Manstein’s coolness in the conduct of his operations compares him to Robert E. Lee. “To find another example of defensive strategy of this caliber we must go back to Lee’s campaign in Virginia in the summer of 1864. (Von Mellenthin. p.245)
[cix] For some additional comments along these lines see vn Mellenthin who notes four points in regard to the counter stroke: 1. High level commanders did not restrict the moves of armored formations, but gave them long range tasks. 2. Armored formations had no worries about their flanks because the High Command had a moderate infantry force available for counterattacks. 3. All commanders of armored formations, including corps, conducted operations not from the rear, but from the front. 4. The attack came as a surprise regarding the time and place. (Von Mellenthin p.254)
[cxi] Despite his success Hitler was not happy with Manstein in regard to giving up ground for operational purposes and Manstein would lose much of the freedom that he enjoyed by March. Wray has a discussion of this. See Wray. pp.162-163. The Nazi hierarchy actively promoted the exploits of the SS Panzer Corps and its leaders, especially the commander of the Leibstandarte Sepp Dietrich. (see Weingartner pp. 76-77) The recognition of Hausser would be delayed, some speculate as a result of his disobedience in giving up Kharkov in February.
Butler, Rupert. SS Wiking: The History of the Fifth SS Division 1941-45.Casemate, Havertown, PA. 2002
Carell, Paul. Scorched Earth: The Russian German War 1943-1944. Translated by Ewald Osers, Ballantine Books, New York, NY 1971, published in arrangement with Little-Brown and Company
Clark, Alan. Barbarossa: The Russian-German Conflict, 1941-45. Perennial, an Imprint of Harper Collins Books, New York, NY 2002. Originally published by William Morrow, New York, NY 1965
Glantz, David M and House, Jonathan. The Battle of Kursk. University Press of Kansas, Lawrence, KS. 1999
Glantz, David M. and House, Jonathan. When Titans Clashed: How the Red Army Stopped Hitler. University Press of Kansas, Lawrence, KS. 1995
Liddell-Hart, B.H. The German Generals Talk. Quill Publishing, New York, NY. 1979. Copyright 1948 by B.H. Liddell-Hart.
Liddell-Hart, B.H. History of the Second World War. G.P. Putnam’s Son’s, New York, NY.
Liddell-Hart. B.H. Strategy. A Signet Book, the New American Library, New York, NY 1974, first published by Faber and Faber Ltd. London, 1954 and 1967
Lucas, James. Das Reich: The Military History of the 2nd SS Division. Cassell Military Paperbacks, London, UK, 1999. First published by Arms and Armour, 1991
Manstein, Erich von. Lost Victories. Translated by Anthony G. Powell, Zenith Press, an imprint of MBI Publishing Company, St Paul, MN. 2004. First Published as Verlorene Siege Athenaum-Verlag, Bonn, GE 1955, English edition Methuen & Company Ltd. 1958
Meyer, Kurt. Grenadiers. Translated by Michael Mende and Robert J. Edwards. J.J. Fedorowicz Publishing Inc. Winnipeg, Manitoba. Canada. 2001
Raus, Erhard. Panzer Operation: The Eastern Front Memoir of General Raus, 1941-1945. Compiled and Translated by Steven H Newton. Da Capo Press a member of the Perseus Book Group, Cambridge, MA 2003
Sydnor, Charles W. Soldiers of Destruction: The SS Death’s Head Division 1933-1945. Princeton University Press, Princeton NJ. 1977
Von Mellenthin, F.W. Panzer Battles: A Study of the Employment of Armor in the Second World War. Translated by H. Betzler, Ballantine Books, New York, NY, 1971. Originally Published University of Oklahoma Press, 1956
Weingartner, James. J. Leibstandarte SS Adolf Hitler: A Military History, 1933-45. Battery Press, Nashville, TN.(no publication date listed)
Wray, Timothy A. Standing Fast: German Defensive Doctrine on the Russian Front in World War II, Prewar to March 1943. U.S. Army Command and General Staff College, Fort Leavenworth, KS. 1986
Today while waiting for my MacBook to download the latest operating system I watched the second day of the House Impeachment Managers prosecution of twice impeached, disgraced, former President Trump. Once again it was a masterpiece of preparation and presentation. The House Managers were exceptionally wise by not simply focusing on Trump’s incendiary speech on the White House Ellipse but going back years playing videos of him urging his voters to violence and to the violence they committed in his name.
Having actually attended one of his rallies in October 2016 trusting that my flight jacket with all my unit patches chronicling my military serve would allow me to pass relatively unnoticed, I was able to watch the rally and talk with supporters one on one. Thankfully none questioned me about my views on Trump they were just eager to share their views with a veteran. They talked about the conspiracy theories promoted by Alex Jones and QAnon, election fraud, massive amounts of racist, Antisemitic, and anti-immigrant statements. The paraphernalia they wore included clothing that espoused both racism and violence, and this was at Regent University, one of the largest and most well regarded Evangelical Christian Universities. The attendees were by and large very well off people, after all Regent is located in Virginia Beach, one of the most affluent, white, and Republican cities in Virginia. Ironically, even though Trump won here in 2016 he lost by a significant margin in 2020 and the Representative for Virginia District 2, Elaine Luria, a Democrat and retired Navy Surface Warfare officer and successful business owner won re-election. Likewise, Senator Tim Kaine carried the city.
But in 2016 Trump, who was preceded by Rudy Giuliani preached his standard stump speech which included the conspiracy theories, the lies about Hillary Clinton, threats against political opponents, and urged the crowd to violence. I was glad that I said nothing because I could have been a victim. But one of the interesting facts is that since the rally was held on private property nobody wearing any anti-Trump or pro-Hillary clothing or paraphernalia were turned away by security personnel including Secret Service officers.
The evidence produced by the Impeachment Managers was designed to cut the legs out from any arguments that his legal team might offer Friday. Once again they were dispassionate in presenting the evidence while using enough video evidence and personal experience to connect with the emotions of how normal people feel when they see the Vice President, the Speaker of the House, the Senate President Pro-Tem, in fact the entire line of succession have to flee for their lives during the insurrection that Trump organized and encouraged the assault, and did nothing to to stop it.
Their arguments were devastating from a legal, Constitutional, historical, religious and moral precedents. There is nothing in the Christian, Jewish, or Islamic religious traditions that would support a not guilty verdict. There is nothing in the Constitution, the Federalist Papers, or anything in American law to support an acquittal. There is nothing in the Greek and Roman classicists arguments about democracy and republics to support any argument to support an acquittal, nor is there anything in the Enlightenment philosophers or jurists to support a verdict of not guilty.
In fact the only argument for acquittal is that of the personal, moral, and political cowardice of the GOP Senators who are so afraid that without Trump’s violent supporters they cannot remain in office. That is cowardice. What would Abraham Lincoln who was expected to lose his bid for re-election in 1864 do? We know that, he expected that he could very well lose but he did not back down. Winston Churchill was another who refused to abandon principle even though it left him in the political wilderness of Great Britain for years until with Hitler threatening to overrun Europe and invade England he was named Prime Minister, and despite so many terrible defeats he remained firm in resisting the Nazis. Neither are they Theodore Roosevelt who when he saw the GOP being taken over by corporate and banking interests intent on harming average Americans split the GOP by running on the Bull Moose platform. He didn’t win, but neither did the GOP. Likewise, he had no hesitation in speaking the truth even when it opposed the sitting President, Woodrow Wilson who would not have been President but for Roosevelt splitting the GOP.
When criticized for his opposition of Wilson’s war policies and even threatened with death Roosevelt wrote to the editor of the Kansas City Star:
“The President is merely the most important among a large number of public servants. He should be supported or opposed exactly to the degree which is warranted by his good conduct or bad conduct, his efficiency or inefficiency in rendering loyal, able, and disinterested service to the Nation as a whole. Therefore it is absolutely necessary that there should be full liberty to tell the truth about his acts, and this means that it is exactly necessary to blame him when he does wrong as to praise him when he does right. Any other attitude in an American citizen is both base and servile. To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public. Nothing but the truth should be spoken about him or any one else. But it is even more important to tell the truth, pleasant or unpleasant, about him than about any one else.”
A criminal ex-President is not worth sacrificing one’s office, honor or everlasting reputation to defend, even if his violence filled Cult rises in opposition. I would love to see if just a dozen Republican Senators would remain faithful to their oath of office and the oath they took as jurors in Trump’s impeachment trial. Their cowardice will redound through all American history and into eternity if the God I believe in exists, but then what does eternity matter when leaders are willing to betray their oaths to suck the ass of a former President and his violent supporters who hate the Constitution, the Declaration, and all the highest ideals of our nation. Eternity matters nothing when that is at stake, because eternity and theological beliefs are all suppositional unprovable. I may believe, but I cannot prove those beliefs, and I won’t unlike Trump’s allegedly Christian Cult kill for them.
Friday Trump’s pathetic defense team will likely begin and end their defense of him using arguments false equivalence, trying to re-litigate the constitutionality of the trial itself, something already decided. They will play video of protests in Seattle, Portland, and Minneapolis out of context in order to show that the mon that attacked the Capitol was no different than those protesting the murders of Black men and women at the hands of police and private citizens. At no time did anyone call for killing the Vice President, or members of Congress. Those videos will only be shown for the benefit of the twice impeached ex-President and his Cult of violent supporters. If this was a normal criminal trial the judge would rule the defense out of order for introducing evidence completely unrelated to the crimes of the defendant.
But as I said before, this is not a normal criminal trial, otherwise jurors wouldn’t be allowed to leave the courtroom during the proceedings or meet with the defense attorneys afterward as Senators Cruz, Hawley, and Graham did today in order to plan their defense strategy.
Impeachment was designed at a time when our founders and framers believed that Senators regardless of their political beliefs would be men of integrity and make their vote based on the evidence, not their political future. Now in the light of history and humanity, we know, that unless something miraculous happens that very few men and women Senators of the Republican Party will vote to convict based on the evidence and that they will sacrifice their sacred oaths, honor, and integrity to impeach and bar Donald Trump from ever holding public office again. Their moral cowardice will encourage and foster more violence, more death and anarchy, because they decided that their honor, oaths and integrity were of less value than shit.
The defense begins tomorrow. I hope to be back in time from Richmond to see it, though I might be able to listen to it on my Sirius XM radio in my car.
I watched the second day of Donald Trump’s second Impeachment trial transfixed by the masterful way in which the House Impeachment Managers presented the documentary evidence and connecting the dots from the election night until 6 January. I struggled to think of a title for the article because the evidence was so overwhelming and massive it was hard to find just one thing.
The evidence is so overwhelming that if this were a normal criminal trial the defense attorneys would be doing all they could to make a plea bargain deal. But this is not a normal criminal trial and a large part of the Republican Senators serving as jury has sworn their undying fealty to Trump and will not honor either their oaths to the Constitution or the one they took as impeachment jurors. There is no crime evil enough for many of them to hold him accountable for his actions.
I was reminded of the closing arguments of Justice Robert Jackson at the major War Crimes Trial of senior Nazi leaders by the International Military Tribunal. In his closing Jackson said:
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.”
Many of those involved in the insurrection before during and after said that they were acting on the orders or invitation of Donald Trump. They called the police defending the Capitol “fucking traitors” as they violently assaulted them, even using the Thin Blue Line Flags, symbols of support for police to assault individual police officers.
The images of the attacks by the terrorists were connected with his tweets in real time on that day, including threats against his own Vice President were starting. Watching former Vice President Pence, Senator Mitt Romney, dozens of Senators barely avoiding potential death from the angry mob which was calling for the deaths of Pence, Speaker Nancy Pelosi and others which repeating his tweets by megaphone in real time to further enrage the mob. During the assault at least five people died or were killed, including Capitol Police Officer Brian Sicknick, mortally wounded the attackers who slammed a fire extinguisher into his head. Two officers committed suicide in the following days, 140 more police officers were wounded. How any American could not hold the twice impeached former President responsible for his role over many months beginning before the election to radicalize his base into following his command to come to Washington on 6 January for a “wild time” which he further incited to attack the Capitol that day, something based on his previous orders they came to fulfill.
Trump wanted Pence, Pelosi, Romney, Liz Cheney, Chuck Schumer and others dead. It was a deliberate attempt to seize the Capitol and assassinate them and others. Had it not been for the courage of the outnumbered Capitol and DC Metropolitan Police, the former Vice President, many Senators and Representatives would have been killed, the Capitol taken, the Electoral College certification stopped, and Trump proclaiming himself as President.
But the House Managers were very smart to trace the insurrection back to Trump’s actions before the election and after. In the sixty days after the election, beginning at 2 AM on election night. It was then that the former President spent spinning lies and conspiracy theories about how the election was being stolen from him, and inciting violent revolts and threats against the attorneys general of several states, and elections commissioners at state and county level who were then still engaged in counting votes and in which some states would involve multiple recounts none of which changed the results.
Despite that Trump’s legal teams fired off a volley of over 60 factually and legally unsupported lawsuits which were shot down by Republican majority State Supreme Courts, US District, Appeals, and even the United States Supreme Court. Undeterred, Trump continued trying to overturn the votes, including trying to force the Attorney General Georgia, on 2 January to find the exact amount of votes to make him the winner or the race. On Wednesday Georgia announced that Trump is now being investigated on criminal charges for trying to influence the results of the election.
In spite of all those facts Trump continued to incite his followers. He told them to “walk to the Capitol” and “fight like hell”. In a fiery speech lasting over twenty minutes he urged them to fight more than 20 times, while only once telling them to be peaceful. He described how the election had been stolen and that in such a case “normal rules do not apply.”
Within an hour Trump knew his private army was already inside the Capitol because even Republican Senators and Members of the House were doing all they could to get him to stop the attack. In fact 14 minutes after the terrorists breached the Capitol and Mike Pence and his family was being evacuated by his Secret Service detail Trump tweeted:
“Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”
It was hours before a joyful Trump who thought the insurgents had stopped the . When he finally released a prerecorded statement he told the insurgents “we love you” called them “patriots” and told them to “go home in peace.”
I will not go into the full timeline and events. I could but the presentation of the Impeachment Managers, Congressman Jamie Raskin, Delegate Stacy Plaskett, Congressman Eric Swalwell, Congressman Joaquin Castro, Congressman Ted Lieu, Congresswoman Madeline Dean, Congressman David Cecilline, and Congressman Joe Naguse is so damning, so overwhelming that I cannot top them.
Instead I simply put one 39 minute segment of the evidence presented by the impeachment managers at the top of this post. However, these is so much more.
Watching the events took me back to Iraq in 2007-2008 and one of the boarding missions I was on during the UN Oil Embargo on Iraq in 2002. I never believed that in my lifetime that I would see an American President attempt to overthrow an election defeat and urge his supporters to commit violence when all legal means had failed.
But besides his direct attack on our Constitution, Republic and democracy before the election until 6 January is just one of many crimes that he and his administration could be prosecuted. I am thinking of the deaths of over 400,000 Americans from COVID-19 a deadly virus that Trump knew as early as a year ago was deadlier than many people thought, but then undermined every effort to contain it or help its victims.
Then there was the treatment of refugees and would be immigrants on the United States – Mexican border including the separation of families, locking children in cages without adequate sanitary or living conditions, and the alleged forced sterilization of women in the custody of the Immigration and Naturalization service and Border Patrol in private prisons on the border, his support for far right racist and White Nationalist extremist groups including Neo-Nazis in actions all over the country which have included attacks on Synagogues, Mosques, and Black Churches.
Likewise the use of heavy handed and brutal police assaults on mostly peaceful Black Lives Matters Protesters, while ignoring looters taking advance of those demonstrations to commit crimes. The most egregious of these was led by the former President himself in broad daylight in Lafayette Park where massive numbers of Metropolitan Police, US Marshals, and numerous other Federal law enforcement agencies backed by the National Guard with active duty Army units in reserve attacked unarmed people doing nothing more than singing or chanting near St John’s Church. The attack on the protesters was notable for its lack of restraint and the President, Attorney General, Secretary of Defense and Chairman of the Joint Chiefs of Staff being involved. The SECDEF and Chairman of the JCS quickly distanced themselves from the attack and condemned it, but few others in the Administration or GOP Senators or Congressmen raised a single protest.
On Friday the former President’s defense team is planing on showing videos of BLM protestors, but more focused on the criminal looters in order to draw a moral equivalency argument. They will also show videos of House and Senate members calling for justice after the race based murders of Black Americans by police and ordinary citizens. But none ever called for an attack on the Congress, the White House or the deaths of their opponents. They insisted that the justice system from local police, sheriffs and prosecutors to the Department of Justice obey the laws against unreasonable force and violence. That will be their argument beginning Friday. They will show rioters and burning buildings but not put them in context. It will be like how the Nazis used the Reichstag Fire to seize complete political and police control and shut down opposition political parties and publications.
Sadly, that tactic may work because it plays to the inherent and often violent racism of the GOP base, and many Senators lack the moral, physical, and political courage to confront that base. Of course there are some in the Senate many in the House, and even more in the State and local GOP that are completely on board with all of this, and even now are censuring, banishing, and challenging any GOP office holder that is that 100% in for Trump. This is not the Party of Lincoln, Grant, Teddy Roosevelt, Eisenhower, Reagan or either Bush. Instead it has become a fascist, racist, theocratic, authoritarian party committed to destroying the Constitution, our Republic, Democracy, and institutions. Despite their election loss they will continue to overthrow the Republic through legal and violent means, just like Hitler’s Nazis.
As a scholar of Weimar, the Nazi Era, the Holocaust and all of the Nuremberg Trials I do not make such comments flippantly, but only in the gravest situations. Trump and his political supporters have sown the wind and our national and people are now reaping the whirlwind that President Trump is most responsible. If he is not found guilty it will green light future Presidents and elected officials to do the same or worse. Police were murdered, 140 wounded, lives threatened, our Capitol building, a symbol of liberty around the world was desecrated.
This impeachment trial is not over, but the great trial facing our country has just begun. The violence is not over.
Friends of Padre Steve's World
I welcome comments, even those which disagree with my positions and articles. I have done this for years, but recently I have been worn out by some people.
I have just a couple of rules for comments. First, be respectful of me and other commentators. If you are polite and respectful' even if I disagree with you your comment will be posted and I will respond accordingly.
That being said I will not allow people to hijack the comment section to push their religious or ideological views. Unless the comment deals with the meat of the article, don't expect me to allow you to preach, especially if you are a racist, anti-Semetic, or are a homophobe.
Nor will I allow spam comments. Most of those are automatically blocked by Wordpress but some do get through, and deal with them accordingly.