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McCarthy to Cohn to Trump and Judgment at Nuremberg: Will You Make Your Life Excrement or Tell the Truth?

Friends of Padre Steve’s World,

I have written about the classic film Judgment at Nuremberg many times. I am doing it again because I have been doing a lot of reading about some of the other war crimes trials conducted in post-World War II Germany, and I have been following the abject racism and white nationalism being espoused at the 2020 Republican National Convention, which might was we’ll be called the Trump Party Coronation Celebration, rather than anything that ever related to a political convention staged by any political party in American History.

In fact the GOP has subordinated itself to Trump so much that they did not even bother to publish a party platform, other than pledge their undying and absolute loyalty to the policies and actions of Trump; which change from minute to minute because of his emotional immaturity, need for control and approval, even the approval of bonafide dictators like Russia’s Putin, China’s Xi, North Korea’s Kim, and Turkey’s Erdogan. The list of dictators he admires could go on and on, but I will leave it with them, because honestly such pathetic people bore me, as does Trump. Like them, Trump will lie underneath the dung heap of history whether he wins this election or not, because there is nothing redeeming in his life, character, or actions.

Today I am following my writings about Trump and the 2020 Trump Coronation with another post regarding two of the most riveting monologues in film history, from the great drama, Judgement at Nuremberg, which is unique not simply because it dealt with the trial of the Nazi Judges, but because it took direct aim at the actions of Senator Joe McCarthy, and others who spread fear and terrorized the nation in the name of Blind patriotism and toxic nationalism. That makes it doubly interesting, but to twist the pretzel a bit further, McCarthy’s chief counsel and advisor was Roy Cohn, the future advisor and mentor to President Trump. There can be no greater connection of evil in American Politics, and it sounds like the perfect double play of evil, McCarthy to Cohn to Trump.

McCarthy and Roy Cohn and Trump and Cohn Below

 

McCarthy was directly responsible for the deaths of many and his shameless campaign to destroy the lives and reputations of thousands of loyal and decent Americans of all walks of life. This included men General and Secretary of State George Marshall, who not only helped lead the Allies to victory in the Second World War, but helped engineer the Berlin Airlift and the Marshall Plan to bring Western Europe out of the abyss of war and Naziism.

Sadly, when McCarthy launched his attack on Marshall, Marshall’s friend and colleague of many years, Dwight Eisenhower did not speak up for him for fear of losing Wisconsin in the 1952 election. He won the state handily not needing the support of McCarthy.  However, Eisenhower, instead of making a frontal attack to condemn McCarthy decided to let McCarthy burn himself out. In the following year and a half McCarthy ruined more lives and had the highest approval rating of any politician, in the land, has except Eisenhower. Then, riding high in the polls  McCarthy went after the Army, accusing its leaders of being Communists or supporting Communism. However, the counsel for the Army, Joseph Welch went on the attack and  destroyed McCarthy and his campaign of lies and smears. His classic reply to McCarthy and Cohn was devastating, interrupting Cohen’s diatribe Welch exclaimed “Senator; you’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?” It was a pivotal moment. Afterward, McCarthy’s polls crashed, the hearing were ended, Cohn resigned as McCarthy’s Counsel and McCarthy was censured by the Senate. He never recovered his previous prominence.  He died at the age of 48 of hepatitis. That being said a significant part of the American political Right Wing still admires McCarthy just as they do Trump. The reason as Welch asked McCarthy and Cohn I ask any defender of Trump: “Have you no sense of decency, sir? At long last have you no sense of decency?” Of course that is a rhetorical question, because anyone who would defend Trump today has surrendered all decency.

So on to Judgment at Nuremberg… 

In this segment of the film, which is a fictionalized version of the Judges Trial, Burt Lancaster plays an accused German Judge and Spencer Tracy plays the role of Chief Judge Dan Heywood who gives his verdict is one of the most telling sequences in cinema regarding what it means to be an American. I used to show it in the first session of my military ethics class at the Staff College and since the majority of my students had never seen the film, it usually left them in silence. So tonight I am just going to leave it with you to watch, read, and contemplate. Ask yourself, who are we, and what do we stand for?

https://www.americanrhetoric.com/MovieSpeeches/moviespeechjudgmentatnuremberg1.html

This is especially true when the President, politicians of the majority party in the legislature, pundits, and politically minded preachers make no bones that they have every intent of persecuting those who are of certain races, religions, or political beliefs that they abhor, often using the most scurrilous charges, and outright lies in order to demonize them, dehumanize them, and  open the door for normal, decent, and even brilliant people to justify government sponsored cruelty and injustice that defies the ideals of the Declaration of Independence, the Gettysburg Address, and the Constitution itself.

Please, watch the videos and read the text. Ponder them your heart, because they speak to something that is not a historical aberration, not just a dramatic film, but something that affects the human condition and is present right here and right now in our own country.

First we deal with Lancaster and his portrayal of Ernst Janning, who in any other time would have been and remained a respected jurist with an international following. At the end of the trial he interrupted his defense attorney played by Maximilian Schell to say:

“There was a fever over the land. A fever of disgrace, of indignity, of hunger. We had a democracy, yes, but it was torn by elements within. Above all, there was fear. Fear of today, fear of tomorrow, fear of our neighbors, and fear of ourselves. Only when you understand that – can you understand what Hitler meant to us. Because he said to us: ‘Lift your heads! Be proud to be German! There are devils among us. Communists, Liberals, Jews, Gypsies! Once these devils will be destroyed, your misery will be destroyed.’ It was the old, old story of the sacrificial lamb. What about those of us who knew better? We who knew the words were lies and worse than lies? Why did we sit silent? Why did we take part? Because we loved our country! What difference does it make if a few political extremists lose their rights? What difference does it make if a few racial minorities lose their rights? It is only a passing phase. It is only a stage we are going through. It will be discarded sooner or later. Hitler himself will be discarded… sooner or later. The country is in danger. We will march out of the shadows. We will go forward. Forward is the great password. And history tells how well we succeeded, your honor. We succeeded beyond our wildest dreams. The very elements of hate and power about Hitler that mesmerized Germany, mesmerized the world! We found ourselves with sudden powerful allies. Things that had been denied to us as a democracy were open to us now. The world said ‘go ahead, take it, take it! Take Sudetenland, take the Rhineland – remilitarize it – take all of Austria, take it! And then one day we looked around and found that we were in an even more terrible danger. The ritual began in this courtoom swept over the land like a raging, roaring disease. What was going to be a passing phase had become the way of life. Your honor, I was content to sit silent during this trial. I was content to tend my roses. I was even content to let counsel try to save my name, until I realized that in order to save it, he would have to raise the specter again. You have seen him do it – he has done it here in this courtroom. He has suggested that the Third Reich worked for the benefit of people. He has suggested that we sterilized men for the welfare of the country. He has suggested that perhaps the old Jew did sleep with the sixteen year old girl, after all. Once more it is being done for love of country. It is not easy to tell the truth; but if there is to be any salvation for Germany, we who know our guilt must admit it… whatever the pain and humiliation.

I had reached my verdict on the Feldenstein case before I ever came into the courtroom. I would have found him guilty, whatever the evidence. It was not a trial at all. It was a sacrificial ritual in which Feldenstein, the Jew, was the helpless victim.

Hans Rolfe: Your Honor, I must interrupt. The defendant is not aware of what he’s saying. He’s not aware of the implications!

Janning: I am aware. I am aware! My counsel would have you believe we were not aware of the concentration camps. Not aware. Where were we? Where were we when Hitler began shrieking his hate in Reichstag? Where were we when our neighbors were being dragged out in the middle of the night to Dachau?! Where were we when every village in Germany has a railroad terminal where cattle cars were filled with children being carried off to their extermination?! Where were we when they cried out in the night to us. Were we deaf? Dumb?! Blind?!!

Hans Rolfe: Your Honor, I must protest!

Janning: My counsel says we were not aware of the extermination of the millions. He would give you the excuse: We were only aware of the extermination of the hundreds. Does that make us any the less guilty? Maybe we didn’t know the details. But if we didn’t know, it was because we didn’t want to know.

Emil Hahn: Traitor! Traitor!

Judge Haywood: Order! Order! Order! Put that man [Hahn] back in his seat and keep him there.

Janning: I am going to tell them the truth. I am going to tell them the truth if the whole world conspires against it. I am going to tell them the truth about their Ministry of Justice. Werner Lammpe, an old man who cries into his Bible now, an old man who profited by the property expropriation of every man he sent to a concentration camp. Friedrich Hofstetter, the “good German” who knew how to take orders, who sent men before him to be sterilized like so many digits. Emil Hahn, the decayed, corrupt bigot, obsessed by the evil within himself. And Ernst Janning, worse than any of them because he knew what they were, and he went along with them.

Ernst Janning, who made his life excrement, because he walked with them.

The next is the summation of the trial by Judge Haywood.

https://www.americanrhetoric.com/MovieSpeeches/moviespeechjudgmentatnuremberg3.html

“The trial conducted before this Tribunal began over eight months ago. The record of evidence is more than ten thousand pages long, and final arguments of counsel have been concluded.

Simple murders and atrocities do not constitute the gravamen of the charges in this indictment. Rather, the charge is that of conscious participation in a nationwide, government organized system of cruelty and injustice in violation of every moral and legal principle known to all civilized nations. The Tribunal has carefully studied the record and found therein abundant evidence to support beyond a reasonable doubt the charges against these defendants.

Herr Rolfe, in his very skillful defense, has asserted that there are others who must share the ultimate responsibility for what happened here in Germany. There is truth in this. The real complaining party at the bar in this courtroom is civilization. But the Tribunal does say that the men in the dock are responsible for their actions, men who sat in black robes in judgment on other men, men who took part in the enactment of laws and decrees, the purpose of which was the extermination of humans beings, men who in executive positions actively participated in the enforcement of these laws — illegal even under German law. The principle of criminal law in every civilized society has this in common: Any person who sways another to commit murder, any person who furnishes the lethal weapon for the purpose of the crime, any person who is an accessory to the crime — is guilty.

Herr Rolfe further asserts that the defendant, Janning, was an extraordinary jurist and acted in what he thought was the best interest of this country. There is truth in this also. 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 at through 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.”

Think about it. I hope in the age of the faux patriotism and blind racist nationalism of the Trump Regime that it makes you uncomfortable as hell if you follow him unequivocally, or turn a blind eye to his crimes.

Have a nice night.

Peace,

Padre Steve+

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They Thought They Were Free: the Germans 1933-45 and the GOP 2016-2020

they thought they were free

Friends of Padre Steve’s World,

As I Continue to follow the rhetoric coming out of the Trumpublican Party at their their Virtual Nuremberg Rally, am re-posting an article about one of the most important books that was published in the years following the Second World War. That book is Milton Mayer’s They Thought They Were Free. 

It is one of the most powerful books I have ever read was Milton Mayer’s “They Thought They Were Free: The Germans 1933-1945.” Mayer was a visiting professor at the University of Frankfurt in the 1950s and lived in a small Hessian town near the city. The book is about the relationships that he built with ten ordinary citizens in the town and how they lived under Nazism and how most saw little wrong with it in the end.

The book is well worth the read and very timely when one compares the attitudes of the men who became Mayer’s friends and many people in the United States today. The last few chapters of the book are a reflection of the author’s opinions of the future of Germany at the time of his writing and he was mistaken on how the Germans would eventually become a society that embraced democracy and rejected authoritarianism (at the time he felt that it was very possible that democracy would fail in Germany,) they do not take away anything from the heart of the book and its message about how people adjust to authoritarian rule.

One chapter in particular struck me, it was a conversion that Mayer had with a colleague at the University who also reflected what it was like to live in the Third Reich and how in doing so he compromised himself and lost the opportunity to resist when resistance might have changed the course of events as Germany proceeded down the road to dictatorship and destruction. The chapter is particularly painful to read as the man understood that he should have known better but didn’t recognize the warning signs of the gradual nature of how life was changing with each new law or dictate from the Fuhrer.

In reading the chapter I see parallels in American society today. There are the Trump loyalists, many of who openly call for restrictions of liberty and crushing opposition to the President’s policies using extra-constitutional means including violence. I have watched videos and interviews with Trump supporters over the past few years, particularly after Charlottesville, the QANON inspired “Pizzagate,” and following the murder of George Floyd the President gave a speech at the White House Rose Garden and then unleashed Federal Police of multiple agencies and the Washington DC National Guard launch an all out attack on peaceful demonstrators in Lafayette Park and outside Saint John’s Church, following which accompanied by the Attorney General, Secretary of Defense, and Chairman of the Joint Chiefs of Staff marched through the chaos to get a photo op, holding a Bible every which way imaginable until he figured out which way was up. Ever since he was elected some of his followers have openly discussed resorting to violence, killing opponents, and civil war if Trump is removed from office or is defeated in the 2020 election. Sadly, these are not a stand alone video, there are others much like it, as well as blog posts, Twitter and Facebook posts, and other social media platforms. One of Tuesday’s speaker’s Abby Johnson, an anti-abortionist activist has said that Mixed Race children, particularly those that have a Black parent and a White parent are more likely to be criminals than purely White children. That is even worse than how the Nazis viewed mixed race German-Jewish people. And the woman calls herself pro-life. What have we come to?

That being said there are many Trump supporters who through traditions long established in the United States: a distrust of Government authority, the media, academics, supposed leftists and socialists, and finally racial, ethnic, or religious minorities follow him. Sadly for the last 40 years they have been subjected to the incessant drumbeat of those ideologies through right wing talk radio, internet “news” sights and Fox News well meaning and decent people have absorbed race hatred and conspiracy theories, just like regular people in Germany in the late 1920s and early 1930s willingly surrendered their wills to Adolf Hitler and his Nazi Party. 

 

As I said, many Trump supporters are quite extreme And violent, while others, persuaded by years of right-wing talk radio, politically charged sermons by their pastors, and the daily dose of Fox News now believe everything said by the President even when confronted by facts.

Then there are Trump’s opponents, but many of the opponents were divided and could not get along with each other in order to thwart Trump.  Some of these opponents actually helped Trump into office by circulating the Russian anti-Hillary Clinton conspiracy theories and falsehoods throughout the 2016 campaign. I think things are different now, but one cannot say what the end will be.

While both parties have true believers and fanatics, there is another segment comprised of the people who simply go with the flow because life is too busy and crisis laden to get too deeply enmeshed in the political debate, and many have become so cynical that they see no difference in either side and are much more concerned about making it paycheck to paycheck, and pray to live as the Coronavirus 19 cuts a swath of death through the American population, and the economy crashes with an over 10% unemployment rate and businesses shuttering forever as Trump and the GOP close off help to all but their richest business and banking allies.

Meanwhile Trump’s Virtual Nuremberg Rally continues with it’s complete submission and worship of Trump the Messiah, the one alone can fix everything, even as they state blatantly racist propaganda like the supposedly pro-life (read anti-abortion) 

When his eventually falls, which men like always do, his followers, be they true believers or those who simply followed because it seemed to be better for them will face a reckoning, with the crimes that they either cooperated or allowed by looking the other way.

So I invite you to read this and draw your own conclusions. Have a great day.

Peace

Padre Steve+

Chapter 13: But Then It Was Too Late

“What no one seemed to notice,” said a colleague of mine, a philologist, “was the ever widening gap, after 1933, between the government and the people. Just think how very wide this gap was to begin with, here in Germany. And it became always wider. You know, it doesn’t make people close to their government to be told that this is a people’s government, a true democracy, or to be enrolled in civilian defense, or even to vote. All this has little, really nothing, to do with knowing one is governing.

“What happened here was the gradual habituation of the people, little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information which the people could not understand, or so dangerous that, even if the people could not understand it, it could not be released because of national security. And their sense of identification with Hitler, their trust in him, made it easier to widen this gap and reassured those who would otherwise have worried about it.

“This separation of government from people, this widening of the gap, took place so gradually and so insensibly, each step disguised (perhaps not even intentionally) as a temporary emergency measure or associated with true patriotic allegiance or with real social purposes. And all the crises and reforms (real reforms, too) so occupied the people that they did not see the slow motion underneath, of the whole process of government growing remoter and remoter.

“You will understand me when I say that my Middle High German was my life. It was all I cared about. I was a scholar, a specialist. Then, suddenly, I was plunged into all the new activity, as the university was drawn into the new situation; meetings, conferences, interviews, ceremonies, and, above all, papers to be filled out, reports, bibliographies, lists, questionnaires. And on top of that were the demands in the community, the things in which one had to, was ‘expected to’ participate that had not been there or had not been important before. It was all rigmarole, of course, but it consumed all one’s energies, coming on top of the work one really wanted to do. You can see how easy it was, then, not to think about fundamental things. One had no time.”

“Those,” I said, “are the words of my friend the baker. ‘One had no time to think. There was so much going on.’”

“Your friend the baker was right,” said my colleague. “The dictatorship, and the whole process of its coming into being, was above all diverting. It provided an excuse not to think for people who did not want to think anyway. I do not speak of your ‘little men,’ your baker and so on; I speak of my colleagues and myself, learned men, mind you. Most of us did not want to think about fundamental things and never had. There was no need to. Nazism gave us some dreadful, fundamental things to think about—we were decent people—and kept us so busy with continuous changes and ‘crises’ and so fascinated, yes, fascinated, by the machinations of the ‘national enemies,’ without and within, that we had no time to think about these dreadful things that were growing, little by little, all around us. Unconsciously, I suppose, we were grateful. Who wants to think?

“To live in this process is absolutely not to be able to notice it—please try to believe me—unless one has a much greater degree of political awareness, acuity, than most of us had ever had occasion to develop. Each step was so small, so inconsequential, so well explained or, on occasion, ‘regretted,’ that, unless one were detached from the whole process from the beginning, unless one understood what the whole thing was in principle, what all these ‘little measures’ that no ‘patriotic German’ could resent must some day lead to, one no more saw it developing from day to day than a farmer in his field sees the corn growing. One day it is over his head.

“How is this to be avoided, among ordinary men, even highly educated ordinary men? Frankly, I do not know. I do not see, even now. Many, many times since it all happened I have pondered that pair of great maxims, Principiis obsta and Finem respice—‘Resist the beginnings’ and ‘Consider the end.’ But one must foresee the end in order to resist, or even see, the beginnings. One must foresee the end clearly and certainly and how is this to be done, by ordinary men or even by extraordinary men? Things might have. And everyone counts on that might.

“Your ‘little men,’ your Nazi friends, were not against National Socialism in principle. Men like me, who were, are the greater offenders, not because we knew better (that would be too much to say) but because we sensed better. Pastor Niemöller spoke for the thousands and thousands of men like me when he spoke (too modestly of himself) and said that, when the Nazis attacked the Communists, he was a little uneasy, but, after all, he was not a Communist, and so he did nothing; and then they attacked the Socialists, and he was a little uneasier, but, still, he was not a Socialist, and he did nothing; and then the schools, the press, the Jews, and so on, and he was always uneasier, but still he did nothing. And then they attacked the Church, and he was a Churchman, and he did something—but then it was too late.”

“Yes,” I said.

“You see,” my colleague went on, “one doesn’t see exactly where or how to move. Believe me, this is true. Each act, each occasion, is worse than the last, but only a little worse. You wait for the next and the next. You wait for one great shocking occasion, thinking that others, when such a shock comes, will join with you in resisting somehow. You don’t want to act, or even talk, alone; you don’t want to ‘go out of your way to make trouble.’ Why not?—Well, you are not in the habit of doing it. And it is not just fear, fear of standing alone, that restrains you; it is also genuine uncertainty.

“Uncertainty is a very important factor, and, instead of decreasing as time goes on, it grows. Outside, in the streets, in the general community, ‘everyone’ is happy. One hears no protest, and certainly sees none. You know, in France or Italy there would be slogans against the government painted on walls and fences; in Germany, outside the great cities, perhaps, there is not even this. In the university community, in your own community, you speak privately to your colleagues, some of whom certainly feel as you do; but what do they say? They say, ‘It’s not so bad’ or ‘You’re seeing things’ or ‘You’re an alarmist.’

“And you are an alarmist. You are saying that this must lead to this, and you can’t prove it. These are the beginnings, yes; but how do you know for sure when you don’t know the end, and how do you know, or even surmise, the end? On the one hand, your enemies, the law, the regime, the Party, intimidate you. On the other, your colleagues pooh-pooh you as pessimistic or even neurotic. You are left with your close friends, who are, naturally, people who have always thought as you have.

“But your friends are fewer now. Some have drifted off somewhere or submerged themselves in their work. You no longer see as many as you did at meetings or gatherings. Informal groups become smaller; attendance drops off in little organizations, and the organizations themselves wither. Now, in small gatherings of your oldest friends, you feel that you are talking to yourselves, that you are isolated from the reality of things. This weakens your confidence still further and serves as a further deterrent to—to what? It is clearer all the time that, if you are going to do anything, you must make an occasion to do it, and then you are obviously a troublemaker. So you wait, and you wait.

“But the one great shocking occasion, when tens or hundreds or thousands will join with you, never comes. That’s the difficulty. If the last and worst act of the whole regime had come immediately after the first and smallest, thousands, yes, millions would have been sufficiently shocked—if, let us say, the gassing of the Jews in ’43 had come immediately after the ‘German Firm’ stickers on the windows of non-Jewish shops in ’33. But of course this isn’t the way it happens. In between come all the hundreds of little steps, some of them imperceptible, each of them preparing you not to be shocked by the next. Step C is not so much worse than Step B, and, if you did not make a stand at Step B, why should you at Step C? And so on to Step D.

“And one day, too late, your principles, if you were ever sensible of them, all rush in upon you. The burden of self-deception has grown too heavy, and some minor incident, in my case my little boy, hardly more than a baby, saying ‘Jewish swine,’ collapses it all at once, and you see that everything, everything, has changed and changed completely under your nose. The world you live in—your nation, your people—is not the world you were born in at all. The forms are all there, all untouched, all reassuring, the houses, the shops, the jobs, the mealtimes, the visits, the concerts, the cinema, the holidays. But the spirit, which you never noticed because you made the lifelong mistake of identifying it with the forms, is changed. Now you live in a world of hate and fear, and the people who hate and fear do not even know it themselves; when everyone is transformed, no one is transformed. Now you live in a system which rules without responsibility even to God. The system itself could not have intended this in the beginning, but in order to sustain itself it was compelled to go all the way.

“You have gone almost all the way yourself. Life is a continuing process, a flow, not a succession of acts and events at all. It has flowed to a new level, carrying you with it, without any effort on your part. On this new level you live, you have been living more comfortably every day, with new morals, new principles. You have accepted things you would not have accepted five years ago, a year ago, things that your father, even in Germany, could not have imagined.

“Suddenly it all comes down, all at once. You see what you are, what you have done, or, more accurately, what you haven’t done (for that was all that was required of most of us: that we do nothing). You remember those early meetings of your department in the university when, if one had stood, others would have stood, perhaps, but no one stood. A small matter, a matter of hiring this man or that, and you hired this one rather than that. You remember everything now, and your heart breaks. Too late. You are compromised beyond repair.

“What then? You must then shoot yourself. A few did. Or ‘adjust’ your principles. Many tried, and some, I suppose, succeeded; not I, however. Or learn to live the rest of your life with your shame. This last is the nearest there is, under the circumstances, to heroism: shame. Many Germans became this poor kind of hero, many more, I think, than the world knows or cares to know.”

I said nothing. I thought of nothing to say.

“I can tell you,” my colleague went on, “of a man in Leipzig, a judge. He was not a Nazi, except nominally, but he certainly wasn’t an anti-Nazi. He was just—a judge. In ’42 or ’43, early ’43, I think it was, a Jew was tried before him in a case involving, but only incidentally, relations with an ‘Aryan’ woman. This was ‘race injury,’ something the Party was especially anxious to punish. In the case at bar, however, the judge had the power to convict the man of a ‘nonracial’ offense and send him to an ordinary prison for a very long term, thus saving him from Party ‘processing’ which would have meant concentration camp or, more probably, deportation and death. But the man was innocent of the ‘nonracial’ charge, in the judge’s opinion, and so, as an honorable judge, he acquitted him. Of course, the Party seized the Jew as soon as he left the courtroom.”

“And the judge?”

“Yes, the judge. He could not get the case off his conscience—a case, mind you, in which he had acquitted an innocent man. He thought that he should have convicted him and saved him from the Party, but how could he have convicted an innocent man? The thing preyed on him more and more, and he had to talk about it, first to his family, then to his friends, and then to acquaintances. (That’s how I heard about it.) After the ’44 Putsch they arrested him. After that, I don’t know.”

I said nothing.

“Once the war began,” my colleague continued, “resistance, protest, criticism, complaint, all carried with them a multiplied likelihood of the greatest punishment. Mere lack of enthusiasm, or failure to show it in public, was ‘defeatism.’ You assumed that there were lists of those who would be ‘dealt with’ later, after the victory. Goebbels was very clever here, too. He continually promised a ‘victory orgy’ to ‘take care of’ those who thought that their ‘treasonable attitude’ had escaped notice. And he meant it; that was not just propaganda. And that was enough to put an end to all uncertainty.

“Once the war began, the government could do anything ‘necessary’ to win it; so it was with the ‘final solution of the Jewish problem,’ which the Nazis always talked about but never dared undertake, not even the Nazis, until war and its ‘necessities’ gave them the knowledge that they could get away with it. The people abroad who thought that war against Hitler would help the Jews were wrong. And the people in Germany who, once the war had begun, still thought of complaining, protesting, resisting, were betting on Germany’s losing the war. It was a long bet. Not many made it.”

Copyright notice: Excerpt from pages 166-73 of They Thought They Were Free: The Germans, 1933-45 by Milton Mayer, published by the University of Chicago Press. ©1955, 1966 by the University of Chicago. All rights reserved. This text may be used and shared in accordance with the fair-use provisions of U.S. copyright law, and it may be archived and redistributed in electronic form, provided that this entire notice, including copyright information, is carried and provided that the University of Chicago Press is notified and no fee is charged for access. Archiving, redistribution, or republication of this text on other terms, in any medium, requires the consent of the University of Chicago Press. (Footnotes and other references included in the book may have been removed from this online version of the text.)

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