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:
Rudolf Hess
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.
Wilhelm Keitel
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.
Ernst Kaltenbrunner
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.
Alfred Rosenberg
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.
Hans Frank
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.
Wilhelm Frick
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.
Julius Streicher
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”.
Walter Funk
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.
Hjalmar Schacht
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.
Karl Dönitz
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.
Erich Raeder
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.
Fritz Sauckel
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.
Alfred Jodl
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.
Arthur Seyess-Inquart
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.
Albert Speer
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.
Hans Fritzsche
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.
Martin Bormann
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.
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.
Thank you,
Peace,
Padre Steve+
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.
Sophie Scholl Memorial at the University of Munich
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.
Memorial Stones to Sophie and members of White Rose outside the University of Munich
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.
A Small Marker commemorating Sophie and fellow helpers near the Ostbahnhof in Munich
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.
Sophie said:
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?
Sorry I haven’t posted for what seems like four or five days. However, I spent most of Friday, Saturday, and Sunday until 4:30 AM until my eyes couldn’t make out what I was reading or writing. I got a few hours of sleep, went to a medical appointment and when I returned about 1:00 PM on Monday. I spent until about 10;15 Monday night to completing my picture reference page for my book “Mine Eyes Have Seen the Glory!” Racism, Religion, Ideology and Politics in the Civil War Era and their Continuing Importance.”
Let me tell you, and to use a Southern colloquialism believe you me, the parallels with out current time are well to say the least just a bit frightening, especially when dealing with a Racist and Religious White Nationalist insurgency which has many former or current members of the military or law enforcement agencies organized as heavily armed unauthorized so-called and unconstitutional Militias.
This is what makes the book so important now because violent attempts to overthrow elected governments at the state level
Let me tell you that you wouldn’t believe what a pain is the ass that is when original manuscript, mostly incited and not having high enough pixel resolution to use in the final, fully referenced section you have know idea how difficult it is. First you have to choose the photos, eliminate over half, and then find both tell the story and help evoke the emotional reaction that all the text requires. Facts, truth, and accuracy matter a lot to me, but when it comes to history rather than fiction or fantasy most people are oblivious unless they see videos, films, pictures that both grab them and shake their very souls. Unfortunately books don’t have film or video, so picture, drawings, and paintings have to be carefully chosen in order to truthfully grab whatever decency and humanity they have to make the point. Interestingly some of the best are basically political opinion cartoons. Sometimes just one well doe frame can convey a message more powerfully than a thousand words or text.
So I spent close to thirty hours to properly catalogue and size, and then ensure appropriate credit and reference for about 30 picture, about a third of which were not in the original draft manuscript. I had no idea something that seemed so simple could be so complicated.
Tomorrow I need to figure out how to deposit my materials in the publisher and agent’s online deposit boxes. I also need to get my wish list of would be influencers prepared for my agent, or as I will call them Padre Steve’s propaganda department, send my W-9 Tax form to the publisher to start getting paid, and do an Acknowledgment section. I don’t want to forget all those who inspired and encourage me in this endeavor as well as the five manuscripts in the pipeline, one A Great War in an Age of Revolutionary Change, which deals with the economic, technological, sociological, military and political aspects of the American Civil War. It shouldn’t take too much work to make it publication ready, before I begin the big work on my Holocaust Remembrance book Walk, Remember, Bear Witness: Ensuring that the Holocaust is not Forgotten or Repeated as the last Survivors pass Away.
Of course, I have my yet unnamed Gettysburg Trilogy which despite being over 800 pages long needs a lot more work, editing and the stuff that proves to be such a pain in the ass, doing the index and photo credits. I do like the writing and editing much more. Maybe once I get some good money flowing in from teaching, the books, and doing military history staff rides and Holocaust pilgrimages to the sites the Nazis committed their crimes and were later served justice I’ll need to hire a really detail oriented flunky; excuse me, assistant who will be capable of asking me questions and thinking on their feet. I don’t don’t do well with ignorance, incompetence, lack of integrity or laziness well.
I also have to get talk to my agent about how to make clean copies of the manuscript free of all the code that went into creating the index and putting the pictures I so he can get it out to my propagandists, or, I’m sorry, rather influences in either print or electronic form so they can spread the gospel of Padre Steve. Believe me, that is not nearly as malevolent as it sounds, I have just re-binge watching The Blacklist with James Spader playing the notorious international concierge of crime Raymond Reddington.
So until the next time I get a chance to post I leave you with this thought from Reddington: “So often people overestimate themselves, misapply their gifts. Wisdom is learning the boundaries of one’s designated lane.”
Until then, have a good night and better tomorrow.
Seventy-six years ago today the Soviet Red Army’s 100th Division liberated the Auschwitz Concentration Camp. There were somewhere between 7000 and 9000 prisoners left in the camp when the Soviet soldiers liberated it. The camp’s crematoria had been destroyed as well as most of the gas chambers. The SS had evacuated most of the surviving inmates and slave laborers by forced march to railhead miles away from the camp, in order to take them to other Concentration Camps deeper in Germany; Buchenwald, Bergen-Belsen, Ravensbruck, and others.
Even though Auschwitz was liberated, the Nazis continued to exterminate Jews at other camps. Likewise in vain attempts to cover up their crimes and keep killing Jews through forced labor conducted forced marches in freezing winter weather to keep them from being liberated. These marches were both deadly and inhuman. Even Heinrich Himmler the supreme architect of the policy of annihilation had forbidden them in order to escape justice at the hands of the Allies who he was already attempting clandestine contact. Many of these actions were the work of SS Lieutenant Colonel Adolf Eichmann who supervised the Holocaust after the death of his chief, Reinhard Heydrich. Even though the Third Reich was collapsing under the hammer blows of the Western Allies and Soviets, and the defection of critical allies like Finland, Hungary, Romania, and Bulgaria from the Axis fold.
Even Rudolf Höss the former Commandant of Auschwitz, who admitted to killing over one and a half-million Jews, was appalled by the senseless brutality of what he saw. Höss, the meticulous killer of millions, was shocked by the columns of emaciated and Jews, with no winter clothing or in many cases not even shoes that that he witnessed. These were the people Eichmann marched from Budapest and other cities and camps to Austria and Czechoslovakia in late 1944 and 1945. to keep the Russians from liberating them, even against the orders of Heinrich Himmler himself. But Eichmann felt the heartbeat of Adolf Hitler who remained determined to kill every last Jew in German held Europe as he led Germany into its Götterdämmerung.
There have been many episodes of genocide in human history, but none were more pointedly directed at a single group of people based on race hatred than the Holocaust of the Nazis and their allies against the Jews. While it is true that the Nazis exterminated millions of other people than the nearly six million Jews they dispatched during the Holocaust, but they were secondary targets of his race hatred. This is important, as the late Christopher Hitchens noted:
“We should not at all allow ourselves to forget the millions of non-Jewish citizens of Belarus, Russia, Ukraine, and other Slav territories who were also massacred. But for me the salient fact remains that anti-Semitism was the regnant, essential, organizing principle of all the other National Socialist race theories. It is thus not to be thought of as just one prejudice among many.”
Hitchens was right, without the primary Nazi hatred and determination to obliterate the Jews from the face of the earth, their other atrocities would never occurred. Today, that rabid anti-semitism is again raising its evil head in Eastern and Western Europe, the Middle East, and even in the United States. We have seen it in the resurgence of heavily armed and violent Neo-Nazi and White Supremacist groups in the United States whose ranks include current and former military personnel and law enforcement officers. The same is true in Europe. In the United States many members of these Anti-Semitic militant groups led the attack on the United States Capitol after being incited to do so by for ex-President Donald Trump.
Red Army officers and soldiers who had seen the worst of Nazi atrocities committed in Russia, the Belarus, the Ukraine and the Baltic states were unprepared for what they witnesses when the liberated Auschwitz:
Battle-hardened soldiers who were used to death were shocked by the Nazis’ treatment of prisoners. Red Army general Vasily Petrenko, commander of the 107th Infantry Division, remarked, “I who saw people dying every day was shocked by the Nazis’ indescribable hatred toward the inmates who had turned into living skeletons. I read about the Nazis’ treatment of Jews in various leaflets, but there was nothing about the Nazis’ treatment of women, children, and old men. It was in Auschwitz that I found out about the fate of the Jews.”
Ivan Martynushkin, then a 21-year-old lieutenant recounted his experience at Auschwitz in 2015:
“We saw emaciated, tortured, impoverished people…. Those were the people I first encountered. … We could tell from their eyes that they were happy to be saved from this hell. Happy that now they weren’t threatened by death in a crematorium. Happy to be freed. And we had the feeling of doing a good deed — liberating these people from this hell.” He told the Daily Mail: “I had seen towns destroyed…. I had seen the destruction of villages. I had seen the suffering of our own people. I had seen small children maimed. There was not one village which had not experienced this horror, this tragedy, these sufferings.”
He was not alone.
Commander Vasily Gromadsky was one of the first to enter the “death camp”:
There was a lock on the gate. I didn’t know if it was the main entrance or what. I ordered men to break the lock. There wasn’t anyone there. We walked another 200 meters and saw prisoners in striped shirts running towards us, about 300 of them.
We became wary, since we had been warned that the Germans could be in disguise. But they were real prisoners. They were crying, embracing us. They told us that millions of people had been killed there. I can still remember them telling us how the Germans had sent 12 wagons of baby carriages from Auschwitz.
Journalists from the 38th army Usher Margulis and Gennady Savin entered the camp after the soldiers. This what they remember:
We entered the brick building and looked inside the rooms. The doors weren’t closed. In the first room there was a huge pile of children’s clothes: little coats, jackets, sweaters, many of them with bloodstains. In the next room there were boxes filled with dental crowns and golden dentures. In the third room there were boxes with woman’s hair. And then a woman [a prisoner – Russia Beyond] brought us to a room filled with boxes with women’s bags, lampshades, wallets, purses and other leather items. She said: “All this is made from human skin.”
After Auschwitz was liberated, the Soviets appointed a new commandant was to administer the town, Grigory Yelisavetinsky. On Feb. 4, 1945 he wrote to his wife:
“There’s a children’s barrack in the camp. Jewish children of all ages (twins) were taken there. The Germans carried out experiments on them as if they were rabbits. I saw a 14-year-old boy whose veins had been injected with kerosene for some “scientific” purpose.
Then a piece of his body was cut off and sent to a laboratory in Berlin, while it was replaced with another piece of the body. Now he lies in a hospital all covered with deep rotting ulcers and nothing can be done to help him. There’s a beautiful girl walking around the camp. She’s mad. I’m surprised that not all the people here have gone mad.”
Eva Mozes Kor was 10 years old when she spotted the soldiers. She was one of a group of hundreds of children who had been left behind, and she had endured medical experiments during her imprisonment. She remembered how the soldiers gave her “hugs, cookies and chocolate….We were not only starved for food but we were starved for human kindness.”
The human kindness of the Soviet Soldiers characterized the liberation. The shocked soldiers helped set up hospitals on site, and townspeople volunteered to help. For months, Polish Red Cross workers labored to save the dying and treat the living, working without adequate food or supplies and helping prisoners get in touch with their loved ones. About 7,500 of those liberated on 27 January 1945 survived.
It is impossible for an objective person to deny these facts. Hate crimes against Jews are blossoming around the world like toxic mushrooms. The new perpetrators are the descendants of the former perpetrators, Protestant, Catholic, and Orthodox Christians, Muslims, and secularists who embrace the same social Darwinism that motivated many of the Nazis and many are central to the ever growing core or Holocaust Deniers.
Or course the non-Muslim opponents of the Jews today also despise dark skinned minorities, non-Christians, not to mention atheists. secularists, and political liberals and progressives, even if they are White and Christian, thus what Hitchens says is still as accurate as it was when he wrote those words.
So here we are, Holocaust Remembrance Day, 2021. The question is, will we allow it to happen again? The late Iris Chang, who documented the Rape Of Nanking noted: “to forget a holocaust is to kill twice.” Sadly, I believe that without a sea change in public opinion and knowledge about the Holocaust, genocide, and anti-semitism we will see it happen again. The attack on the Capitol was just a foretaste of what they would do if they even succeed in taking power.
But will we allow it to happen again? I would hope not, but I have to say that human nature and the course of events is leading me to believe that it will happen again, maybe even in our lifetime.
That may be difficult to accept, but it is reality. What is the alternative to telling the truth? Except to perpetuate a lie, except to take the side of the perpetrators, and those who would do the same today. That includes many of former President Trump’s most loyal supporters, Evangelical Christians who while outwardly allying with Israel, only do so in that their interpretation of Biblical prophecy might be fulfilled. That interpretation is that Christians will be raptured from the earth, and during a seven year Great Tribulation the Anti-Christ will conquer his foes and that in the end over two-thirds of all Jews will be killed, while the surviving Jews convert to follow Christ. Evangelical Christianity’s beliefs about Israel are not out of love or concern for Jews, the nation of Israel, but to use them to promote their own political and theological agendas. If I was a Jew of any kind I would reject any of their offers.
Honestly, I cannot deem such politicized and racist theology to be Christian, or respectful and considerate of the elder brother of the Christian faith, Judaism, without which Christianity wouldn’t exist. Let me repeat that. Without Judaism Christianity would not exist, and the treatment of the Jews by the Christian Church has been shameful for the majority of its existence. I say that as a Christian.
In the 1930s and 1940s the Nazis created the euphemism the Jewish Question in order to remove the aspect of humanity from their policy. It wasn’t about human beings, it was about people that they considered sub-human minority that they were able to demonize to expedite their elimination. Hitchens wrote:
“Die Judenfrage,’ it used to be called, even by Jews. ‘The Jewish Question.’ I find I quite like this interrogative formulation, since the question—as Gertrude Stein once famously if terminally put it—may be more absorbing than the answer. Of course one is flirting with calamity in phrasing things this way, as I learned in school when the Irish question was discussed by some masters as the Irish ‘problem.’ Again, the word ‘solution’ can be as neutral as the words ‘question’ or ‘problem,’ but once one has defined a people or a nation as such, the search for a resolution can become a yearning for the conclusive. Endlösung: the final solution.”
Thus, once one labels the Jews, or for that matter any other despised minority a question, or a problem, we place ourselves on the path to to Genocide. But the Trump administration and his followers did that since 2015 regarding Mexicans and other Hispanics, Arabs, Haitians, Sub-Saharan Africans, and too many others. Many died, women were forcibly sterilized by physicians employed or contracted by the our Border and Emigration departments.
That is why I cannot be silent. I have to proclaim the words of Ellie Wiesel:
“I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.”
Silence it no longer an option, and to again quote Wiesel: “For the dead and the living, we must bear witness.”
We must bear witness, for if we do not it will happen again. Humanity is the one constant in history, and there are no exceptions once one begins down the path to labeling the fate of races, nations, and peoples a question or a problem which they can resolve with a solution, the more comprehensive, total, or final, the better. There are certainly plenty of people, including Trump’s closest advisors who would make draconian laws in order to enable the government to commit genocide.
Historian Yehuda Bauer wrote:
“The horror of the Holocaust is not that it deviated from human norms; the horror is that it didn’t. What happened may happen again, to others not necessarily Jews, perpetrated by others, not necessarily Germans. We are all possible victims, possible perpetrators, possible bystanders.”
In the wake of an number of situations that I have seen and have watched in morbid fascination be debated on my Facebook, and Twitter timelines, as well a potential Holocaust Denier who commented on my blog a year ago, I realize that with the prevailing attitudes being stoked by men like former President Trump, his media supporters, and sadly, far too many Conservative Christians, that a Holocaust not unlike Hitler’s will quite probably happen again, and the Jews, followed by the Trump Cult’s liberal political opponents, American Blacks, Muslims, Mexican and Central American immigrants and refugees and a multitude of others find themselves the targets of first political and economic isolation followed by legal or extralegal means of political persecution, imprisonment, and extermination. Just read and listen to what members of the GOP, political pundits, and yes right wing political preachers say, preach, or write.
I will fight it, butI have no doubt of the power, passion, and petulance of people consumed by race hatred under the guise of patriotism. They are going to undercut any Constitutional liberties of their opponents and will misused the Constitution, our laws, or even Christian theology to bring on another Holocaust.
27 January is important, but the work of preventing even worse still remains. There are no “good Nazis or White Supremacists” today. I will be damned if I do not fight them by any means fair or unfair. I will identify them, show their faces and make them defend themselves and their beliefs in public, because they are indefensible. Such people should be publicly identified and shamed. If they commit crimes as they did on 6 January they should be prosecuted to the maximum extent of the law, and I include the former President, the Senators, and Representatives, state office holders, military personnel active, reserve, and retired, and law enforcement officers who aided and abetted that assault on our country, democracy, and Constitution. They are insurrectionists who are guilty of inciting sedition and rebellion against the United States, who are still intent on their revolution to overturn our government, a valid election, and our Constitution. They are worse than the Confederate rebels, they are no different than the Nazis, and any American of any political party, religious affiliation, or race should disavow them and oppose them at every opportunity.
This is a time to stand against these criminals masquerading as Senators and Congressmen, and oppose their attempts to destroy the American experiment for an authoritarian, fascist, racist, and theocratic dictatorship which will certainly bring forth another Holocaust, and yes, Jews will be the primary target before anyone else.
I do battle with Holocaust deniers and Neo-Nazis on an almost daily basis. Some have threatened my life and that of my family for over a decade and most of them also call themselves Christians. That I cannot allow to go unrevealed and I will expose them for who and what they are. I will not resort to violence, but if need be I will defend myself with whatever means necessary as I will my Jewish friends and anyone else’s whose lives are threatened by the current Neo-Nazi and White Supremacist and others committed to perpetuating the lies and violence of America’s leading Fascist, former President Donald John Trump.
Marcus Aurelius wrote, “If someone is able to show me that what I think or do is not right, I will happily change, for I seek the truth, by which no one was ever truly harmed. It is the person who continues in his self-deception and ignorance who is harmed.”
But before I say anything else I just want to thank you for taking the time out of your schedule to read, comment and even share what I write. That matters to me and a good number of you have followed my writings for years. So I truly thank you from the bottom of my heart, and if you like what you see please comment and share with others.
As I get older I realize how valuable time is. There are few commodities that truly cannot be replaced or conserved, time is one that is always fleeting. As Dr. Suess said:
“How did it get so late so soon? It’s night before it’s afternoon. December is here before it’s June. My goodness how the time has flewn. How did it get so late so soon?”
That being said I am not a fan of New Year’s resolutions, in fact I generally don’t make any because frankly I think that most are a waste of time. However, I do not think that the pursuit of truth is a waste, and as Benjamin Disraeli noted so wisely; “Time is precious, but truth is more precious than time.”
This New Year has driven that home as I experienced and am still experience various medical and dental situations that disrupted my retirement preparation. At 11:59 and 59 seconds my 39 year, 4 month and 6 day military career comes to a close. Judy and I will toast in the new year with a French Rose sparkling wine rather than a Champagne. Likewise I will follow that up with a dram of 18 year old Glenfiddich Scotch Single Malt. Retirement after a career such as mine should be savored and what better way with a dram of than beautiful nectar of the Scottish Highlands, but I digress…
But before I go on I have to say that I count my blessings even in the midst of one of the most disastrous years in recent world history. While I completely expected soon to be ex-President Trump and his Cult to try to destroy the country and Constitution to attempt to keep him in power. That being said, I think that I might have underestimated their continued attempts to overthrow the humiliating election loss that Trump experienced. However, he and they are pathological in their underhanded, unconstitutional, disingenuous, and treasonous attempts to overthrow our system of government and replace it with an authoritarian and theocratic dictatorship as the country goes through its greatest crisis since the Great Depression and the 1918 Great Influenza Pandemic.
These damned people are sociopaths. During the Coronavirus-19 Pandemic have done all they can to increase the infections and death count, and they don’t care. As of tonight a minimum of over 350,000 Americans have died from this virus. Over TWENTY-MILION Americans have been infected. Many of those no longer infected still are afflicted with the conditions that COVID-19 brought on. Likewise there are nearly Eight Million open cases with a new mutation that spreads significantly faster than the original now spreading in the United States, which ensures that more deaths will occur because even if it is not more deadly, more people get infected and thus more people die.
To that end, being retired from the Navy and military gives one a certain amount of latitude than being on active duty. So this year the batteries are unleashed and I will be able to speak the truth without fear of retribution. I get to be a whistleblower, activist, and spokesperson for those under attack because of their race, ethnicity, gender, religion, lack thereof or anything else. I get to be an unabashed defender of civil rights and speaking openly for the truth. Damn, I am happy to have that freedom.
So as I did last year and in previous years I am going to endeavor this year to commit myself to continue to seek truth and to speak truth, wherever that takes me. Truth matters to me. In my life I have seen so many lies, especially by political and religious leaders that I trusted that I now devote myself to the pursuit of truth. As Captain Jean Luc Picard told the young Cadet Wesley Crusher in Star Trek the Next Generation episode The First Duty: “the first duty of every Starfleet officer is to the truth, whether it’s scientific truth, historical truth or personnel truth…”
So, I will continue to write, especially about historical subjects that have an impact today: civil rights and social justice, faith, military issues, PTSD and military health issues, the Middle East conflicts and a number of other topics. Of course I will write about baseball, which is often my refuge when things are too much for me and music. I will write about Bayern München Fußball. The German Bundesliga, the European Champions League and International Football including the World Cup and Olympics.
I will continue to be as transparent as I can about my own struggles with PTSD, Moral Injury and faith in the hopes that my journey will help others who struggle like me. In fact this was a major reason that I started this site back in February of 2009.
Expect me to continue writing about the Battle of Gettysburg and the Civil War. Likewise expect me to deal with I have a feeling that that is going to become a life work. The American Civil War is so pertinent to who and what we are as a nation and the more I study it, the people, the issues and the ideologies involved I see many parallels with today; some of which are positively frightening. So expect a lot more about these subjects. In fact the Civil War is one in which debunked myths still hold sway over many, especially among the defenders of the Lost Cause who predominate the Christian Right.
I really do look forward to the publication of my book “Mine Eyes Have Seen the Glory!” Racism, Religion, Ideology and Politics in the Civil War Era and their Continued Importance” by Potomac Books, a division of University of Nebraska Press.
In addition to that I expect to be going back to some of my older research and writing about the social, religious, political, and ideological dynamics of Weimar and Nazi Germany and how similar that are to some things going on now in our own country. I have the outline of a draft book “Walk, Remember, Bear Witness:” Ensuring the Holocaust is Remembered as the Surviving Witnesses Pass Away.”
I will also speak out against racial and religious discrimination, for the rights of African Americans, Hispanics, immigrants, the LGBTQ community and others who have been persecuted and marginalized by White Supremacists and theocratic Christians during the reign of the Donald Trump and his criminal cabal. These sons of itches want to twist the Constitution’s guarantees of religious liberty for all to support their discrimination in civil law against those who do not agree with them. I will fight them with wholehearted vigor without the restraints I had on active duty. Even this week I had one of these theocratic Trump cultists attack me in my comments section. After his second attack I put him on notice because I know who he is, where he lives, what he tweets and much more. These SOBs are so damned arrogant and stupid. Frankly they are lucky that God has much more forgiveness and grace than I do, otherwise I would gather my own band of paramilitary basterds and start taking scalps and carving Swastikas on their foreheads.
Many of the theocrats and White Nationalists use the mantra of “cancel culture” to define their grievance. But that is a lie. What they want to perpetuate is a While lies are dangerous the myths can be more so, and the proliferation of lies, half-truths and myth have shriveled the brain cells of those who enjoy the comfort of opinion without the benefit of thought. President John F. Kennedy spoke of this in 1962, and his words are timely, especially when hordes of preachers, pundits and politicians, the Trinity of Evil, do this with abandon:
“The great enemy of truth is very often not the lie–deliberate, contrived and dishonest–but the myth–persistent, persuasive and unrealistic. Too often we hold fast to the clichés of our forebears. We subject all facts to a prefabricated set of interpretations. We enjoy the comfort of opinion without the discomfort of thought.”
To do this I have to constantly challenge my own thoughts, beliefs, and opinions. So with that resolution I wish you a good day and a Happy New Year. Thank you for reading, sharing, commenting, and encouraging me.
I wish you all a happy and blessed New Year. I pray that you will remain safe and take all protections against COVID-19 for your sake and that of your families and loved ones.
That being said there can be no time off, there can be no stop to the fight because our opponents will not stop their attacks on our Republic, Constitution, or the ideals that prompted our founders to write these words in our Declaration of Independence: “We hold these truths to be self-evident that all men are created equal, and endowed by their Creator with certain unalienable rights; among them life, liberty, and the pursuit of happiness.”
In November of 1863 Abraham Lincoln appealed to the Preamble of the United States Constitution in his Gettysburg Address:
“But, in a larger sense, we cannot dedicate — we can not consecrate — we can not hallow — this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.”
We Americans like to think that we have come so far and have risen above the monstrous ideologies of race hatred and anti-semitism. Sadly we have not and the evil that most recently raised it’s head during the Presidency of Barack Obama went into overdrive with the election and approval of President Trump. Whether willingly or unwillingly Trump will leave office on January 20th the lingering of his open racism will remain with us in the shattered remains of the Republican Party which because Trump and his sycophants own the Republican National Committee. Any Republican who challenges him will be crushed by his cult, who have no loyalty to the GOP or the country. Their allegiance is to Trump alone regardless of how washed up and irrelevant he will be. This is because he validated what they already believed. But I digress…
I have a policy about Holocaust denial on my site. If someone denies the Holocaust or tries to minimize it I delete their post. Over the fast five years most of these people are Trump Cultists, especially so called “Evangelical Christians.”
That might sound somewhat restrictive, but I will not give them the space on my site to posit their race hatred and justification of genocide in any way shape or form. It used to be that I would spar with them, but I realized that by doing so I gave them a sense of acceptability, and when some proceeded to make physical threats against me for opposing their ideas I realized that I couldn’t go down that road anymore.
That being said, every so often I get comments from Holocaust deniers, as well as Japanese deniers of the Rape of Nanking and other Japanese atrocities in Asia during the 1930s and World War II. The Japanese Nanking deniers are almost always Right Wing revisionists and hyper-nationalists who subscribe to the racial theory that the Chinese and other non-Japanese are less than human. But I’ve never had an American take issue with Nanking. That being said almost all of my holocaust deniers are Americans who not only deny the Holocaust, but who subscribe to the most base and repulsive theories of anti-Semitism, and White Supremacy. I find that fascinating in a very clinical way.
I say that because I am inherently suspicious. If someone tells me a story or posts something attacking me for something I write here, or post on my Facebook or Twitter feeds I do my best to not take the comments personally, while recognizing their seriousness, especially if threats to my life or my family are involved. Thus I tend to ask myself “Why this? Why me? Why now?”My Clinical Pastoral Education Supervisor at Parkland Memorial Hospital called this using a hermeneutic of suspicion, because everybody lies, especially to Priests, Ministers, Rabbis, and other clergy. But, when the President and his entourage lie with such ease to change what they did as they did this week at the Trump Party Convention, as it now is the Republican Party in Name Only, one cannot assume anything they say to be the truth. When a President uses the powers of his office for his profit and political gain it is an abuse of power and a violation of the Hatch Act which forbids every Federal employee from the President to the lowliest janitor, clerk, or military recruit to use Federal property, equipment, or resources for financial gain or partisan politics.
Sadly, since the day of his inauguration until this very day President Trumpclaims that he is not only above the law, but that his word is the law. His enablers, cabinet officials and most of his party’s senators, representatives, as well as sate and officials fall in line with Trump’s, demands, edicts, and policies in a manner completely different than if President Obama and Clinton, or candidates Kerry, Gore, or Clinton had made them. In the former case they jump to attention in defense of a would be dictator and madman, but would have fought to the death if uttered or proposed by a Democrat. But when a Presidential Candidate like Trump says that he would not lose a vote among his supporters even if he shot and killed someone on New York’s Fifth Avenue, one knew at that moment that the GOP was no longer a political party, but a personality cult of nearly religious dimensions,unless they had subscribed to the ideology of the cult. Just because he will be leaving office doesn’t mean that the cult won’t continue to stand by him, until perhaps someone like him but smarter, less lazy, and more driven captures their imagination.
To be sure, Trump was no Hitler, though his words continue to sound more and more Hitlerian every day. I will not call the President a Nazi, though he has give tacit support to Neo-Nazi and White Supremacist groups and frequently engages in racist diatribes. That being said I do believe that he has strong Nazi leanings based on his comments about Jews, his disparaging words about racial, ethnic, and religious minorities, as well as those who are physically disabled or chronically ill. These statements of mine are all based on public comments, tweets, or actions he has taken. While he may not be a Nazi, he certainly is acting as any authoritarian leader would, and we have to heed the warning of Russian dissident Gary Kasparov:
“dictators & would be autocrats do not ask “Why?” when it comes to using power for their advantage. They ask “why not?
Today I am writing about the Holocaust Deniers that post on this site or my Twitter or Facebook pages. A few years ago I had one response to this article The Justification of Genocide: Race Hatred and the Quest for Living Space by shouting “you fear open debate.” His blog address was listed on the post, so I used some internet tools and went to town. I found plenty of racist, pro-Nazi, and Holocaust denial posts and links made by him as well as an amazingly strong support for President Trump’s racist polices on immigration, and against American Blacks, Jews, and other minorities. So whenever one of these Internet drive by cowards comes to my page I check them out and find that many, if not most of them are incredibly racist, nihilistic and sadistic Narcissistic Sociopaths emboldened by their Chief, President Trump.
But the reality is that such people fear open debate because when they engage in it they are exposed for the frauds that they are. Some like the English defender of all things Hitler and Holocaust denier, David Irving had the nerve to sue American Jewish historian Deborah Lipstadt for libel in a British court where she would have to prove her innocence as opposed to an American court where he would have had to prove that she had libeled him. Even in that setting Irving lost. If you want to see a great film, watch the movie adaptation of the trial entitled “Denial.”It is worth watching.
A while back I had another Holocaust Denier who ripped into me about the Nazi massacre of Ukrainian Jews at Babi Yar, in which over 33,771 Jews were marched out of Kiev and shot on the 29th and 30th of September 1941. There were 29 survivors who managed to escape the death pits by feigning death and climbing out after dark. Massacres of more than 100,000 other people, mostly non-Jews continued until November. The number of Jews killed was documented by the Commander of the Sonderkommando 4a of Einsatzgruppe C which conducted the massacre. The Einsatzgruppe men were assisted by troops from two Police Battalions and Waffen SS troops with Logistical and security support from the Wehrmacht. Both the records of the Einsatzgruppe and the testimony of SS men who took part is damning enough, yet my denier critic had the nerve to say “There was no such massacre – it is just another example of war time atrocity propaganda.”
I since he decided to leave his comment, email address, and website exposed, I decided to do a little investigation and found that he is full of these zingers On other blogs and news sites, as well as an avid supporter of President Trump. He plays fast and loose with the number of Jews killed in the Holocaust and claims that “It is currently illegal in many European nations to question the official or generally accepted account of the holocaust of European Jewry during the Second World War.” Of course that is not true, in fact in most of Europe the archives are open, the documents assessable, and the evidence undeniable.
Riot police rush protestors to clear Lafayette Park and the area around it across from the White House for President Donald Trump to be able to walk through for a photo opportunity in front of St. John’s Episcopal Church (seen at rear), during a rally against the death in Minneapolis police custody of George Floyd, near the White House in Washington, U.S. June 1, 2020. REUTERS/Ken Cedeno
The problem is that the evidence is so great that any to deny it or attempt to revise it deserves both public ridicule and academic scorn. So instead of actually trying to disprove the facts they turn to obvious lies, just as President Trump and his enablers have done with the COVID19 Pandemic and Trump’s both incompetent and evil handling of it, his handling the economic collapse that followed, and absolutely racist and authoritarian response to the protests following the death of George Floydat the hands of the Minneapolis Police, used massive force to clear peaceful protestors from Lafayette Park and the area around St. John’s Church to have a photo-op with a Bible that he could not figure how to hold. He couldn’t tell which way was up with it. It was then, that for the first time in my life, felt that an American President had threatened mine as a Priest and Navy Chaplain. But I digress, as closely as this attack is linked to what I am writing about today.
There are laws against Holocaust denial in many European countries precisely because it was such a horrific chapter in human history that it cannot be minimized or defended, but there are no such laws here, just as there are no laws against those who promote the evil, bloodthirsty, racist, and treason laden lies of the Noble South, the Virtues of Slavery, the less than human status of Blacks, and the villainous myth of the Lost Cause.All of these put newly emancipated slaves back into a condition of slavery by another name for another century and more. The repugnant racism of the rebellion for slavery still runs strong in much of the United States and it is not confined to the eleven states of the Civil War Confederacy, but throughout much of the country.
Not surprisingly most of the Holocaust Deniers, are also the proponents of Manifest Destiny, American Exceptionalism, the Noble South, the Lost Cause, Jim Crow and Segregation, as well those that oppose the Constitutional civil and voting rights of Blacks, Women, and other minorities To include LGBTQ+ people of every race, gender, ethnicity, and religion. This is extraordinarily dangerous, because such people have no scruples against killing those that they hate.
James Morcan in his book Debunking Holocaust Denial Theories wrote something very true that I am all too aware of:
“Unfortunately, the historicity of the Holocaust has been undermined and chipped away at by the exact same sinister forces that created the genocide in the first place: racists, religious bigots and the most paranoid type of conspiracy theorists who, together, are uniting – often unwittingly – to form a new wave of anti-Semitism that will not willingly accept the obvious facts of the past. This chipping away (at the truth) began slowly and insidiously – much like the Holocaust itself – but sadly, and worryingly, it is gathering pace.”
It is interesting to read through the man who posted that I was afraid of honest debate, to go to his blog and see that his issue is not about anti-Semitism, as he is exceptionally anti-Semitic, nor is it about the killing of the Jews, just the number of Jews killed. It seems that if he, like the other deniers can somehow lessen the number of Jews killed, that it becomes more acceptable, and over time forgettable. I will not open this site up to Holocaust deniers. One of those deniers is Charles Johnson who was invited to the State of the Union Address in 2018 by Congressman Matt Gaetz. In an interview Johnson responded to the question “what are your thoughts on the Holocaust, WW2, and the JQ in general?” (JQ is short for the Jewish Question) His response was telling.
“I do not and never have believed the six million figure. I think the Red Cross numbers of 250,000 dead in the camps from typhus are more realistic. I think the Allied bombing of Germany was a war [sic] crime. I agree…about Auschwitz and the gas chambers not being real.”
Johnson denies being a Holocaust denier and touts his support for Israel, like many others like him do, but his words ring hollow. Moreover his words are all too indicative of what he really believes, and worse of all he is accepted by leading members of the Republican Party. Such associations do nothing but serve to legitimatize Holocaust Deniers and make their arguments more acceptable, after all, if a President and leading Congressmen espouse a position and associate with its proponents, it must have merit. Of course it doesn’t but when there is a dearth of historical knowledge and general indifference it does not take much for such men to motivate others to violence. As Lipstadt noted about David Irving, and I would extend to people like Johnson: “People like David Irving do not throw firebombs. They throw the words that can cause others to throw those firebombs.”
The sad thing for us as a nation is that quite a few Holocaust deniers, have the ear of the President, people in his administration, and Republican Congressmen. This makes this topic all too relevant. As Marc Bloch wrote “we can truly understand the past only if we read it in light of the present.”
Now, some 40 hours after the end of the Trump Show, otherwise known a
The Constitution that I swore to defend against all enemies, foreign and domestic remains under attack by President Trump and his Cult.According to the oath that every Federal, and many state officials swear to defend, President Trump and his supporters are ENEMIES of the Constitution, the Country, and its citizens.
In one of his speeches from March 14th of this year Trump declared:
“I can tell you I have the support of the police, the support of the military, the support of the Bikers for Trump – I have the tough people, but they don’t play it tough — until they go to a certain point, and then it would be very bad, very bad,”
It nearly killed me to write this article, but how can one not see what is going on and not speak up about it? I love my country, I have swore a sacred oath to defend the Constitution against all enemies foreign and domestic, and now see for the first time in my life a man committed to destroying the Constitution and ruling as a dictator intent on destroying the American Experiment running for re-election on a personal platform little different than Adolf Hitler or Benito Mussolini even though he lost his re-election bid. As the great American Naval hero of the Revolutionary War, John Paul Jonesreplied to his British Opponent: “Surrender? I have not yet begun to fight!”And fight I will, as General Henning Von Tresckow said in the attempt to kill Hitler: “We have to show the world that not all of us are like him. Otherwise, this will always be Hitler’s Germany.”
But men like Hitler and any other authoritarian leader including President Trump who has used his office for personal gain, the persecution of the most vulnerable in our society, bulldozed the Constitutional and the unwritten norms that serve as the guardrails of our political system. He has allowed 350,000 Americans to die of Coronavirus 19 and almost twenty million more to be infected. Hundreds of thousands will suffer the physical and emotional damage of that terrible virus. Trump and his Cult worked ceaselessly to impair scientists and public health officials attempts to control the virus until vaccinations could be developed and now they hinder their deployment and cast doubt on their efficacy. These actions are nothing less than criminal negligence leading to the mass murder of American citizens of all walks of life including some of his most high level supporters like Herman Cain.
Though Trump lost the election decisively he and the Cult continue to try to reverse the election doing all they can to overturn the Constitution and law to do it. I fear that if they are given the slightest bit of credibility this will always be Trump’s America, even when Biden takes office. But, there are still three weeks before Biden’s inauguration, and I put nothing past Trump to try to remain in power. That included unleashing social unrest and violence, or entering into a war with Iran. Should he do so expect that he will attempt to implement personal loyalty oaths to him, the mass arrests of political opponents, and the unleashing of his most violent followers backed by the police on political opponents and racial, religious and other “undesirables.” or those they dream to be “Life Unworthy of Life.”
The perpetrators could possibly include the military unless the Generals and Admirals decide to stop him. I don’t think that will happen and no sane person one wants that, because most of us who value the Constitution believe that the military should be as apolitical as possible and remain out of politics. However, since his election defeat he has placed loyalists in senior positions in the Defense Department means that he is not going to go without a fight. I expect that the Joint Chiefs and the Combatant Commanders would refuse illegal orders, but that is not entirely certain.
Herbert Hoover used active duty Army units under the command of Douglas MacArthur and George Patton to attack veterans of the First World War demanding their war bonuses early because the were jobless and homeless during the Great Depression. It was one of the most egregious, amoral, and unconstitutional actions of an American President against American citizens, and to make that matters worse attacking war veterans and their families with active duty Army troops, Marines, and police, even using tanks and chemical agents.
But if the President basically overturns the Constitution and attempts to seize power, they are the last bastion to save the republic from destruction and will have to act. Despite his attack on the Bonus Army, Hoover was unwilling to try to overturn the constitutional guardrails between the Executive, Legislative, or Judicial branches of government. But Hoover, was no Trump. Many other military officers wanted no part of Hoover’s use of the military.
Today’s military leaders have to remember their oaths as all that serve in government must. They must remember the words of General Ludwig Beck who resigned as head of the German Army in 1938 and died in the attempt to kill Hitler on July 20th 1944:
“Final decisions about the nation’s existence are at stake here; history will incriminate these leaders with bloodguilt if they do not act in accordance with their specialist political knowledge and conscience. Their soldierly obedience reaches its limit when their knowledge, their conscience, and their responsibility forbid carrying out an order.”
Beck also noted:
“It is a lack of character and insight, when a soldier in high command sees his duty and mission only in the context of his military orders without realizing that the highest responsibility is to the people of his country.”
I do believe that we are now at the precipice, standing at the edge of the abyss and that unless Trump is thwarted in attempt to overthrow the results of the 2020 election, it might have been the last free election held in this country. One cannot assume otherwise.
We have to remember the warnings of historian Dr. Timothy Snyder who wrote in his book On Tyranny:
“The hero of a David Lodge novel says that you don’t know, when you make love for the last time, that you are making love for the last time. Voting is like that. Some of the Germans who voted for the Nazi Party in 1932 no doubt understood that this might be the last meaningfully free election for some time, but most did not. Some of the Czechs and Slovaks who voted for the Czechoslovak CommunistParty in 1946 probably realized that they were voting for the end of democracy, but most assumed they would have another chance. No doubt the Russians who voted in 1990 did not think that this would be the last free and fair election in their country’s history, which (thus far) it has been.
But form me there is a certain timeless component of God’s justice on such people. The German Pastor and theologian Dietrich Bonhoeffer who ended up dying for his connection to the German conspirators against Hitler wrote:
“The fearful danger of the present time is that above the cry for authority, be it of a Leader or of an office, we forget that man stands alone before the ultimate authority and that anyone who lays violent hands on man here is infringing eternal laws and taking upon himself superhuman authority which will eventually crush him. The eternal law that the individual stands alone before God takes fearful vengeance where it is attacked and distorted. Thus the Leader points to the office, but Leader and office together point to the final authority itself, before which Reich or state are penultimate authorities. Leaders or offices which set themselves up as gods mock God and the individual who stands alone before him, and must perish.”
Bonhoeffer’s words are timeless and should send a chill through anyone who claims the Name of Christ, and supports what Trump is doing, and those who oppose Trump for whatever reason and no-matter what their religion or ideology happens to be. We want our fight to be non-violent and follow the norms of our American Constitutional system as it was intended. We do not want to take violent action or undermine our sacred oaths and values as Americans as eschew violence, and promote intelligent and non-violent speech and protest against the crimes of President Trump and his racist and authoritarian followers, including those in Congress, the Justice Department, and too many Law Enforcement organizations and officers. Sadly, it has been demonstrated time after time that peaceful protests will be met with violence and propaganda justifying it.
Please remember that and vote as if our life depended on it and that this may be your last chance to vote in a meaningful election. If you don’t you may never have a meaningful chance to do so again.
In twenty four hours I will be officially retired from the United States Navy and Army after almost four decades of service. That being said my oath remains forever, and my commitment to the Constitution and our laws leave me no alternative but to resist these damned stupid people and their nefarious attempts to overthrow our Constitution and country, and establish a theocracy based on White Nationalism and racism. I say damn them all.
Fyodor Dostoyevsky wrote, “Nothing is easier than to denounce the evildoer; nothing is more difficult than to understand him.”
Back in 2010 I had a creditable and very specific death threat from a Neo-Nazi in East Tennessee. The man had a formidable internet presence, many publications online, including articles on how best to assassinate people. So I did my research, figured out who he was and reported him to the FBI. A week later his internet presence disappeared. I don’t know what happened to him, but I watch my back.
Over the past few days I have been helping a Jewish friend who is dealing with many Neo-Nazi threats and harassment for supporting an effort to have headstones replaced at the San Antonio Military Cemetery. The headstones were of German POWs but each had a Swastika and the words “he died for his Fuhrer and Fatherland” on them. The fact is that such words and symbols are not allowed by the German Government on the graves of their WWII soldiers in Germany or at any German military cemetery in Europe. Why they ended up on headstones here I don’t know. When an United States Army Colonel complained to the VA about them he was brushed off. That man asked my friend to help. As a result the VA relented, removed the headstones and replaced them with headstones giving the soldier’s names, ranks, military service, and dates of birth and death. But to Neo-Nazis and White Supremacists this was unforgivable.
My friend forwarded those emails to me for assistance. Two were smart enough to use fake email addresses, but one of those revealed his actual name. Another was stupid enough to use his real name and email address. Within 15 minutes I found a plethora of incriminating evidence against him revealing his Nazi affiliations, statements, and all kinds of things easily available through a Google search and tools that are available to purchase. After the first death threat I learned and am continuing learn how to track these people down and expose them to the public from the internet slime they hid in. Sadly, there are a lot more of them now than a decade ago.
But despite attacks and mass murders at synagogues and Jewish Schools, centers, and the vandalism of Jewish businesses, cemeteries, schools, shrines, and synagogues most Americans don’t see the threat. Nor do they when Black Churches are burned, bombed, or attacked by mass murderers. The problem is that most people, even those repulsed by the vile criminals who do such things really don’t want to understand why these people do such things.
I admit that it is uncomfortable and deeply unsettling to do the work needed to understand them, because to do so we have to understand evil and our vulnerability to resorting to evil ourselves. However, it is necessary if we are to stop the scourge of Anti-Semitism and racism in our country. But let me explain.
I think one of our problems is that we want to believe that evil is simply done be evil people. That is why when we see a Hitler, Stalin, Pol Pot, or the monsters of the so-called Islamic State, we are often strangely comforted. This is often because we can point to a single person with a wicked ideology and say “they are evil,” all the while forgetting that they are, or were, like us, also human. Aleksandr Solzhenitsyn reminds us of the folly of that type of thinking:
“If only it were all so simple! If only there were evil people somewhere insidiously committing evil deeds, and it were necessary only to separate them from the rest of us and destroy them. But the line dividing good and evil cuts through the heart of every human being. And who is willing to destroy a piece of his own heart?”
A few years ago I took a break from my Gettysburg studies and writing and dusted off an old academic paper dealing with the one of the more uncomfortable aspects of the Nazi Holocaust against the Jews. I did that because I felt that I needed to reexamine the nature of evil in the modern world. Since that time I have gone back, done more study, more writing, and made more visits to locations of Nazi evil.
When I ponder the evil committed by supposedly civilized men and women of Germany, I realize that they are little different than others who share the culture of the West. These people were the products of a culture of learning, and of science. They were part of a culture formed by the Christian tradition, the Renaissance, the Reformation, and the Enlightenment, the age of Reason. As I pondered this I came to remember something said by the late Iris Chang, “civilization is tissue thin.”
Lynching in the American South
That series of articles about the Einsatzgruppen dealt with the ordinary men, and the bureaucratic systems that implemented an ideology so twisted and evil that it is unimaginable to most people. In fact even in the Nazi system the much of the genocide was not committed in the death camps, but up close and personal by men standing over pits with pistols, rifles, and machine guns.
While most people in the United States know a little about the Holocaust, most do not fully comprehend how devilish and insidious the crimes of the Nazis were. More frightening is the fact that in a 2015 survey 46% of people worldwide have never heard of the Holocaust, and of the 54% who are aware of it some 32% think it is a myth or has been greatly exaggerated. The numbers will only get worse as we become farther removed from these events and the survivors, witnesses, and perpetrators die off. The same is true for other genocidal acts.
We typically know about the extermination camps like Auschwitz, but the lesser known dark side of the Holocaust, perhaps the scariest part, is the story of the men of the Einsatzgruppen. The Einsatzgruppen and affiliated units, including those of the Wehrmacht, the Waffen SS, the mobilized battalions of the Order Police, and locally recruited units, rounded up massive numbers of people and killed them up close and personal. In all these units murdered over two million people, about 1.3 million of whom were Jews.
My study of the Holocaust began in college as an undergraduate. My primary professor at California State University at Northridge, Dr. Helmut Haeussler had been an interpreter and interrogator at the Nuremberg trials. I was able to take a number of lecture classes from him a large amount of research and independent study courses in a year of graduate work while finishing my Army ROTC program at UCLA. It was an immersion in the history, sociology, and the psychology of evil, during which I was able to meet and talk with Jewish survivors of the Holocaust.
Einsatzgruppen and Ordungspolizei in Russia
Since then I have continued to read and study. I lived in Germany for over four years, and made many other visits, during which I went to a number of Concentration Camp sites. I have been to Dachau more times than Incan count since 1996, Bergen-Belsen, Flossenbürg and Buchenwald. I visited the T4 Euthanasia Center at Hadamar, the Palace of Justice in Nuremberg, the Wannsee House and many other sites of remembrance in Germany. Likewise I visited the rebuilt synagogue in Worms which had been destroyed during the infamous Kristallnacht, and other museums and Holocaust memorial sites in Germany. I visited the Zeppelin field, the site of Hitler’s massive Nazi Party rallies in Nuremburg, as well as the graveyards which contain the victims of other Nazi crimes, including the Nacht und Nebel or night and fog actions, where people simply disappeared and were murdered by the Gestapo.
For me, those visits were sobering, maybe even more so because I understood exactly what happened in those sites. These are uncomfortable places to visit, and I can understand why many people would not want to visit them, or even study them. But once the COVID-19 Pandemic travel restrictions are over I will go to Auschwitz and the sites like Babi Yar outside Kiev where the Einsatzgruppen killed 33,000 Jews up close and personal in three days. I refuse to stop learning, remembering, walking, or bearing witness.
The darkness that they remind us of is a part of our human condition. Traces of the evil on display in those places is present in every human being regardless of who we are. Frankly, most people cannot bear looking into that abyss, for fear that they might be swallowed by it. I choose to go there knowing the danger because it is the only way to bear witness and not forget.
Nanking
I can understand why most people don’t want to go to dark places, and I have to admit that it is hard to do so. I am a historian as well as a clinician with much experience dealing with death and trauma. With my training I do a pretty good job of keeping my emotional distance to maintain objectivity when confronted with evil. However, it is hard for me not to have some emotional reaction when visiting these places, or reading about the events and people, and in writing about them. That happens even more when I have to deal with them after I find them and confront them. None are ever sorry or have any capacity for empathy. They are sociopaths and therefore dangerous.
Likewise, I am very troubled by the growing lack or awareness or denial of the Holocaust. It is very hard for me not to have a virulent reaction when I see books and websites dedicated to Holocaust denial, or that minimize other well documented genocides, and crimes against humanity.
Soviet Mass Killings in Ukraine
My sensitivity to human suffering and the terrible indifference of people in this country to it was greatly increased by my experience of war, and my post-war struggles with PTSD, depression, anxiety, which at points left me very close to committing suicide. A non-chaplain friend, a now retired Navy Command Master Chief Petty Officer that I served with at my last duty station recently remarked that I am a tremendously empathic person, and that I have a large capacity to feel the pain and suffering of others. This capacity for empathy and the ability to feel the suffering of others is part of who I am.
That is a good thing, but it makes my work studying and writing about the Holocaust, other genocides, crimes against humanity, and subjects like American slavery, racism, and Jim Crow a sometimes difficult and often very emotionally consuming task. This sometimes leaves me even more sleepless and anxious than normal; especially when I see the indifference of so many people to the suffering of others today.
The Killing Fields
It is that indifference which motivates me to write; because if these events are not recalled and retold, they, like any part of history will be ignored and then forgotten. The statistics bear this out. There are people today, who say that we should stop talking about these events, that they are old news, and they cannot happen again; but history tells us different, and not just the Holocaust, but indeed every genocide. Then there are those who shamelessly use the Holocaust imagery to spread fear among their followers even as they openly demonize minority groups and religions as the Nazis did to the Jews.
I have to agree with Elie Wiesel who said, “Indifference to me, is the epitome of all evil.”
The late Iris Chang, who wrote The Rape of Nanking: The Forgotten Holocaust of World War II wrote something that is pertinent to almost every modern episode of genocide, or other crime against humanity. It is the ability of leaders, be they political, military, or religious to convince people to rationalize actions that they normally would find repulsive.
“After reading several file cabinets’ worth of documents on Japanese war crimes as well as accounts of ancient atrocities from the pantheon of world history, I would have to conclude that Japan’s behavior during World War II was less a product of dangerous people than of a dangerous government, in a vulnerable culture, in dangerous times, able to sell dangerous rationalizations to those whose human instincts told them otherwise.”
There are many other such events that we could note; the American decimation and genocide committed against native American tribes that spanned close to two centuries, the 1915 Turkish genocide of Armenians, the Rwandan genocide of 1994, the Serbian atrocities in Bosnia and Kosovo, the Chinese Communist “Great Leap Forward,” the actions of the Islamic State in Iraq and Syria, and the more recent but seldom discussed action of the Myanmar government and military against its Rohingya Muslim minority.
Rwandan Genocide
What we call civilization, to use the words of Iris Chang, is tissue thin. That is why we must never forget these terrible events of history, and that part of human nature, and in a sense part of every one of us, that makes them so easy to repeat. That is why we must periodically take the time to remember and reflect on the Holocaust, other genocides and crimes against humanity.
It is even more important now with the rise of fascist, nationalist, and racist regimes around the world. Even in the United States these demons of the past, racism, nationalism, and fascism have come out into the open as those who believe in them have become emboldened by the words of President Trump and members of his administration. Trump’s time as President is about up, but he as awoken and emboldened an evil that was always a part of American life, but needed permission to go public.
In 2017 Trump briefly attempted to clean up his inaction after the violence committed by neo-Nazis and KKK sympathizers in Charlottesville. He equated the Nazis and Klansmen with the people that they attacked. Under pressure made a speech condemning the Nazis and Klansmen. According to Bob Woodward, when a Fox News correspondent said his statement was “almost an admission that he was wrong,”the President exploded at Rob Porter, the aide who convinced him to make the speech: “That was the biggest fucking mistake I’ve made,” the President told Porter. “You never make those concessions. You never apologize. I didn’t do anything wrong in the first place. Why look weak?” A few days later the President returned to the subject and again made the argument of moral equivalence.
Coupled with so many of the President’s words and policies directed against Blacks, Mexicans and Central Americans, Arabs, Africans, and others; as well as his attacks on the First Amendment and his praise and defense of cold blooded dictators around the world one has to take it more seriously. Even though he is soon to leave officer his Neo-Nazi and White Nationalist supporters will remain as dangerous as ever.
This is not an issue that simply lurks in the past, it is a very real part of the present. I wish that was not the case, but it is. 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.”
Yes, these are terribly uncomfortable subjects, but we cannot allow this generation to allow them to be forgotten, lest they be repeated. That is why that I must continue to write about them and do my best to make sure that they are not forgotten as we cannot afford to let them happen again.
I am modifying an article from last year and updating it to reflect the post-election chaos sowed by President Trump and his cult followers. These alleged “patriots” include Nazis, White Supremacists, anti-Semites and racist murderers, as well as men convicted of working with the Russians in the 2016 election, Christian theocrats, convicted War Criminals, and a host of Un-American and most unsavory haters of the Declaration, Constitution, and the ideals our nation was founded upon. I have no tolerance left for their actions to undermine the country for the last four years but especially in the forty days since the election Trump lost fair and square. The last time a group of people as angry and consumed with hatred of our system of government as these people are was in 1860, and they brought about the bloodiest war in American history, the American Civil War, or as it should be better known, The War of the Slaveholders Rebellion.
Anyone can fret over their presidential candidate losing an election. They also have the right in cases where the results were close to recounts, in some cases mandated by state law, in others requested by the losing party so long as they pay for the cost. In every state where Trump lost and recounts were conducted Trump lost again, sometimes by wider margins than the first time. Trump’s supporters viciously attacked than threatened Republican Governors, Attorneys General, and Elections Officials, even making death threats. They then launched a flurry of frivolous lawsuits with no factual evidence to support their allegations. Of over 60 they only gained one minimal “victory” that did not alter any results in Pennsylvania where it was filed. Finally the Supreme Court unanimously rejected a lawsuit by Texas Attorney General Ken Paxton sued to disenfranchise voters in five states where Trump lost. 17 Red State Attorneys General filed amicus briefs supporting Texas. The Supreme Court’s justices including Clarence Thomas, Samuel Alito, and all three of Trump’s nominees on the bench, Gorsuch, Kavanaugh, and Coney-Bennett, together with Chief Justice Roberts, and Democrat appointed justices Breyer, Sotomayor and Kagan rejected what Trump called a “very big event.”
Such actions are not the actions of patriots who seek to uphold the Constitution, the Declaration, and the understanding that liberty was ever expanding to include those who at one time in the United who were considered to be less than human and undeserving of equality with White men. Instead they act like Nazis, Klansmen, and every other enemy of freedom who has ever breathed. Their actions are those of a desperate, dangerous, and devilish hoard of enraged losers who cannot admit defeat. They would rather go down in their own Götterdämmerung than understanding that the key to maintaining the ideals of the American experiment are found through progressive ideals and compromise to conserve the best of our past in order that the future will be better.
I was reminded of the importance of why I write after I read conservative columnist Michael Gerson’s article in the Washington Post last year.
Gerson wrote:
“Fascism may not describe what Trump has done, as opposed to what he says. But what he says matters and can create its own dangerous dynamic. It is possible for a leader to be incompetent and still profoundly corrupt the people who follow him, undermining the virtues — tolerance, civility and compromise — that make democratic self-government work. It is possible for a foolish leader to leave the imprint of fascism on a portion of his followers. And the language used by Trump — particularly a certain racially tinged nostalgia and a tribal resentment for the other — strikes me as at a higher level of prominence and acceptance than at any time I can remember. So maybe, rather than fearing a fascist dictator, we should fear the legitimacy of fascist modes of thought in the Republican Party.
This is a more complex danger than most talk of fascism generally suggests. But it is a danger nonetheless.”
Gustave Gilbert,who served as a psychologist to the major Nazi war criminals at Nuremberg noted that in his observation and discussions with them he had to deal with the nature of evil. He had to find the common thread among them that allowed them to take part in the most horrific crimes against humanity conducted by an allegedly civilians, western and Christian country. He noted that in his dealings with them they had one thing in common, they had no empathy for their victims. He said, “evil is the absence of empathy.” The common psychological term for a person who cannot empathize with other people is a sociopath. That is what are President is. It is a trait that he shares with the vilest criminals of the Twentieth Century. Many of his followers seem to share that attribute. You can see it in their words and in their actions from the day he came down the escalator at Trump Tower to announce his candidacy until this very minute.
President Donald Trump holds a Bible as he visits outside St. John’s Church across Lafayette Park from the White House Monday, June 1, 2020, in Washington. Part of the church was set on fire during protests on Sunday night. (AP Photo/Patrick Semansky)
At a campaign rally the President praised a Congressman from Montana who assaulted a reporter just before the 2016 elections and the crowd cheered its approval. As they cheered Trump said: “Any guy that can do a body slam … he’s my guy.” Then he acted out a motion of a person violently throwing someone to the ground, and the crowd continued to cheer. Though he has repeatedly attacked and mocked the press, it was the first time that he praised and openly condoned the attack on a reporter, and it came at a time when he did not condemn the brutal murder of the Saudi Arabian journalist and American resident Jamal Khashoggi in the Saudi consulate in Istanbul Turkey. Sadly he never did.
Because Trump is what he is, a malignant narcissistic sociopath, I never doubted that he would end up here. But I never expected people who I believed were decent and held to the beliefs of their Christian faith to become vicious, cruel and opponents of life after it leaves the womb to fall in behind him in lockstep, believing every crackpot conspiracy their and joining in with the Nazis in their support of race hatred. For Trump’s crowds to applaud his remarks then and now showed the deep moral rot in the Republican Party. It is troubling because it reflects something far more dangerous which could actually bring about a Fascist type takeover of the U.S. Government.
Gerson wrote:
And one event in particular could quickly heighten that danger. Consider what American politics would look like if Republicans — against all odds and expectations — were to keep the Senate and House. There might be many explanations for such a result — exceptional economic conditions, bad Democratic strategy, the rallying effect of Justice Brett M. Kavanaugh among Republicans — but we know how the president would interpret it. He would regard such a victory as the complete vindication — the stamp of national approval — on his entire approach to politics.
All the last remaining opposition in the GOP would melt, and many of his supporters would be calling for retribution against enemies and traitors. The whole leadership of the FBI and Justice Department — anyone who ever displeased him — would be at immediate risk of replacement. Trump would take his victory as permission for even more brutal treatment of migrants. More generally, a leader with no commitment to the separation of powers, with no respect for the traditional self-restraints of the presidency, with savage disdain for the free press, with an admiration for authoritarians, with a history of menacing individuals and companies by name, and with a talent for division and dehumanization would feel unbound.
The boor, the bluffer, the bully would be a political colossus. Then the language of fascism might become less theoretical. Then alarmism would be realism.
As I thought of these things over the past year and change, I was reminded of the words of Hannah Arendt: “When evil is allowed to compete with good, evil has an emotional populist appeal that wins out unless good men and women stand as a vanguard against abuse.”
Now honestly, at one time I believed that a majority of Trump supporters were themselves evil or even bad people. But that being said I also used to believe that quite a few of them, perhaps a majority of them surrendered to taking the path of least resistance and looking out for what they think are their interests first, even if the result of their decisions hurt people who are much like them. They include people I knew or know, and I struggle to think how they could have crossed this line. But as time has passed I believe that quite a few of the people I used to excuse as being misled and having a better sense of morality and right and wrong do not. They cannot make up their minds as to what is evil and what is good, so long as they personally benefit from the transaction.
As Arendt said, “The sad truth is that most evil is done by people who never make up their minds to be good or evil.”
That is what we are watching happen before our very eyes. Some might claim ignorance, or claim that they are non-political and are in no position to judge the morality of this President and his administration, but that is the refuge of cowardS. Karl Popper noted “Ignorance is not a simple lack of knowledge but an active aversion to knowledge, the refusal to know, issuing from cowardice, pride, or laziness of mind.”
The fact is that today, like in Germany between 1933 and 1945 no one can claim ignorance about the nature and character of President Trump whether they support or oppose him. But if they chose not know Of his malfeasance and evil, it is simply cause they do not want to know, and for those in positions of authority who turn a blind eye, what Albert Speer, Hitler’s architect and later armaments minister wrote “…being in a position to know and nevertheless shunning knowledge creates direct responsibility for the consequences…”
It is a tremendous lack of empathy, an active aversion to truth, intentionally shunning knowledge, and perhaps worse, a refusal to know when in a position to know which allow people to look the other way in the face of evil and injustice.
I cannot do that. Regardless of past relationships I cannot have anything to do with people, friends or not who propagate an American version of the German Dolchstoßlegende, or the myth of the “Stab in the back.” This is the rallying cry of authoritarians, theocrats, and racists who cannot accept their defeat in war or politics, and who will do all they can to avenge their losses at all costs. There is nothing patriotic, Christian, or American about it. It is a treasonous attempt to paint themselves as patriots while leading the nation to catastrophe while blaming others for their incompetence and criminality.
As for me I have to quote a number of Hitler’s opponents who lost their lives either speaking out against his crimes or trying to overthrow his criminal regime.
Sophie Scholl, a 22 year old student at the University of Munich wrote:
“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.”
D.Bonhoeffer im Gefaengnis Berlin-Tegel Bonhoeffer, Dietrich evang. Theologe, Widerstandskaempfer Breslau 4.2.1906 – (hingerichtet) KZ Flossenbuerg 9.4.1945. – Bonhoeffer im Hof des Wehrmachtunter- suchungsgefaengnis in Berlin-Tegel, Sommer 1944. – Foto.
The German Pastor and theologian Dietrich Bonhoeffer wrote: “The fearful danger of the present time is that above the cry for authority, be it of a Leader or of an office, we forget that man stands alone before the ultimate authority and that anyone who lays violent hands on man here is infringing eternal laws and taking upon himself superhuman authority which will eventually crush him. The eternal law that the individual stands alone before God takes fearful vengeance where it is attacked and distorted. Thus the Leader points to the office, but Leader and office together point to the final authority itself, before which Reich or state are penultimate authorities. Leaders or offices which set themselves up as gods mock God and the individual who stands alone before him, and must perish.”
Bonhoeffer also noted in his defense of Hitler’s Jewish victims:
“The church has an unconditional obligation to the victims of any ordering society, even if they do not belong to the Christian community.” and also“We are not to simply bandage the wounds of victims beneath the wheels of injustice, we are to drive a spoke into the wheel itself.”
General Ludwig Beck who resigned his office as head of the German Army in 1938 over Hitler’s decision to invade Czechoslovakia said: “It is a lack of character and insight, when a soldier in high command sees his duty and mission only in the context of his military orders without realizing that the highest responsibility is to the people of his country.”
He also noted: “Final decisions about the nation’s existence are at stake here; history will incriminate these leaders with bloodguilt if they do not act in accordance with their specialist political knowledge and conscience. Their soldierly obedience reaches its limit when their knowledge, their conscience, and their responsibility forbid carrying out an order.”
Then there are the words of Major General Henning Von Tresckow who said: “I cannot understand how people can still call themselves Christians and not be furious adversaries of Hitler’s regime.” I would say the same of Trump’s allegedly Christian supporters and defenders. Tresckow also said “We have to show the world that not all of us are like him. Otherwise, this will always be Hitler’s Germany.” The same is true today. If we do not reject Trump and his dictatorial, racist, and unconstitutional actions, we will always be Trump’s America.
Colonel Claus Von Stauffenberg who planted the bomb intended to kill Hitler and was executed that same night said something that should be asked of every church that overlooks Trump’s personal crimes, sins, and attacks on the nation: “Can the church grant absolution to a murderer who has taken the life of a tyrant?” Theoretically they can, but morally and spiritually they cannot if the claim to be Christian Churches.
in Trump’s final days he and his followers cannot be allowed to damage our Republic more than they already have. After he leaves office they must be accountable for their words and actions against American citizens, The laws and Constitution of the United States, their crimes against humanity, and violations of treaties, that the American Government has abided by for decades. Just because we are Americans and think that we are better than other nations, history shows that we are not.
Supreme Court Robert Jackson said:
“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.
Unfortunately, the United States has failed to live up to our treaty obligations far too often at home in regard to the treaties we made with the people’s of America’s First Nations, now through genocide and forced relocation to reservations on inhospitable and desolate lands to allow for the expansion of White American and our Manifest Destiny, and abroad where Mark Twain wrote during our war against Filipino patriots who had help us defeat Spain: “There must be two Americas: one that sets the captive free, and one that takes a once-captive’s new freedom away from him, and picks a quarrel with him with nothing to found it on; then kills him to get his land. . .”
Having served my country for over 39 years in the military I can only say that I love her enough to be honest and admit our failings without being disloyal. That actually is a definition of true patriotism. Fake patriotism embraces myth ERs and allows tyranny to subvert our democratic institutions, Constitution, and the ideals set forth in the Declaration of Independence, the Gettysburg Address, the Four Freedoms, and Dr. King’s “I Have a Dream,” “Letter from a Birmingham Jail”, and “I have been to the Mountain” speech.
So anyway, until tomorrow, which might be Monday because I need to write my retirement address that I will give on Monday.
it seems that every day I see acts committed by admitted Nazis such as the act against the only monument to Anne Frank, the Dutch Jewish teenager who with her family was betrayed to the Nazis and died at the Bergen-Belsen Concentration Camp. Her diary of hiding during the Nazi occupation was published after the war. It became one of the classics of Holocaust literature and taught at least a generation of Americans, Western Europeans, and others around the world of the inhumanity of the Nazis, and the humanity of the victims.
Instead of just being another number, young Anne Frank became the voice of those otherwise names faceless statistics of the Nazi war against the Jews and so many others, but the Jews were the special objects of their race hatred and genocide. It remains so today, but most of what I am talking about are Americans. Yes new-Nazis are making a comeback in Europe where the ancient hatred of the Jews never went away despite the Nazi extermination programs.
This week, the only memorial in the United States was defaced by Nazi leaflets with the Swastika and the words “we are everywhere” on it. I saw an email to a Jewish friend that was saturated with Nazi language and imagery, that was supposedly sent by a “Christian pastor.” During the Coronavirus, QAnon members displayed vile images of Jews being responsible for the virus. Likewise some wore placards, again using the imagery of the Nazis of “life unworthy of life” urging that the “weak be sacrificed for the strong.” The number of anti-Semitic crimes is rising in the United States. Synagogues have to have armed uniformed police guards just to worship. Barely two years ago the Tree of Life Synagogue was attacked in Pittsburgh with a new-Nazi killing numerous worshipers. Neo-Nazis and White Supremacists in the United States and around the world have committed mass murder against Jews, Muslims, Christians, and their own countrymen. They will not stop until they are crushed, without mercy.
To the Neo-Nazi supporters of President Trump who he has praised as “very good people” and ordered to Stand back and stand by” in terms of being ready to kill for him to ensure he remains in power, the Jews, especially the Hungarian Holocaust survivor George Soros are the enemy. Quite a few of the allegedly “Christian” members of these movements openly embrace Anti-Semitism, calling Jews “the Synagogue of Satan” misusing scripture to attack the people who are the direct relations of Christians, whose Scriptures we use as the basis of our beliefs.
JACKSONVILLE BEACH, FL – APRIL 17: People crowded the beaches in its first open hour on April 17, 2020 in Jacksonville Beach, Fl. Jacksonville Mayor Lenny Curry opened the beaches to residents for limited activities for the first time in weeks since closing them to the public due to the Coronavirus (COVID-19) outbreak. Jacksonville Beach became the first beach in the country to reopen. (Photo by David Rosenblum/Icon Sportswire via Getty Images)
In my books anyone who calls themself a Christian who attacks the Jews in such a matter is not a Christian but a son or daughter of Satan himself. That includes all of these Goddamned Nazis, no matter what hat they wear, even the red #MAGA hat.
If they were confined to past history and were not threatening and even killing people now.
As a Holocaust scholar I will stand against these barbarians who stand against everything our nation was founded upon, and embrace the perverted doctrines and race hatred of the Nazis and every Nazi type group that has ever existed, including President Trump’s Cult followers. Those people use the Constitution and Declaration ass wipe while claiming to be “patriots.” I say expose them, shame them, deny the entrance into decent society, which obviously will not stop their corrupt and cultish Trump churches to keep welcoming them with open arms and open mouths, without masks.
I have spent a decade being threatened by them and as I retire from the military I will expose them and do everything I can to show their faces, names, and addresses to Americans quoting their words verbatim to show the depth of their evil and depravity. If it comes to a physical confrontation I will not back down. These Anti-Semites are no different than Hitler’s Brownshirts or SS, except they don’t have the snazzy uniforms. Instead they look like scruffy or fat rejects of any kind of reputable organization. Hitler’s Nazis would have not accepted a one of these shit for brains assholes. If they think they are a “Master Race” they better look at their DNA and IQ tests. They are mongrels without a clue. Few if any could pass the Nazi racial standards tests, which were exceedingly strict and only a few got around, with a lot of political help. Mind you, these losers don’t have that.
They hide behind pseudonyms, use spoofed email addresses, and when they do show their faces they do so from behind body armor and assault type weapons. They are nothing more than cowards and bullies reminiscent of the American No Nothing’s of the 1830s-1860s, the racist and murderous Ku Klux Klan, Red Shirts, White League, and White Liners who murdered thousands of Blacks and White civil rights supporters from the end of the Civil War until now. Sadly, they are to ignorant, just plain stupid, and blinded by race hatred to understand nothing but force. Since the day Terry McVeigh bombed the Murough Federal Building in Oklahoma City until today these terrorists have threatened, bullied, attacked and killed Americans of all races, ethnicity, and religions because at heart they are Nazis and their whole life is built upon hating and pushing down others to keep their place in society, tolerated by the rich and powerful who need their votes, but never respected and really accepted, by the men like Trump that they elect to office. No wonder they hate others and need to use violence and threaten revolution to be able to hold their limp weenies over the fire. I despise the Nazis and everyone who holds their views but deny being Nazis. Lying Nazis who hide in plain sight are worse than those who admit who and what they are and the murderous racism they promote.
There are times that as a Gentile I would like to be a real life version of Lieutenant Aldo Raine, played by Brad Pitt in the Quentin Tarantino classic Inglourious Basterds. I would like to use my K-Bar knife to carve Swastikas into their foreheads so they couldn’t hide who and what they are.
If we allow the Donald Trump’s, the Steve Bannon’s, the Stephen Miller’s, Rush Limbaugh’s, Tucker Carlson’s, Michael Flynn’s, the QAnon crowd, and others who promote race hatred, plant the seeds of genocide in others, and stoke the flames of civil war to get off with nothing more than a slap on the wrist then we plant the seeds of our demise, and that of our Republic. I would like to see all of them, from the greatest to the least marked on the forehead with a Swastika than cannot be erased.
That may seem harsh, but it is exactly what history shows must happen to such people, otherwise they blend back in to decent society and infect yet another generation with their race hatred and dreams of genocide. That cannot be allowed to happen. Killing them makes them martyrs, but marking them on the forehead with the symbol of hatred they wear in their hearts would be a great warning to others, and if well done an immense artistic and social statement. Nazis can’t be allowed to hide in order to conceal what they are. While I would be tempted to break out my K-Bar to do it, I won’t unless one of these gutless sons of bitches tries to harm me or my family, then that K-Bar will be used to paraphrase the words General George Patton, filet them and use their guts to grease the treads of American tanks. Nazis of whatever kind are the enemy.
Thant’s it for the night, but to all Nazis beware. Don’t fuck with me, or anyone that you think is subhuman, because I will find you and expose you. That is a promise. I will ensure that you that everything I can find out about you will be exposed. Nazis are not patriots. They are enemies, who deserve nothing but shame. People who desecrate monuments to children killed by the Nazis, people who believe that Jews and people of color are Untermenschen, and label anyone supporting civil rights and equality as Communists are as bad or even worse than Hitler and his henchmen, because they should know better.
As Major General Henning von Tresckow, who lost his life in the attempt to kill Hitler, wrote: “We have to show the world that not all of us are like him. Otherwise, this will always be Hitler’s Germany.” The same is true about Trump’s America. Any American worth his or her salt has to show that we are not like him or any of his henchmen, otherwise they are no different than those who killed millions in Hitler’s name and got away with their crimes.
So until tomorrow, have a good day, a better tomorrow and resolve to expose these American Nazis, no matter what label they wear.
Tonight I am continuing on with my series on Supreme Court Justice Robert Jackson’s closing arguments while serving as the Chief American Prosecutor at the Major War Crimes Trials at Nuremberg. These crimes are not without relevance today, thus it is important for us to revisit them, for as I noted yesterday, quoting Yehuda Bauer, the Holocaust did not deviate from human norms.
For me it is a difficult subject, for I served in and supported a war that by any standard of legal and moral judgement would have met the criteria that we prosecuted the Nazis for in 1945. I should have known better because I had studied the Nazi crimes and had been the student of a professor who served as an interrogator and interpreter during the Nuremberg War Crimes Trials. But in the moment of hysteria after the attacks of September 11th 2001 and my belief in the integrity of Secretary of State Colin Powell, I allowed my good sense to be persuaded that an act of aggressive war that resulted in war crimes, and might even include crimes against humanity was perfectly legal.
I went to Iraq in 2007 and 2008. I worked with advisors to Iraqi Army, Border Troops, Police, Port of Entry, and Provincial Reconstruction Teams In Al Anbar Province. I came back from Iraq a very different man. I saw the lies. I came to love and appreciate the Iraqis and what they had suffered under both Saddam Hussein and our invasion and occupation. I can still see the maimed bodies, the destroyed cities and hamlets, the crippled children, as well as the wounded Marines in my mind. I pray and hope that the Iraqis that I served alongside did not become victims of ISIS after I left the country.
I am haunted by it to this day, and I no longer trust the supposedly good intentions of the American government, and in the age of Donald Trump fear for our nation and the world. A year ago the American Border Patrol fired CS gas, a riot control agent that is banned for use in combat across the international border into Mexico at unarmed Central American refugees, many of whom were women and children. The reason was that they “felt endangered” because some in the sea of refugees threw rocks across the border at the border control officers, who were dressed in body armor and Kevlar helmets with face masks. Rocks were going to do nothing to them.
While this was not war, there is a principle and law of war that American law enforcement officers frequently violate, the principle of proportionality. I’m sorry, but firing CA gas at unarmed refugees on the opposite side of the border for throwing rocks is not proportional. They had not breached the border and were also facing Mexican Federal Police. I have to wonder what is next. After that President Trump says that he has authorized U. S. Military personnel to use deadly force against rock throwers, and his former Chief of Staff, retired Marine Corps General John Kelly issued a “cabinet order” something never heard of before, allowing U. S. Military personnel to engage refugees believed to be endangering Border Control agents, in what appears to be a direct violation of Posse Comitatus. Add to those issues the use of drone strikes, by the Bush, Obama, and Trump Administrations, both DOD and CIA, against often insignificant targets that that more often than not have many women and children in them, and finally the pardoning of convicted war criminals by President Trump, and firing the only administration who stood in his way, Secretary of the Navy Richard Spencer. Since I first wrote this post the actions of President Trump against American citizens, refugees, allies, and his dereliction of duty in the Coronavirus 19 Pandemic which has cost close to 275,000 American lives to date, condemn Trump as a mass murderer and being guilty of Crimes Against Humanity. Had former Secretary of Defense Mark Esper and Chairman of the Joint Chiefs of Staff, General Mark Miley not stood against him he would have invoked the Insurrection Act of 1807 in order to crush his opponents using military force.
But I digress. When I read these accounts my mind is taken back to the subject of war crimes, and based on my expertise and study of the crimes of the Nazis, not to mention the Japanese in the Second World War, I automatically default to those settings.
So, I will stop with my words and go back to those of Robert Jackson at Nuremberg, because they are so pertinent today.
Until tomorrow,
Peace,
Padre Steve+
Robert Jackson’s Closing Argument Continued…
Immediately after the seizure of power the Nazis went to work to implement these aggressive intentions by preparing for war. They first enlisted German industrialists in a secret rearmament programme. Twenty days after the seizure of power Schacht was host to Hitler, Goering and some twenty leading industrialists. Among them were Krupp von Bohlen of the great Krupp armament works and representatives of I. G. Farben and other Ruhr heavy industries. Hitler and Goering explained their programme to the industrialists, who became so enthusiastic that they set about to raise three million Reichsmarks to strengthen and confirm the Nazi Party in power. Two months later Krupp was working to bring a reorganised association of German industry into agreement with the political aims of the Nazi Government. Krupp later boasted of the success in keeping the German war industries secretly alive and in readiness despite the disarmament clauses of the Versailles Treaty, and recalled the industrialists’ enthusiastic acceptance of “the great intentions of the Fuehrer in the rearmament period of 1933-1939”.
Some two months after Schacht had sponsored his first meeting to gain the support of the industrialists, the Nazis moved to harness industrial labour to their aggressive plans. In April, 1933, Hitler ordered Dr. Ley “to take over the trade unions”, numbering some 6 million members. By Party directive Ley seized the unions, their property and their funds. Union leaders, taken into “protective custody” by the SS and SA, were put into concentration camps. The free labour unions were then replaced by a Nazi organization known as the German Labour Front, with Dr. Ley at its head. It was expanded until it controlled over 23 million members. Collective bargaining was eliminated, the voice of labour could no longer be heard as to working conditions, and the labour contract was prescribed by “trustees of labour” appointed by Hitler. The war purpose of this labour programme was clearly acknowledged by Robert Ley five days after war broke out, when he declared in a speech that:
“We National Socialists have monopolised all resources and all our energies during the past seven years so as to be able to be equipped for the supreme effort of battle.”
The Nazis also proceeded at once to adapt the Government to the needs of war. In April, 1933, the Cabinet formed a Defence Council, the working committee of which met frequently thereafter. In the meeting of 22nd May, 1933, at which defendant Keitel presided, the members were instructed that:
“No document must be lost since otherwise the enemy propaganda would make use of it. Matters communicated orally cannot be proven; they can be denied by us in Geneva.”
In February, 1934 -and, your Honours, dates in this connection are important -with defendant Jodl present, the Council planned a mobilization calendar and mobilization order for some 240,000 industrial plants. Again it was agreed that nothing should be in writing so that “the military purpose may not be traceable”.
On 21st May, 1935, the top secret Reich Defence Law was enacted. Defendant Schacht was appointed Plenipotentiary General for War Economy with the task of secretly preparing all economic forces for war and, in the event of mobilization, of financing the war.
Schacht’s secret efforts were supplemented
in October, 1936, by the appointment of defendant Goering as Commissioner of the Four-Year Plan, with the duty of putting the entire economy in a state of readiness for war within four years.
A secret programme for the accumulation of the raw materials and foreign credits necessary for extensive rearmament was also set on foot immediately upon seizure of power. In September of 1934, the Minister of Economics was already complaining that:
“The task of stock-piling is being hampered by the lack of foreign currency; the need for secrecy and camouflage also is a retarding influence.”
Foreign currency controls were at once established. Financing was delegated to the wizard Schacht, who conjured up the MEFO bill to serve the dual objectives of tapping the short-term money market for rearmament purposes while concealing the amount of these expenditures.
The spirit of the whole Nazi administration was summed up by Goering at a meeting of the Council of Ministers, which included Schacht, on 27th May, 1936, when he said: “All measures are to be considered from the standpoint of an assured waging of war.” The General Staff, of course, also had to be enlisted in the war plan. Most of the generals, attracted by the prospect of rebuilding their armies, became willing accomplices. The Minister of War von Blomberg and the Chief of Staff General von Fritsch, however, were not cordial to the increasingly belligerent policy of the Hitler regime, and by vicious and obscene plotting they were discredited and removed in January, 1938. Thereupon, Hitler assumed for himself supreme command of the armed forces and the positions of von Blomberg and of von Fritsch were filled by others who became, as Blomberg said of Keitel, “a willing tool in Hitler’s hands for every one of his decisions”. The generals did not confine their participation to merely military matters. They participated in all major diplomatic and political manoeuvres, such as the Obersalzberg meeting where Hitler, flanked by Keitel and other top generals, issued his virtual ultimatum to Schuschnigg.
As early as 5th November, 1937, the plan to attack had begun to take definiteness as to time and victim. In a meeting which included the defendants Raeder, Goering and von Neurath, Hitler stated the cynical objective:
“The question for Germany is where the greatest possible conquest could be made at the lowest possible cost.”
He discussed various plans for the invasion of Austria and Czechoslovakia, indicating clearly that he was thinking of these territories not as ends in themselves, but as means for further conquest. He pointed out that considerable military and political assistance could be afforded by possession of these lands, and discussed the possibility of constituting from them new armies up to a strength of about 12 divisions. The aim he stated boldly and baldly as the acquisition of additional living-space in Europe, and recognized that “The German question can be solved only by way of force.” Six months later, emboldened by the bloodless Austrian conquest, Hitler, in a secret directive to Keitel, stated his “unalterable decision to smash Czechoslovakia by military action in the near future”.
On the same day, Jodl noted in his diary that the Fuehrer had stated his final decision to destroy Czechoslovakia soon and had initiated military preparations all along the line. By April the plan had been perfected to attack Czechoslovakia “with lightning swift action as the result of an ‘incident’”.
All along the line preparations became more definite for a war of expansion, on the assumption that it would result in a world-wide conflict. In September, 1938, Admiral Carls officially commented on a “Draft Study of Naval Warfare against England”:
“There is full agreement with the main theme of the study.
1. If, according to the Fuehrer’s decision, Germany is to acquire a position as a world power, she needs not only sufficient colonial possessions but also secure naval communications and secure access to the ocean.
2. Both requirements can only be fulfilled in opposition to Anglo-French interests and will limit their positions as world powers. It is unlikely that they can be achieved by peaceful means. The decision to make Germany a world power therefore forces upon us the necessity of making the corresponding preparations for war.
3. War against England means at the same time war against the Empire, against France, probably against Russia as well, and a large number of countries overseas; in fact, against one-third to one-half of the whole world.
It can only be justified and have a chance of success if it is prepared economically as well as politically and militarily and waged with the aim of conquering for Germany an outlet to the ocean.”
This Tribunal knows what categorical assurances were given to an alarmed world after the Anschluss, after Munich, after the occupation of Bohemia and Moravia, that German ambitions were realised and that Hitler had “no further territorial demands to make in Europe.” The record of this trial shows that those promises were calculated deceptions and that those high in the bloody brotherhood of Nazidom knew it.
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As early as 15th April, 1938, Goering pointed out to Mussolini and Ciano that the possession of those territories would make possible an attack on Poland. Ribbentrop’s Ministry wrote on 26th August, 1938:
“After the liquidation of the Czechoslovakian question, it will be generally assumed that Poland will be next in turn.”
Hitler, after the Polish invasion, boasted that it was the Austrian and Czechoslovakian triumphs by which “the basis for the action against Poland was laid”. Goering suited the act to the purpose and gave immediate instructions to exploit, for the further strengthening of the German war potential, first the Sudetenland, and then the whole Protectorate.
By May of 1939 the Nazi preparations had ripened to the point that Hitler confided to the defendants Goering, Raeder, Keitel, and others, his readiness “to attack Poland at the first suitable opportunity”, even though he recognized that “further successes cannot be attained without the shedding of blood”. The larcenous motives behind this decision he made plain in words that echoed the covetous theme of Mein Kampf:
“Circumstances must be adapted to aims. This is impossible without invasion of foreign States or attacks upon foreign property. Living-space in proportion to the magnitude of the State is the basis of all power -further successes cannot be attained without expanding our living-space in the East ….”
While a credulous world slumbered, snugly blanketed with perfidious assurances of peaceful intentions, the Nazis prepared not as before for a war but now for the war. The defendants Goering, Keitel, Raeder, Frick and Funk, with others, met as the Reich Defence Council in June of 1939. The minutes, authenticated by Goering, are revealing evidence of the way in which each step of Nazi planning dovetailed with every other. These five key defendants, three months before the first panzer unit had knifed into Poland, were laying plans for “employment of the population in wartime”, and had gone so far as to classify industry for priority in labour supply after “five million servicemen had been called up”. They decided upon measures to avoid “confusion when mobilization takes place”, and declared a purpose “to gain and maintain the lead in the decisive initial weeks of war”. They then planned to use in production prisoners of war, criminal prisoners, and concentration camp inmates. They then decided on “compulsory work for women in war time”. They had already passed on applications from 1,172,000 specialist workmen for classification as indispensable, and had approved 727,000 of them. They boasted that orders to workers to report for duty “are ready and tied up in bundles at the labour offices”. And they resolved to increase the industrial manpower supply by bringing into Germany “hundreds of thousands of workers” from the Protectorate to be “housed together in hutments”.
It is the minutes of this significant conclave of many key defendants which disclose how the plan to start the war was coupled with the plan to wage the war through the use of illegal sources of labour to maintain production. Hitler, in announcing his plan to attack Poland, had already foreshadowed the slave labour programme as one of its corollaries when he cryptically pointed out to the defendants Goering, Raeder, Keitel, and others that the Polish population “will be available as a source of labour”. This was part of the plan made good by Frank, who as Governor-General notified Goering, that he would supply “at least one million male and female agricultural and industrial workers to the Reich”, and by Sauckel, whose impressments throughout occupied territory aggregated numbers equal to the total population of some of the smaller nations of Europe.
Here also comes to the surface the link between war labour and concentration camps, a manpower source that was increasingly used and with increasing cruelty. An agreement between Himmler and the Minister of Justice, Thierack, in 1942 provided for “the delivery of anti-social elements from the execution of their sentence to the Reichsfuehrer SS to be worked to death”. An SS directive provided that bedridden prisoners be drafted for work to be performed in bed. The Gestapo ordered 46,000 Jews arrested to increase the “recruitment of manpower into the concentration camps”. One hundred thousand Jews were brought from Hungary to augment the camps’ manpower. On the initiative of the defendant Donitz concentration camp labour was used in the construction of submarines. Concentration camps were thus geared into war production on the one hand, and into the administration of justice and the political aims of the Nazis on the other. The use of prisoner-of-war labour, as then planned in that meeting, also grew with German needs. At a time when every German soldier was needed at the front and forces were not available at home, Russian prisoners of war were forced to man anti-aircraft guns against Allied planes. Field-Marshal Milch reflected the Nazi merriment at this flagrant violation of International Law, saying: “… This is an amusing thing, that the Russians must work the guns.”
The orders for the treatment of Soviet prisoners of war were so ruthless that Admiral Canaris, pointing out that they would “result in arbitrary mistreatments and killing”, protested to the OKW against them as breaches of International Law. The reply of Keitel was unambiguous. He said:
“The objections arise from the military conception of chivalrous warfare! This is the destruction of an ideology! Therefore I approve and back the measures”.
The Geneva Convention would have been thrown overboard openly, except that Jodl objected because he wanted the benefits of Allied observance of it while it was not being allowed to hamper the Germans in any way.
Field Marshal Wilhelm Keitel
Other crimes in the conduct of warfare were planned with equal thoroughness as a means of ensuring victory of German arms: In October, 1938, almost a year before the start of the war, the large-scale violation of the established rules of warfare was contemplated as a policy, and the Supreme Command circulated a most secret list of devious explanations to be given by the Propaganda Minister in such cases. Even before this time commanders of the armed forces were instructed to employ any methods of warfare so long as they facilitated victory. During the progress of the war the orders increased in savagery. A typical Keitel order, demanding the use of the “most brutal means”, provided that .
“… It is the duty of the troops to use all means without restriction, even against women and children, so long as they ensure success.”
Hitler with Grand Admiral Erich Raeder 1939
The German naval forces were no more immune from the infection than the land forces. Raeder ordered violations of the accepted rules of warfare wherever necessary to gain strategic successes. Donitz urged his submarine crews not to rescue survivors of torpedoed enemy ships, in order to cripple merchant shipping of the Allied Nations by decimating their crews.
Thus, the WAR CRIMES against Allied forces and the CRIMES AGAINST HUMANITY committed in occupied territories are incontestably part of the programme for making the war because, in the German calculations, they were indispensable to its hope of success.
Similarly, the whole group of pre-war crimes, including the persecutions within Germany, fall into place around the plan for aggressive war like stones in a finely wrought mosaic. Nowhere is the whole catalogue of crimes of Nazi oppression and terrorism within Germany so well integrated with the crime of war as in that strange mixture of wind and wisdom which makes up the testimony of Hermann Goering. In describing the aims of the Nazi programme before the seizure of power, Goering stated that the first question was to achieve and establish a different political structure for Germany, which would enable Germany to object against the Dictate (of Versailles), and to make not only a protest, but an objection of such a nature that it would actually be considered.
Hermann Goering
With these purposes, Goering, admitted that the plan was made to overthrow the Weimar Republic, to seize power, and to carry out the Nazi programme by whatever means were necessary, whether legal or illegal.
From Goering’s cross-examination we learn how necessarily the whole programme of crime followed. Because they considered a strong State necessary to get rid of the Versailles Treaty, they adopted the Fuehrerprinzip. Having seized power, the Nazis thought it necessary to protect it by abolishing parliamentary government, and suppressing all organized opposition from political parties. This was reflected in the philosophy of Goering that the opera was more important than the Reichstag. Even the “opposition of each individual was not tolerated unless it was a matter of unimportance”. To insure the suppression of opposition a secret police force was necessary. In order to eliminate incorrigible opponents, it was necessary to establish concentration camps and to resort to the device of protective custody. Protective custody, Goering, testified, meant that:
“People were arrested arid taken into protective custody who had not yet committed any crime but who could be expected to do so if they remained free.”
The same war purpose was dominant in the persecution of the Jews. In the beginning, fanaticism and political opportunism played a principal part, for anti-Semitism and its allied scapegoat, mythology, were the vehicle on which the Nazis rode to power. It was for this reason that the filthy Streicher and the blasphemous Rosenberg were welcomed at Party rallies and made leaders and officials of the State or Party. But the Nazis soon regarded the Jews as foremost amongst the opposition to the police State with which they schemed to put forward their plans of military aggression. Fear of their pacifism and their opposition to strident nationalism was given as the reason that the Jews had to be driven from the political and economic life of Germany. Accordingly, they were transported like cattle to the concentration camps, where they were utilised as a source of forced labour for war purposes.
At a meeting held on 12th November, 1938, two days after the violent anti-Jewish pogroms instigated by Goebbels and carried out by the Party Leadership Corps and the SA, the programme for the elimination of Jews from the German economy was mapped out by Goering, Funk, Heydrich, Goebbels, and the other top Nazis. The measures adopted included confinement of the Jews in ghettoes, cutting off their food supply, “aryanizing” their shops, and restricting their freedom of movement. Here another purpose behind the Jewish persecutions crept in, for it was the wholesale confiscation of their property which helped to finance German rearmament. Although Schacht’s plan to use foreign money to ransom the entire race within Germany was not adopted, the Jews were stripped to the point where Goering was able to advise the Reich Defence Council that the critical situation of the Reich exchequer, due to rearmament, had been relieved “through the billion Reichsmark fine imposed on Jewry, and through profits accrued to the Reich in the aryanization of Jewish enterprises”.
A glance over the dock will show that, despite quarrels among themselves, each defendant played a part which fitted in with every other, and that all advanced the Common Plan. It contradicts experience that men of such diverse backgrounds and talents should so forward each other’s aims by coincidence. The large and varied role of Goering was half militarist and half gangster. He stuck his pudgy finger in every pie. He used his SA bullies to help bring the gang into power. In order to entrench that power he contrived to have the Reichstag burned, established the Gestapo, and created the concentration camps. He was equally adept at massacring opponents and at framing scandals to get rid of stubborn generals. He built up the Luftwaffe and hurled it at his defenceless neighbours. He was among the foremost in harrying Jews out of the land. By mobilising the total economic resources of Germany he made possible the waging of the war which he had taken a large part in planning. He was, next to Hitler, the man who tied the activities of all the defendants together in a common effort.
Einsatzgruppen Trial, SS General Otto Oldendorf
The parts played by the other, defendants, although less comprehensive and less spectacular than that of the Reichsmarschall, were nevertheless integral and necessary contributions to the joint undertaking, without any one of which the success of the common enterprise would have been in jeopardy. There are many specific deeds of which these men have been proven guilty. No purpose would be served -nor indeed is time available -to review all the crimes which the evidence has charged against their names. Nevertheless, in viewing the conspiracy as a whole and as an operating mechanism, it may be well to recall briefly the outstanding services which each of the men in the dock rendered to the common cause.
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Padre Steve+
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