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February 11, 2021 · 14:59

The Impeachment Prosecutors Open: 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.”

Friends of Padre Steve’s World,

I watched the second day of Donald Trump’s second Impeachment trial transfixed by the masterful way in which the House Impeachment Managers presented the documentary evidence and connecting the dots from the election night until 6 January. I struggled to think of a title for the article because the evidence was so overwhelming and massive it was hard to find just one thing.

The evidence is so overwhelming that if this were a normal criminal trial the defense attorneys would be doing all they could to make a plea bargain deal. But this is not a normal criminal trial and a large part of the Republican Senators serving as jury has sworn their undying fealty to Trump and will not honor either their oaths to the Constitution or the one they took as impeachment jurors. There is no crime evil enough for many of them to hold him accountable for his actions.

I was reminded of the closing arguments of Justice Robert Jackson at the major War Crimes Trial of senior Nazi leaders by the International Military Tribunal. In his closing Jackson said:

The defendants denounce the law under which their accounting is asked. Their dislike for the law which condemns them is not original. It has been remarked before that:

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

Many of those involved in the insurrection before during and after said that they were acting on the orders or invitation of Donald Trump. They called the police defending the Capitol “fucking traitors” as they violently assaulted them, even using the Thin Blue Line Flags, symbols of support for police to assault individual police officers.




The images of the attacks by the terrorists were connected with his tweets in real time on that day, including threats against his own Vice President were starting. Watching former Vice President Pence, Senator Mitt Romney, dozens of Senators barely avoiding potential death from the angry mob which was calling for the deaths of Pence, Speaker Nancy Pelosi and others which repeating his tweets by megaphone in real time to further enrage the mob. During the assault at least five people died or were killed, including Capitol Police Officer Brian Sicknick, mortally wounded the attackers who slammed a fire extinguisher into his head. Two officers committed suicide in the following days, 140 more police officers were wounded. How any American could not hold the twice impeached former President responsible for his role over many months beginning before the election to radicalize his base into following his command to come to Washington on 6 January for a “wild time” which he further incited to attack the Capitol that day, something based on his previous orders they came to fulfill.

Trump wanted Pence, Pelosi, Romney, Liz Cheney, Chuck Schumer and others dead. It was a deliberate attempt to seize the Capitol and assassinate them and others. Had it not been for the courage of the outnumbered Capitol and DC Metropolitan Police, the former Vice President, many Senators and Representatives would have been killed, the Capitol taken, the Electoral College certification stopped, and Trump proclaiming himself as President.

But the House Managers were very smart to trace the insurrection back to Trump’s actions before the election and after. In the sixty days after the election, beginning at 2 AM on election night. It was then that the former President spent spinning lies and conspiracy theories about how the election was being stolen from him, and inciting violent revolts and threats against the attorneys general of several states, and elections commissioners at state and county level who were then still engaged in counting votes and in which some states would involve multiple recounts none of which changed the results.

Despite that Trump’s legal teams fired off a volley of over 60 factually and legally unsupported lawsuits which were shot down by Republican majority State Supreme Courts, US District, Appeals, and even the United States Supreme Court. Undeterred, Trump continued trying to overturn the votes, including trying to force the Attorney General Georgia, on 2 January to find the exact amount of votes to make him the winner or the race. On Wednesday Georgia announced that Trump is now being investigated on criminal charges for trying to influence the results of the election.

In spite of all those facts Trump continued to incite his followers. He told them to “walk to the Capitol” and “fight like hell”. In a fiery speech lasting over twenty minutes he urged them to fight more than 20 times, while only once telling them to be peaceful. He described how the election had been stolen and that in such a case “normal rules do not apply.” 

Within an hour Trump knew his private army was already inside the Capitol because even Republican Senators and Members of the House were doing all they could to get him to stop the attack. In fact 14 minutes after the terrorists breached the Capitol and Mike Pence and his family was being evacuated by his Secret Service detail Trump tweeted:

“Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”

It was hours before a joyful Trump who thought the insurgents had stopped the . When he finally released a prerecorded statement he told the  insurgents “we love you” called them “patriots” and told them to “go home in peace.”

I will not go into the full timeline and events. I could but the presentation of the Impeachment Managers, Congressman Jamie Raskin, Delegate Stacy Plaskett, Congressman Eric Swalwell, Congressman Joaquin Castro, Congressman Ted Lieu, Congresswoman Madeline Dean, Congressman David Cecilline, and Congressman Joe Naguse is so damning, so overwhelming that I cannot top them.

Instead I simply put one 39 minute segment of the evidence presented by the impeachment managers at the top of this post. However, these is so much more.

Watching the events took me back to Iraq in 2007-2008 and one of the boarding missions I was on during the UN Oil Embargo on Iraq in 2002. I never believed that in my lifetime that I would see an American President attempt to overthrow an election defeat and urge his supporters to commit violence when all legal means had failed.


But besides his direct attack on our Constitution, Republic and democracy before the election until 6 January is just one of many crimes that he and his administration could be prosecuted. I am thinking of the deaths of over 400,000 Americans from COVID-19 a deadly virus that Trump knew as early as a year ago was deadlier than many people thought, but then undermined every effort to contain it or help its victims.


Then there was the treatment of refugees and would be immigrants on the United States – Mexican border including the separation of families, locking children in cages without adequate sanitary or living conditions, and the alleged forced sterilization of women in the custody of the Immigration and Naturalization service and Border Patrol in private prisons on the border, his support for far right racist and White Nationalist extremist groups including Neo-Nazis in actions all over the country which have included attacks on Synagogues, Mosques, and Black Churches.

Likewise the use of heavy handed and brutal police assaults on mostly peaceful Black Lives Matters Protesters, while ignoring looters taking advance of those demonstrations to commit crimes. The most egregious of these was led by the former President himself in broad daylight in Lafayette Park where massive numbers of Metropolitan Police, US Marshals, and numerous other Federal law enforcement agencies backed by the National Guard with active duty Army units in reserve attacked unarmed people doing nothing more than singing or chanting near St John’s Church. The attack on the protesters was notable for its lack of restraint and the President, Attorney General, Secretary of Defense and Chairman of the Joint Chiefs of Staff being involved. The SECDEF and Chairman of the JCS quickly distanced themselves from the attack and condemned it, but few others in the Administration or GOP Senators or Congressmen raised a single protest.

On Friday the former President’s defense team is planing on showing videos of BLM protestors, but more focused on the criminal looters in order to draw a moral equivalency argument. They will also show videos of House and Senate members calling for justice after the race based murders of Black Americans by police and ordinary citizens. But none ever called for an attack on the Congress, the White House or the deaths of their opponents. They insisted that the justice system from local police, sheriffs and prosecutors to the Department of Justice obey the laws against unreasonable force and violence. That will be their argument beginning Friday. They will show rioters and burning buildings but not put them in context. It will be like how the Nazis used the Reichstag Fire to seize complete political and police control and shut down opposition political parties and publications.

Sadly, that tactic may work because it plays to the inherent and often violent racism of the GOP base, and many Senators lack the moral, physical, and political courage to confront that base. Of course there are some in the Senate many in the House, and even more in the State and local GOP that are completely on board with all of this, and even now are censuring, banishing, and challenging any GOP office holder that is that 100% in for Trump. This is not the Party of Lincoln, Grant, Teddy Roosevelt, Eisenhower, Reagan or either Bush. Instead it has become a fascist, racist, theocratic, authoritarian party committed to destroying the Constitution, our Republic, Democracy, and institutions. Despite their election loss they will continue to overthrow the Republic through legal and violent means, just like Hitler’s Nazis.

As a scholar of Weimar, the Nazi Era, the Holocaust and all of the Nuremberg Trials I do not make such comments flippantly, but only in the gravest situations. Trump and his political supporters have sown the wind and our national and people are now reaping the whirlwind that President Trump is most responsible. If he is not found guilty it will green light future Presidents and elected officials to do the same or worse. Police were murdered, 140 wounded, lives threatened, our Capitol building, a symbol of liberty around the world was desecrated.

This impeachment trial is not over, but the great trial facing our country has just begun. The violence is not over.

Until tomorrow,

Peace,

Padre Steve+

 

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February 3, 2021 · 01:27

“A House Divided Against Itself” The Coming Republican Divide

democratic convnetion

Friends of Padre Steve’s World

Over the past few years, and especially after former President Trump and his Cult seized control of it, I have alluded to events in the Republican Party that make it appear that it is about to experience an identity crisis and split. That moment is rapidly approaching.

I am a historian, and there is precedent in American history for the collapse of a national political party. This happened before in the 1854 collapse of the Whig Party, the 1912 division in the republican Party, but more importantly during the 1858 through 1860 collapse of the Democratic Party. Now I am not a person to say that history repeats itself. However, there are similarities and trends, but nothing is ever exactly the same as to why different parties collapse.  

While the issues of each day may be different there are common threads of humanity, hubris and hatred that unite to destroy political parties. I think that this is happening now in the Republican Party, following Trump’s attempted Coup against the Congress, spearheaded by his true believers. These include the huge number of QAnon antisemitic conspiracy theorists who now hold office in the House of Representatives including the most notorious Marjorie Taylor Greene of Georgia, and the moves of Trump Cultists in a number of states to expel solid conservatives from the Party, or to punish as is the case of Congresswoman Liz Cheney, the number three Republican in the House because she voted to impeach Donald Trump.

So it is important to look at history whenever possible to see how different political leaders responded in times of intense ideological, economic, social, national, and sectional division. The modern GOP has become the Democrats of 1860, and are probably on the way to becoming a completely Fascist and Authoritarian Party, and there is no going back. Members and former leaders are beginning to depart the party in the tens of thousands, and soon what is off the rails, like Casey Jones will crash down the forty foot ditch taking all it can with it. 

This is part of a series on the disaster that the Democratic Party made for itself and the country between 1858 and 1860 that became a chapter in my to be published book. This deals with the after effects of the Lecompton Constitution crisis and fiasco during the 1860 Democratic Party Conventions in Charleston and Baltimore.

I hope that you will find it interesting and thought provoking.

Peace,

Padre Steve+

The fight over Lecompton was a watershed in American politics that those who wrote the Constitution of the United States could not have imagined. The deeply partisan fight served to illuminate how easily “minuscule minorities’ initial concerns ballooned into unmanageable majoritarian crises. The tiny fraction of Missouri slaveholders who lived near the Kansas border, comprising a tinier fraction of the South and a still tinier fraction of the Union, had demanded their chance to protect the southern hinterlands.” [1] The crisis that Kansas Democrats provoked drew in the majority of Southern Democrats who came to their aid in Congress and President Buchanan. This provoked Northerner, including Democrats to condemn the Southern minority, which they believed was disenfranchising the majority of people in the territory in order to expand slavery there and to other territories in the west.

The issue of Lecompton crisis galvanized the political parties of the North and demolished any sense of national unity among the Democrats. The split in the Democratic Party mirrored the national divide and the party split into hostile Northern and Southern factions, which doomed it as a national party for the foreseeable future.

Following Lecompton the intra-party Democrat divide widened as “Pro-Douglas and pro-Buchanan Democrats openly warred on one another for the next two years; an unacknowledged but real split had taken place.” [2]

The battle over the Lecompton Constitution also marked the first time that a coalition Northern Democrats sided with anti-slavery forces to defeat pro-slavery legislation in congress. Though the measure to admit Kansas as a slave state was defeated it was a narrow victory; the “Republicans and anti-Lecompton Douglas Democrats, Congress had barely turned back a gigantic Slave Power Conspiracy to bend white men’s majoritarianism to slavemaster’s dictatorial needs, first in Kansas, then in Congress.” [3]

The political impact of the Lecompton crisis on the Democratic Party was an unmitigated disaster. The party suffered a major election defeat in the 1858 mid-term elections and lost its majority in the House of Representatives even though it barely maintained a slim majority in the Senate. While the victorious Republicans had won the election, they made little legislative headway since the Democrats still controlled the Senate and James Buchanan remained President. In a sense“there were two Democratic parties: one northern, on southern (but with patronage allies in the north); one having its center of power in the northern electorate and in the quadrennial party convention… the other with its center of power in Congress; one intent on broadening the basis of support to attract moderate Republicans, the other more concerned to preserve a doctrinal defense of slavery even if it meant driving heretics out of the party.” [4] Democratic Party divide fulfilled what Lincoln had said about the country, as the Democratic Party had “became increasingly a house divided against itself.” [5]

democrat condenders

Douglas’s courageous opposition to the fraud of Lecompton would be the chief reason for the 1860 split in the Democratic Party as Southern Democrats turned with a vengeance on the man who had been their standard bearer during the 1856 Democratic primary. “Most southern Democrats went to Charleston with one overriding goal: to destroy Douglas.” [6] The party decided to meet in the Charleston to decide on their platform and the man who would be their standard bearer in the election of 1860. When the convention met in April 1860 it rapidly descended into a nightmare for the Democrats as “Southern delegates were much more intent on making a point than on nominating a presidential candidate.” [7]The “Southern delegates demanded a promise of federal protection of slavery in all the territories and a de facto veto in the selection of the party’s presidential candidate” [8] in order to block the nomination of Douglas. Southern radicals “led by William Lowndes Yancey of Alabama stood for seven days agitating for a pro-slavery platform.” [9]

Ohio Democrat George A. Pugh responded to the Southern fire-eaters and said that “Northern Democrats had worn themselves out defending Southern interests – and he declared that the Northern Democrats like himself were now being ordered to hide their faces and eat dirt.” [10] Georgia Senator Alexander Stephens who had moderated his position and was supporting Douglas wrote that the radicals “strategy was to “rule or ruin.” [11] When their attempts to place the pro-slavery measures into the party platform were defeated by Northern delegates, it prompted “a walkout by delegates from Alabama, South Carolina, Georgia, Florida, Mississippi, Louisiana, and Texas.” [12] This deprived Douglass of the necessary two thirds majority needed for the nomination and “the shattered convention adjourned, to reconvene in Baltimore on June 18,” [13] the “incendiary rhetoric left the Democratic Party in ashes.” [14] A friend of Alexander Stephens suggested that the party might patch things up in Baltimore, but Stephens dismissed the suggestion and told his friend, “The party is split forever. The only hope was in Charleston.” [15]

Old line former Whigs who feared the disintegration of the country led by Kentucky Senator John J. Crittenden formed their own convention, the Constitutional Union Party and declared a pox on both the Buchanan and Douglas factions of the Democratic Party. They nominated a rather cold and uninspiring moderate slave owner, the sixty-four year old John Bell of Tennessee as their candidate for President and “then chose a man who overshadowed him, Edward Everett of Massachusetts, aged sixty-seven, as the vice-presidential nominee.” [16]But this ticket had no chance of success, as Bell “stood for moderation and the middle road in a country that just now was not listening to moderates, and the professional operators were not with him.” [17]

When the Democratic Party convention reconvened the results were as Stephens predicted. Another walk out by Southern delegates resulted in another and this time a final split. “Rival delegations from the Lower South States arrived in Baltimore, one side pledged to Douglas and the other to obstruction. When the convention voted for the Douglas delegations, the spurned delegates walked out, this time joined by colleagues from the Upper South.” [18] Though Douglas did not have the two-thirds majority, the convention “adopted a resolution declaring Douglas unanimously nominated.” [19] A day later the radicalized Southern delegates nominated their own candidate, the current Vice President, John C. Breckinridge of Kentucky as their candidate “for president on a slave-code platform.” [20]

There were now four presidential tickets, three composed of Democrats and former Whigs, “each supported by men who felt that they were following the only possible path to salvation. A Republican victory was almost certain, and the Democrats, who had the most to lose from such a victory, were blindly and with a fated stubbornness doing everything they could to bring that victory to pass.” [21]

The Democratic Party had imploded and doomed the candidacies of Douglas and Breckinridge. The Augusta Daily Chronic and Sentinel editorialized, “It is an utterly futile and hopeless task to re-organize, re-unite and harmonize the disintegrated Democratic party unless this is to be done by a total abandonment of principle… No, sensible people might as well make up their minds to the fact that the Democratic party is dissolved forever, that new organizations must take its place.” [22]    

Notes

[1] Ibid. Freehling, The Road to Disunion Volume II: Secessionists Triumphant 1854-1861p.140

[2] Ibid. Levine Half Slave and Half Free p.213

[3] Ibid. Freehling, The Road to Disunion Volume II: Secessionists Triumphant 1854-1861p.142

[4] Ibid. Potter The Impending Crisis p.394

[5] Fehrenbacher, Don E. Kansas, Republicanism, and the Crisis of the Union in The Civil War and Reconstruction Documents and Essays Third Edition edited by Michael Perman and Amy Murrell Taylor Wadsworth Cengage Learning Boston MA 2011 p.94

[6] Ibid. McPherson The Battle Cry of Freedom p.213

[7] Ibid. Goldfield America Aflame p.167

[8] Ibid. Levine Half Slave and Half Free p.216

[9] Ibid. Guelzo Fateful Lightening p.121

[10] Catton, Bruce The Coming Fury Phoenix Press, London 1961 p.32

[11] Ibid. McPherson The Battle Cry of Freedom p.215

[12] Ibid. Goldfield America Aflame p.167

[13] Ibid. Guelzo Fateful Lightening p.121

[14] Ibid. Goldfield America Aflame p.167

[15] Ibid. Catton The Coming Fury p.46

[16] Ibid. Potter The Impending Crisis p.417

[17] Ibid. Catton The Coming Fury p.46

[18] Ibid. Goldfield America Aflame p.168

[19] Ibid. Potter The Impending Crisis p.413

[20] Ibid. McPherson The Battle Cry of Freedom p.216

[21] Ibid. Catton The Coming Fury p.69

[22] Ibid. Guelzo Fateful Lightening p.121

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February 1, 2021 · 04:03

“A country isn’t a rock. It’s not an extension of one’s self. It’s what it stands for. It’s what it stands for when standing for something is the most difficult!” The Second Trump Impeachment Trial and Judgement at Nuremberg

p
rolfe

Friends of Padre Steve’s World,

I am returning to an old article about the Holocaust, the Nuremberg Trials, the film Judgement at Nuremberg in the wake of the attempted Trump Coup of 6 January 2021 where his Cult, led by White Supremacists, Neo-Nazis, Neo-Confederates, Evangelical Christian Theocrats, unconstitutional and illegal “self-proclaimed militias,” True Believers of the QAnon Conspiracy Cult, were urged on by the former President, members of Congress, his family, and his personal lawyer to attack the Capitol. At the time Congress was meeting in its solemn task to finalize and certify the Electoral College Vote to certify President Elect Joe Biden, and Vice President-Elect Kamala Harris as the next President and Vice President of the United States. The assault was the grossest violation of our Republic, Democracy, and Constitution in history, and it was done by Americans, many of whom were military or former military or law enforcement officers. Likewise, elected officials from several states took part in it while Republican members of the House are believed to have aided them from the inside. Despite the fact that Trump is out of office he still controls the GOP which at state and local levels is already conducting a Stalin like Purge of GOP officials from the party and are even threatening well respected elected and appointed officials including the number three Republican in the House of Representative, Liz Cheney. These are not Republicans, they little different than former German Conservatives who joined the Nazis following Hitler’s appointment as Chancellor. They have surrendered any principles they once held and have become swore their unconditional loyalty to Adolf Hitler, only now that loyalty is to Trump and Trump alone.

That means that the danger is not over and in the week leading up to Trump’s Second Impeachment Trial, during and after it means that our Republic and anyone who actually supports and defends the Constitution of the United States against all enemies, foreign and domestic is in danger for their lives. This judgement is not some figment of my imagination but based on the words and actions of Trump and his Cult over the last five and a half years.

With that I take you back to a different time and different lan, but one not  so different of cultural and political distress. As I said this is an older article, now somewhat edited, which should send chills up the spine of anyone of any party who still believes in the American Experiment and those words of our Declaration “all men are created equal and endowed by their Creator with certain unalienable rights including life, liberty and the pursuit of happiness…” and that this founding principle is the basis of an ever expanding definition of liberty for all people of all times who are blessed to live after Thomas Jefferson penned those words.

So until tomorrow,

Peace,

Pasre Steve+

I read and write a lot about Weimar and Nazi Germany as well as the Holocaust. They were the focus of my undergraduate major working under Dr. Helmut Heussler who served as a translator and interrogator at Nuremberg while I was a student at California State University at Northridge and later in my Masters of Arts in Military History. I read the documents, the histories, the narratives, and the reports both in English and German. I study the perpetrators, the victims, and yes the bystanders as well and there is not enough time in one man’s life to read all of them, but I will try.

Likewise I visit the sites where things happened in Germany, and every time that I make a trip to those places I learn more and believe me it is not comfortable.  When I visited the Palace of Justice in Nuremberg a few years ago I saw a picture of Dr. Heussler doing his work. Back then he was very young and it would be a number of years before he finished college and went on to his doctorate. When I saw his picture I remembered just how important he was in opening my eyes to the dark side of humanity; even those people that are not truly evil; those like most of us who exist between the shades of gray between sainthood and the devil.

The histories, the documents, the narratives paint a dark picture of humanity and the fallibility of people. The portrait that they paint a disturbing picture of the true nature of what is in all of us. When I look at the pictures and see the films I can see that the lessons of that time have not been learned. Dr. Timothy Snyder wrote:

“The world is now changing, reviving fears that were familiar in Hitler’s time, and to which Hitler responded. The history of the Holocaust is not over. Its precedent is eternal, and its lessons have not yet been learned.”

In the age where men who admire tyrants and authoritarians like Trump, Putin, Farage, Erdrogan, Assad, and so many others it is important that we try to learn the lessons lest we fall into the same trap as our ancestors and become perpetrators, victims, or bystanders. I often find myself wondering what will be said we Americans of our time in say fifty years or so. I have a feeling that it will not be favorable or sympathetic.

Such a fascination with the thoughts of others years after I am likely to be dead may seem unusually circumspect. But my call as a priest and a historian doesn’t allow me not to care about the future, or ignore present realities. The fact is that totalitarian regimes and events like the Holocaust are all too common in human history, one of those is the connection of humanity with its past and future, and that humanity being the constant in our history. 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.”

The fact is that there are very few true saints and likewise very few truly evil people. Quite obviously Adolf Hitler and many of his associates fell in the latter category. The rest of us, and for that matter most of the people on all sides during from the Nazi seizure of power until the Gotterdammerung of the Third Reich in in the flames of Berlin in 1945 fall somewhere in the gray area between the truly evil and sainthood. Yet, truthfully all of us given the right conditions are capable of becoming perpetrators, victims, or the worst, bystanders who turn their backs on evil because it doesn’t seem to affect us; but it does.

Admittedly this is a dark subject and as I always reminded my students “the one constant in history are fallible human beings.” 

During our recent blizzard and snow event my wife Judy was away, so one of the nights that I was alone I re-watched the film Judgment at Nuremberg. The film is profoundly disturbing not only because of the subjects that it deals with but also when we look at the great uncertainty time that we live and how similar it is to the world of the late 1920s and early 1930s. In one of the more disturbing scenes of the film, Maximillian Schell, who played Hans Rolfe, the defense counsel for Ernst Janning, played by Burt Lancaster gives a summation in the final defense of his client who has already admitted his guilt which is remarkable because he tells the truth about the guilt of everyone.

Rolfe’s summation of his defense following his client’s admission of guilt is damning. It is something that almost all of us do. It is how we look at the atrocities of genocide, war crimes, ethnic cleansing, the willful starvation of millions by criminal regimes; and then stand by saying little or nothing and doing nothing, sometimes even supporting the leaders or the regimes that commit these actions.

So please, no matter what your political point of view, take the time to watch clip or the whole film, and read the transcript of Schell’s speech below. It’s far easier than trying to do all the reading, study, and research that I have done.

“Your Honor, it is my duty to defend Ernst Janning, and yet Ernst Janning has said he is guilty. There’s no doubt, he feels his guilt. He made a great error in going along with the Nazi movement, hoping it would be good for his country. But, if he is to be found guilty, there are others who also went along, who also must be found guilty. Ernst Janning said, “We succeeded beyond our wildest dreams.” Why did we succeed, Your Honor? What about the rest of the world? Did it not know the intentions of the Third Reich? Did it not hear the words of Hitler’s broadcast all over the world? Did it not read his intentions in Mein Kampf, published in every corner of the world? Where’s the responsibility of the Soviet Union, who signed in 1939 the pact with Hitler, enabled him to make war? Are we not to find Russia guilty? Where’s the responsibility of the Vatican, who signed in 1933 the Concordat with Hitler, giving him his first tremendous prestige? Are we not to find the Vatican guilty? Where’s the responsibility of the world leader, Winston Churchill, who said in an open letter to the London Times in 1938 – 1938! Your Honor – “were England to suffer national disaster should pray to God to send a man of the strength of mind and will of an Adolf Hitler!” Are we not to find Winston Churchill guilty? Where is the responsibility of those American industrialists, who helped Hitler to rebuild his armaments and profited by that rebuilding? Are we not to find the American industrialists guilty? No, Your Honor. No! Germany alone is not guilty: The whole world is as responsible for Hitler’s Germany. It is an easy thing to condemn one man in the dock. It is easy to condemn the German people to speak of the basic flaw in the German character that allowed Hitler to rise to power and at the same time positively ignore the basic flaw of character that made the Russians sign pacts with him, Winston Churchill praise him, American industrialists profit by him! Ernst Janning said he is guilty. If he is, Ernst Janning’s guilt is the world’s guilt – no more and no less.”

Spencer Tracy who played Judge Dan Haygood in the film pronounced the guilty verdict in these words and in this film clip.

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

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

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

Herr Rolfe further asserts that the defendant, Janning, was an extraordinary jurist and acted in what he thought was the best interest of this country. There is truth in this also. Janning, to be sure, is a tragic figure. We believe he loathed the evil he did. But compassion for the present torture of his soul must not beget forgetfulness of the torture and the death of millions by the Government of which he was a part. Janning’s record and his fate illuminate the most shattering truth that has emerged from this trial: If he and all of the other defendants had been degraded perverts, if all of the leaders of the Third Reich had been sadistic monsters and maniacs, then these events would have no more moral significance than an earthquake, or any other natural catastrophe. But this trial has shown that under a national crisis, ordinary — even able and extraordinary — men can delude themselves into the commission of crimes so vast and heinous that they beggar the imagination. No one who has sat at through trial can ever forget them: men sterilized because of political belief; a mockery made of friendship and faith; the murder of children. How easily it can happen.

There are those in our own country too who today speak of the “protection of country” — of “survival.” A decision must be made in the life of every nation at the very moment when the grasp of the enemy is at its throat. Then, it seems that the only way to survive is to use the means of the enemy, to rest survival upon what is expedient — to look the other way.

Well, the answer to that is “survival as what?” A country isn’t a rock. It’s not an extension of one’s self. It’s what it stands for. It’s what it stands for when standing for something is the most difficult!

Before the people of the world, let it now be noted that here, in our decision, this is what we stand for: justice, truth, and the value of a single human being.”

Sadly, little has changed in the character of humanity. If we do or say nothing, if we support those who do such things, if we close our eyes and pretend that it is not our problem, then we too are the guilty party.  As Hannah Arendt wrote: “The sad truth is that most evil is done by people who never make up their minds to be good or evil.”

Sophie Scholl, a young university student who died at the hands of the Nazis for daring to distribute leaflets telling the truth about Hitler’s regime 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.”

Whether I live one day, or another fifty years, I do not want to be a person who wants to be remembered as one who “just wants to survive,” or “left in peace,” or as Arendt said one “who never makes up their mind to be good or evil.” Nor can I be one who just goes along with things as Janning did, carrying out the orders of Hitler and the Nazi Regime in Judgment at Nuremberg, even though personally disgusted by them or be one for “whom freedom, honour, truth, and principles are only literature.” 

How many Republican officials and Trump appointed judges are doing just what Jannina did without any feeling of remorse of conscience? I would dare say more than any of us would think possible.

That being said, I will never stop speaking the truth regardless of the cost. That is the only way I know how to live. Life has taught me that not to do so is to countenance unspeakable crimes, and surrender to the whims of those of whom the words of the Declaration, the Preamble of the Constitution, the Gettysburg Address, Franklin Delano Roosevelt’s First Inaugural Address and Four Freedoms, Dr. Martin Luther King’s Letter from a Birmingham Jail, John F. Kennedy’s Inaugural Address, and speech at the Berlin Wall, King’s I Have a Dream and I Have Been to the Mountaintop speeches, Frederick Douglass’s Fourth of July Speech, and so many others have called us to. Will will follow in their step’s or those of Hitler, Mussolini, Stalin, Laval, Petain, and so many other tyrants or would by tyrants like Trump?

That my friends is the question we all must ask ourselves today. It is actually a simple but potential soul rending question. The answer to it determines who you chose to serve and what you will defend, our Declaration, Constitution, Republic,  Democracy and Freedom, or the tyranny of “liberty for the few, slavery for the masses.”

That is the question. As Bob Dylan sang “It might be the Devil, it might be the Lord, but you gotta serve somebody…”

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