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

Friends of Padre Steve’s World,

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

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

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

McCarthy and Roy Cohn and Trump and Cohn Below

 

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

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

So on to Judgment at Nuremberg… 

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

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

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

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

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

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

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

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

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

Hans Rolfe: Your Honor, I must protest!

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

Emil Hahn: Traitor! Traitor!

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

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

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

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

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

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

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

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

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

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

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

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

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

Have a nice night.

Peace,

Padre Steve+

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Have You no Sense of Decency, Sir?

welch

Joseph Welch during the McCarthy Hearings

Friends of Padre Steve’s World,

Sixty-three years ago today, Joseph Welch, the Chief Counsel for the United States Army during Senator Joseph McCarthy’s anti-Communist hearings uttered a phrase that shook the Senator and stopped the momentum of McCarthy’s far ranging political crusade to impinge the honor and integrity of Americans who he accused of being Communists on live television, with no chance for rebuttal, knowing that even the hint of being associated with the Communists would ruin their lives, even if it proved to be unfounded.

On the 30th day of the hearings, fed up with McCarthy’s tactics, Welch stopped McCarthy in his tracks.   Welch challenged McCarthy’s Counsel, Roy Cohn to provide the Attorney General with McCarthy’s list of 130 Communists or subversives in defense plants “before the sun goes down.”

(Note: Cohn later became Donald Trump’s lawyer in the first series of lawsuits against the future President for racial discrimination in violation of the Fair Housing Act in the early 1970s before his disbarment)

McCarthy interrupted and began an ad homonym attack on one of Welch’s legal associates. Welch stopped him and said:

Until this moment, Senator, I think I have never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us….Little did I dream you could be so reckless and so cruel as to do an injury to that lad. It is true he is still with Hale and Dorr. It is true that he will continue to be with Hale and Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty I would do so. I like to think I am a gentleman, but your forgiveness will have to come from someone other than me.

McCarthy charged ahead only to be stopped by Welch.

Senator, may we not drop this? We know he belonged to the Lawyers Guild … Let us not assassinate this lad further, Senator. You’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?

Even so McCarthy went back on the attack and was repulsed yet again.

Mr. McCarthy, I will not discuss this further with you. You have sat within six feet of me and could have asked me about Fred Fisher. You have seen fit to bring it out. And if there is a God in Heaven it will do neither you nor your cause any good. I will not discuss it further. I will not ask Mr. Cohn any more witnesses. You, Mr. Chairman, may, if you will, call the next witness.

The chamber exploded in cheering and applause as McCarthy sat silent. It was a moment that McCarthy and his hearings never recovered from. “Tail gunner Joe” would be censured by the Senate and die just three years later from acute hepatitis.

Over the past two years we have seen the President, his aides, his political hatchet-men in the pulpits and the media, and even sitting GOP Congressmen and Senators go out of their way to impugn the honor and integrity of anyone who criticizes the President or who seems to stand in his way, be they the Acting Attorney General, the FBI Director, and even members of the Federal Courts.

As the Senate hearings investigating the Russia scandal that is rapidly encompassing a large number of Trump aides continue, I wonder if in the midst of them someone will have their Joseph Welch moment and challenge those in the Senate, from the White House, or in the media impugn the integrity, motives, and honor of Comey and others during the hearings this week.

Until tomorrow,

Peace

Padre Steve+

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Hank Williams Junior’s Free Speech Violated? Give me a Break… it was Business doing what is best for Business

 

“After reading hundreds of e-mails, I have made MY decision. By pulling my opening Oct 3rd, You (ESPN) stepped on the Toes of The First Amendment Freedom of Speech, so therefore Me, My Song, and All My Rowdy Friends are OUT OF HERE. It’s been a great run.” Hank Williams Jr. announcement Thursday after ESPN announced that he would no longer be featured as the intro to Monday Night Football

Back when I was in college I did something incredibly stupid simply because I thought that I was being funny.  I had a part time job as a Peer Counselor with the Educational Opportunity Program.  The program was to help kids from poor families with not so great educations get a chance at college. Some kids did well and others didn’t.  My wife Judy was a student in the University’s program for Deaf and Hard of Hearing Students.  The office that ran the deaf program was called Support Services for Deaf Students or simply SSDS.

Judy had a roommate named Kendra and the three of us came up with some pretty sick jokes. In fact I learned sign language more to tell jokes with Kendra more than any other reason. Since Judy was “just hard of hearing” I used some sign with her but mostly to help her understand in difficult situations as for the most part she functioned as a hearing person despite having a 77% hearing loss.   Judy is also an artist and a cartoonist. One day we came up with a fake flyer for a parody of SSDS.  We called it Support Services to Dead Students.  Judy did the drawing and all would have been well had I not gotten the less than brilliant idea to “spam” the flyer out. Now this was way before e-mail and Facebook or any other social media.  So I went to a copy store and made about 50 copies and took them to work. I put them in messenger envelopes and sent them to most school departments through the internal school mail system.  I thought that it was hysterical and I must have let slip to someone that I had pulled this off this prank. Anyway a couple of days later I was called into my boss’s office and was told by him that he knew that I did it. He felt that it was deeply offensive and that I could resign or be fired.  I ended up resigning and my boss was grateful.  To be truthful it had nothing to do with the EOP students we were poking fun at the deaf students. Yes it was still crass and insensitive but I didn’t think that I would lose my job over it. I thought that it was a funny parody. My employer didn’t.

I learned a hard lesson. No matter how funny I thought that my parody was that it didn’t mean that my employer had to keep me on. What I did embarrassed my department and paid the price for it. Was anyone harmed? No. Was it malicious? No.  Could it be interpreted in ways that I didn’t intend it to be? Yes. Did it reflect on my lack of judgment? Yes.  Did my boss have a right to terminate me? Yes.  Did I learn? Most of the time.

http://www.youtube.com/watch?v=1eF6vCv13bw

Now of course Hank Williams Jr. made a complete ass of himself on Fox and Friends Monday morning.  Not only did he compare President Obama with Hitler but he went into a rant that just made him look like an angry idiot.  He called Obama “the enemy” and in making the Hitler comparison really made light of the Holocaust.  There is little that any American politician on the right or the left can do to be compared with Hitler.  Even his Fox friends who are not known for their love of Obama looked really uncomfortable as Hank ranted on.

Now to get things right I will defend people’s free speech rights and I don’t have to agree with them. If one decides to compare any American President with Adolf Hitler Joe Stalin, Pol Pot or the Ayatollah Khomeini he or she can say it without fear of being prosecuted by the State for doing so and if he is I will defend his right to that speech, even if I think it is hateful.  It may be hateful and ignorant to do what Hank did but there is no law against it and if he was prosecuted for it by the government I would defend his Free Speech rights.

That being said if one is the face of Monday Night Football as Hank was ESPN then there are risks to acting like an idiot. The producer of that show and the NFL had a right to end his relationship with the show.  It is about business, other companies with that advertise on Monday Night Football don’t want to be linked to the “H” word.  If they had not ended the relationship it would have been bad for business.

Let’s face it using the Hitler analogy tends to get people fired and it is not about free speech it is about business.  There are probably hundreds if not thousands of “conservative” commentators, bloggers and journalists who have made the Hitler analogy frequently on the internet and in print. It is protected Free Speech.  In fact when George W. Bush was President left wing bloggers and columnists frequently played the Hitler card against him. .  However none of them were the face of Monday Night Football and generally they work for employers that make money by criticizing Obama and the Democrats or Bush and the Republicans so they keep their jobs.  Remember each business determines what is good for their business.   Monday Night Football decided that Hank was now bad for business.

Hank is now saying that he decided to leave Monday Night Football “with his rowdy friends.” He said that what happened to him was a violation of his free speech rights. Now it seems like most people with the exception of Hank and Sean Hannity think that ESPN was within its rights to end their relationship with Hank.  If I recall one of the key conservative tenants is that employers are the ones that set the conditions for employing people.  The right to hire and fire at will is something that conservatives and Libertarians love.  Firing and shunning celebrities for doing stupid, ignorant or hateful things or even for benign associations is a sport in this country if a business deems the celebrity’s actions bad for business.

Let’s just go back 50-60 years, the McCarthy hearings and the Hollywood “blacklist” which tarred and feathered many actors, directors and others involved in the film industry being associated with the Communists or other unpopular causes at some point in their life, even if they had renounced that association.  Those people were not allowed to work, many for years simply because their loyalty to the country which had nothing to do with their acting abilities was questioned and producers fearing audience backlash simply blacklisted them.  Some of the many people blacklisted included Orson Welles, Burgess Meredith, Eddie Arnold and Edward G. Robinson.

Then there was an actress named Hanoi Jane Fonda, daughter of Hollywood icon Henry Fonda who had the dumb ass idea to go to North Vietnam, make anti-American and anti-war statements and be photographed on an anti-aircraft gun within a mile or so of the Hanoi Hilton POW camp.  She couldn’t get work for several years and when she did start working again, many people, me included boycotted her films and I still won’t watch them.  She was able to say what she wanted but she suffered the consequences and is still one of the most hated Hollywood celebrities in conservative circles.

There are so many other examples where celebrities have been fired or shunned because of their actions. Here are a few:

Gilbert Gottfried: Tsunami jokes got him fired as the voice of the Aflack Duck.

Megan Fox: Canned from Transformers due to Hitler remarks.

Madonna: Fired from her Pepsi sponsorship when the American Family Association boycotted Pepsi after Madonna released her controversial “Like a Prayer” music video.

Michael Phelps: After getting caught smoking dope was dropped by Kellogg’s Corn Flakes and Frosted Flakes.


Mel Gibson: He was shunned after making anti-Semitic comments during a DUI arrest. His career has not been the same since.

Whoopi Goldberg: The Sister Act star got canned from her Slim Fast spokesperson job when she made double entendres about President George Bush at a John Kerry fund raiser.  She was also shunned by Kerry after it.

Sharon Stone: Dropped by Christian Dior inChina for suggesting that Chinese earthquakes were caused byChina’s treatment of Tibet.

The Smothers Brothers: Their hit comedy was cancelled by CBS for their controversial statements about racism,Vietnam and politics.

The Dixie Chicks: While touring “Old Europe” the country singers lashed out at President Bush and the Iraq War.  They were not fired but lost a huge number of fans in the process. The fans shunned them. They lost money and have not regained their former popularity.

The list can go on but I think I make my point. If people want to claim that business are free to do as they please and hire and fire people for whatever reason they deem fit on one hand, then they shouldn’t  that their Free Speech rights are being violated.  It is a two way street.  Think about it. If you are a business owner or in management and one of your employees does something that you think reflects badly on your business and may hurt your business would you fire them? You bet your ass you would and it doesn’t matter for what reason politics, religion or even your sense of humor.

What old Hank did was so stupid it defies imagination but he could say it. Fox didn’t cut away as he shot off his mouth, he wasn’t censored.  While his words and tenor were unbelievably stupid they were not illegal.  However I don’t blame ESPN for firing his sorry ass.  Hank is no victim of political correctness he shot his own balls off and I don’t care if he works ever again or he overcomes this and his career recovers.  However, he can say what he wants and believe what he wants and if he was prosecuted by the government for voicing those beliefs I would defend his Free Speech rights.  But that is not the case here.

Now I do have a lot of strong feelings about the often capricious ways that businesses use their liberty to mistreat or silence workers for speaking their political and religious beliefs in the workplace.  However if one wants to say that businesses should be free to do what they want to increase profits and market share without government interference then one has to expect that businesses will do best for business. Profit and not Free Speech is their number one concern.  Many celebrities and ordinary citizens have found this out before Hank; he can just join the club.  Heck, I’m no celebrity but it happened to me too… boo hoo Hank. Boo hoo. I’ll cry in my beer with you.  Wow that rhymed.

Peace

Padre Steve+

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