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The Complicity of the Military and Police in Hitler’s Criminal Wars: Robert Jackson’s Closing Argument Part Two

Friends of Padre Steve’s World,

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.

To be continued…

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Ten Days In November: COVID-19 Winter Sets In

Friends of Padre Steve’s World,

COVID-19 Winter is here. The past month was brutal. Between 14 October and 13 November the United States went from 8,188,931 total cases 11,064,164. That is almost three million more infections. During that time there was an increase of COVID-19 deaths from 222,247 to 249,975. The number of active cases went from 2,675,985 to 4,025,243. Texas and California both topped a million total cases and Texas will soon top 20,000 deaths.

Most states are reporting all time highs in terms of new infections, and the infections are leading to large numbers of hospitalizations and in many rural states hospitals are at or near capacity and their ICU units are full. Across the country the virus is spreading and the same thing is happening. Even worse, the shortage of trained and experienced doctors, nurses, and technicians is stressing the system even more, because those on duty are exhausted, many are becoming infected. It is so bad in North Dakota that COVID-19 infected medical professionals are being allowed to return to work.

The growth is exponential. If the past month was bad, the last ten days were worse, 1,235,146 new infections and 11,337 deaths. The average of those ten days is over 123,000 new infections a day and 1,130 deaths.

The good news is that an effective vaccine may be approved with distribution starting in January. Even so it will take months at best to vaccinate enough people to start making a substantial impact, and the caveat is that a person needs two doses.

That still leaves us with doing the basics and doing them well to slow the spread of the virus: wearing masks correctly, social distancing, avoiding large gatherings, and frequent hand washing. But unfortunately President Trump, much of his administration, Congressional supporters, Republican governors and legislators, and his cult like followers resist doing these things. Trump and his cult politicized public health and the result is disaster followed by worse. This will break our medical system. The corporate for-profit system that prioritizes procedures that make big money from insurance companies, which profit by charging people as much as they can, paying as little possible, and denying coverage for paying customers whenever possible has turned health care into a privilege for those that can afford it and pushes those that cannot afford  it into no-win situations.

When we were traveling in Germany two years ago my wife got a bacterial infection that sickened her. When we arrived at a friend’s house near Karlsruhe it was getting pretty bad. Our friend took Judy to her doctor who took time with her, and prescribed antibiotics. The cost of the visit was minimal, far less than would have been charged here, and the cost of the medication was negligible. If we had been without insurance here it would have such care it would have been very costly. No wonder so many people here, even those with insurance plans put off, delay or don’t seek treatment.

Two weeks ago I began a journey into an abyss that I have just about recovered. I had a molar in the back of my mouth crack from the top to the root. It started with a headache on Wednesday 28 October. The headache was bad enough to make me miss work. The next two days I had contractors in the house and on Friday 30 October the tooth started hurting with my pain level going up to 12 on a scale of 10 by Friday night. Since all the Navy dental clinics were closed I went to the Naval Medical Center Emergency Room with to hope of been to see the on call Dentist. I was examined by a very young Physician’s Assistant who gave a cursory look at my mouth, said that she could not see anything worth calling down the dentist, sent me home with pain killers and antibiotics, telling me to go to my clinic on Monday morning. I have been in the military forever, I have learned to suck pain up and not complain. I went home where despite the medicine my pain got much worse and the infection in my jaw became far worse. By the time I got to the dental clinic the first dentist I saw was in shock at what he saw. I was immediately referred to an Endodontist who determined that the tooth had cracked, the nerve became infected and died with the infection spreading throughout my lower jaw. The tooth was pulled, antibiotics injected into the socket and I was sent home with stronger antibiotics and more pain medication. But I am still feeling the effects. I am having TMJ like symptoms, I continue to suffer bad headaches and the swelling is not yet gone. I called today but just got the clinic and Endontist voice mail. I will have to try to contact them on Monday morning to see about follow up.

Sadly, if I was most of the people I know in the civilian world, they would have received less care and an exorbitant price, because most health care plans severely limit dental care. However, the infection in my jaw could have become life threatening. People die from complications to dental infections, but this does not seem to be import to our profit driven health care system. Our military provided medical insurance payments for dental care are so pathetic that many dentists refuse to accept it and demand payment in full, by the way unless we are stationed overseas our family members cannot be seen in military dental clinics. Compared to most people we are privileged. Is that any way to live? Does that promote any sense of life and liberty? I think not.

How can we ever claim to be a people that values life when we make it impossible for people to have the medical care, mainly preventive care in order to fully realize the premise of the Declaration of Independence, that “All men are created equal, and endowed by their Creator with certain unalienable rights, among them life, liberty, and the pursuit of happiness.”

If people do not have a right to healthcare, they give up much of their unalienable rights to life, freedom and happiness. Unfortunately the choices our leaders have made for more than a generation have harmed our health care system and are directly impacting our response to the Coronavirus 19 Pandemic. We do not have enough physicians, enough nurses, or enough trained clinicians to take care of people in a holistic manner, we don’t have surpluses of beds, Reserve ICUs, or equipment because our hospitals and medical systems are based on maximizing profit, minimizing time in hospitals, and oppose traditional doctor patient relationships which at one time were based on doctors who knew their patients, sometimes for generations. Because of how hospital systems and insurers drive payments most doctors no longer have the time to actually know their patients and do what is best for them. This is not the fault of the doctors, most I know would love to have that luxury and are highly frustrated by the constraints placed on them by the insurance and corporate health care complex.

This has redounded to our current crisis. We don’t have the doctors, nurses, support staff, or reserve bed space because to do so is not profitable.

Our COVID-19 Winter Has just begun. Deaths could double. Hospitals will have to pick and chose who they will treat, guarantying that far to many will die and that even survivors will be subjected to lifelong illnesses.

Ten days from now I will write an update to this.

By the way, if you actually care about life you need to read historian Timothy Snyder’s latest book “Our Malady: Lessons in Liberty from a Hospital Diary. It is not a long read, but it is very sobering.

That is enough for now, but ask yourself the question: “How important is life to me? Is it enough to consider that our lives and liberty depend on being healthy? Or does that not matter? It if it does not, then I would dare say that you do not value life, liberty, or anything that is supposed to be an anchor of who we are as Americans, especially if we claim to be Christians. your personal “liberty” involves endangering the lives of other citizens by disobeying the most basic public health precautions involved in the commandment “Love your neighbor as yourself” and opposing measures to ensure that every citizen has affordable and effective healthcare that does not leave them at the lack of mercy of our current corporate profit driven system, then I think your concept of the Declaration and what it means to be an American, and what it means to be a Christian is wrong. One cannot support our current policies and healthcare system and still say they support our nations foundational ideas, nor the teachings of Jesus.

Until tomorrow,

Peace,

Padre Steve+

 

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When Military Forces Become Criminal Institution’s: The WWII Wehrmacht and the Attempt of Trump to Turn the Military into His Instrument of Terror

Hitler and His Commanders Planning Operation Barbarossa 

Friends of Padre Steve’s World,

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. Since he took office he has attempted to use military units in operations both on the Mexican Border, in Washington D.C., and has pardoned convicted U.S. Army and Navy War Criminals.

After Border Patrol agents, in full combat gear and body armor fired tear gas across across the Mexican border against Mexicans throwing rocks at them,  President Trump said that he authorized U. S. Military personnel to use deadly force against rock throwers. His former Chief of Staff, and now opponent, 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 then the President attempted to use the Army against peaceful protestors in Lafayette Part outside the White House on 1 June 2020, their use was not authorized by the Secretary of Defense and Chairman of the Joint Chiefs of Staff. However, the President used U.S. Park Police, a mixture of other Federal Police, and D.C. National Guardsmen launched a violent attack on the protestors in order to allow the President unimpeded access to St. John’s Episcopal Church for a disastrous photo-op. But the optics for the military were bad, both Secretary of Defense Mark Esper and General Mark Miley apologized for their presence. Subsequently, they have taken actions following it directly opposing the President’s most racist and pro-Confederate, and White Nationalist words and tweets, while the Commandant of the Marine Corps, Chief of Naval Operations, and other Service Chiefs banned Confederate and other racist symbols on military bases. They also ordered investigations into racial incidents and at least in the case of the Navy have moved to initiate a climate of command that takes the issues of racism, gender bias, sexual assault, religious prejudice and other actions harm anyone serving in the Navy.

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, and because I have been writing about Justice Jackson and the Major War Crimes Trials at Nuremberg. There will be a time that I write about the subsequent Generals Trial, and the Einsatzgruppen Trial. 

Until tomorrow,

Peace,

Padre Steve+

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”.

Hjalmar Schacht

 

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”.

Grand Admiral Erich Raeder

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.

Colonel General Alfred Jodl 


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.”

Admiral Wilhelm Canaris, Executed on the order of Adolf Hitler 9 April 1945 


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.”

Grand Admiral Karl Donitz

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.

Reichsmarschal Hermann Goering 

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.

To be continued…

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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.” Robert Jackson’s Closing Argument at Nuremberg and Trump: Part One

Friends of Padre Steve’s World,

Yesterday I introduced a segment of Associate Supreme Court Justice Robert Jackson’s Closing Arguments at Nuremberg. This article, which is actually the first section of that argument without the allusions to the films Nuremberg and Judgment at Nuremberg. Instead it is simply the first part of Jackson’s argument taken directly from the trial records.

Jackson’s closing occurred 178 days after his opening address, after nearly nine months of testimony, with evidence was presented by the prosecutors and the defense. It was The Nazis own records provided the massive amounts of damning evidence by which the prosecution had to present in such a skillful 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 monsters in the United States and the world all too willing to reprise the crimes of the Nazis. I sincerely believe that President Trump and many members of his administration, and his supporters are capable of doing worse than the Nazis and would do the same if he is elected to a second term, or refuses to leave office. Let the reader understand.

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”.

Until tomorrow,

Peace,

Padre Steve+

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The End of an Exhausting Week: Community, Coronavirus, and Comparisons to the Past

Friends of Padre Steve’s World,

The past week has been difficult with the corporate destruction of what used to be our version of Cheers, battling the emotions that came with that, as well as a couple day relapse into coughing most of the night and being unable to get any sleep, and obey the directive, that if one was sick one should not go to work. But, even so I was unable to get anything of substance accomplished, tired, and drained both emotionally and physically, by Wednesday night I was on the mend and able to go back to work yesterday and today. However, Thursday was busy but at the same time productive, even though I was running as if my Warp Core had been drained and I could barely get by on Impulse power. I slept fairly well Thursday night and today my propulsion and other systems were nearly back to normal.

Friday evening we were able to reunite with a good number of friends and some of our former bartenders and General Manager of our Gordon Biersch met at a locally owned Irish restaurant and bar, where the management and employees welcomed us, expressing the shock and surprise at what happened. It was a night to reunite with our friends, our extended family and community. It was nice, we were all on the same side on the bar, and the former customers were paying for the meals and drinks of those who over the last decade did so much to take care of us.

I have a number of things I will be writing about over the next few days; the Coronavirus 19 pandemic and our government’s mostly inane response to it, Season Three of Babylon Berlin, and the anniversary of the historic duel between the USS Monitor and the CSS Virginia, as well as the race for the Democratic Party nomination to run against President Trump in November, and the challenges that face the United States and World in light of the Coronavirus. Likewise, I need to update you on my Reading Rainbow. 

There are some interesting historical parallels to now and the events during the years between the First and Second World Wars which are worth exploring, including the Spanish Flu Pandemic of 1918-1919, world economic fluctuations which culminated in the Great Depression, as well as the rise of Left and Right Wing extremist parties that brought about the authoritarian rule of various Fascist, Communist, and Racist parties in Europe and Asia, which also spread to the United States and Great Britain, but in the latter they did not seize control, as they did in Germany, Russia, Italy, Hungary, Poland, Japan, and other smaller, less powerful countries; nor did they destroy the democratic and constitutional underpinnings of government as they did in France in the 1930s. However, as always I digress.

I am tired and need to get to sleep. I promise to get back on schedule, even as I watch Izzy and Pierre having their nightly Papillon war at my feet. So until sometime Saturday night or Sunday morning I wish you all well.

Peace,

Padre Steve+

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Filed under Diseases Epidemics and Pandemics, healthcare, History, Loose thoughts and musings, Political Commentary

They are silent with regard to the pernicious effects of their own gains. They complain only of those of other people.” The War Against Workers and a Capitalism that Adam Smith wouldn’t Recognize

Friends of Padre Steve’s World,

It’s not Labor Day, but it might as well be. It is time to speak up for workers. For decades organized labor has been demonized by the descendants of people who died to secure decent working conditions, wages, and benefits for regular hard working people. However, most of us, living in our own work or social media cocoons don’t realize this is going on until it hits people we know personally. I wrote about that in my last post.

The attacks on labor and workers have become much more pronounced under the Trump Administration than any prior administration since that of Herbert Hoover. But must of us who don’t work in big corporations, in the service industry, or in other fields where they have no employment protections and are victimized by CEOs, COOs, and the hedge funds that scoop up businesses and then sacrifice them for profit.

One can look at every economic depression or recession since Capitalism can be traced to the overreach of those who can make a profit out of scamming investors and victimizing workers, using the police power of government if needed. Sadly, the Trump Administration is the worst at doing this since the administration of President Herbert Hoover, who did nothing to help failing business, or unemployed, yet highly skilled workers during the Great Depression, and then ordered the Army, under Douglas MacArthur to attack veterans protesting to get their promised pensions from the First World War. Likewise, Hoover’s praise for the Italian dictator Mussolini was condemned by Marine Major General Smedley Butler, with the result that Hoover attempted to have the great Marine prosecuted and tried by Court Martial, the charges were dismissed, but Butler was denied the chance to become Commandant of the Marine Corps, and forced to retire.

Butler would later write the classic War is a Racket which serves as a reminder of how little many supposedly patriotic business leaders and politicians, would so easily defraud their country and at the same time abandon their employees and the soldiers who they claimed to support. Though not a union member, I marched in support of SEIU employees at Cabell-Huntington Hospital in the fall of 1998, and I have consistently spoken about the way workers have been denied collective bargaining, and been defined as “Human Resources” as if they were no better than any other “resource”.

They are considered fungible assets, easily disposed of when their corporation overreaches and places itself in immense debt. I saw that this week when Craftworks Holdings closed our version of Cheers with no notice, and scant severance for non-managerial employees.

So tonight I finish up with an old article about the struggle for workers and their rights.

Until tomorrow,

Peace,

Padre Steve+

Abraham Lincoln, who was perhaps our only President who was a real working man once said, “If any man tells you he loves America, yet hates labor, he is a liar. If any man tells you he trusts America, yet fears labor, he is a fool.” 

It seems that nothing about humanity ever changes, even so it is hard to believe that at one time American workers had no rights and I am not talking about African American slaves who as slaves didn’t even count as human beings. No I’m talking about the people Mel Brooks called in Blazing Saddles: “the white God fearing citizens of Rock Ridge” and for that matter every place and every race in America.

It was not until the mid-1800s in the United States and Europe that workers began to organize and protest for the right to decent wages and working conditions. But this came at a cost; the loss of jobs, homes, property, prison, deportation, deportation, and death.

There were many instances when this cost workers and labor organizers their lives. Employers, often backed by heavily armed private security contractors like the Pinkerton Agency, used deadly force to break up peaceful strikes. In the days of the Robber Barons, when business ran the government at almost every level, employers frequently called in local and state law enforcement, as well as the National Guard, and occasionally Federal troops to break strikes. They played various ethnic and racial groups off of each in order to divide the labor movement. There are hundreds of instances of such violence being used against workers, in some strikes the dead numbered in the hundreds.

                           Troops Putting Down the Pullman Strike 

Some of these attacks on workers occurred in major cities, others at isolated work sites and factories. Some are famous, the Haymarket Massacre of May 4th 1886 in Chicago, the Pullman Strike Massacre of 1894, the Homestead Strike and Massacre of 1892, the Latimer Massacre of 1897, the Ludlow Massacre of 1914, and the Columbine Mine Massacre of 1927.

Others less so, but there was more. In the Bisbee Deportation of 1917 1300 striking miners and their families were deported from their homes in Bisbee Arizona by 2000 armed deputies, put in box cars and transported 200 miles to the New Mexico desert, where without food, water or money they were left. There was the Triangle Shirtwaist Factory Fire where managers locked the doors in order to ensure that the fleeing women workers did not put anything unauthorized in their purses. One hundred forty-four workers, mostly young women died, many jumping from the burning building to their death.

Police and other Onlookers Looking up at the burning Triangle Shirt Factory with the bodies of Women Workers who jumped from it at Their Feet

Early labor organizations such as the Knights of Labor led the effort to bring about better conditions. For doing so they were labeled subversive and even called communists. Their meetings were often attacked and the leaders jailed and some lynched.

                                                      Eugene Debs

The sacrifices of those early workers, and organizers are why we have Labor Day. One of the early American labor leaders was a man named Eugene Debs. Debs eventually became a Socialist, but he said something remarkable which still is as timely as when he uttered the words:

“I am opposing a social order in which it is possible for one man who does absolutely nothing that is useful to amass a fortune of hundreds of millions of dollars, while millions of men and women who work all the days of their lives secure barely enough for a wretched existence.”

I wish that wasn’t true but it is. The Social Darwinists who follow Ayn Rand as if she were the Prophet and who populate Wall Street boardrooms and every major school of business ensure that it is. The disparity between wage laborers and CEOs is higher than it has ever been. But I digress…

On September 5th 1882 the first Labor Day was observed when members of several Unions in New York City organized the first Labor Day parade. The police came armed and ready to intervene if the workers got out of hand, but the parade was peaceful. It ended and the marchers moved over to Wendell’s Elm Park where they had a party. Twenty-five thousand Union men and their families celebrated, with hundreds of kegs of lager beer.

Within a few years many states began to institute Labor days of their own. In 1894, just days after the violent end of the Pullman strike in which Federal troops and Marshalls killed 30 workers and wounded 57 more, Congress and President Grover Cleveland rushed through legislation to establish a Federal Labor Day.

My Great Aunt Goldie Dundas was a labor organizer for the International Ladies Garment Worker’s Union in West Virginia in the 1920s – 1950s. I wish I had gotten to really know her, but she died when I was about 8 or 9 years old. Sadly the workers represented by that Union have had almost all of their jobs in the textile industry outsourced to China, India, Pakistan, the Caribbean, and Bangladesh where cheaply made garments are produced, and workers abused. The examples of mass deaths due to safety issues and fires in Bangladeshi factories are too numerous to list. But then who cares? The fact is you can drive through many parts of the South and see the poverty created by the exodus of these Union employers, the textile industry, which was part of the fabric of the South is gone. Empty factories and poverty stricken towns dot the countryside. I saw a lot of them living in Eastern North Carolina, towns that once thrived are ghost towns, riddled with crime, unemployment and no hope, unless Wal-Mart opens a store in town. Ironically it sells the clothing made overseas that used to be manufactured by the parents, grandparents and great-grandparents of the people who live there today.

Adam Smith, the father of Capitalism understood it in a very different manner than those who claim to be Capitalists today, especially those who inhabit the Trump Administration. He wrote in his magnum opus, The Wealth of All Nations:

“In regards to the price of commodities, the rise of wages operates as simple interest does, the rise of profit operates like compound interest. Our merchants and masters complain much of the bad effects of high wages in raising the price and lessening the sale of goods. They say nothing concerning the bad effects of high profits. They are silent with regard to the pernicious effects of their own gains. They complain only of those of other people.”

The fact is that today, labor is under threat. Unions have been demonized by politicians and pundits and their power and influence much reduced. Some of this was due to their own success in improving conditions from workers, and not just Union workers. When my dad retired from the Navy in 1974, he went to work at one of the few non-Union warehouses of the John Deere Company in Stockton, California. While they were not union, the workers received every benefit won by the majority of the workers in the company who were members of the United Auto Workers Union. Due to that my dad had high wages, excellent working conditions and benefits. The company had a program for the children of workers, which allowed them to work in the summer in the warehouse and receive incredibly high pay and benefits while in college. I did that for two years, and it helped pay for much of my college. I was not a union member but I benefited because Union men and leaders did the hard work to make that job happen.

However, in many places, Unions and labor are under attack, sometimes not just by corporations, but also by state governments, and now the Federal Government. Job security and stability for most American workers is a thing of the past. Federal and State agencies charged with protecting those rights, including safety in the workplace are being cut in the mad rush to reduce government power. Corporations are offshoring and outsourcing jobs without regard to American workers or the country itself. Part of that is due to globalization and I understand that, but these companies frequently relocate jobs to places where they can exploit workers, deny them benefits, pay them less, and suffer no penalty for ignoring safety procedures or harming the environment. It seems to me that we are returning to the days of the Robber Barons. I wonder when violence against workers and those who support them will be condoned or simply ignored.

Pope Leo XIII wrote in his encyclical Renum Novarum:

“The following duties . . . concern rich men and employers: Workers are not to be treated as slaves; justice demands that the dignity of human personality be respected in them, … gainful occupations are not a mark of shame to man, but rather of respect, as they provide him with an honorable means of supporting life. It is shameful and inhuman, however, to use men as things for gain and to put no more value on them than what they are worth in muscle and energy.”

He also wrote:

“Equity therefore commands that public authority show proper concern for the worker so that from what he contributes to the common good he may receive what will enable him, housed, clothed, and secure, to live his life without hardship. Whence, it follows that all those measures ought to be favored which seem in any way capable of benefiting the condition of workers. Such solicitude is so far from injuring anyone, that it is destined rather to benefit all, because it is of absolute interest to the State that those citizens should not be miserable in every respect from whom such necessary goods proceed.”

But sadly there are far too few church leaders of any denomination who will take the side of workers or the poor, and when they do they are either condemned by the disciples of Ayn Rand or politely thanked and ignored by politicians and corporate leaders.

So please, when you celebrate Labor Day, do not forget that it is important, and that we should not forget why we celebrate it. If we forget that, it will become a meaningless holiday and our children may have to make the same sacrifices of our ancestors.

Labor Day is a day to remember the men and women, some of them former soldiers, workers, labor organizers, and leaders; some of whom were killed by National Guard and Federal troops for their effort, who paved the way for workers today. We cannot forget that. So when you see a politician attacking Labor and seeking to diminish workers rights or benefits ask them what Abraham Lincoln or Adam Smith would think. If they can’t answer, turn your backs on them and start fighting for what is right.


AFP PHOTO/FILES (Photo credit should read AFP/AFP/Getty Images)

Dr. Martin Luther King Jr., who always stood for the rights of workers no-matter what their race, creed, or color, said:

“We must rapidly begin the shift from a “thing-oriented” society to a “person-oriented” society. When machines and computers, profit motives and property rights are considered more important than people, the giant triplets of racism, materialism, and militarism are incapable of being conquered.” 

Likewise, one cannot forget that Dr. King was assassinated when he went to Memphis to support the Memphis Sanitation Worker strike.

This my friends is why Labor and the protection of working people from those who abase them, mistreat them, and exploit them for profit is so important. What passes for Capitalism today is a cruel form Social Darwinism that Adam Smith wouldn’t recognize. It is slavery without chains, called Right to Work which destroys families by making both parents work just to keep afloat, and in ways that separate them from their children. Racial and ethnic minorities pay a higher price than white suburbia, as do poor whites in the South, Midwest, and Appalachia, the latter who due to conservative regions beliefs, and racism, support by electing people bent on killing their jobs, economic, and educational prospects.

The fact is my friends is the truth. It’s an incredibly uncomfortable subject to discuss, but if we have a choice. We can join the perpetrators and use people to advance our own interests; we can be victims, or worse, we can be bystanders, who turn our backs and allow such evils to continue.

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The Night Our “Cheers” Closed: How Corporate America Destroys Community

 

 

Friends of Padre Steve’s World,

Sunday night was the last night that our version of Cheers for the last fourteen years closed forever. About 5 PM at no notice a representative of the corporate headquarters came in and told our General Manager that our Gordon Biersch Brewery Restaurant would close at the end of the evening for good. The employees were given no notice, one day they had a job, the next day they didn’t. The fault was not theirs, it was an out of touch corporation, which over extended itself by buying up an already bankrupt restaurant chain, Logan’s Roadhouse, and then neglecting its thriving brewery restaurants of the Gordon Biersch, Round Rock, Chicago Pizza chains, and other brands. The CEO is the former CEO and Managing Parter of Logan’s, owned by the venture capital company Centerbridge Partners, L.P.

In fact, rather than a corporate owned operation, our brewery-restaurant had the feel of a local neighborhood bar, like the one called Cheers. It really was a place where everybody knew your name. It became a gathering place for friends, who along with the managers, cooks, bartenders, servers, and hosts became like an extended family. Yes, there were some who were assholes and acted overly entitled, and others that pretty much kept to themselves, but overall the clientele embraced a broad spectrum of people. Everyone from businesspeople and bankers, military personnel, reachers, professors, doctors and dentists, pensioners, day workers, shipyard workers, technicians and IT types, small business owners, retail workers, bartenders, cooks, and servers from other restaurants of a wide variety of races and, ethnicities, nationalities, and religions, straight and gay, with ages from the twenties to the nineties.

For the most part we cared for each other. We looked out for the bartenders and servers. We had each other over for dinner, for holidays, those with building or mechanical skills donated time to help those less proficient or unable due to illness or physical disability. We all pitched in when money needed to be raised for individuals or groups, proceeds from tapping parties went to charities.
In a way I became the unofficial chaplain, performing three marriages, one funeral, providing counseling, or just listening, and making hospital visits.

We gathered to visit, talk, listen, joke, on good days and bad. To watch football, soccer, baseball, hockey, the Olympic Games, the World Cup, to talk about our days, to have a listening ear, over a beer. We had parties there, celebrated Oktoberfest, the New Year, but mostly came together at the end of a day, to download and relax, to share and to care, each in our own way. A few of us, including me got a chance to work with the brewer to brew a beer of our choice. I got a chance to learn the process of how to brew what we called The Padre’s Pilsner, a crystal clear champagne like  German Pilsner, hoppy, but not overly so, crisp without being too bitter.

My wife Judy specialized in making people happy by making them beautiful jewelry and pendants, which she mostly gave to the servers, hosts, and bartenders. When Judy was in the hospital for cancer surgery and knee replacements it was bartenders and servers who visited her, and who came by the house to visit when she was recovering, not people from church or Navy Chaplains. It was our executive Chef who cooked her special menu items which she could eat based on gastrointestinal ailments.

At about 6:00 PM on Sunday we were informed that a representative from corporate had come in, and told our General Manager that the restaurant would close forever that night. Many of us came in for a final last call. There were tears, and laughs as we remembered the good times, tears as we thought of the closing, and friends who had passed away. We shared hugs, stories, and collected our steins, even for friends who couldn’t be there. Sunday night I was so discombobulated and unfocused that I couldn’t think straight, I couldn’t write, I couldn’t even focus on television or books.

But now as I previously mentioned, thanks to the CEO of Craftworks Holdings, a man who has managed restaurants, but never breweries, and the hedge fund managers at Centerbridge Partners. They are sacrificing the jewels of their corporation, the unique craft brewery restaurants to prop of a steakhouse that has been rescued from bankruptcy once, then acquired by Craftworks, whose CEO had been the CEO and managing partner of that steakhouse until 2018. But don’t take my word, just google these things these things and you will find articles in the Wall Street Journal, the Craft Beer Journal Brewbound, and many local papers, and you can see the history and scale of the decline of what were once the trademark brands of Craftworks, which were all once described as growing and innovative have been crushed by cut after cut, even extremely profitable location on Honolulu’s Waikiki, where landlords disputed the reasons Craftworks gave for shutting them down. In our case the restaurant still had over a year left on its lease, the lease was not expensive, and despite the best efforts of Craftworks to make it less competitive, by dropping Happy Hour prices on weekends and when major sporting events were going on, which drove some customers to other restaurants, who carried the NFL package and lowered prices of their drinks and appetizers, it was still profitable. If I was a betting man I would say that since 2018 that corporate has been trying to drive customers and staff away, yet they still came.

Now, our Gordon Biersch Cheers family has lost its home. Thankfully, many of us are still committed to friendships and will meet Tuesday night at another local brewery restaurant. It’s not as fancy, but it will do, and we know that the owners there, local people, not venture capitalists will appreciate our business, as will any number of the other locally owned craft breweries.

The sad thing is that the venture capitalists often back ventures that fail, making vast profits while leaving the businesses the leverage in ruins. Quality, sacrificed for cheapness, loyalty, for the mass market, community, for a mass of unknown and uncared for customers who are rushed in and out of restaurants at a rate slightly slower than fast food operations. The same can be said for almost every business organization that has been taken over by the venture capitalists. They have been destroyed, parted out, and many operations moved overseas to China, India, Malaysia, Pakistan, South Korea, the Philippines, and a host of other nations, whose people, environment, and living conditions we don’t care about while at the same time transferring the worlds wealth to the richest oligarchs.

It’s happening here. We have record employment but wages are still pitifully low, and many work more than one job to make ends meet. Even then, quite a few people are only a paycheck or two from bankruptcy. Our friends, other than management, who worked there did receive a severance, of two weeks pay at $2.13 an hour, the base minimum wage of restaurant workers, without tips, and of course all taxes will be diverted from what the corporate spokesman said was “compensating” the employees, regardless of the fact that quite a few have worked there a decade or more. It’s really shitty how corporate America treats hard workers, as well as those who are loyal to their employers. On Monday when the employees came in the trucks and men from corporate were already there, the move had been planned for some time, but the failed to notify Armada Hoffer, which holds the lease. They didn’t find out that the restaurant had closed until Monday. It’s immoral, it’s evil, and it will destroy our country. I talked to two friends tonight whose corporations are being reorganized even now. Both have their doctorates and the industries that they are in are making huge money, often assisted by agencies controlled by Trump appointees.

We didn’t learn the examples of 2008, and what happened to our little group, will happen again, and probably worse than in 2008, as the Trump Administration has loosed the bonds of the modern Robber Barons. Our little diverse family is now yet another victim of them. I worry more about our employees who are now out looking for jobs. But we will do our best to stay together.

So, until tomorrow,

Peace,

Padre Steve+

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Otherwise Good People Who Serve Evil Regimes: The Case of Friedrich Kritzinger and Trump’s Defense Team

Friends of Padre Steve’s World,

In the post impeachment era of President Trump I find myself asking hard questions about those in the Justice Department, the White House Counsel’s Office, lawyers hired to defend the President, as well as Senators and Congressmen trained in law who did all they could, successfully, I might add to ensure that the President was acquitted in his impeachment trial. Since I was a loyal Republican from 1976 to 2008, I grew up admiring or agreeing with these men much of my adult life, but that was before, I had my epiphany about where the GOP was going, and they sold their souls to Trump and became full-fledged members of the Trump Cult.

I still wonder how they got to this point, often arguing against the arguments they used in the impeachment trial of former President Bill Clinton, and the arguments used by Republicans to convince Richard Nixon that he should resign his office because they could not support him in an impeachment trial. Mind you, back in 1998 I wanted to see Bill Clinton impeached, convicted, and removed from office, but honestly that was more out of Party loyalty, and a personal conviction that lying under oath was a criminal offense, even if it involved, a reprehensible, but rather common action of powerful men. But, it did not involve collaboration with an enemy power to rig an election and compromise the electoral system of the United States and the integrity of the Presidential Office itself.

Since the GOP Senate acquitted the President, he has began a campaign of revenge to punish those who stood by their oaths and testified to the truth, or like GOP Senator Mitt Romney, the only Republican Senator who knowing the facts, voted to convict the President. The witness of men who at one time purported to be virtuous defenders of the law and Constitution in defending a lawbreaking President, defaming those who stood by their oath, and launching a campaign to punish those who testified against the President, including combat wounded military officers, while attempting to lighten the sentence of, or pardon convicted lawbreakers like Roger Stone, and convicted war criminals. One has to wonder what passes for justice for the President and his supporters.

Saint Augustine wrote: “Justice being taken away, then, what are kingdoms but great robberies.”

I saw that quote in relation both the servants of the Trump administration and Cult, as well as to Friedrich Kritzinger, a lawyer, and Prussian civil servant who served as State Secretary for the Reich Chancellery during the Third Reich and was a participant at the Wannsee conference. The authors of that article noted something that should serve as a reminder to us: “by working as a lawyer for a regime, which he had known from the start to be criminal, he made himself a stooge.” (Stefan Paul-Jacobs and Lore Kleiber in The Participants: the Men of the Wannsee Conference edited by Hans-Christian Jasch and Christoph Kreutzmüller, p.217)

Kritzinger was not what I would call an evil man. He was a traditional German conservative and Nationalist who agreed with many Nazi policies, albeit not to their extremes. But he also had strong moral and religious convictions that caused him to question and at times attempt to mitigate those policies. He was a member of the Confessing Church which condemned the Nazified faith of Reichsbishof Müller and the German Christian movement, but even many of them were receptive to the nationalism and anti-Communist stances of the Nazis. Otto Dibelius, the General Superintendent of the Confessional Lutherans was a hard line conservative and in 1933 at a service for the new Reichstag: “We have learned from Martin Luther that the Church cannot get in the way of State power when it does what it is called to do. Not even when [the state] becomes hard and ruthless…. When the state carries out its office against those who destroy the foundations of state order, above all against those who destroy honor with vituperative and cruel words that scorn faith and vilify death for the Fatherland, then [the state] is ruling in God’s name!” (Richard Seigman-Gall, the Holy Reich: Nazi Conceptions of Christianity 1933-1945 p.68)

Kritzinger himself did not join the Party until 1938 when he was recruited by Hans Lammers to fill a vacancy in the Reich Chancellery for which Party membership was required. Kritzinger was concerned. He only accepted the job and membership in the when assured that he did not have to be politically active and did not have to hire ardent Nazis for jobs in the Chancellery.

At Wannsee he was the only participant who demonstrated any sense of concern about the Final Solution of the Jewish Problem. After the conference he headed the only agency not to sign off on Reinhard Heydrich’s policies against the Jews. According to some he worked inside the system to try to mitigate the worst aspects of Hitler’s policy decisions. He felt shame for what the regime did. That being said “from 1933 on, Kritzinger held positions of responsibility and colluded in disgusting breeches of law and maintaining the illusion that the Nazi dictatorship was a constitutional state.”

The fact is that the Nazi regime believed that it was a functioning constitutional state and attempted to preserve the illusion of legality and the rule of law. Men like Kritzinger helped them to do just that. In his positions, first at the Ministry of Justice and then at the Reich Chancellery, “was held in high esteem… not as an ideological acolyte of the new leader but as an expert on law. Responsible for matters of state law, he was directly complicit in Nazi atrocities.” This included his legal justification for the Night of the Long Knives.

At the Reich Chancellery Kritzinger made sure that the administrative apparatuses the State functioned smoothly. “The facade of legality helped ensure that the Nazi regime and its crimes were accepted even by its detractors, and their participation in the system thereby facilitated.”

After Wannsee, when Kritzinger began to fully grasp what was happening in regard to the Jews he attempted to resign but his resignation was refused. His boss, Hans Lammers refused and rejected his dismissal with the remark that without Kritzinger things would run even worse. In fact, men like Kritzinger were often able to delay or hinder decisions by not passing along memos as they saw fit. Conversely they could speed decisions by ensure that information reached Hitler.

When questioned after the war Kritzinger stated:

My consultations with Hitler were of course tailored to his mentally. It goes without saying that it would have been insane to say that such and such a decision would adversely affect Jews. One had to phrase it differently, and say that it would trigger serious public unrest. Obviously we could not say anything to Hitler he did not want to hear. Especially when it came to those decisions.

I wonder how many people in the American government and in the upper echelons of the Trump administration justify and equivocate their participation in it just as Kritzinger and others like him did his under the Nazis.

Until tomorrow,

Peace,

Padre Steve+

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When Militaries Become Accessories and Instruments of War Crimes: Robert Jackson’s Closing Argument at Nuremberg for Our Time

Friends of Padre Steve’s World,

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.

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+

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.

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.”

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.

To be continued…

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The Holocaust Can Happen Again “Because it Deviated Not from Human Norms”

Friends of Padre Steve’s World,

The crimes of Adolf Hitler’s Nazi regime may seem like the happened a long time ago in a galaxy far, far away, we would all like to believe that. However, they are only as far away as the next time. That is why we must continue to show them in their awful reality. Yehuda Bauer, a historian of the Holocaust whose family escaped from Czechoslovakia the day it was annexed by the Third Reich 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.”

This is an eternal truth. The Red Chinese in Tibet, the Cambodian Killing Fields, the Serbians massacring Bosnians under the noses of Dutch Peacekeepers in Srebrenica, the Tutsis of Rwanda butchered by their Hutu neighbors shortly after Easter, as well as the crimes of the Islamic State against Kurds, opposition Sunnis, Shia, Yazidis, and Christians in Iraq and Syria.

Besides genocide we can add the crime of aggressive war against weaker neighbors or nations committed Russia in Georgia and the Ukraine, and the United States against Iraq. Then there is the assault on minority groups within various nations, the rejection of refugees, and rise in anti-Semitism across Russia, Europe, and the United States have all produced myriads of victims, perpetrators, and bystanders.

The crimes committed by the Nazis against their own citizens and the nations that they victimized are not completely unique to them. While the Nazi Genocide committed against the Jews is unique, what motivated them is far more common than we would want to admit. The Holocaust and the Nazi war for Lebensraum is not an aberration from the norms of human nature, it is the norm. That is why continuing to expose those crimes, the men and women behind them, and those who stood by, doing nothing while their neighbors were being marched away, or stood by as other men marched men, women, and children to massive pits and shot them one by one, up close and personal, by the tens of thousands.

I would like with all my heart to consign the crimes of the Nazis to the depths of history, but I cannot. It is beginning to happen again before our very eyes, the American President is pardoning convicted war criminals, rescinding American participation in international treaties, agreements, and organizations, as well as conducting anti-immigration operations, in violation of our own and international law that Jackson would have classed as crimes against humanity. That is why I, a man born thirteen and a half years after the major Nuremberg War Crimes ended with ten of the defendants hanging from the gallows continue to write about it. If we are not careful, it can and will happen again.

Over the past week I have been writing about the Nuremberg Trials and the American Chief Prosecutor, Supreme Court Justice Robert Jackson. Last night I wrote about the introduction of his closing arguments before the Tribunal which followed his opening address by nine months. I now continue with Justice Jackson’s closing arguments against the Nazi war criminals sitting in the dock of Nuremberg’s Palace of Justice.

So until tomorrow, I leave you with Jackson’s words. By the way, have a Happy Thanksgiving.

Peace,

Padre Steve+

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 Gauleiter 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 OR 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.

To be continued….

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