Transcription
♪ "When We March" ♪
NUREMBERG, GERMANY 1948
I didn't know it was this bad. A few firebombs and those old buildings are gone. There's a wall between old and new Nuremberg. It's from...
- When is that wall from, Schmidt?
- From 1219, sir.
This is where the Nazis held their meetings, right? This is where they gathered: Hitler, Goebbels, all of them. Thousands, from all over Germany.
Does he really have to keep honking? You don't have to keep honking.
Do you know your duties? Look, a piece of old Germany.
- Senator Burkette.
- Captain Byers, Judge Haywood. Byers is your adjutant. Secretary, guide, liaison... Everything.
This is your staff, Mr and Mrs Halbestadt.
- Good afternoon.
- Good afternoon, Your Honor.
- You know your driver, Schmidt.
- I'm at your service day and night.
We'll show you the rest. Then. This is the reception room. Furnished living room. The study is over there. Downstairs are two bedrooms and upstairs three more. The furniture is partly antique, partly from the army. The piano is a bit worn, but it's a real Bechstein.
Beautiful view, isn't it?
Senator, I don't need that much. If the government does something, it's done well.
- Who lived here?
- An important Nazi general.
Does Your Honor need to know anything else? Do you have any questions?
You're from West Point, aren't you?
- What's your first name?
- Harrison. Harry. Harry, I'm not a military man. That formal stuff gets on my nerves. Would it be very serious if you just called me Judge or Dan?
We do our shopping at the quartermaster. There's too little food in the shops.
Here's a copy of the indictment. I hope you'll be comfortable here. The whole state of Maine would be comfortable here. My office is next to yours in the Palace of Justice.
Do I need three servants? I feel like an idiot.
They benefit from it too. They eat here. I need three servants.
I'm glad we have someone of your caliber here. I was the only one in America who could handle this task. I wasn't the first choice, not even the tenth choice. You know that too.
Consider this: Hitler, Goebbels, and Göring are gone, suicide. We're now going to try doctors, businessmen, and judges. According to some, you shouldn't even try them. Hence the lack of candidates. They've pulled me all the way from the backwoods of Maine.
- You don't regret it, do you?
- No, not at all. But I know how the land lies. The trials must go on, especially against the judges. Hopefully, I can handle it.
That will be fine. Well, make the most of it. Enjoy this house while you can.
- You'll be very busy.
- Thank you. See you tomorrow.
Shall we take this upstairs?
- Yes, please.
- I'll take that one.
- Allow me, please.
There they are. The session is open. God bless the USA and this honorable tribunal.
The defendants are being brought in. The microphone is held to the defendant Emil Hahn. Emil Hahn, are you represented by counsel?
Not guilty. The question was whether you had a lawyer.
Yes, I do. Do you plead guilty or not guilty to the indictment?
Not guilty on all counts.
Friedrich Hofstetter. Do you have a lawyer?
- Yes, I do.
- Do you plead guilty or not guilty? You may be seated.
Werner Lammpe. Do you have a lawyer?
Yes, of course. I have a lawyer. Do you plead guilty or not guilty? You may be seated.
Ernst Janning. Do you have a lawyer? Ernst Janning, do you have a lawyer?
I represent the defendant. What is your plea to the indictment? Do you plead guilty or not guilty?
May I address the court? The defendant does not recognize the authority of this tribunal. That is noted as "not guilty..."
The prosecutor will present his closing argument.
Easy there, kid. In this particular case, the defendants are accused of acts committed in the name of the law. These men, along with their deceased or fugitive colleagues, embody the judiciary, or what passed for it, in the Third Reich. The defendants served as judges during the Third Reich. Therefore, you, as judges behind the table, must pass judgment on judges in the dock. And so it should be. For only a judge knows that a court is much more than a courtroom. It is a process and a way of thinking. It is the house of law. The defendants knew that all too well. In their robes, they twisted and raped justice in Germany. Mr. Prosecutor, please pay attention to the light. The interpreter cannot follow you. They twisted and raped justice in Germany. That alone is undeniably criminal. But they are not being held accountable for violating the constitution or denying a fair trial. They will have to stand trial for murder, violence, torture, atrocities. They bear responsibility, along with the leaders of the Third Reich, for the most wicked, shocking crimes in history. They may be more blameworthy than others because they were already adults before Hitler came to power. They were not indoctrinated by Nazi doctrine at a young age. As educated adults, they embraced the ideologies of the Third Reich, when precisely they should have stood firm for the rule of law. They will experience the justice they denied others. They will be tried based on the evidence presented here. That was all. Herr Rolfe will present his closing argument for the defense.
Gentlemen of the jury. It is not only a great honor, but also a challenge. For a lawyer... to assist this tribunal in its task. The entire civilized world will follow this trial closely. For this is no ordinary trial, in any sense of the word. The purpose of this tribunal... goes beyond imposing punishment on a few individuals. It is about the renewed consecration of the temple of justice. New legal rules must be established that the whole world will adhere to. How are those rules to be determined? They are determined... ...by a clear evaluation of responsibility for the offenses in the prosecutor's indictment. To quote the renowned American jurist Oliver Holmes: "Responsibility is not found solely in undisputed documents." "It is found in considerations of a political or social nature." "It is found, above all, in the character of individuals." What is the character of Ernst Janning? What was his life like? He was born in 1885. In 1907, he became a Master of Law. In 1914, he became a judge in East Prussia. After WWI, he co-authored the constitution of the Weimar Republic. He gained international fame as a jurist, and as a writer of textbooks, which are still used worldwide. In 1935, he became Minister of Justice in Germany. If Ernst Janning is found guilty, that has certain implications. A judge does not make laws. He executes the laws of his country. The statement "My country, right or wrong" was made by a great American patriot. It applies to a German patriot as well. Should Ernst Janning have executed the laws of his country? Or should he have refused and become a traitor? This is the issue underlying this trial. The defense is just as eager to answer the question of guilt as the prosecutor. For it is not only Ernst Janning who is on trial here. But the entire German people.
The session is adjourned until further notice.
Byers can put those documents in the files later.
Quite a damning closing argument from Colonel Lawson, wasn't it? Are those men really responsible for all those points?
I've been here for two years now. Responsibility is not a clearly defined concept.
- What are you doing this weekend?
- My wife and I are going to Liège. There's nothing to do there. My son was in the 101st. He's buried there in the American cemetery.
Excuse me. See you Monday, Dan.
- Are you going my way?
- I'll stay a bit longer. I'm still getting some documents from Byers.
Here are the reports, sir.
Captain, can you arrange for Ernst Janning's books?
- There are quite a few.
- I want them all. And a copy of the Weimar constitution. Would that be possible?
- How long have you been here?
- Two years. That's quite a long time. Do you have friends here? German friends? A girl?
Her parents were Nazis, but she was only eight then.
- That's not what I asked.
- No, but you might be thinking it. I thought: I'll indoctrinate her myself.
- Did you need anything else?
- No, I'm just going into town. You can get beer and sausage in the old town.
- Do you understand English?
- A little.
- What did she say?
- She said: "Goodbye, Grandpa."
♪ "When We March" ♪
- Are you being treated well?
- Yes. We have friends with contacts with the American authorities.
- I can report it if not.
- I am being treated well.
Dr. Janning... This is a painful situation. I know you didn't want me as counsel. You wanted no one. But I must tell you something. Will you listen to me? I want to handle your case with the utmost dignity. I will not appeal to sentiment or the mercy of the court. The game will be played by their own rules. We will see if they have the courage to convict a man like you. In my opinion, the case is primarily based on the sterilization decrees and the Feldenstein-Hoffman affair.
Dr. Janning, I must tell you something. I have always admired you, ever since I was a young law student. The thought that I might one day achieve the same as you kept me going during the war. You were someone we all looked up to.
Was that all, Herr Rolfe?
Dr. Wieck, do you know the defendant Ernst Janning?
- Yes, I do.
- In what capacity?
We worked together at the Ministry of Justice, from 1929 to 1935.
- Did you know him before that?
- Yes, he was a student of mine.
Did you know him well? Was he your protégé?
Why? He always showed great intelligence. He was gifted with the sharp mind of a great jurist.
Dr. Wieck, can you, based on your own experiences, describe the position of a judge in Germany before Adolf Hitler?
A judge was completely independent at that time.
Can you describe the possible contrast with the period of National Socialism since 1933?
Judges were bound by matters outside of objective justice. They had to adhere to what was necessary to protect the country.
Please explain.
Judges primarily had to punish acts against the state instead of approaching the case objectively.
Did anything else change?
The right of appeal was abolished. The Supreme Court was replaced by People's Courts. The concept of "race" became a legal concept for the first time.
What was the consequence of that?
The consequence? That justice was handed over to a dictatorship.
- Dr. Wieck...
- I would like to ask something. Did members of the judiciary protest?
Some did. They resigned or were forced to resign. Others adapted to the new situation.
Was the judiciary aware of the consequences?
Initially not, I think. Later it became clear to everyone who had eyes and ears.
Please describe the changes within criminal law.
Characteristically, there was an increasing inflation of the death penalty. People were convicted simply because they were Polish or Jewish, or politically undesirable. New National Socialist measures were introduced, such as the sterilization of those deemed asocial.
Did judges have to wear a special emblem on their robes in 1935?
By decree of the Führer, judges had to wear the swastika on their robes.
- Did you wear that emblem?
- No, I would have been deeply ashamed.
- Did you resign in 1935?
- Yes, certainly.
Did Ernst Janning wear a swastika on his robe?
Yes. That was it. Thank you.
Herr Rolfe. Herr Justizrat Dr. Wieck, you spoke of what was "necessary to protect the country..." What was the situation when the Nazi party came to power?
What situation? Was there widespread hunger? Was there internal division? Was there a communist party? Was it the third-largest party in Germany? Did National Socialism bring improvements in some areas?
Yes, but at a high price...
Please limit yourself to the questions.
Could a judge then not wear a swastika and still work in the national interest?
No, that was impossible. You were not part of the judiciary from 1935 to 1943, of your own free will. Could it be that you have a distorted view of justice?
No, that's not possible. How can you judge matters if you were not involved?
I had many friends in the judiciary. There were magazines and books.
From magazines and books? Exactly. You mentioned "new National Socialist measures," such as sterilization. Do you know that sterilization was not a new invention, but had been used for years against the mentally deficient and criminals?
I know that. Do you know that there are proponents of it in many countries?
I am not familiar with such laws.
Then I will read one to you. This is a ruling by a supreme court that makes such a law possible in another country. I quote: "Often, the strongest are called upon for the common good." "Why not then those who already undermine the country," so that incompetence is limited. "Instead of letting them procreate criminals or letting them starve," "society can prevent their spread through medical means." "Three generations of imbeciles are enough."
- Does this sound familiar to you now?
- No, certainly not. That's not very obvious either.
This ruling makes the sterilization law in Virginia in the USA possible and was made by that renowned jurist, Supreme Court Justice, Oliver Wendell Holmes. Dr. Wieck, can you still maintain that sterilization was a "National Socialist invention"?
Yes, because it was never used against political opponents before. Do you know of a case where someone was sterilized for political reasons?
- I know it happened.
- That's not an answer to the question. - Do you know of such a case?
- I don't know specific details. I'm asking if you know of such a case firsthand.
- No, not personally.
Thank you. Dr. Wieck, do you know the indictment as it was drawn up against Ernst Janning?
Yes. Can you honestly state that he is responsible for it?
- Yes, certainly.
- Do you consider yourself free of any blame?
- Certainly.
Dr. Wieck, did you take the oath of allegiance for civil servants in 1934?
Objection, Your Honor. The witness does not have to answer. He is not on trial.
The whole of Germany is on trial now that Ernst Janning is indicted. Responsibility must be sought everywhere.
Objection overruled. Did you take the oath of allegiance for civil servants in 1934?
- Everyone did.
- That doesn't interest us. We want to know what you did.
Please read that oath from the Juristenzeitung of March 1933.
"I swear to obey the leader of the German Reich, Adolf Hitler." "I will observe the laws and faithfully fulfill my duty."
Everyone swore that. That was mandatory. But you are so astute. You saw it all coming, didn't you? You saw that Germany would be ruined by Nazism.
"Everyone who had eyes and ears saw that." Did you not realize the significance it would have had if you and your colleagues had refused to take the oath?
Then Hitler could never have seized absolute power. Why didn't you do that? Dr. Wieck, why not? Can you explain that? Was it about your pension? Was that more important than your country?
I object to this interrogation and request that it be ignored.
- Isn't it about the question of guilt?
- I have objected.
Isn't the prosecutor concerned with guilt? It is about more than guilt for taking an oath of allegiance. One thing even the oiled German machine could not destroy. The victims. An unprecedented number of victims will here...
Order. The tribunal will not tolerate such outbursts. We are here to let justice take its course.
- I have objected.
- That has been overruled. The witness may go.
- Have you ever read anything by Janning?
- I don't think so.
- The meaning of law.
- Fascinating? All of Janning's books are fascinating. They paint a picture of the times. The hopes and desires seemed like ours. This is about the signing of the Weimar constitution.
"Before us lies a Germany without weapons or war," "where people can live instead of die." "A country with a purpose, free and humane," "that brings out the best in a person."
Can someone who writes something like that be complicit in sterilizations and murder? There have been many incomprehensible things happening here. But the prosecutor will have to substantiate every accusation if I am to convict a man like Janning.
Gentlemen, I'm leaving. Are you coming, Ken?
- About the restriction of rights...
- Tomorrow. My wife is giving a party tomorrow at the Grand Hotel. You're invited. And she wants to arrange female company for you.
- She thinks you're lonely.
- No, thank you, Curtiss.
- Women always want to matchmake.
- I'll come alone.
- And you, Ken?
- My wife and I are busy. Good night.
Mrs. Halbestadt, may I... This is Madame Bertholt. This is Judge Haywood. Madame Bertholt lived here. She came to pick up some things.
- I didn't know she was coming.
- That's my responsibility. I had stored some things here until I had enough space. You don't mind, do you?
- You can see what I'm taking.
- That's not necessary. Then I'll take this. Thank you, Mrs. Halbestadt.
Allow me. I'll carry it outside. Goodbye.
It's heavy. All books and photos that only I will find useful. Take Mrs. Bertholt home.
- Are you enjoying yourself?
- Certainly. I always liked the garden the most. If the rock garden is well maintained, you can enjoy it in the summer. I'll sit in the front. Goodbye.
Karolinenstrasse 115. Please sit down.
Mrs. Halbestadt, you worked for Mrs. Bertholt, didn't you?
- Indeed.
- How long did she live here? Madame Bertholt? Her family has lived here for generations.
Were you picking something up? Oh yes, I wanted to make a sandwich. We'll make it. Whatever you want.
No, I make it myself at home too. What would you like on it? I have ham, cheese, and liverwurst.
Cheese is nice. Very kind of you.
Mr. Halbestadt, what was life like under National Socialism?
- What was it like?
- Yes, daily life. I know many people like you. You are good people. I believe that. What was it like for you under Hitler?
Mr. Halbestadt and I are not political. But you must have noticed that certain things were happening. All sorts of things happened. There were parades. Hitler and Goebbels came here every year. How did that go?
We never attended meetings. This is not an interrogation. I'm just curious. I'd like to know.
- Here is your sandwich.
- Thank you. Here you go.
Dachau isn't very far from here. Did you have any idea what was going on there?
We knew nothing about that. How can you ask if we knew anything about it?
Excuse me. We are just ordinary people. A son was killed and a daughter died in a bombing raid. We almost starved during the war. It was terrible for us.
I believe that. Hitler also did some good things. I won't say he did nothing good. He had the Autobahn built. He provided work. We won't say he did nothing good. But those other things... What he allegedly did to the Jews, we didn't know. Most Germans didn't. And if we had known... what could we have done?
Didn't Mrs. Halbestadt say you didn't know? How did Mrs. Bertholt react to all those things?
Madame Bertholt is a wonderful woman. I believe that. What about her husband? He was in the army. What happened to him? He was a suspect in the Malmedy case. General Bertholt. Karl Bertholt. He was executed. Yes, I know that.
Then there's photographer Rudolf Lenz, who must report to one of the listed hospitals within two weeks for "medical treatment..." Then document number 488, concerning the seamstress Anni Münch. It states the following: "The court of Frankfurt am Main rules" "that Anni Münch must be sterilized." "She must report to one of these hospitals within two weeks." "If she does not report voluntarily, coercion will be applied."
Document 449, interrogations in German and English, concerning the farmhand Meyer Eichinger. I object to these documents. The first tribunal deemed these documents inadmissible without independent proof of their authenticity.
Objection sustained. Mr. Judge, may I ask the defense a question? Is proof of sterilization admissible if there is a witness?
The prosecutor calls Rudolf Petersen as a witness. Please raise your right hand. I swear by Almighty God that I will speak the truth and conceal nothing. I swear that.
Please state your name and address.
Rudolf Petersen. Frankfurt am Main. Gretweg, Number Seven.
- When were you born?
- On May 20, 1914.
What is your profession?
Farmhand. I am a farmhand.
Are your parents still alive? What did they die of? Did they die a natural death?
Yes, a natural death.
What political party was your father a member of?
The Communist Party.
Think carefully. Did anything unusual happen to you and your family in 1933, before the Nazis came to power? I mean a violent incident.
- How old were you then?
- Nineteen.
Can you tell us what happened? A few SA men came into our house and broke the windows and the door. They said we were traitors and wanted to beat up my father.
What happened then? My brothers and I came to the rescue. A fight broke out. We managed to get them out, and then we beat them up and handed them over to the police.
- Did the police do anything?
- No.
Why not? It was during the time of the national elections.
When the National Socialists came to power? Mr. Petersen, what happened after 1933, when the Nazis were in power? I got a job on a farm, but for that I had to drive a truck. I went to the municipality to get a driver's license.
And what happened there? Then I had to see an official. Had you dealt with that official before? He was one of the men who had invaded our house.
What did he say about your application? He said there had to be an examination.
Where was that examination to take place? In the court of Stuttgart.
Who was the president of that court? Judge Hofstetter.
What happened in the courtroom? They asked for my full name and such.
What else did they ask? They asked when Adolf Hitler and Dr. Goebbels were born. And what did you say then? I said I didn't know and I didn't care.
Did they ask any more questions? No. They said I would be notified in ten days.
Exactly. Mr. Petersen, I would like to show you something. Do you recognize that? Would you please read it?
"Court of Stuttgart." "The baker Rudolf Petersen, born May 20, 1914," son of railway employee Hans Petersen, "must be sterilized."
Would you read the last paragraph?
"He must report to one of the listed hospitals within two weeks for this purpose." "If he does not report voluntarily," "coercion will be applied."
Who signed the letter?
"President of the court Hofstetter."
Please read what is under the signature.
Underneath? "By order of Ernst Janning," Minister of Justice.
Mr. Judge, may the defense see Mr. Petersen's file?
What did you do when you received that letter?
I fled. I went to a friend's farm.
And did you return?
- You say?
- Did you return? And what happened then? Then the police came.
Where were you taken then? Mr. Petersen, could you perhaps speak a little louder?
To the hospital.
- What happened at the hospital?
- They kept me there. The nurse who... Well, she came in. She had to prepare me for the operation. She said she found it all so terrible. And then the doctor came in who was going to... And he also said he found it terrible.
Were you actually sterilized?
Thank you, Mr. Petersen. That was all. You may remove your headphones if you wish.
You said you were a farmhand. Is that correct?
Yes, that's correct.
What else did you do? I worked for my father.
- What did your father do?
- He worked for the railway. Yes, but what exactly did he do? He operated the railway gates up and down at the level crossing, for traffic. And you mentioned your brothers.
- How many brothers do you have?
- Five.
- And how many sisters?
- Four. So there were ten of you at home? What kind of work do your brothers do? They are laborers. All of them?
Exactly. You said the court asked you two questions, the birth dates of Hitler and Dr. Goebbels. Is that correct?
That's correct. What else did they ask? Nothing else. Are you sure? Did they ask nothing about your education?
Objection. The witness has already answered the question.
Objection sustained. May I ask you, Mr. Petersen... May I ask... How long you were in school?
Six years.
- Why not longer?
- I had to go to work. Did you consider yourself a quick learner in the past? It was a long time ago. I know... Perhaps you couldn't keep up and that's why you left school.
Objection. His academic performance is irrelevant to what happened to him. The health court had to sterilize the mentally deficient.
Objection overruled. Could you or could you not keep up with the other students? I would like to refer to Mr. Petersen's school report. He repeated a year and was placed in a class with slow children.
You said your parents died a natural death. What condition did your mother die of? She had heart problems. Did your mother exhibit strange behavior at the end? It says here that your mother suffered from a hereditary form of mental deficiency. That is not true. How did the health court in Stuttgart come to that conclusion? They only said that to be able to operate on me. Did they only say that? Mr. Petersen, there was a simple test that the court administered to all cases of mental deficiency. You say you were not asked anything at the time, so perhaps it can be done now. Make a sentence with the words "hare," "hunter," and "field."
Objection. Was the court in Stuttgart composed the same way as here? I don't understand. Was there an audience?
Objection overruled. Hare, hunter, field, Mr. Petersen. Take your time. Hare, hunter, field. They had already made their judgment... When I entered the courtroom, they had already made their judgment. I was in the hospital, like a criminal. I couldn't say anything, I couldn't do anything... I just had to lie there. My mother. What you say about her. She was a domestic servant, she worked very hard. She was a hard-working woman. It's not fair what you're saying. I'll show you. I have a photo of her. I'd like to show it. See for yourself. Then tell me. Was she mentally deficient? My mother. Was she mentally deficient? Well? It is my duty to point out to the tribunal that the witness is not in control of himself. I know that. Since that day, I'm not a shadow of who I was. The tribunal doesn't know who you were before. It can never find out. It only has your word.
The session is adjourned.
The prosecution is teeming with young radicals like Lawson. Is that Lawson? He was a personal protégé of FDR. - FDR also had non-radical friends. - Name one. Wendell Wilkie. Would you call him conservative? I sometimes wonder which camp you're in. I'll tell you. I'm a true Republican with great admiration for Franklin Roosevelt. Oh, one of those. Max. - Max Perkins. Do you know him? - Not that I know of. He's with United Press. - What are you doing here? - I thought you were going to make a fuss. I haven't drunk that much. Pardon, This is Judge Ives. - Mrs. Ives. - How are you? - Judge Haywood, Mrs. Bertholt. - We know each other. - Come sit with us? - Very gladly. Max, are you sitting here? I found your article about Mrs. Bertholt very good. It was the words with which she defended her husband. Are you going to cover these trials too? I wouldn't be able to sell an article about the Nuremberg trials anywhere now. - Why not? - Americans aren't interested anymore. - The war ended only two years ago. - That's true. - Would you like to order something? - Let me see, Another beer, Dan? No, I'd like to try something else. Try a Sonnenberg or a Schwalbenwinkel, the regional wines. Yes, that sounds good. A glass of Sweisenwinkel. - You too? - Yes, please. - Shall we stick with beer? - Fine. Did you get home safely recently? That car was a godsend. You speak English very well. Thank you. My husband and I lived in America for two years. Have you been able to see anything of Nuremberg yet? Not much more than the road from my house to the Palace of Justice. And a few sites historically related to the case. Nazi cases. You should also see other things in Nuremberg. There's plenty to see, museums we're trying to restore. Next week there's a piano concert in the old opera house. Arthur Reiss. He fled from Hitler early on. We've brought him back. It promises to be quite something. - Would you like to go? - Very much. I'll arrange a ticket at the box office. I'm on the committee. - Thank you very much. - You're welcome. I have a purpose with the Americans, as Mr. Perkins knows. What purpose? You show that we are not all monsters. - Good evening, Colonel. - Major Radnitz. Good evening, Mrs. Bertholt. - Excuse me. - You've just arrived. I have to leave. Excuse me. It was a pleasure. There's a ticket waiting for you at the box office. - Thank you. - Goodbye. Mrs. Bertholt is not particularly fond of me. I prosecuted her husband. Many people say that Bertholt shouldn't have been sentenced to death. That may be. There are probably also people who think all the prisoners in Nuremberg should be free. Pardon me. I've had a bit too much to drink, as you've no doubt noticed. I'm a bit upset by that situation with Mr. Petersen. Three beers and Schwalbenwinkel. Good beer. They can make beer here. Do you know what the problem is with Americans? We are not real occupiers. We are beginners, we can't do it yet. We arrive here and what do we see? We see a beautiful country. And it is indeed beautiful. We see the centuries-old culture. We see the gemütliche charm, and the charm of people like Mrs. Bertholt. Because of our inferiority complex, we forgive and forget quickly. We give the other person the benefit of the doubt. That's typically American.
We have defeated the greatest war machine since Alexander the Great. And now the scouts are taking over. The point with you is that you want to sue the whole country. That gives you satisfaction, but it is impractical and not very fair. Not very fair? "Hare," "hunter," "field." Yes, let's be fair. The hare was shot dead by the hunter in the field. Very simple. - Colonel, we should go. - We are not allowed to talk about this. No, we are honest, decent Americans. We are certainly not allowed to step out of line for a moment. There are no Nazis in Germany at all. Did you know that? The Eskimos have seized power here and caused all the misery. The Germans could do nothing about it. It was those Eskimos. Excuse me. Goodbye, Colonel. May I have your attention? Sorry to interrupt. These officers must report to their units: Major McCarthy, Major Citron, Major Cantor, Captain Byers, Captain Connell, Captain Douglas, Captain Wolfe, Major Booth, and Major Rice. Thank you. Carry on dancing. Harry, what's going on? The Russians are in Czechoslovakia. - We're sending a few units. - What's going to happen? I don't know. Elsa Scheffler. "President Truman immediately extended military training." "He is very concerned about the Western countries" given the threat from the East." Herr Janning, have you heard what the newspaper says? Just what Hitler said: "The struggle for survival between East and West." He knew. They will see that we knew what we were doing. They cannot condemn us and ask for help at the same time. We must form one front. The matter is now entering a crucial phase. What happy times, Herr Hahn. Once you were happy if I deigned to greet you. Now that we are sitting here together, you are suddenly going to tell me what to do. You must go along with us. Germans should not abandon each other. We have a common goal. Listen carefully. I have experienced terrible things in my life. But the worst thing is that I am sitting here now with men like you. I have nothing in common with fanatics like you. You were part of the same regime. You supported it, just like us. And you have something else in common with us. You are German. - Good evening. Did you enjoy yourself? - Yes, very much. - Shall I give you a ride? - I live nearby. I wanted to walk. Will you walk with me for a bit? Gladly. I don't need the car. I'll walk with Mrs. Bertholt. Shall I wait for you? I'll wait for you. ♪ Vor dem großen Tor ♪ ♪ Stand eine Laterne ♪ ♪ Und steht sie noch davor ♪ ♪ So wollen wir uns wieder seh'n ♪ ♪ Bei der Laterne woll'n wir steh'n ♪ ♪ Wie einst Lili Marleen ♪ ♪ Wie einst... ♪ Germans like to sing, regardless of the situation. I've noticed that. Do Americans also sing in pubs? I don't remember anymore. No, we are quite reserved in pubs. ♪ Und alle Leute soll'n es seh'n ♪ ♪ Wenn wir... ♪ It's a shame you don't understand German. The lyrics are beautiful. Very sad. Much sadder than the English lyrics. "The German soldier knows he is losing his girl" "and losing his life." "The lantern burns every evening. It knows your steps and your way of walking." "It burns every evening, but I have long forgotten." "If something should happen to me," "who will stand with you" "under the lantern, with you," "Lili Marleen." What is your life like in America? Do you have a family? I have a daughter and she has four children. - You must be very proud of them. - Yes, indeed, I admit that. - And your wife? - She has been dead for a few years. And you? Do you have children? You must hold a high position in America. It's not that bad. I am a district judge. And even that for a year now. - Are you retired? - Forced, by the voters. Are judges elected in America? - In some states, yes. - I didn't know that. That's one aspect of our legal system. I found it a positive aspect, until I was defeated. It was probably the voters' fault, not yours. Opinions differ on that. - This is where I live. - Here? It's not too bad inside. Shall we go upstairs? I'll make coffee. You're not having an easy time, are you? I'm used to it. I'm not that fragile. I come from a military family. - You probably know what that entails. - I'm afraid not. It means I was taught discipline. A special kind. In the summer, we often went for long horseback rides. But I was never allowed to run to the lemonade stand. I was told: "Control your thirst!" "Control your hunger!" "Control your emotions!" I've benefited greatly from that. And your husband? Did he also come from that tradition? My husband was a soldier. He was taught only one thing: To fight, to fight well. - Does the coffee taste good? - Excellent. It's a substitute, but I make it strong. I'm curious what you think of Ernst Janning. I'm not allowed to discuss the case outside of court. Of course not. I knew him a little. We went to the same concerts. There was a reception for Wagner's daughter-in-law. Hitler was also there. Ernst Janning was there with his wife. She was very beautiful. Very small, very delicate. Now she is dead. Hitler was infatuated with her. He made advances to her. He did those kinds of things on impulse. I will never forget how Ernst Janning reprimanded him. Not many people would have done that to him. He said: "Chancellor, I don't mind so much that you are so rude." "I don't mind that." "But that you are so bourgeois." Hitler turned pale, stared at Janning, and left. Does the coffee really taste good? Excellent, thank you. People like Janning, my husband, and I hated Hitler. I think you should know that. And he hated us. My husband was a true war hero, and the corporal couldn't stand that. And he hated him because he was married to someone of noble birth. Hitler had respect for the nobility, but he hated them. That's why it's so ironic what happened. Do you know what happened to my husband? What did he know about the crimes he was accused of? He was tried with the other army leaders. He was a victim of the victor's revenge. It was political murder. Don't you see that? I don't know what I see. Perhaps I shouldn't be talking to you about this at all. But I want to understand. You must. Would you like more coffee? Yes, please. We have Irene Hoffman. - Where? - In Berlin. She's married. Her name is Wallner now. That's why she was untraceable. - When is she coming? - She's not coming. - What do you mean? - She doesn't want to. You know how it is. Nobody wants to testify anymore. If I take the night train, I can be back tomorrow afternoon. - You haven't slept. - I need Hoffman. Will you take over in court tomorrow? Colonel, I already told you when you were here, and I'll say it again: It's behind us. You can't force her. Mr. Wallner, I'm not forcing her. I'm not allowed to at all. We don't get a medal for testifying. People don't want Germans to testify against Germans. I've found that out in the two years I've been a prosecutor here. You have it easy. You're leaving again, but we have to continue here. I realize what I'm asking of you. You come here as the Gestapo... We must ensure that they do not escape their punishment. Ultimately, they will escape their punishment anyway. They can go to hell, and so can you. Is Emil Hahn also present? Yes, he is on trial. Ernst Janning? You've seen the shop downstairs. It's not much, but it's a new beginning for us. They will come when I go to Nuremberg. Then they will break the windows. I will have the case guarded day and night. - You don't have to do it, Irene. - I think I do. For all those people who can no longer testify themselves. - You don't owe anyone anything. - Yes, I do. You owe at least one person. At night, every night... We knew this would happen someday. Dr. Geuter, do you recognize that headline? - Would you read it out, please? - "Death to the race defiler." - In which newspaper did this appear? - In Julius Streicher's Der Stürmer. What did that headline refer to? To the Feldenstein case. What kind of case was that? I object to a connection with the Feldenstein case. It is the most sensational case of that time. It evokes unwanted suggestions and emotions. There are no unwanted suggestions for this court. The tribunal is interested in everything that is relevant. Rejected. I'll take over. - Your Honor. - Go ahead. Well, what was the Feldenstein case about? A man was accused of race defilement. What was meant by "race defilement"? That is the crime referred to in the Nuremberg Laws. Non-Aryans having a sexual relationship with Aryans risked the death penalty. When did you first hear of the Feldenstein case? In September 1935, I was approached by the police. Mr. Feldenstein had been arrested and had asked me to defend him. What was his social standing? He was a well-known merchant. He was a leading figure of the Jewish community in Nuremberg. What was he accused of? He was suspected of an intimate relationship with a 16-year-old girl, Irene Hoffman. Precisely. And what did he tell you about it? That it wasn't true. He had known the girl and her parents for a long time. He visited her after their death. But nothing ever happened between them. Doctor, will you tell the tribunal what happened then? He was indicted before the special court in Nuremberg. Where did that *special court* sit? Here, in this building. In this courtroom. Dr. Geuter, under what circumstances did the trial take place? It was used to promote National Socialism. It was the period of the September celebrations, the party rallies. The courtroom was packed. The people stood back there. Julius Streicher sat in the front row. And there were all sorts of high party officials. Tell us, what were your expectations of the trial in that atmosphere? I feared the worst when I saw that Emil Hahn was the prosecutor. He was very fanatical. His trials were characterized by inhumanity. But I still had some hope for a good outcome. Because Ernst Janning sat on the judge's bench. He was highly regarded throughout Germany. It was known that he had dedicated his life to law, to the concept of justice. Thank you. That was all. Any questions? Thank you. No questions. The witness may go. The prosecutor calls Irene Hoffman-Wallner as a witness. Please raise your right hand. I swear by Almighty God that I will speak the truth and conceal nothing. Please state your name. Irene Hoffman-Wallner. Mrs. Wallner, did you know Lehman Feldenstein? When did you meet him? It was in 1925 or 1926. I don't remember exactly. - How old was he then? - He was in his fifties. And how old was he when he was arrested? - He was 65 then. - Precisely. What was the nature of your relationship? We were friends. Did you have contact with him after your parents' death? Why? We were friends. He owned the building where I lived. He had to be there often for business. What did you tell the police when they said you had an intimate relationship with him? I said that was a lie. Can you say who the prosecutor was? Emil Hahn. Did Emil Hahn interrogate you? What did he tell you? He took me to a separate room. No one else was there. He said it was pointless to repeat my statement because no one would believe me. That there was race defilement and there was nothing else to do but kill the perpetrator. He told me that if I spoke up for Mr. Feldenstein, I would be arrested for perjury. What did you answer then? I repeated what I had already said, again and again. I said I couldn't say anything else. I couldn't lie about someone who had treated me so well. Were you arrested? Mrs. Wallner, tell me, how did Emil Hahn act during the trial? He mocked everything Mr. Feldenstein presented in his defense. He ridiculed him on every occasion. How did the audience react? They laughed, time and again. How long did the trial last? How long did the trial last? Two days. Was a verdict delivered at the end of the second day? - What was the verdict? - Guilty. And what was the sentence? Mr. Feldenstein was sentenced to death. I received a two-year prison sentence for perjury. Who was the president of the court? Ernst Janning. Were the sentences carried out? Thank you. That was all. Any questions? I would like the witness to remain available. We will present further evidence regarding the Feldenstein case when we are allowed to present our case. The witness should remain available. You may go now. Colonel Lawson. Ladies and gentlemen of the jury, I have here a decree from Adolf Hitler, stating that anyone deemed disloyal or who offers resistance may be arrested secretly and imprisoned in a camp without any form of trial. I also have a series of orders, issued under that decree, each signed by one of the defendants, on the basis of which hundreds of people were arrested and imprisoned. Signed by Friedrich Hofstetter, Werner Lammpe, Emil Hahn, Ernst Janning. Ladies and gentlemen of the jury, the defendants on trial here did not personally lead concentration camps. They never beat victims or poured gas into gas chambers. But as these documents show, they shaped and executed laws and pronounced sentences that proved fatal to millions of victims. Major Radnitz. I would like Colonel Lawson to be sworn in as a witness. Allowed. Raise your right hand. I swear by Almighty God that I will speak the truth and conceal nothing. Did you serve in the U.S. Army in 1945 at the end of the war? Did you command troops who liberated concentration camps? Were you in Dachau and Belsen? Were you present when the following images were made? The map shows the locations of the concentration camps during the Third Reich. The Buchenwald concentration camp was founded in 1933. Approximately 80,000 people were imprisoned there. Buchenwald had a motto: "Break the body," "break the spirit," "break the heart!" The ovens of Buchenwald, evidence of attempts to quickly dispose of the bodies. The ovens were made by a well-known company that also specialized in baking ovens. The name of that firm is clearly visible. Various waste products from Buchenwald, shown to the local population by an Allied officer. All sorts of brushes. Shoes, of adults and children. Glasses. Gold teeth, melted down, sent to the Waffen SS medical department once a month. A lampshade made of human skin. Skin used for paintings, mostly of an obscene nature. The heads of two Polish workers, shrunk to one-fifth of their normal size. A human pelvis, used as an ashtray. Children with tattoos indicating they were to be disposed of. Sometimes children were shown mercy. They were given morphine to sedate them before they were hanged. One of the doctors said they put rope around their necks and, as the doctor literally said: "They were hung like paintings on hooks in the wall." People who arrived in cattle cars, without food, without oxygen, who did not survive the journey to Dachau. Hundreds of prisoners were used for cruel medical experiments. A witness to an execution in Dachau described the following: "Prisoners had to hang up their clothes." "They were told they were going to shower." "Then the doors were locked." "Zyklon B was introduced through special openings." "You could hear the moans and groans." "After two or three minutes, it was silent." With the death transports came 90,000 people from Slovakia, 65,000 from Greece, 11,000 from France, 90,000 from the Netherlands, 400,000 from Hungary, 250,000 from Poland and Upper Silesia, and 100,000 from Germany. And this was filmed when British troops liberated the Belsen camp. For hygiene reasons, the bodies had to be buried with a bulldozer. Whose bodies were they? Of inhabitants of every occupied country in Europe. Two-thirds of the Jews in Europe... exterminated. More than six million, according to reports based on Nazi figures. But the actual number... No one knows. How dare they show us that? We are not executioners. We are judges. It wasn't really like that, was it? There were executions, but not on that scale? Pohl. You led those concentration camps, along with Eichmann. They say we murdered millions of people. How is that possible? Tell me. That's not possible, is it? It is possible. How? Practically speaking? It depends on your facilities. Say you have two rooms for 2,000 men each. Do the math. You can kill 10,000 in half an hour. You don't even need guards. You tell them to go take a shower and instead of water, you turn on the gas. Killing isn't the problem. Getting rid of the bodies, that's the problem. ♪ Das ist schön ♪ ♪ Wunderschön ♪ ♪ Das tut gut ♪ ♪ Was man alles im Liebesrausch tut ♪ ♪ Und zur Nacht fliegt ein flüsterndes Fleh'n ♪ ♪ "ach verweile, du bist ja so schön" ♪ ♪ Doch die Liebe bleibt nur, wo sie ist ♪ ♪ Wenn man immer aufs neue sich küsst ♪ ♪ Und so lebt... ♪ Sorry I'm so late. I was busy with the reconstruction committee. I have folders with me to figure out what you need to see. The Albrecht Dürer House, the museum. - When does it suit you? - It doesn't matter. - Would you like to order? - Shall I help with the menu? I don't really need anything. A glass of Mosel wine, please. What's wrong? Nothing. I'm just not hungry. These days were very important to me. In what way? You don't realize that I'm actually a very provincial man. I had only been out of the country once before. As a draft dodger in World War I. Then I wondered what it would be like in these kinds of cities. - It was important for me too. - How so? My idea of Americans has been restored. The idea I had when I lived in your country. Unfortunately, it's not a story from a magazine. In that case, two people like us, the rapidly aging lawyer... The rapidly aging lawyer and the beautiful widow would have overcome their problems and traveled around by land or sea. I spoke with Mr. Perkins. He said they showed those images. Colonel Lawson's favorite images. He doesn't miss an opportunity. Colonel Lawson's own horror cabinet. Do you think of us that way? Do you think we knew about that? Do you think we wanted to murder women and children? Do you really believe that? Well? I don't know what to believe. Good heavens, we're sitting here drinking together. How can you think we knew? We didn't know. We didn't know. It seems no one in this country knew. Mrs. Bertholt, your husband belonged to the army leadership. And I tell you that he knew nothing about it. Himmler, Goebbels, the SS knew what was happening. We knew nothing about it. Listen, those kinds of things happened on both sides. My husband was a soldier his whole life. He was entitled to a soldier's death. I asked if he could have an honorable death. I begged all sorts of officials. That he would receive the dignity of a firing squad. You know what happened. He was hanged with the rest. Since then, I have known what hate is. I didn't leave the house, I just drank. I felt hate everywhere. I hated every American I knew. But you can't live with hate. I know that. Then, we must be able to forget if we want to continue living. ♪ Du darfst auf mich bauen ♪ ♪ Weißt ja, wie gut ich dir bin ♪ ♪ Ja, ja, ja, ja ♪ ♪ Weisst doch, wie gut ich dir bin. ♪ ♪ Und, and, wenn in der Ferne ♪ ♪ Dir, dir, mein Bild erscheint ♪ ♪ Dann, dann, wünscht' ich so gerne ♪ ♪ Dass uns die Liebe vereint ♪ Herr Rolfe. Ladies and gentlemen of the jury. Yesterday, the tribunal saw images. They were... Shocking images. Terrible images. As a German... I am ashamed that something like this happened in my country. It can never and ever be justified, no matter how many generations or how many centuries. But... In my opinion, it is wrong... indecent... and extremely unfair of the prosecutor to show such images in this trial, in this courtroom, at this moment, to these defendants. I cannot object enough to such tactics. What does the prosecutor actually want to demonstrate? That all Germans were responsible for these events? Or that they even knew about them? Because if he wants that, then he is not presenting facts, and he knows it. The secret nature of the operations, the locations of the camps, the poor communication at the end of the war, when the death toll ran into the millions, shows that he is not presenting the truth. The truth is that these atrocities were committed by a few fanatics. The criminals. Very few Germans knew about it. Very few. None of us knew what was happening at the locations shown in these images. None. But the most ironic thing of all is that these images were shown precisely to these defendants, men who remained in their positions for only one reason: to prevent worse. Who is braver? The one who leaves or resigns in times of danger? Or the one who stays at his post and puts his own safety at risk? The defense has statements and documents from many refugees who tell how Ernst Janning saved them. We will show how often Ernst Janning mitigated sentences. Without his influence, the outcome would often have been much worse. We will show that Ernst Janning's personal physician was a Non-Aryan. A Jewish man whom he allowed to work at his own risk. The defense presents statements from renowned jurists from all over the world who believe that special considerations are relevant because Ernst Janning's entire work had only one single starting point: the pursuit of protecting law and the concept of justice. What does the prosecutor have to counter that with? The prosecutor presents only one piece of tangible evidence against Ernst Janning. The Feldenstein case, a notorious case that should never have been reopened. A case that the defense will now have to address. The defense calls Mrs. Elsa Lindnow. Raise your right hand. I swear by Almighty God that I will speak the truth and conceal nothing. Mrs. Lindnow. - What is your profession? - I am a cleaning lady. Where do you work? At number 345 on Grosseplatz. - Did you know Lehman Feldenstein? - I knew him. - In what capacity? - He was my employer in 1935. Do you know Mrs. Irene Hoffman-Wallner? - In what capacity? - She rented an apartment in the building. Did you ever see Miss Hoffman and Mr. Feldenstein together? How did that happen? Mr. Feldenstein visited Miss Hoffman in her apartment. - Often? - Quite often. Did anything unusual strike you during these visits? I saw Miss Hoffman kiss Mr. Feldenstein at her door. - Did anything else strike you? - Yes, one more time. - What was that? - I went into Miss Hoffman's apartment. I wanted to clean and thought no one was there. I saw Miss Hoffman sitting on Mr. Feldenstein's lap. Thank you. That was all. Headphones, please. Mrs. Lindnow, what is your political conviction? Politics? Objection. Her political conviction is not relevant. Colonel Lawson is again trying to play on the emotions of the court. Objection overruled. Please answer. Were you a member of the National Socialist party? Yes, indeed. We were obliged to be. When did you become a member of the Nazi party? In 1933. Were all Germans obliged to become members of the Nazi party in 1933? Please answer. Were you forced to become a member of the Nazi party? That was all. The witness may go. The defense may proceed. The defense calls Irene Hoffman-Wallner. You are still under oath. Mrs. Wallner, did you come here voluntarily? Did you volunteer as a witness? Isn't it true that the prosecutor asked you to come? Isn't it unpleasant for you to come here? It is always unpleasant to have to relive something like that. That aligns with the information I have, which indicates you did not want to come. The Nuremberg Laws came into effect on September 15, 1935. - Where were you then? - In Nuremberg. Were you aware of those laws? That a physical relationship with Jews was forbidden? Were you aware that in Nuremberg, and especially in Nuremberg, not only such a relationship with Jews, but any contact was disapproved of? Did you realize that you were personally in danger? I realized that. But you don't break a friendship because... That's a different question. I didn't ask you that question. - Did you realize that? - Yes, I realized that. And yet you continued to maintain contact? It has been shown that Mr. Feldenstein bought sweets and cigarettes for you. Did he also sometimes buy flowers for you? He bought all sorts of things for me. Because he was very kind. He was the kindest man I knew. Do you know the witness? Mrs. Elsa Lindnow. Yes. Was she a cleaning lady in your apartment? Did Mr. Feldenstein visit you at your home? How often? I don't remember anymore. A few times? Often? - Did you kiss him? - That's correct. Did you give him more than one kiss? But not in the way you are suggesting. He was like a father to me. He was more than a father. More than a father? Did you sit on his lap? The defense is trying to force a confession from the witness. Rejected. A legal scandal is being rehashed here. Colonel Lawson, the tribunal sets the rules, not the prosecutor. - Proceed. - Did you sit on his lap? Yes, but it was not of an immoral or perverse nature. Did you sit on his lap? Yes, but... You sat on his lap. And then? Nothing happened of what you are suggesting. What else did you do? What are you trying to do? Are you sometimes trying... Why don't you let me speak the truth? We want to hear it, the truth. You admit that you continued to see each other, that he came to your home, that you kissed him and sat on his lap. What else do you admit? Nothing. Nothing happened of what you are now suggesting. - What else? - Nothing happened. Stop it. What else do you admit? Herr Rolfe. Are we starting again? Your Honor, the tension is so great that the defendant doesn't realize... I realize it fully. The defendant wants to make a statement. - The defense has the right... - Order. Does the defendant want to make a statement? Indeed, yes. The defense has the right to The defendant may now make a statement. - I want to speak to my client. - He may now make his statement. The session is adjourned until tomorrow at 10:30 AM. What are you doing? What are you actually planning to do? They have Göring, Frank, Streicher... That's over. Do you think I enjoy my job as a lawyer in this case? I have had to do things that I shudder at. Why did I do them anyway? Because I want to give the German people something. A shred of dignity. I want to stop these trials. If they blacken every German like you, we will never have self-determination again. We must look forward. Looking back is useless. Do you want the Americans to stay here? I can show you images of Hiroshima and Nagasaki. Thousands of charred bodies. Women and children. Are they morally superior? What do they want with us? They have no idea of our problems. What should I say to you? What should I say to convince you? You don't have to say anything at all. Nothing. Nothing has been able to temper the crisis. This afternoon, train traffic between the western zones and Berlin was halted. The land blockade is now complete. What are we going to do now, General? Retreat? Retreating under pressure would damage our position in the world. Then the communists will advance. And those trials? How do you feel about them now? We can't avoid them, but we need to speed them up. What happens if they shoot down our planes? We'll find out if it ever happens. - The strudel is really delicious. - No, thank you. Then, I've just returned from Berlin, as you know. I don't think it will get out of hand. There will be a struggle for survival, in the next ten or twenty years. Germany is crucial in that. Every student who studies geography knows that. What exactly do you mean? What I mean is this: no one is trying to influence your judgment, but you must realize that. That's how it is now. It's no different, gentlemen. We can't avoid it. We can use all the help we can get. We need the support of the German people. Another piece of strudel, gentlemen? Herr Janning, you have the floor. I want to make a statement regarding the Feldenstein case. Because it was the most important trial of that time. It is important that not only the tribunal understands it, but also the entire German people. But to understand it, it is important to understand that period. There was an atmosphere of unrest. An atmosphere of shame, of humiliation. There was hunger. We had a democracy, but it was torn apart from within. Above all, there was fear. Fear of the present, fear of the future, fear of our neighbors, and fear of ourselves. Only if you understand that can you understand what Hitler meant to us. Because he told us: "Hold your heads high. Be proud to be German." "There are devils among us: communists, Jews, gypsies." "If those devils are gone, your misery will also be gone." It was the age-old story of the scapegoat. And those who knew better? We, who knew it was lies, and worse? Why did we remain silent? Why did we participate? Because we loved our country. What does it matter if a few political extremists lose their rights? Or a few ethnic minority groups? It's a temporary phase. It's of a transient nature. It will pass. Hitler himself will also disappear. "The country is in danger. We march out of the shadow." "We move forward." "Forward" is the motto." And history teaches us how successful we have been. The success exceeded all our expectations. The elements of hate and power with which Hitler fascinated the country, fascinated the whole world. We suddenly had powerful allies. What was denied to us in a democracy was now suddenly attainable. The world said: "Go ahead, take it." "Take the Sudetenland. And the Rhineland. Remilitarize it." "Take all of Austria." And then one day, when we looked around, we saw that the danger had only increased. The ritual began in this courtroom and raged through the country like an epidemic. What began as a temporary phase
It had begun, it had become a way of life. Mr. Presiding Judge, I was at peace with remaining silent here. I was at peace with staying in the background. I was even at peace with Herr Wolfe clearing my name. Until I realized that he could only succeed by letting the genie out of the bottle again. You saw it. He did it here in this courtroom. He suggested that the Third Reich meant well for the people. He suggested that we were sterilizing men to help the country. He suggested that that old Jew did sleep with that young girl. Again, this is done out of love for the fatherland. It is not easy to speak the truth. But the only way to save Germany is by acknowledging our guilt, no matter how great the pain and humiliation may be. I had my verdict in the Feldenstein case ready before I entered here. I had condemned him anyway. It was not a trial. It was a sacrificial ritual, with Feldenstein as the defenseless lamb. Mr. Presiding Judge, the defendant does not realize what he is saying. - He does not see the consequences. - I certainly do see them. My counsel wants you to believe that we knew nothing about the concentration camps. Knew nothing. Where were we? When Hitler spewed his hatred in the Reichstag? When our neighbors were dragged away to Dachau at night? When every village in Germany had platforms where children were transported by cattle cars? Where were we when they cried for help at night? Were we deaf? Mute? Blind? I object. My counsel says we did not know that millions were murdered. He offers the excuse that we only knew that hundreds were murdered. Are we any less guilty then? If we did not know the details, it was only because we did not want to know them. - Traitor. - Order. Make sure that man stays seated. I am going to tell the truth. I am going to tell the truth, even if the whole world conspires against it. I am going to tell the truth about the Ministry of Justice. Werner Lammpe, an old man who now cries above his Bible. Who profited from the expropriation of everyone he sent to a camp. Friedrich Hofstetter, the good German, who could follow orders, who had countless people who appeared before him sterilized. Emil Hahn, the immoral, corrupt fanatic, obsessed with the evil within himself. And Ernst Janning, the worst of all... because he knew what kind of people they were and yet went along with them. Ernst Janning, who degraded his life... Into an excrement.. Because he joined them. Mr. Presiding Judge, it is my duty to defend Ernst Janning, and yet Ernst Janning says he is guilty. Without a doubt, he feels guilty. He made the mistake of cooperating with the Nazi movement, in the hope that it would be good for his country. But if he is found guilty, there are also others, who also cooperated, who should also be found guilty. Ernst Janning said: "The success exceeded all our expectations." Why did we have success, Mr. Presiding Judge? What about the rest of the world? Did they not know the intentions of the Third Reich? Had they not heard Hitler's words all over the world? Had his intentions from Mein Kampf not been readable everywhere? Is the Soviet Union not liable, through the pact of 1939 with Hitler, which allowed him to go to war. Should we now declare Russia guilty? Is the Vatican not liable, which concluded a concordat with Hitler in 1933, which brought him immense prestige? Should we now declare the Vatican guilty? Is Winston Churchill not liable, who wrote in an open letter to The Times in 1938 - In 1938, Mr. Presiding Judge. "If England was in distress, I begged God" "to send a strong man like Adolf Hitler." Should we now declare Churchill guilty? Is American industry not liable, which helped Hitler rearm and profited from it? Should we now declare that guilty too? No, Mr. Presiding Judge. Not only Germany is guilty. The whole world helped Hitler into power. You cannot convict one defendant or talk about the German national character that helped Hitler to power, without wasting words on the Russians, on Churchill, or on American industry. Ernst Janning said he was guilty. If that is the case, Ernst Janning's guilt is the guilt of the whole world. Nothing more and nothing less. Major, we must give the military governor all possible assistance. We must get 700 tons into the air per day. This is quite an operation. Ever thought we would transport cabbage and tomatoes in those crates? Tad, we've been friends for a long time. That's why I asked you to come. What are you going to do in court tomorrow? You know that perfectly well. I know what you'd prefer to do: lock them up and throw away the key. But you know what's going on. Yes, I know what's going on. You are military. You know what awaits us. I'll be honest. I don't know what happens if they start shooting at such a plane. But I do know one thing: If Berlin falls, Germany will fall too. If Germany falls, Europe will fall too. That's how things stand. Matt, I'm going to go all out. And you, nor the Pentagon, nor God himself... Who do you think you're talking to? Who do you think you're talking to? When you entered Dachau, I was there too. Do you think I'll forget it? You are not under my command. But I want to give you one thing: we need the German people. And you won't get them if you give their leaders heavy prison sentences. Survival is the most important thing. As well as possible, but in any case, survival. Tell me, Matt. What was that war about? What was it about? So far, the presentation of evidence against these defendants. Gentlemen judges, in the three years since the end of the war, humanity has not entered the Promised Land. For us, the fear of war has flared up again, and we must once again keep our safety in mind. They talk about the Cold War, and people are killed in real wars. And the echoes of persecution and atrocities will not subside. These events have an impact on what is happening here. But somewhere amidst these events, the responsibility for the misdeeds highlighted here must be placed in the right perspective. And that is the decision you face. It is the dilemma of our time. It is a dilemma... that you are faced with. So far, my closing argument. The defendants now have the floor. Defendant Emil Hahn may address the tribunal. Gentlemen judges, I do not evade responsibility for my actions. On the contrary, I publicly underline them here. But I will not follow the line of others. I do not condemn our policy today while I approved it yesterday. Germany fought for its life. We had to intervene with the enemy in mind. I have no regrets about those measures. We were a bulwark against the Bolsheviks, a pillar of Western culture. A bulwark and a pillar that the West should have spared. Defendant Friedrich Hofstetter has the floor. I have served my country my entire life, whatever position I held, loyally, pure of heart, and without ill intentions. I acted from the highest principle that applies in my profession. The principle that says that one's own sense of justice is subordinate to the prevailing order. One must ask what the law is, not whether it is just. As a judge, I could do nothing else. I think you will not find me, and millions of Germans like me who thought they were serving their fatherland, guilty. Werner Lammpe has the floor. Gentlemen judges... Defendant Ernst Janning has the floor. I have said everything I wanted to say. All statements and arguments have been heard. The tribunal only has the task of making a decision. The session is adjourned until further notice. I have precedents that touch upon the core of this case, the conflict between loyalty to international laws and the laws of one's own country. Then, we still have a mountain of paper to go through. What are you looking at? I was looking at some photos that came with the arrest warrants. What kind of photos? This is Petersen before he was operated on. This is Irene Hoffman. She really was sixteen once, wasn't she? Feldenstein. And this boy - he was fourteen at most - was executed for criticizing the Reich. "On the order of Judge Friedrich Hofstetter." What is more relevant to the legal core of the case is the speech of the French prosecutor for the International Tribunal. "It is obvious that in modern states" "only those who work directly for the state are accountable." "Only they can judge given orders," "only they can be prosecuted." This is from Professor Jahreiss: "Trial of War Criminals." Based on this, I do not see that the prosecutor has sufficient arguments to substantiate the charge. Regardless of the facts, we cannot conclude that you can accuse these people of crimes against humanity. - What about you, Dan? - We've been at it all day. If it's not clear yet... Are you going to look at those precedents? Don't you care? Yes, Curtiss. You talked about crimes against humanity, and you said the defendants didn't have to account for themselves. Explain it. - I just did. - Maybe. But I only hear formal chatter and rationalization. When I became a judge, I knew you had to leave certain people alone. If I wanted to remain a judge, I had to do that. But I can't ignore the murder of six million people, can I? - He doesn't mean... - You don't have to ignore anything. I'm just wondering if you should continue this policy. You said they were not responsible for their actions. You have to explain that to me. And very precisely. The session is opened. God bless the USA and this honorable tribunal. This trial has lasted eight months. The files number over 10,000 pages, and both parties have presented their arguments. Ordinary murders and atrocities do not form the focal point of the indictment. The charge is conscious participation in a government-sanctioned system of violence and injustice, contrary to every moral and legal principle of any civilized country. The tribunal has studied the file and has found abundant evidence therein to declare the charges against these defendants well-founded. Herr Rolfe, in his extremely skillfully crafted plea, indicated that there were also others with ultimate responsibility for what happened in Germany. There is a kernel of truth in that. The real plaintiff in this courtroom is civilization. But the tribunal does believe that these defendants are responsible for their actions. Men who, in their black robes, judged others. Men who cooperated in the execution of laws and decrees that merely aimed at the extermination of people. Men who, in executive positions, actively participated in the enforcement of these laws, which were unlawful even according to German law. The basis of criminal law in any civilized society has one characteristic in common: anyone who incites another to murder, anyone who provides the deadly weapon for the crime, anyone who is an accomplice to the crime is guilty. Herr Rolfe further states that the defendant Janning was an excellent jurist and acted in the interest of his country. That also contains a kernel of truth. Janning is undoubtedly a tragic figure. He must have loathed the evil he committed. But understanding for his remorse must not lead to neglect of his part in the torture and death of millions of people. Janning illustrates the crushing conclusion of this trial. If he and the other defendants had been sick beasts, if all Nazi leaders had been sadistic monsters and maniacs, this case would have as many moral implications as an earthquake or another natural disaster. But this trial has shown that in times of national crisis, ordinary and even capable and extraordinary people commit atrocities that defy all description. Those who have followed the trial will never forget them. Men sterilized for their political convictions, friendship and trust mocked, children murdered. It can happen just like that. In our country too, there are people who talk about protecting the country, about survival. Every nation faces a decision at some point. As soon as the enemy is in charge, survival seems possible only by acting like the enemy, acting opportunistically, looking the other way. The answer to that is... survival as what? A country is not a rock. It is not an extension of yourself. It is what it stands for. Precisely when standing for something is more difficult than ever. Before the whole world, we announce that here in our judgment we stand for the following: justice, truth. And the value of an individual. The tribunal asks the defendant Hahn to stand. Emil Hahn, the tribunal finds you guilty and sentences you to life imprisonment. Tomorrow you will be condemned by the Bolsheviks. The tribunal asks the defendant Hofstetter to stand. Friedrich Hofstetter, the tribunal finds you guilty and sentences you to life imprisonment. The tribunal asks the defendant Lammpe to stand. Werner Lammpe, the tribunal finds you guilty and sentences you to life imprisonment. The tribunal asks the defendant Ernst Janning to stand. Ernst Janning, the tribunal finds you guilty and sentences you to life imprisonment. He doesn't understand. He just doesn't understand. He does understand. Judge Ives has a dissenting opinion. I want to emphatically point out that I distance myself from the verdict read by Judge Haywood and with which Judge Norris agrees. The issue of the defendants who thought they were serving their country with their actions is not a matter that can only be decided in a courtroom. It can only be objectively decided in the coming years, in its true historical perspective. - Where do I put these books? - Put them in the box. Mr. Presiding Judge, this is for you, for the plane. If you give more food, nothing else will fit. - But it's your favorite strudel. - Thank you. For everything. I'll put it in the car. Tickets, passport. Your boarding pass is at the airport. I'll see you there by three o'clock at the latest. Say hello to Miss... what's her name? Scheffler. Elsa. I owe that to you. Americans are not very popular in Nuremberg today. Good afternoon, Mr. Presiding Judge. I am here at the request of Ernst Janning. He would like to speak with you. I was just about to go to the airport. He said he would greatly appreciate it. Did you hear the verdict in the IG Farben case? They were acquitted or sentenced to light penalties. - The verdict has just been announced. - I hadn't heard it yet. I want to bet with you. - I never bet. - Just for honor. Within five years, the people you sentenced to life imprisonment will be free again. I have admired you in recent months. Especially your use of logic is brilliant. So what you just said could very well happen. It's logical, given the times we live in. But logical is not always right. And nothing in the world can make that right. There is someone for you. Please sit down. Thank you. You wanted to see me. Yes. I wanted to give you something. A dossier. A dossier with my cases, the cases I still remembered. I want to give them to someone I can trust, someone I got to know during the trial. I will take good care of them. I know you were pressured. You will face a lot of criticism. Your verdict will receive little support. But if it means anything to you, you have earned the respect of at least one of the convicted. In light of all that is right, it was a just verdict. What you said in court had to be said. I asked you to come... Those people, those millions of people... I didn't know it would come to this. You must believe me. Herr Janning, that's what it came to when you consciously condemned an innocent person to death for the first time. ♪ Wenn wir marschieren THE TRIALS IN THE AMERICAN ZONE LASTED UNTIL JULY 14, 1949. 99 DEFENDANTS WERE SENTENCED TO PRISON TERMS. NONE OF THEM ARE CURRENTLY SERVING THEIR SENTENCES. ♪ "Schwarzbraun ist die Haselnuss" ♪ ♪ "Westerwald-Lied" ♪ ♪ "Wenn die Soldaten" ♪