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(SINISTER MUSIC PLAYS)
(CHILDREN HEARD PLAYING FAINTLY)
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These German children are in their
garden reenacting a war
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00:00:12,030 --> 00:00:14,360
that they were far too young
to have taken part in.
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00:00:15,190 --> 00:00:19,150
They were born in 1900 and
the First World War had planted
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00:00:19,190 --> 00:00:22,190
in their hearts the bitter
seed of grief and defeat.
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Some of them would later become
the driving force
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of the Nazi party.
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And to impose their vision
of a renewed Germany,
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they would attack the law
and pervert its rules.
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(ENGLISH SPOKEN OVER GERMAN)
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00:00:36,320 --> 00:00:39,790
"The law is a weapon that the
Nazis turned to in order to take
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00:00:39,830 --> 00:00:41,600
Germany and its
society by storm."
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00:00:43,040 --> 00:00:45,430
"A weapon for the self
defense of the race.
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That was the law for the Nazis."
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00:00:48,640 --> 00:00:51,190
"The individual disappeared as
a subject of the law and was
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00:00:51,240 --> 00:00:53,040
replaced by the community
of the people."
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(ERUPTION OF CHEERS)
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There are thousands of sounds,
images and documents.
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All the pieces of this puzzle must
be assembled to see how law
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and justice became
the weapons of a crime.
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At the heart of Hitler's courts,
lawyers and magistrates would play
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their part in a pitiless war to
bring to heel the judicial system.
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00:01:50,190 --> 00:01:52,750
Some remarkable destinies
shed light on this story.
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00:01:55,640 --> 00:01:58,750
Lilo Kuznitzky,
a committed young lawyer
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and pioneer in a profession which
was until then reserved for men.
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00:02:02,920 --> 00:02:06,470
But also Werner Best,
lawyer and Nazi.
27
00:02:06,510 --> 00:02:10,640
Johann Reichardt, last in a famous
line of Munich executioners.
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00:02:11,040 --> 00:02:14,400
And Hans Litten,
Barrister, Democrat.
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In 1931, one affair revealed
to everyone that the law was
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a vital issue for the Nazis.
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(CLICKING OF FILM REEL)
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From the Beginning of the 1920s,
Adolf Hitler's Nazi party was
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00:02:36,070 --> 00:02:38,190
defying the courts
and the institutions.
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In the streets, their militia,
the Stormtroopers or the SA
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were beating up and
murdering opponents
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and communists in particular.
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(STEADY MARCH DRUMMING)
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They openly defied
the young Weimar Republic.
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Many of them were accused of
acts of political violence
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and sent for trial.
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00:02:59,240 --> 00:03:02,510
And over eight years the Nazi
party were the object in almost
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2,000 court cases.
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00:03:08,470 --> 00:03:13,110
But the trial that opened on 8 May
1931 stunned the whole of Germany.
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For this time Hitler
himself was summoned.
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(CHEERS AND SHOUTING)
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The leader of the extreme
right in court.
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Excitement gripped the streets of
Berlin in the warm spring of 1931.
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The instigator of this earthquake
was a young barrister,
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Hans Litten.
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00:03:44,870 --> 00:03:48,320
He was 27 and familiar
with cases against the Nazis.
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00:03:51,280 --> 00:03:54,150
For this new trial he had decided
to prove that Hitler was
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a threat to the system.
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Stormtroopers had fired at some
communists in a Berlin dance hall.
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A run of the mill case.
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00:04:14,400 --> 00:04:17,430
But this time Hans Litten
was determined to make
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00:04:17,470 --> 00:04:18,830
life difficult for Hitler.
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Eight months previously,
Hitler had taken an oath before
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the Tribunal of the Reich
in Leipzig and he had sworn
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to respect the law and never
have recourse to violence.
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00:04:33,960 --> 00:04:36,190
For Litten,
it was a simple calculation,
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prove that Hitler,
as head of the Party,
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was responsible for the atrocities
committed by the SA.
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00:04:43,320 --> 00:04:46,070
To everyone's astonishment,
the young barrister issued
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a summons against Hitler
and called him as a Witness.
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(INTRIGUING OMINOUS MUSIC PLAYS)
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In room 664.
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Hans Litten was ready.
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He held a document signed
by Joseph Goebbels,
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head of propaganda
and loyal to Hitler.
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(ENGLISH IS SPOKEN OVER JOACHIM)
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In this brochure, Nazi sozy
Joseph Goebbels laid down
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guidelines for militants
on how they should behave.
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It was written,
"All we wish to do
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is free Germany, nothing more.
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If the people do not want
to be freed, we do not care.
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We will do it without
their consent."
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Further on, it says,
"The will to be in power creates
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the means needed for that power."
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During the hearing,
Hans Litten confronted
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Hitler with his statements.
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00:06:07,960 --> 00:06:10,680
Hitler knew that he was
cornered and it showed.
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00:06:12,680 --> 00:06:16,280
He finally had to distance
himself from Goebbels, declaring,
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that text has not been
authorized by the Party.
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00:06:21,550 --> 00:06:24,190
In the end, he was yelling
and screaming in the chamber.
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00:06:25,150 --> 00:06:28,190
What right did Litten have
to dare ask him these questions?
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00:06:29,150 --> 00:06:31,110
He shouted that the party
respected the law
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and would always do so.
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(BANGING GAVEL)
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At 18.09, Hitler's
court appearance ended.
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Would the question
of perjury be raised?
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00:06:42,110 --> 00:06:43,870
The verdict would come in 10 days.
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00:06:46,190 --> 00:06:49,070
But Hitler's rage had caused
a scandal and he had
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00:06:49,110 --> 00:06:50,110
to be called to order.
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00:06:51,550 --> 00:06:56,320
In Germany, law courts are also
temples, and Hitler
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had just blasphemed.
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00:07:03,280 --> 00:07:06,240
Germany held its breath
as it awaited the verdict.
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00:07:06,640 --> 00:07:09,360
And even more so did
Lilo Kuznicki,
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the young democratic lawyer.
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She had followed
the details of the trial
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with her journalist brother.
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Hans Litten was her friend
at university and he was defending
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00:07:21,640 --> 00:07:23,640
the democracy that
she believed in.
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00:07:27,960 --> 00:07:30,720
To learn more about Lilo,
you have to go to the
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Jewish Museum in Berlin.
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(ECHOE OF CLANGING)
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That's where her file is kept,
in the silence of the Archives,
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Row 2, Box 229.
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Lilo's real name was Elizabeth.
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She was the eldest daughter
of Martin Kuznicki,
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a doctor of Polish origin who was
Jewish on his mother's side,
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and Elisabeth Lilienkron,
a Protestant from Denmark.
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(ENGLISH SPOKEN OVER NATHALIE)
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The family was certainly
quite well known in Cologne.
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00:08:06,750 --> 00:08:10,110
Lilo had grown up in an educated
and cultivated family.
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00:08:11,400 --> 00:08:13,750
After attending a Protestant
school for girls,
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00:08:13,790 --> 00:08:16,920
she took her baccalaureate,
which was fairly unusual.
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She then decided to go
on to university.
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(SWING MUSIC PLAYS)
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Like Hans Litten,
Lilo belonged to the stratum
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00:08:28,150 --> 00:08:31,320
of young people that Weimar had
fostered by encouraging many
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00:08:31,360 --> 00:08:34,320
of them to go to university
so as to rebuild the elite
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decimated by the Great War.
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00:08:38,830 --> 00:08:42,040
For Lilo, Weimar also
meant women's right to vote
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and like many other young women,
she was emancipated.
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00:08:45,750 --> 00:08:49,510
Smoking sometimes wearing men's
clothes, going out alone
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and making love as she wanted.
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Lilo was happy in this
free and tolerant world.
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She wanted it, she defended it.
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That's why she wanted
to be a lawyer.
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00:09:03,750 --> 00:09:06,790
She didn't merely study,
she also got a doctorate.
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00:09:08,150 --> 00:09:12,070
And in 1927, she also obtained
a first job at the regional
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tribunal in Cologne,
convinced that at the heart
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00:09:14,720 --> 00:09:17,360
of the democracy of
the Weimar Republic she would
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00:09:17,400 --> 00:09:18,870
be able to fight for justice.
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00:09:19,150 --> 00:09:23,360
(SWING MUSIC CONTINUES)
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It was this democracy she
loved so much that the Nazis
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were threatening.
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And she understood the risks
that Hans Litten was running.
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00:09:33,750 --> 00:09:36,640
From the start of the trial,
he was pursued by the hatred
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00:09:36,680 --> 00:09:39,750
of militant Nazis and was no
longer safe in the street.
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00:09:40,040 --> 00:09:43,750
(MUSIC STOPS)
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Hitler himself,
while waiting to know what
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00:09:51,640 --> 00:09:53,920
the political consequences of
this affair would be,
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00:09:54,150 --> 00:09:55,600
had to face ridicule.
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During his court appearance,
a young photographer called
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Leo Rosenthal took this photo.
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00:10:07,240 --> 00:10:09,640
Hastily taken,
it is a little blurred,
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00:10:09,790 --> 00:10:12,600
but it captures Hitler's
panic as he faced Litten.
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00:10:14,600 --> 00:10:17,720
He is stunned,
dazed by the confrontation.
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00:10:21,790 --> 00:10:24,040
The photo immortalizes
his collapse.
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00:10:26,430 --> 00:10:28,600
Hitler would never forget
Hans Litten.
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00:10:33,470 --> 00:10:37,000
Especially as the day after the
trial, the democratic press was
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00:10:37,040 --> 00:10:39,070
not slow to rub
salt into the wound.
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00:10:39,400 --> 00:10:41,640
The press recounted
Hitler's agony,
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00:10:41,680 --> 00:10:43,320
how for more than three hours,
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Litten inflicted on him
a pitiless interrogation,
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00:10:47,000 --> 00:10:50,190
how he put his finger on Hitler's
contradictions one by one.
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00:10:50,750 --> 00:10:53,320
How Hitler got himself in
a tangle, was furious,
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00:10:53,360 --> 00:10:54,680
lost his temper.
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00:11:04,110 --> 00:11:07,000
And yet the verdict finally
delivered by the tribunal
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was very lenient.
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00:11:08,600 --> 00:11:11,920
The front pages of the newspapers
announced only very mild
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00:11:11,960 --> 00:11:14,360
punishments for
the thugs of the SA.
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00:11:14,400 --> 00:11:16,430
And for Hitler,
no further action.
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00:11:19,790 --> 00:11:23,040
The editorials considered it
a political verdict that showed
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00:11:23,070 --> 00:11:25,040
the benevolence of
the conservative judges
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00:11:25,070 --> 00:11:27,240
regarding the head
of the Nazi party.
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00:11:27,430 --> 00:11:31,870
(SOMBRE MUSIC PLAYS)
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00:11:34,040 --> 00:11:36,870
Barely a few days after this
resounding trial,
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quite a different
event gripped the public.
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00:11:42,680 --> 00:11:45,150
At the Ufa Palast
cinema in Berlin,
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the filmmaker
Fritz Lang's new film
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M the Cursed, often known simply
as M, had its opening night.
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In this film, an elusive
killer is terrorizing a town.
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As they discovered the plot,
Berliner's got a strange feeling.
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(ENGLISH SPOKEN OVER GERMAN)
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00:12:20,550 --> 00:12:24,640
Fritz Lang's M is basically a
film that shows the Nazi counter
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00:12:24,680 --> 00:12:28,240
society, the underworld,
the mob, crooks.
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00:12:28,400 --> 00:12:30,430
The criminals portrayed
in the film
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are clearly a metaphor
for the Nazi organization,
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which appears in the film
as a criminal organization.
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It shows the incompetence,
mismanagement or inefficiency
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00:12:41,960 --> 00:12:43,280
of traditional institutions.
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00:12:43,920 --> 00:12:45,550
And it's also clearly a film
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about the Nazi
conception of the law,
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which is debated at the end.
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In the script.
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The underworld and the common
people capture the killer
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and organize a secret trial.
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00:13:02,070 --> 00:13:04,150
This kangaroo court
challenged the system.
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00:13:05,430 --> 00:13:09,360
It rejected official justice
and imposed its own idea of law,
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00:13:10,320 --> 00:13:12,720
exactly the way the Nazis
did in real life.
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00:13:16,870 --> 00:13:19,920
The film was an instant success
and without doubt,
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00:13:19,960 --> 00:13:22,720
Fritz Lang savored it,
remembering that the original
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00:13:22,750 --> 00:13:25,040
title was Killers in Our Midst.
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00:13:29,600 --> 00:13:31,680
Even though M the Cursed is
a piece of cinema,
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00:13:31,920 --> 00:13:34,870
Fritz Lang's imagination
was born of grim reality.
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00:13:36,870 --> 00:13:40,790
In the autumn of 1931,
a new affair burst onto the scene
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00:13:41,360 --> 00:13:44,470
and once again the leader of
the Nazi party was center stage.
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00:13:45,750 --> 00:13:48,070
A few months earlier,
when Hitler was battling
201
00:13:48,110 --> 00:13:51,430
with Hans Litten,
a young overzealous Nazi militant
202
00:13:51,470 --> 00:13:54,400
was drawing up plans for a coup
d' etat in the event
203
00:13:54,430 --> 00:13:55,600
of a communist threat.
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00:13:56,790 --> 00:14:00,720
His name was Werner Best
and he was a very young
205
00:14:00,750 --> 00:14:02,400
looking and brilliant lawyer.
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00:14:05,190 --> 00:14:09,070
And after his law thesis,
he joined the NSDAP,
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00:14:09,110 --> 00:14:13,430
the Nazi party,
with the number 341338.
208
00:14:17,110 --> 00:14:20,640
An anti Semite and ideologically
close to the extreme right,
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00:14:21,360 --> 00:14:23,680
he belonged to the radical
and nationalist youth that was
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00:14:23,720 --> 00:14:25,600
gradually taking over
in the universities.
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00:14:28,240 --> 00:14:31,360
Once his studies were completed,
this young militant became
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00:14:31,400 --> 00:14:34,550
an associate judge in his
native region of Hesse.
213
00:14:36,240 --> 00:14:39,280
After his day's work,
in the solitude of his office,
214
00:14:39,320 --> 00:14:41,190
he had drawn up a plan
for a coup d' Etat.
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00:14:42,640 --> 00:14:44,790
In autumn 1931,
216
00:14:44,830 --> 00:14:47,190
this document was leaked
to the press under the title
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00:14:47,680 --> 00:14:48,960
the 'Boxheim Papers'.
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00:14:49,680 --> 00:14:51,680
It immediately caused a scandal.
219
00:15:03,430 --> 00:15:05,600
A few days later,
on the way to Munich
220
00:15:05,640 --> 00:15:08,870
for the meeting, Werner Best
was shaking in his boots.
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00:15:11,510 --> 00:15:14,040
He could think of nothing worse
for for this first meeting
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00:15:14,070 --> 00:15:16,960
with Hitler, he knew he had to
put his party in a very
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00:15:17,000 --> 00:15:20,320
delicate position,
just before the elections.
224
00:15:20,360 --> 00:15:22,750
Best was conducted
into Hitler's office.
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00:15:23,000 --> 00:15:25,720
And when he was finally face
to face with the Fuhrer,
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00:15:25,750 --> 00:15:27,790
nothing happened
as he had imagined.
227
00:15:28,510 --> 00:15:30,470
(ENGLISH TRANSLATION SPOKEN OVER)
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00:15:30,680 --> 00:15:31,680
For Hitler,
229
00:15:31,790 --> 00:15:34,190
even if a tactical error
had been committed,
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00:15:34,680 --> 00:15:37,470
Best conformed to most
of the normative criteria
231
00:15:37,510 --> 00:15:39,240
that befitted a state activist.
232
00:15:40,150 --> 00:15:42,470
And that was exactly the kind
of attitude that Hitler
233
00:15:42,510 --> 00:15:43,510
hoped and prayed for.
234
00:15:44,790 --> 00:15:47,720
And so, in fact,
Hitler had to reprimand the young
235
00:15:47,750 --> 00:15:50,320
National Socialist
at the beginning, telling him,
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00:15:50,400 --> 00:15:53,360
listen, old boy, you could have
saved us having that image.
237
00:15:53,430 --> 00:15:56,470
But when it comes down to it,
that's how you have to carry on.
238
00:16:00,550 --> 00:16:03,600
Better still, while
Best was struggling and some
239
00:16:03,640 --> 00:16:06,070
members of the party demanded
that he be thrown out,
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00:16:06,240 --> 00:16:08,150
Hitler came publicly
to his rescue.
241
00:16:10,550 --> 00:16:13,750
Surprising benevolence indeed,
especially as everyone knew
242
00:16:13,790 --> 00:16:16,640
Hitler's contempt for lawyers,
as this phrase related
243
00:16:16,720 --> 00:16:18,150
by his followers shows.
244
00:16:21,360 --> 00:16:24,070
"It used to be actors they
buried in the communal grave.
245
00:16:25,510 --> 00:16:27,920
Nowadays they should
bury lawyers there."
246
00:16:30,790 --> 00:16:34,240
Hitler clearly had a social
and intellectual complex
247
00:16:34,680 --> 00:16:38,280
with regard to anyone who had an
education and especially lawyers.
248
00:16:39,070 --> 00:16:42,920
Basically, to loathe lawyers
in Germany was rather equivalent
249
00:16:42,960 --> 00:16:45,960
to rejecting or criticizing
technocrats in France.
250
00:16:46,680 --> 00:16:47,720
It's roughly the same.
251
00:16:48,040 --> 00:16:51,150
Indeed, in his great moments
of demagogy in his speeches
252
00:16:51,190 --> 00:16:53,720
to workers, Hitler said
"I am one of you".
253
00:17:10,870 --> 00:17:15,190
(ERUPTION OF CHEERS)
254
00:17:15,470 --> 00:17:19,400
Historically, lawyers and the law
have always held an important
255
00:17:19,550 --> 00:17:20,920
place in the German system.
256
00:17:21,280 --> 00:17:24,510
There is a special place for the
training of lawyers in Germany.
257
00:17:24,680 --> 00:17:28,470
A unique training that also gives
the opportunity to exceed
258
00:17:28,510 --> 00:17:31,720
to the highest levels in
politics, to the highest ranks
259
00:17:31,750 --> 00:17:35,280
in the civil service. The law
is one of the royal roots.
260
00:17:37,750 --> 00:17:40,640
Lawyers therefore are among
those elite people who are
261
00:17:40,680 --> 00:17:41,750
never far from power.
262
00:17:42,720 --> 00:17:44,790
So despite the contempt
he felt for them,
263
00:17:45,280 --> 00:17:47,870
Hitler understood very early
on that he had to count
264
00:17:47,920 --> 00:17:49,040
on that body of people.
265
00:17:50,720 --> 00:17:52,720
The rising generation
in the universities,
266
00:17:52,790 --> 00:17:54,720
like Werner Best, were radical.
267
00:17:55,830 --> 00:17:58,680
And despite the aversion they felt
at first for the populism
268
00:17:58,720 --> 00:18:02,000
of the Nazis, these
young people gradually joined
269
00:18:02,070 --> 00:18:04,400
and became the majority
in the student bodies.
270
00:18:06,240 --> 00:18:08,830
This nationalistic
and anti Semitic
271
00:18:08,870 --> 00:18:12,640
youth was an ideal hunting ground
for the party of the Swastika.
272
00:18:15,360 --> 00:18:17,040
At the end of the 1920s.
273
00:18:17,280 --> 00:18:19,430
Those people were at the end
of their studies
274
00:18:19,470 --> 00:18:21,510
and faced a future of
unemployment
275
00:18:21,550 --> 00:18:23,190
with the crisis of 1929.
276
00:18:24,000 --> 00:18:26,400
And that is when schemes
for canvassing young doctors
277
00:18:26,430 --> 00:18:30,190
appeared, notably young doctors
of law to encourage them to join
278
00:18:30,240 --> 00:18:31,470
the party.
279
00:18:31,510 --> 00:18:33,430
Not only so that they would have
280
00:18:33,470 --> 00:18:38,040
a status, a mission, a job,
but better still
281
00:18:38,510 --> 00:18:41,790
to open the possibility of
an absolutely marvelous career.
282
00:18:43,960 --> 00:18:47,240
When he joined the NSDAP,
Werner Best was hoping to play
283
00:18:47,280 --> 00:18:48,430
a role in politics.
284
00:18:49,790 --> 00:18:52,360
And that was where the Boxheim
affair ruined everything.
285
00:18:53,320 --> 00:18:55,320
It even cost him
his post as a judge.
286
00:18:56,790 --> 00:19:00,790
But at the same time, Best had
just had a crucial encounter.
287
00:19:01,190 --> 00:19:02,190
The SS.
288
00:19:04,000 --> 00:19:05,510
This was Hitler's bodyguard.
289
00:19:05,680 --> 00:19:09,040
Hand picked Nazis,
radical and committed to embody
290
00:19:09,070 --> 00:19:11,750
the elite of the future
Thousand Year Reich.
291
00:19:13,550 --> 00:19:17,550
Their leader was Heinrich Himmler
and he had spotted Werner Best.
292
00:19:19,280 --> 00:19:23,190
So it was with a new number,
23377,
293
00:19:23,240 --> 00:19:25,600
that Best put on his SS uniform.
294
00:19:29,830 --> 00:19:32,000
The SS recruited
three types of people.
295
00:19:32,830 --> 00:19:34,470
The first type were lawyers,
296
00:19:34,510 --> 00:19:36,320
second type managers
and engineers,
297
00:19:36,720 --> 00:19:39,280
and the third type specialists
in social sciences.
298
00:19:40,550 --> 00:19:42,960
Together they could combine
political radicalism,
299
00:19:43,360 --> 00:19:45,830
academic excellence
and bureaucratic efficiency.
300
00:19:46,750 --> 00:19:49,070
And at the same time
301
00:19:49,110 --> 00:19:51,600
they recruited people
who mostly made up
302
00:19:51,640 --> 00:19:55,470
a functioning elite which enabled
the SS to penetrate the state
303
00:19:55,510 --> 00:19:59,000
institutions, either local or
federal, of German society.
304
00:20:03,110 --> 00:20:07,190
In the summer of 1932, the
economic situation was not good.
305
00:20:08,640 --> 00:20:10,550
One German in three
was out of work.
306
00:20:11,280 --> 00:20:13,430
Among them was Johann Reichardt.
307
00:20:13,920 --> 00:20:16,640
He was the last in a line
of executioners who had
308
00:20:16,680 --> 00:20:17,830
formerly been wealthy.
309
00:20:18,640 --> 00:20:22,150
Like many of his countrymen,
he had now fallen on hard times.
310
00:20:25,110 --> 00:20:27,070
There were relatively few
executions under
311
00:20:27,110 --> 00:20:28,400
the Weimar Republic,
312
00:20:28,430 --> 00:20:30,870
so he had to find other
ways to feed his family.
313
00:20:32,960 --> 00:20:34,830
Thus he was for a
time an innkeeper.
314
00:20:34,870 --> 00:20:37,280
Then he sold religious
pamphlets around the villages.
315
00:20:39,830 --> 00:20:41,830
Then finally he went
and settled in the Netherlands
316
00:20:41,870 --> 00:20:42,960
to sell vegetables.
317
00:20:45,960 --> 00:20:49,040
(ENGLISH SPOKEN OVER GERMAN)
318
00:20:49,280 --> 00:20:51,150
When an execution was planned,
319
00:20:51,190 --> 00:20:52,720
they sent him
a telegram from Bavaria.
320
00:20:54,150 --> 00:20:56,280
He then had to go to Munich
to carry out his work
321
00:20:56,320 --> 00:20:57,360
as an executioner.
322
00:20:58,790 --> 00:21:00,240
He always arrived on time.
323
00:21:02,400 --> 00:21:04,240
July 10th, 1932.
324
00:21:04,680 --> 00:21:07,870
In the train that took him back
to Munich, Johan Reichardt
325
00:21:07,920 --> 00:21:09,320
was doing some thinking.
326
00:21:09,790 --> 00:21:11,400
Since he had been living
in the Netherlands,
327
00:21:11,430 --> 00:21:14,190
it was only the second time he had
been called on to officiate
328
00:21:14,240 --> 00:21:15,240
as executioner.
329
00:21:16,110 --> 00:21:19,470
This time it was a woman,
a first for him.
330
00:21:21,550 --> 00:21:24,750
After the execution,
Reichardt went into town for a few
331
00:21:24,790 --> 00:21:26,110
beers with his associates.
332
00:21:26,510 --> 00:21:29,150
They confirmed that the atmosphere
had changed since he left.
333
00:21:30,110 --> 00:21:32,430
And as the elections drew near,
it became more like
334
00:21:32,470 --> 00:21:33,720
a climate of civil war.
335
00:21:36,510 --> 00:21:39,870
So he was fairly relaxed about
taking the train back to Holland.
336
00:21:41,400 --> 00:21:44,320
There, his wife and three children
were waiting for him in their
337
00:21:44,360 --> 00:21:45,790
small Amsterdam flat.
338
00:21:47,070 --> 00:21:49,870
Two weeks later, he learned
the results of the elections.
339
00:21:52,360 --> 00:21:56,600
With 37.3% of the votes,
far ahead of the Social Democrats,
340
00:21:57,000 --> 00:22:00,110
the Nazi party became the
country's first party.
341
00:22:00,150 --> 00:22:03,640
In Germany, the news was
like a bombshell.
342
00:22:08,190 --> 00:22:10,960
However,
long months of negotiations were
343
00:22:11,000 --> 00:22:14,750
needed before at last,
on January 30, 1933,
344
00:22:15,150 --> 00:22:18,430
Marshall Hindenburg agreed
to appoint Hitler as Chancellor.
345
00:22:23,790 --> 00:22:28,640
On this day, January 30, 1933,
Lilo's father, Martin Kuznitzky,
346
00:22:28,680 --> 00:22:30,360
read the news in the
morning paper.
347
00:22:33,550 --> 00:22:36,280
The appointment of Hitler
to the post of Chancellor
348
00:22:36,510 --> 00:22:38,190
foreshadowed dark days to come.
349
00:22:40,280 --> 00:22:43,430
Nevertheless, the Kuznitzkys
decided to go off on holiday
350
00:22:43,470 --> 00:22:44,470
to the mountains.
351
00:22:51,510 --> 00:22:54,400
After all, the democratic press
recognized the legality
352
00:22:54,430 --> 00:22:56,720
of the process that had
brought Hitler to power.
353
00:22:58,870 --> 00:23:01,600
And then,
although he had to appoint Hitler,
354
00:23:01,920 --> 00:23:04,960
old Marshal Hindenburg was
still president of the country.
355
00:23:07,280 --> 00:23:10,960
He was a hero of the Great War
and his presence was comforting.
356
00:23:15,430 --> 00:23:18,240
There were only three Nazis
in the right wing coalition.
357
00:23:20,470 --> 00:23:23,920
Yet the lawyer Wilhelm Frick
became Home Secretary
358
00:23:25,110 --> 00:23:27,830
and Goering was made Prime
Minister of Prussia,
359
00:23:28,240 --> 00:23:30,070
the biggest of the German regions.
360
00:23:30,720 --> 00:23:33,110
These were key posts
for controlling the police.
361
00:23:35,040 --> 00:23:38,320
To contain the Nazis,
Hindenburg named his ally,
362
00:23:38,640 --> 00:23:42,150
the conservative Franz von
Papen, as Vice Chancellor.
363
00:23:44,150 --> 00:23:46,640
He was a political veteran
and was supposed to keep
364
00:23:46,680 --> 00:23:47,830
the situation under control.
365
00:23:48,400 --> 00:23:49,750
But would he be up to it?
366
00:23:59,280 --> 00:24:01,190
Some, like Lilo,
were worried about
367
00:24:01,240 --> 00:24:03,600
the trivialization of
the Nazis discourse,
368
00:24:05,680 --> 00:24:07,830
and Hitler traveled
up and down the country
369
00:24:08,680 --> 00:24:11,720
using his newfound legitimacy
as a formidable megaphone.
370
00:25:22,960 --> 00:25:28,720
(SHOUTING IN AGREEMENT)
371
00:25:29,240 --> 00:25:39,680
(SOMBRE PIANO MUSIC)
372
00:25:57,680 --> 00:26:01,600
After the fire in the Reichstag,
Germany was in a state of shock.
373
00:26:03,190 --> 00:26:06,240
The convenient arrest
of a communist suspect allowed the
374
00:26:06,280 --> 00:26:08,150
Nazis to wave the
threat of a plot.
375
00:26:10,320 --> 00:26:13,430
Immediately Hitler got
Hindenburg to put a signature
376
00:26:13,510 --> 00:26:14,960
to an exceptional measure.
377
00:26:20,830 --> 00:26:22,920
In the morning of the fire
in the Reichstag,
378
00:26:22,960 --> 00:26:27,550
on 28th February 1933, an
order was signed by Hindenburg.
379
00:26:27,720 --> 00:26:30,280
An order for the protection
of the people and the state,
380
00:26:30,680 --> 00:26:33,470
conferring almost unlimited
powers on the executive,
381
00:26:33,960 --> 00:26:36,680
on the government, and,
that's to say, on the police.
382
00:26:40,830 --> 00:26:43,550
Straight away, the Nazis
began a wave of arrests.
383
00:26:44,680 --> 00:26:48,240
Hans Litten, the lawyer who had
ridiculed Hitler a year and a half
384
00:26:48,280 --> 00:26:50,960
earlier, was sound asleep when
someone violently
385
00:26:51,000 --> 00:26:52,040
hammered on his door.
386
00:26:53,240 --> 00:26:55,070
Hitler had not forgotten him.
387
00:26:56,430 --> 00:26:58,510
His name was among
the first on the list.
388
00:26:59,070 --> 00:27:01,550
He was taken immediately
to Spandau Prison.
389
00:27:04,110 --> 00:27:05,870
The arrest went
on for several days.
390
00:27:06,280 --> 00:27:09,870
Dozens of other notables soon
joined Hans Litten behind bars.
391
00:27:11,040 --> 00:27:13,150
Members of parliament,
journalists,
392
00:27:13,190 --> 00:27:14,960
intellectuals or writers,
393
00:27:15,360 --> 00:27:17,190
most of them opposed to the Nazis.
394
00:27:18,640 --> 00:27:21,550
Totally dumbfounded,
Hans Litten watched the rules of
395
00:27:21,600 --> 00:27:23,360
the legal system being sabotaged.
396
00:27:31,360 --> 00:27:34,960
In other words,
as from 28th of February 1933,
397
00:27:35,280 --> 00:27:38,320
people in Germany were no longer
in a state governed by the law.
398
00:27:39,680 --> 00:27:40,790
There was no legal control.
399
00:27:40,960 --> 00:27:43,110
You could be arrested,
placed in custody
400
00:27:43,150 --> 00:27:45,280
in a concentration camp
without motive,
401
00:27:45,320 --> 00:27:46,960
for an indeterminate time,
402
00:27:47,040 --> 00:27:50,150
undefended and beyond
the control of the judiciary.
403
00:27:52,960 --> 00:27:56,150
Soon Hans Litten was transferred
to a camp at Sonnenberg.
404
00:27:57,040 --> 00:27:59,470
The guards at the camp
were members of the SA
405
00:27:59,510 --> 00:28:02,000
and wore the armbands
of auxiliary police.
406
00:28:04,150 --> 00:28:07,040
This proved that between the usual
members of the judiciary
407
00:28:07,070 --> 00:28:10,510
and the arbitrary Nazi policemen,
any distinction was
408
00:28:10,550 --> 00:28:11,550
suddenly blurred.
409
00:28:13,000 --> 00:28:17,240
Werner Best, now legal consultant
in the ss, was now one of those
410
00:28:17,280 --> 00:28:20,920
given the task of establishing the
legal framework for these arrests.
411
00:28:23,830 --> 00:28:27,110
And thanks to him,
as with the arrest of Hans Litten,
412
00:28:27,150 --> 00:28:30,360
the police always turned up
with an authoritative document,
413
00:28:31,550 --> 00:28:32,680
the Schutzhaft.
414
00:28:34,400 --> 00:28:37,400
(ENGLISH SPOKEN OVER GERMAN)
415
00:28:37,720 --> 00:28:39,190
The Schutzhaft was a tool
416
00:28:39,240 --> 00:28:41,240
invented before
the Nazis came to power.
417
00:28:44,280 --> 00:28:48,280
But Werner Best belonged
to that amalgam of policeman/
418
00:28:48,680 --> 00:28:52,600
lawyer/ SS militant
that brought it up to date,
419
00:28:53,000 --> 00:28:56,070
rewrote it
and brought it into the legal
420
00:28:56,110 --> 00:28:58,360
and administrative arsenal
of the Third Reich.
421
00:29:01,070 --> 00:29:04,280
We can see it in the letterhead
Gerheimer Staatspolizei,
422
00:29:04,360 --> 00:29:05,640
the state secret police.
423
00:29:06,360 --> 00:29:09,000
It was a police decision,
but the paper was mauve
424
00:29:09,470 --> 00:29:12,510
because the color mauve was
the color for legal decisions,
425
00:29:12,920 --> 00:29:14,040
judicial decisions.
426
00:29:16,040 --> 00:29:18,430
In other words,
the issue was deliberately
427
00:29:18,470 --> 00:29:22,240
obfuscated and a legitimized form
was given to a purely police
428
00:29:22,280 --> 00:29:25,240
decision by making it seem
to be a judicial decision.
429
00:29:26,110 --> 00:29:27,640
So there was no control
by a judge.
430
00:29:27,720 --> 00:29:30,190
There was no longer any
respect for basic freedoms.
431
00:29:33,640 --> 00:29:36,110
The Nazis were to cross
another decisive line.
432
00:29:36,190 --> 00:29:39,550
Only three weeks after having put
an end to fundamental rights
433
00:29:39,600 --> 00:29:41,000
and individual liberties.
434
00:29:44,040 --> 00:29:46,510
There reigned a climate
of intimidation, backed
435
00:29:46,550 --> 00:29:48,110
by the massive presence of the SA.
436
00:29:48,830 --> 00:29:51,320
When, on March 23,
the first meeting of the new
437
00:29:51,360 --> 00:29:54,000
parliament was held.
438
00:29:54,870 --> 00:29:57,360
Supported by the new
exceptional measures,
439
00:29:57,400 --> 00:30:00,240
Hitler commanded the
MPs to accord him full powers.
440
00:30:12,320 --> 00:30:18,070
The next morning, on March 24, the
law was passed by 444 votes to 94.
441
00:30:20,430 --> 00:30:22,600
From then on,
Hitler governed alone,
442
00:30:24,110 --> 00:30:26,110
without having touched
the constitution.
443
00:30:26,830 --> 00:30:28,680
He had set up a dictatorship.
444
00:31:03,680 --> 00:31:05,750
But what community was
Frick referring to?
445
00:31:06,550 --> 00:31:10,400
And who among the German people
could still claim to belong to it?
446
00:31:13,110 --> 00:31:14,600
You could only be
in the community
447
00:31:14,640 --> 00:31:18,150
if you were of the German race,
of German blood.
448
00:31:18,190 --> 00:31:21,750
The essential corollary
of community in the Nazi sense.
449
00:31:23,680 --> 00:31:26,960
There are other types of
community, race, obviously.
450
00:31:27,680 --> 00:31:30,920
And it was also being in what the
Nazis came to call
451
00:31:30,960 --> 00:31:33,280
the Furher's gefolgschaft.
452
00:31:34,790 --> 00:31:39,960
The gefolgschaft was that group
that followed the Fuhrer,
453
00:31:40,360 --> 00:31:43,470
the chief,
with unconditional obedience,
454
00:31:44,190 --> 00:31:45,960
with an absolute loyalty.
455
00:31:48,360 --> 00:31:52,920
(CHEERS AND SHOUTS)
456
00:31:54,640 --> 00:31:58,960
(SHOUTING IN GERMAN)
457
00:32:13,720 --> 00:32:17,960
(CROWD CHANTING IN GERMAN)
458
00:32:18,470 --> 00:32:22,040
(SOMBRE PIANO MUSIC)
459
00:32:22,150 --> 00:32:25,510
It's hard to imagine today, this
invisible, dangerous frontier.
460
00:32:26,720 --> 00:32:29,600
Colleagues and neighbors who were
familiar to them,
461
00:32:29,640 --> 00:32:31,920
the friends they
openly confided in.
462
00:32:32,960 --> 00:32:35,110
Never again would the Germans
be able to look at them
463
00:32:35,150 --> 00:32:36,470
in the same way.
464
00:32:39,280 --> 00:32:41,470
In the Berlin Jewish Museum
465
00:32:41,510 --> 00:32:43,110
you can find
evidence of the day when
466
00:32:43,150 --> 00:32:46,150
Lilo Kuznetsky discovered that
she was on the wrong side
467
00:32:46,190 --> 00:32:47,360
of that invisible line.
468
00:32:49,510 --> 00:32:53,110
On the morning of April 3rd, the
police came to the family home.
469
00:32:53,680 --> 00:32:55,680
As it happened, she was not there.
470
00:32:55,830 --> 00:32:57,360
And it was Martin Kuznitzky,
471
00:32:57,400 --> 00:32:59,190
Lilo's father,
who opened the door.
472
00:32:59,960 --> 00:33:01,750
(ENGLISH TRANSLATION SPOKEN)
473
00:33:01,920 --> 00:33:04,870
The policeman said,
I want your daughter's passport.
474
00:33:05,680 --> 00:33:07,550
Martin Kuznitzky was busy
475
00:33:07,600 --> 00:33:09,830
and paid little attention
to the policeman.
476
00:33:11,750 --> 00:33:15,000
The policeman made this a pretext
for lodging a complaint
477
00:33:15,040 --> 00:33:16,040
for defamation.
478
00:33:17,280 --> 00:33:19,510
He was being
somewhat overzealous.
479
00:33:22,110 --> 00:33:26,240
1M13033 was
the number of the file
480
00:33:26,280 --> 00:33:29,920
that Inspector Young immediately
opened against Martin Kuznitzky
481
00:33:29,960 --> 00:33:31,400
for some obscure motive.
482
00:33:35,150 --> 00:33:37,960
The only thing that could
possibly explain that
483
00:33:38,000 --> 00:33:41,680
was that Elizabeth
or Lilo Kuznitzky
484
00:33:41,720 --> 00:33:43,920
was probably
politically committed
485
00:33:43,960 --> 00:33:47,070
and consequently was in
the sights of the authorities
486
00:33:47,870 --> 00:33:49,320
and therefore the police.
487
00:33:54,110 --> 00:33:59,550
As from 30th of January 1933,
there was a policy that the Nazis
488
00:33:59,600 --> 00:34:02,430
called the Gleichschaltung
that could be translated
489
00:34:02,470 --> 00:34:06,510
by bringing to heel,
but which means indexing,
490
00:34:06,920 --> 00:34:10,830
synchronizing, putting to one
side, in short, centralization,
491
00:34:11,000 --> 00:34:12,830
rationalization, purgation.
492
00:34:13,550 --> 00:34:16,110
And as it happened, the
legal world was rapidly purged
493
00:34:16,150 --> 00:34:18,510
by the law of 7th of April 1933.
494
00:34:19,150 --> 00:34:21,240
This was a law that affected
the civil service
495
00:34:21,400 --> 00:34:24,320
and which stipulated that all
friends of the National Union
496
00:34:24,360 --> 00:34:27,150
government, thus people on the
left were excluded from
497
00:34:27,190 --> 00:34:28,190
the civil service.
498
00:34:29,070 --> 00:34:31,470
Moreover,
the Jews had an exemption,
499
00:34:31,640 --> 00:34:34,600
starting with war veterans,
but that was soon done away with.
500
00:34:36,190 --> 00:34:40,040
The associations of solicitors
and of lawyers followed very
501
00:34:40,070 --> 00:34:42,000
swiftly with,
without being consulted.
502
00:34:42,400 --> 00:34:45,040
Or with the friendly suggestion
that they should take
503
00:34:45,070 --> 00:34:46,070
notice of this law.
504
00:34:46,320 --> 00:34:49,470
In other words, that what applied
to the civil service would also
505
00:34:49,510 --> 00:34:51,600
apply to lawyers,
solicitors, etc.
506
00:34:53,280 --> 00:34:56,000
And therefore
there would be a host
507
00:34:56,040 --> 00:34:59,920
of professional bans laid down,
sometimes violently,
508
00:35:00,470 --> 00:35:05,680
since at the Judiciary Tribunal
of Berlin, SA troops had burst in
509
00:35:06,400 --> 00:35:08,750
and violently
thrown out the judges
510
00:35:08,790 --> 00:35:11,110
and the lawyers they considered
511
00:35:11,680 --> 00:35:17,040
to be on the left or Jewish,
or worse still, both.
512
00:35:20,960 --> 00:35:24,400
Altogether, there were thousands
of lawyers, solicitors
513
00:35:24,430 --> 00:35:27,360
and magistrates who were
sacked or forbidden to practice.
514
00:35:29,600 --> 00:35:33,110
In Prussia, Goering alone,
since he was now prime minister,
515
00:35:33,600 --> 00:35:36,240
dismissed 28% of top
civil servants.
516
00:35:37,360 --> 00:35:40,470
Other victims of the purge were
university professors of law.
517
00:35:43,750 --> 00:35:46,830
Carl Schmitt, then considered
to be the greatest legal mind,
518
00:35:46,870 --> 00:35:48,000
approved.
519
00:35:48,070 --> 00:35:50,790
And on May 1st he
joined the Nazi party.
520
00:35:51,600 --> 00:35:55,040
As for Lilo, a lawyer from a half
Jewish family and political
521
00:35:55,110 --> 00:35:57,110
activist, she became a target.
522
00:35:59,830 --> 00:36:01,680
But she wasn't yet
caught up in the purge.
523
00:36:02,550 --> 00:36:06,320
And unlike the 38,000 people
who were already leaving Germany,
524
00:36:06,430 --> 00:36:07,750
she stayed in the country.
525
00:36:10,640 --> 00:36:13,750
Fritz Lang chose to leave
with the first wave of emigrants.
526
00:36:14,640 --> 00:36:16,360
And though he chose exile,
527
00:36:16,400 --> 00:36:18,400
he saw the
dark institutions of his
528
00:36:18,430 --> 00:36:21,110
film, M the Cursed,
become reality.
529
00:36:21,920 --> 00:36:27,830
(OMINOUS MUSIC PLAYS)
530
00:36:31,870 --> 00:36:34,750
In just a few months,
an avalanche of laws and decrees
531
00:36:34,790 --> 00:36:35,960
descended on Germany.
532
00:36:36,920 --> 00:36:40,600
The Nazi plan was taking shape
and Hitler did not act alone.
533
00:36:42,190 --> 00:36:44,510
After Goering, who was
extending his powers
534
00:36:45,240 --> 00:36:47,640
after Frick
at the Interior Ministry,
535
00:36:48,430 --> 00:36:50,920
other loyal followers saw
their powers increase.
536
00:36:51,720 --> 00:36:53,510
Goebbels at the
Propaganda Ministry,
537
00:36:54,000 --> 00:36:58,190
Rohm at the head of the SA,
Himmler in charge of the SS
538
00:36:58,240 --> 00:36:59,430
and the Bavarian police.
539
00:37:00,560 --> 00:37:02,960
To comfort public opinion
and the political class.
540
00:37:03,680 --> 00:37:06,510
The conservative Franz Gürtner
was left in his post as
541
00:37:06,560 --> 00:37:07,560
Minister of Justice.
542
00:37:11,720 --> 00:37:14,920
But in Hitler's wake came a number
of Nazis who had been loyal
543
00:37:14,960 --> 00:37:16,000
from the very beginning.
544
00:37:18,000 --> 00:37:21,190
In particular, Hans Frank,
Hitler's former lawyer,
545
00:37:22,390 --> 00:37:25,960
and Roland Freisler,
Secretary of State in Prussia and
546
00:37:26,000 --> 00:37:27,830
one of the most radical
ideologues.
547
00:37:28,790 --> 00:37:32,870
For them, above all, Freisler,
the law and justice were weapons
548
00:37:32,920 --> 00:37:36,240
to be used in the internal war
against the enemies of the German
549
00:37:36,280 --> 00:37:38,390
nation and the German race.
550
00:37:44,000 --> 00:37:46,470
If the law is a weapon,
you need soldiers.
551
00:37:47,040 --> 00:37:50,240
Roland Freisler called them
the armored divisions of the law,
552
00:37:50,790 --> 00:37:52,870
a warlike term that mainly applied
553
00:37:52,920 --> 00:37:54,640
to the young
generation of lawyers.
554
00:38:00,470 --> 00:38:02,870
Hundreds of law students about
to get their degrees,
555
00:38:03,040 --> 00:38:06,790
took the trains to Jüterbog,
90 kilometers south of Berlin.
556
00:38:11,110 --> 00:38:13,280
There, in a camp where they
would spend eight weeks,
557
00:38:13,750 --> 00:38:17,070
these future lawyers and public
prosecutors underwent a physical
558
00:38:17,110 --> 00:38:21,510
and ideological retraining,
all under the supervision
559
00:38:22,070 --> 00:38:23,510
of Roland Freisler.
560
00:38:59,960 --> 00:39:03,320
Community, camaraderie,
indoctrination begins
561
00:39:03,360 --> 00:39:05,000
with the repetition
of these ideas.
562
00:39:05,720 --> 00:39:07,870
In a book that he would
soon write in Exile,
563
00:39:08,190 --> 00:39:11,470
the young lawyer Sebastian Haffner
recounts the effects
564
00:39:11,510 --> 00:39:12,600
of this brainwashing.
565
00:39:16,360 --> 00:39:19,790
"If several weeks in Jüterbog
turned us into a brainless sludge,
566
00:39:19,960 --> 00:39:21,640
it was the work of camaraderie.
567
00:39:22,190 --> 00:39:23,750
Camaraderie annihilates the
568
00:39:23,790 --> 00:39:25,470
feeling of
personal responsibility.
569
00:39:27,320 --> 00:39:29,470
That's what ideological
education really was."
570
00:39:30,920 --> 00:39:33,150
"By agreeing to take part
in the game they were playing
571
00:39:33,190 --> 00:39:37,240
with us, we were turning ourselves
automatically into, if not Nazis,
572
00:39:37,560 --> 00:39:39,960
at least into a material
the Nazis could use."
573
00:39:42,320 --> 00:39:45,240
(SINISTER MUSIC PLAYS)
574
00:39:46,280 --> 00:39:48,040
The armored divisions of the law.
575
00:39:48,680 --> 00:39:52,320
Unlike Sebastian Haffner,
most of these young people quite
576
00:39:52,360 --> 00:39:54,640
frivolously agree
to become the spearhead.
577
00:39:56,000 --> 00:39:58,560
For most of them belong
to a radical generation coming
578
00:39:58,600 --> 00:39:59,600
out of the universities.
579
00:39:59,680 --> 00:40:01,240
(SINGING JOYFULLY)
580
00:40:01,360 --> 00:40:05,640
So swastikas and patriotic songs
replaced the togas in books
581
00:40:05,680 --> 00:40:06,720
of legal proceedings.
582
00:40:07,280 --> 00:40:09,000
In this archive film,
583
00:40:09,040 --> 00:40:11,000
they have just symbolically
condemned
584
00:40:11,040 --> 00:40:14,000
and hanged a representation
of a paragraph symbol,
585
00:40:14,040 --> 00:40:17,680
a sacrilege that was both a
bit of fun and heavy with meaning.
586
00:40:17,720 --> 00:40:20,470
(ENGLISH TRANSLATION
SPOKEN OVER INTERVIEWEES)
587
00:40:20,600 --> 00:40:24,280
In Germany, the laws are more
often subdivided into paragraphs
588
00:40:24,320 --> 00:40:27,070
and less into articles,
as they do in France.
589
00:40:27,640 --> 00:40:30,830
So when you target the paragraph,
you are targeting the way
590
00:40:30,870 --> 00:40:34,470
in which the laws are subdivided
and therefore the formal
591
00:40:34,510 --> 00:40:35,560
conception of the law.
592
00:40:37,390 --> 00:40:41,190
Before 1933, in Germany,
we had a system of liberal law,
593
00:40:41,280 --> 00:40:43,150
as in the whole
of Europe and the West.
594
00:40:43,640 --> 00:40:45,870
That is where everything
stems from the individual.
595
00:40:46,110 --> 00:40:48,830
Everything starts with the
dignity of the individual,
596
00:40:49,070 --> 00:40:52,320
his freedoms and the protecting
of his dignity and freedoms.
597
00:40:52,360 --> 00:40:54,830
With the Nazis, this
concept was reversed and it
598
00:40:54,870 --> 00:40:58,110
was decided that henceforward,
the basis of law was no longer
599
00:40:58,150 --> 00:41:00,360
the individual, but
the community of the people.
600
00:41:03,320 --> 00:41:05,390
Symbolically,
to produce a paragraph wasn't
601
00:41:05,430 --> 00:41:08,510
enough to radically
and durably reverse practices.
602
00:41:09,150 --> 00:41:12,430
It was necessary to discipline
and control the legal professions
603
00:41:17,070 --> 00:41:20,190
created by the Nazis
and presided over by Hans Frank.
604
00:41:20,360 --> 00:41:22,510
The Academy of Law
would take care of it.
605
00:41:26,190 --> 00:41:29,640
In 1933, Hans Frank was
brought into the government
606
00:41:29,680 --> 00:41:31,390
as Commissioner of the Reich
607
00:41:31,430 --> 00:41:34,280
for bringing into line
both the legal establishment
608
00:41:34,360 --> 00:41:36,110
and judicial associations.
609
00:41:37,190 --> 00:41:38,240
That was the first thing.
610
00:41:38,960 --> 00:41:42,240
Another factor, perhaps,
was the presidency of the
611
00:41:42,280 --> 00:41:43,600
Academy for German Law.
612
00:41:45,190 --> 00:41:50,640
Hans Frank would preside over
this academy from 1933 to 1942.
613
00:41:51,600 --> 00:41:54,870
To all appearances,
it was a standard law academy.
614
00:41:54,960 --> 00:41:59,040
Its brief was to train lawyers,
support judicial publications,
615
00:41:59,360 --> 00:42:00,560
prepare legal bills.
616
00:42:01,600 --> 00:42:04,640
But all these functions of a
law academy, and in this case
617
00:42:04,680 --> 00:42:07,870
the Academy for German Law,
took on a special meaning,
618
00:42:08,110 --> 00:42:12,000
since it required specifically
bringing into line and breathing
619
00:42:12,040 --> 00:42:13,720
life into a new ideology.
620
00:42:17,320 --> 00:42:20,000
Within the academy there were
eminent law professors like
621
00:42:20,040 --> 00:42:22,510
Carl Schmitt,
philosophers such as
622
00:42:22,560 --> 00:42:26,040
Martin Heidegger,
future magistrates and lawyers,
623
00:42:26,680 --> 00:42:28,750
and of course, Roland Freisler.
624
00:42:30,070 --> 00:42:32,390
There were also people with no
judicial qualifications,
625
00:42:32,430 --> 00:42:35,000
appointed just out
of political expediency.
626
00:42:35,040 --> 00:42:37,600
Industrialists or
well known personalities.
627
00:42:38,640 --> 00:42:43,280
Hans Frank, as president,
decided to set the example.
628
00:42:44,070 --> 00:42:47,510
On the ground, Magistrates saw
a part of their prerogatives
629
00:42:47,560 --> 00:42:48,750
brought into question.
630
00:42:49,680 --> 00:42:51,280
Some of them openly complained.
631
00:42:52,870 --> 00:42:55,360
In the personal file of prosecutor
Reuters,
632
00:42:55,790 --> 00:42:58,680
there are dozens of notes that
this conservative civil servant
633
00:42:58,720 --> 00:43:01,240
had addressed to the government
minister denouncing
634
00:43:01,280 --> 00:43:03,470
the interference of the
state secret police,
635
00:43:03,870 --> 00:43:07,110
the Gestapo, in many cases.
636
00:43:08,320 --> 00:43:10,510
Procedures,
illegal interrogations,
637
00:43:10,680 --> 00:43:13,870
repeated irregularities for
offenses of a political nature,
638
00:43:14,360 --> 00:43:17,470
non transmission of information
to the public prosecutor's office,
639
00:43:17,720 --> 00:43:20,600
and even sometimes
the disappearance of proof.
640
00:43:23,040 --> 00:43:27,150
In concrete terms,
a defendant can be transferred
641
00:43:27,190 --> 00:43:32,070
before a repressive penal
tribunal and find him or herself
642
00:43:32,470 --> 00:43:35,790
at the end of the proceedings,
acquitted and walk
643
00:43:35,830 --> 00:43:37,150
out of the court.
644
00:43:37,430 --> 00:43:40,000
And the Gestapo might grab him,
saying,
645
00:43:40,040 --> 00:43:43,070
"Yes, all right, but we've
got other things against you."
646
00:43:43,110 --> 00:43:45,360
In any case, you're
outside the community.
647
00:43:48,720 --> 00:43:51,110
In this pitiless war against
the enemies of the community,
648
00:43:51,750 --> 00:43:54,790
the independence of judges
was under threat everywhere.
649
00:43:55,110 --> 00:43:58,640
In the Cologne tribunal where she
worked, Lilo Kuznitzky
650
00:43:58,680 --> 00:44:00,000
saw it every day.
651
00:44:03,600 --> 00:44:06,430
To reach the ideal of justice
for the community of the people
652
00:44:06,470 --> 00:44:08,960
that they dreamed of,
the Nazis had set out
653
00:44:09,000 --> 00:44:10,390
to defeat the judicial system.
654
00:44:13,280 --> 00:44:15,750
Whether it was birthright,
citizenship, health,
655
00:44:16,150 --> 00:44:17,680
heredity or politics.
656
00:44:18,070 --> 00:44:21,190
Special tribunals were created
to sanction new offenses
657
00:44:21,280 --> 00:44:22,960
defined by Nazi dogma.
658
00:44:29,040 --> 00:44:31,280
Every time there was a problem,
they created a law
659
00:44:31,320 --> 00:44:32,320
and then a tribunal.
660
00:44:34,240 --> 00:44:36,000
So there are tribunals
in every field.
661
00:44:36,960 --> 00:44:39,190
And especially there was
an interesting tribunal
662
00:44:39,240 --> 00:44:41,830
which concerned the handing down
of hereditary farms,
663
00:44:45,870 --> 00:44:49,390
because there are two German key,
blood and land.
664
00:44:50,190 --> 00:44:51,560
Blut und Boden.
665
00:44:52,600 --> 00:44:55,320
The German peasant was,
in Nazi minds, the essence
666
00:44:55,360 --> 00:44:56,680
of National Socialism.
667
00:44:57,790 --> 00:45:00,430
So what was important was
that great properties
668
00:45:00,470 --> 00:45:01,560
should be passed down.
669
00:45:02,190 --> 00:45:05,320
If someone were Jewish,
he had no right to own land.
670
00:45:06,280 --> 00:45:08,560
If someone were enough
of a congenital idiot,
671
00:45:08,600 --> 00:45:10,830
he had no right to own land.
And so on.
672
00:45:11,640 --> 00:45:14,560
Every possible exclusion was
invented to preserve the purity
673
00:45:14,600 --> 00:45:15,870
of the race, so to speak.
674
00:45:16,280 --> 00:45:19,000
It was land tenure that brought
honor to German soil.
675
00:45:21,470 --> 00:45:25,110
Special tribunals,
Gestapo and the police became
676
00:45:25,150 --> 00:45:28,790
the instruments of this bringing
into line that the Nazis called
677
00:45:28,830 --> 00:45:32,560
synchronization and nothing must
stop it, even if it meant getting
678
00:45:32,600 --> 00:45:33,870
around traditional justice.
679
00:45:36,110 --> 00:45:38,870
It was a vast movement that also
transformed the life
680
00:45:38,920 --> 00:45:41,000
of executioner Johann Reichardt.
681
00:45:41,150 --> 00:45:44,040
In June 1933,
after two years in Holland,
682
00:45:44,070 --> 00:45:46,430
he came back and settled
in Munich with his family.
683
00:45:49,000 --> 00:45:51,070
He had just been offered
a long term contract.
684
00:45:51,560 --> 00:45:53,320
It was beyond his wildest dreams.
685
00:45:53,870 --> 00:45:56,790
The Reichards could once again
enjoy the Munich summer
686
00:45:56,830 --> 00:45:58,470
and swimming in the canal.
687
00:45:58,510 --> 00:46:00,920
A carefree happiness they
had almost forgotten.
688
00:46:06,190 --> 00:46:09,640
An income of 3,000 marks
a month, a small fortune.
689
00:46:10,510 --> 00:46:13,560
All things were possible again
thanks to this contract.
690
00:46:17,470 --> 00:46:20,830
Saxony, which had no executioner,
also sought his services.
691
00:46:21,470 --> 00:46:24,640
Reichardt lived again.
692
00:46:25,430 --> 00:46:29,470
And around him the nation
too seemed to be reborn.
693
00:46:35,600 --> 00:46:37,920
The Nazis announced a plan
to boost the economy.
694
00:46:40,390 --> 00:46:44,640
Like many Germans in the summer
of 1933, Johann Reichardt went
695
00:46:44,680 --> 00:46:46,870
along with the incredible
succession of changes
696
00:46:46,960 --> 00:46:48,150
happening in every field.
697
00:46:50,240 --> 00:46:52,720
The press had already announced
several months earlier,
698
00:46:52,750 --> 00:46:55,110
the creation by Goering
of the Gestapo.
699
00:46:58,000 --> 00:47:00,320
Order was the priority everywhere.
700
00:47:00,360 --> 00:47:03,040
stormtroopers
paraded in every town.
701
00:47:04,150 --> 00:47:10,320
In two years, the SA expanded
from 100,000 to 450,000 men.
702
00:47:10,720 --> 00:47:14,150
Those among them appointed as
police auxiliaries were now armed.
703
00:47:16,390 --> 00:47:19,600
They were an instrument which
made their chief, Ernst Rohm,
704
00:47:19,640 --> 00:47:23,560
Hitler's former brother in arms,
an inescapably powerful man.
705
00:47:25,870 --> 00:47:29,390
On July 14th, the NSDAP,
the Nazi party,
706
00:47:29,960 --> 00:47:31,720
became the only party allowed.
707
00:47:37,560 --> 00:47:41,600
During the summer of 1933,
Adolf Hitler and Ernst Rohm
708
00:47:41,640 --> 00:47:42,830
could enjoy their victory.
709
00:47:44,750 --> 00:47:48,070
After 10 years of political
struggle, the seeds they had
710
00:47:48,110 --> 00:47:49,790
planted had at last germinated.
711
00:47:50,510 --> 00:47:52,600
Germany was ready to follow.
712
00:47:54,040 --> 00:47:56,560
And in eight months most Germans
713
00:47:56,600 --> 00:47:58,510
had accepted without
batting an eyelid,
714
00:47:58,750 --> 00:48:02,150
dozens of laws and decrees
that had already fundamentally
715
00:48:02,190 --> 00:48:03,190
changed the country.
716
00:48:07,470 --> 00:48:11,110
For the Nazis, there remained one
last symbolic step to complete
717
00:48:11,150 --> 00:48:12,510
the redisciplining of the country.
718
00:48:15,750 --> 00:48:20,240
On September 21st, 1933,
nine months after the Reichstag
719
00:48:20,280 --> 00:48:24,240
fire, began the trial of those
suspected of starting the blaze.
720
00:48:30,240 --> 00:48:34,320
Goebbels propaganda minister
saw an interesting opportunity
721
00:48:34,360 --> 00:48:36,470
to turn it into a media platform.
722
00:48:37,110 --> 00:48:40,920
The great political trial
that would stand in judgment over
723
00:48:40,960 --> 00:48:44,640
the plotters, communists,
against the state system.
724
00:49:31,920 --> 00:49:33,240
It was a show trial.
725
00:49:33,280 --> 00:49:35,600
The trial was broadcast
live on radio.
726
00:49:35,830 --> 00:49:38,790
So it had to be a great moment,
a great shop window
727
00:49:38,830 --> 00:49:40,240
of Nazi propaganda.
728
00:49:40,470 --> 00:49:43,150
Except that the trial was held
according to the rules
729
00:49:43,190 --> 00:49:45,110
and the defense
could exercise its rights.
730
00:49:46,870 --> 00:49:49,360
As it happened, Dimitrov,
one of the accused,
731
00:49:49,510 --> 00:49:51,110
using his right of defense,
732
00:49:51,150 --> 00:49:54,510
called two ministers
to the bar as witnesses,
733
00:49:54,560 --> 00:49:56,150
Goebbels and Goering.
734
00:49:59,150 --> 00:50:01,320
During his eight months
in custody,
735
00:50:01,360 --> 00:50:02,870
Dimitrov had prepared his defense
736
00:50:02,920 --> 00:50:05,720
and had scrupulously studied
the German penal code.
737
00:50:07,790 --> 00:50:11,280
Goering found himself in such
difficulty that Dimitrov managed
738
00:50:11,320 --> 00:50:12,510
to make him lose his temper.
739
00:50:14,110 --> 00:50:18,000
(ANGRY SHOUTING)
740
00:50:25,870 --> 00:50:27,320
Feeling himself ridiculed,
741
00:50:27,360 --> 00:50:30,110
Goering had the radio broadcast
of the trial stopped.
742
00:50:31,240 --> 00:50:34,960
But from their enforced exile,
anti Nazi German journalists
743
00:50:35,000 --> 00:50:36,360
loved every minute of it.
744
00:50:38,070 --> 00:50:39,870
(GOERING SHOUTING)
745
00:50:41,790 --> 00:50:45,110
This collage by the famous press
artist John Hartfield
746
00:50:45,150 --> 00:50:46,510
summed up the fiasco.
747
00:50:47,790 --> 00:50:49,830
Only Van der Lubbe
was found guilty,
748
00:50:49,870 --> 00:50:52,430
while Dimitrov and
the others were acquitted.
749
00:50:55,750 --> 00:50:58,680
For the Nazis,
not only was the Reichstag fire
750
00:50:58,720 --> 00:51:01,680
trial a crushing defeat,
it showed that the bringing
751
00:51:01,720 --> 00:51:03,430
to heal had not gone to plan.
752
00:51:03,830 --> 00:51:07,110
The old law system still stood up
against their vision of the world.
753
00:51:07,920 --> 00:51:10,790
But Hitler and his lawyers
had not said their last word.
754
00:51:11,280 --> 00:51:14,000
And as a reaction to the defeat
they had just suffered,
755
00:51:14,150 --> 00:51:18,320
they would soon put in place
a formidable strategy and new laws
756
00:51:18,560 --> 00:51:19,920
that were even more implacable.
63344
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