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These are the user uploaded subtitles that are being translated: 1 00:00:00,400 --> 00:00:08,150 (SINISTER MUSIC PLAYS) (CHILDREN HEARD PLAYING FAINTLY) 2 00:00:09,000 --> 00:00:12,030 These German children are in their garden reenacting a war 3 00:00:12,030 --> 00:00:14,360 that they were far too young to have taken part in. 4 00:00:15,190 --> 00:00:19,150 They were born in 1900 and the First World War had planted 5 00:00:19,190 --> 00:00:22,190 in their hearts the bitter seed of grief and defeat. 6 00:00:24,200 --> 00:00:26,200 Some of them would later become the driving force 7 00:00:26,200 --> 00:00:27,360 of the Nazi party. 8 00:00:27,900 --> 00:00:30,400 And to impose their vision of a renewed Germany, 9 00:00:30,640 --> 00:00:33,280 they would attack the law and pervert its rules. 10 00:00:33,430 --> 00:00:36,150 (ENGLISH SPOKEN OVER GERMAN) 11 00:00:36,320 --> 00:00:39,790 "The law is a weapon that the Nazis turned to in order to take 12 00:00:39,830 --> 00:00:41,600 Germany and its society by storm." 13 00:00:43,040 --> 00:00:45,430 "A weapon for the self defense of the race. 14 00:00:45,680 --> 00:00:47,280 That was the law for the Nazis." 15 00:00:48,640 --> 00:00:51,190 "The individual disappeared as a subject of the law and was 16 00:00:51,240 --> 00:00:53,040 replaced by the community of the people." 17 00:01:07,070 --> 00:01:11,720 (ERUPTION OF CHEERS) 18 00:01:20,000 --> 00:01:22,720 There are thousands of sounds, images and documents. 19 00:01:23,510 --> 00:01:26,790 All the pieces of this puzzle must be assembled to see how law 20 00:01:26,830 --> 00:01:29,110 and justice became the weapons of a crime. 21 00:01:40,600 --> 00:01:43,680 At the heart of Hitler's courts, lawyers and magistrates would play 22 00:01:43,720 --> 00:01:47,640 their part in a pitiless war to bring to heel the judicial system. 23 00:01:50,190 --> 00:01:52,750 Some remarkable destinies shed light on this story. 24 00:01:55,640 --> 00:01:58,750 Lilo Kuznitzky, a committed young lawyer 25 00:01:58,790 --> 00:02:02,600 and pioneer in a profession which was until then reserved for men. 26 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. 28 00:02:11,040 --> 00:02:14,400 And Hans Litten, Barrister, Democrat. 29 00:02:22,000 --> 00:02:25,680 In 1931, one affair revealed to everyone that the law was 30 00:02:25,720 --> 00:02:27,430 a vital issue for the Nazis. 31 00:02:27,830 --> 00:02:31,040 (CLICKING OF FILM REEL) 32 00:02:32,430 --> 00:02:36,040 From the Beginning of the 1920s, Adolf Hitler's Nazi party was 33 00:02:36,070 --> 00:02:38,190 defying the courts and the institutions. 34 00:02:41,360 --> 00:02:44,790 In the streets, their militia, the Stormtroopers or the SA 35 00:02:45,240 --> 00:02:47,240 were beating up and murdering opponents 36 00:02:47,790 --> 00:02:49,110 and communists in particular. 37 00:02:49,190 --> 00:02:50,550 (STEADY MARCH DRUMMING) 38 00:02:50,680 --> 00:02:53,240 They openly defied the young Weimar Republic. 39 00:02:54,550 --> 00:02:57,000 Many of them were accused of acts of political violence 40 00:02:57,040 --> 00:02:58,110 and sent for trial. 41 00:02:59,240 --> 00:03:02,510 And over eight years the Nazi party were the object in almost 42 00:03:02,550 --> 00:03:03,790 2,000 court cases. 43 00:03:08,470 --> 00:03:13,110 But the trial that opened on 8 May 1931 stunned the whole of Germany. 44 00:03:13,240 --> 00:03:15,750 For this time Hitler himself was summoned. 45 00:03:17,360 --> 00:03:21,430 (CHEERS AND SHOUTING) 46 00:03:26,470 --> 00:03:28,150 The leader of the extreme right in court. 47 00:03:29,040 --> 00:03:33,040 Excitement gripped the streets of Berlin in the warm spring of 1931. 48 00:03:39,430 --> 00:03:42,190 The instigator of this earthquake was a young barrister, 49 00:03:42,240 --> 00:03:44,640 Hans Litten. 50 00:03:44,870 --> 00:03:48,320 He was 27 and familiar with cases against the Nazis. 51 00:03:51,280 --> 00:03:54,150 For this new trial he had decided to prove that Hitler was 52 00:03:54,190 --> 00:03:55,190 a threat to the system. 53 00:04:04,960 --> 00:04:08,400 Stormtroopers had fired at some communists in a Berlin dance hall. 54 00:04:08,550 --> 00:04:09,920 A run of the mill case. 55 00:04:14,400 --> 00:04:17,430 But this time Hans Litten was determined to make 56 00:04:17,470 --> 00:04:18,830 life difficult for Hitler. 57 00:04:21,640 --> 00:04:24,510 Eight months previously, Hitler had taken an oath before 58 00:04:24,550 --> 00:04:27,750 the Tribunal of the Reich in Leipzig and he had sworn 59 00:04:27,790 --> 00:04:30,750 to respect the law and never have recourse to violence. 60 00:04:33,960 --> 00:04:36,190 For Litten, it was a simple calculation, 61 00:04:37,070 --> 00:04:39,070 prove that Hitler, as head of the Party, 62 00:04:39,240 --> 00:04:42,360 was responsible for the atrocities committed by the SA. 63 00:04:43,320 --> 00:04:46,070 To everyone's astonishment, the young barrister issued 64 00:04:46,110 --> 00:04:48,920 a summons against Hitler and called him as a Witness. 65 00:04:49,430 --> 00:04:53,720 (INTRIGUING OMINOUS MUSIC PLAYS) 66 00:05:09,150 --> 00:05:10,600 In room 664. 67 00:05:11,000 --> 00:05:12,510 Hans Litten was ready. 68 00:05:13,320 --> 00:05:15,960 He held a document signed by Joseph Goebbels, 69 00:05:16,750 --> 00:05:19,070 head of propaganda and loyal to Hitler. 70 00:05:24,960 --> 00:05:28,960 (ENGLISH IS SPOKEN OVER JOACHIM) 71 00:05:29,070 --> 00:05:34,040 In this brochure, Nazi sozy Joseph Goebbels laid down 72 00:05:34,070 --> 00:05:36,720 guidelines for militants on how they should behave. 73 00:05:39,110 --> 00:05:44,000 It was written, "All we wish to do 74 00:05:44,640 --> 00:05:46,640 is free Germany, nothing more. 75 00:05:47,040 --> 00:05:49,920 If the people do not want to be freed, we do not care. 76 00:05:50,150 --> 00:05:52,070 We will do it without their consent." 77 00:05:56,400 --> 00:05:59,750 Further on, it says, "The will to be in power creates 78 00:05:59,790 --> 00:06:01,360 the means needed for that power." 79 00:06:02,830 --> 00:06:05,000 During the hearing, Hans Litten confronted 80 00:06:05,040 --> 00:06:06,190 Hitler with his statements. 81 00:06:07,960 --> 00:06:10,680 Hitler knew that he was cornered and it showed. 82 00:06:12,680 --> 00:06:16,280 He finally had to distance himself from Goebbels, declaring, 83 00:06:17,070 --> 00:06:19,720 that text has not been authorized by the Party. 84 00:06:21,550 --> 00:06:24,190 In the end, he was yelling and screaming in the chamber. 85 00:06:25,150 --> 00:06:28,190 What right did Litten have to dare ask him these questions? 86 00:06:29,150 --> 00:06:31,110 He shouted that the party respected the law 87 00:06:31,150 --> 00:06:32,600 and would always do so. 88 00:06:32,720 --> 00:06:34,870 (BANGING GAVEL) 89 00:06:35,000 --> 00:06:38,280 At 18.09, Hitler's court appearance ended. 90 00:06:39,550 --> 00:06:41,470 Would the question of perjury be raised? 91 00:06:42,110 --> 00:06:43,870 The verdict would come in 10 days. 92 00:06:46,190 --> 00:06:49,070 But Hitler's rage had caused a scandal and he had 93 00:06:49,110 --> 00:06:50,110 to be called to order. 94 00:06:51,550 --> 00:06:56,320 In Germany, law courts are also temples, and Hitler 95 00:06:56,360 --> 00:06:57,680 had just blasphemed. 96 00:07:03,280 --> 00:07:06,240 Germany held its breath as it awaited the verdict. 97 00:07:06,640 --> 00:07:09,360 And even more so did Lilo Kuznicki, 98 00:07:09,400 --> 00:07:11,360 the young democratic lawyer. 99 00:07:13,600 --> 00:07:15,750 She had followed the details of the trial 100 00:07:15,790 --> 00:07:17,040 with her journalist brother. 101 00:07:17,830 --> 00:07:21,600 Hans Litten was her friend at university and he was defending 102 00:07:21,640 --> 00:07:23,640 the democracy that she believed in. 103 00:07:27,960 --> 00:07:30,720 To learn more about Lilo, you have to go to the 104 00:07:30,750 --> 00:07:32,190 Jewish Museum in Berlin. 105 00:07:32,320 --> 00:07:35,470 (ECHOE OF CLANGING) 106 00:07:35,750 --> 00:07:39,280 That's where her file is kept, in the silence of the Archives, 107 00:07:40,360 --> 00:07:43,000 Row 2, Box 229. 108 00:07:47,240 --> 00:07:49,320 Lilo's real name was Elizabeth. 109 00:07:49,470 --> 00:07:52,000 She was the eldest daughter of Martin Kuznicki, 110 00:07:52,040 --> 00:07:55,720 a doctor of Polish origin who was Jewish on his mother's side, 111 00:07:56,510 --> 00:07:59,870 and Elisabeth Lilienkron, a Protestant from Denmark. 112 00:08:01,000 --> 00:08:03,640 (ENGLISH SPOKEN OVER NATHALIE) 113 00:08:03,720 --> 00:08:06,430 The family was certainly quite well known in Cologne. 114 00:08:06,750 --> 00:08:10,110 Lilo had grown up in an educated and cultivated family. 115 00:08:11,400 --> 00:08:13,750 After attending a Protestant school for girls, 116 00:08:13,790 --> 00:08:16,920 she took her baccalaureate, which was fairly unusual. 117 00:08:17,640 --> 00:08:19,550 She then decided to go on to university. 118 00:08:21,360 --> 00:08:24,000 (SWING MUSIC PLAYS) 119 00:08:25,150 --> 00:08:28,110 Like Hans Litten, Lilo belonged to the stratum 120 00:08:28,150 --> 00:08:31,320 of young people that Weimar had fostered by encouraging many 121 00:08:31,360 --> 00:08:34,320 of them to go to university so as to rebuild the elite 122 00:08:34,360 --> 00:08:35,870 decimated by the Great War. 123 00:08:38,830 --> 00:08:42,040 For Lilo, Weimar also meant women's right to vote 124 00:08:42,640 --> 00:08:45,510 and like many other young women, she was emancipated. 125 00:08:45,750 --> 00:08:49,510 Smoking sometimes wearing men's clothes, going out alone 126 00:08:49,680 --> 00:08:51,430 and making love as she wanted. 127 00:08:53,600 --> 00:08:56,150 Lilo was happy in this free and tolerant world. 128 00:08:56,470 --> 00:08:58,400 She wanted it, she defended it. 129 00:08:58,960 --> 00:09:00,640 That's why she wanted to be a lawyer. 130 00:09:03,750 --> 00:09:06,790 She didn't merely study, she also got a doctorate. 131 00:09:08,150 --> 00:09:12,070 And in 1927, she also obtained a first job at the regional 132 00:09:12,110 --> 00:09:14,680 tribunal in Cologne, convinced that at the heart 133 00:09:14,720 --> 00:09:17,360 of the democracy of the Weimar Republic she would 134 00:09:17,400 --> 00:09:18,870 be able to fight for justice. 135 00:09:19,150 --> 00:09:23,360 (SWING MUSIC CONTINUES) 136 00:09:23,600 --> 00:09:26,600 It was this democracy she loved so much that the Nazis 137 00:09:26,640 --> 00:09:27,640 were threatening. 138 00:09:28,240 --> 00:09:31,190 And she understood the risks that Hans Litten was running. 139 00:09:33,750 --> 00:09:36,640 From the start of the trial, he was pursued by the hatred 140 00:09:36,680 --> 00:09:39,750 of militant Nazis and was no longer safe in the street. 141 00:09:40,040 --> 00:09:43,750 (MUSIC STOPS) 142 00:09:49,360 --> 00:09:51,600 Hitler himself, while waiting to know what 143 00:09:51,640 --> 00:09:53,920 the political consequences of this affair would be, 144 00:09:54,150 --> 00:09:55,600 had to face ridicule. 145 00:09:59,470 --> 00:10:02,040 During his court appearance, a young photographer called 146 00:10:02,070 --> 00:10:04,190 Leo Rosenthal took this photo. 147 00:10:07,240 --> 00:10:09,640 Hastily taken, it is a little blurred, 148 00:10:09,790 --> 00:10:12,600 but it captures Hitler's panic as he faced Litten. 149 00:10:14,600 --> 00:10:17,720 He is stunned, dazed by the confrontation. 150 00:10:21,790 --> 00:10:24,040 The photo immortalizes his collapse. 151 00:10:26,430 --> 00:10:28,600 Hitler would never forget Hans Litten. 152 00:10:33,470 --> 00:10:37,000 Especially as the day after the trial, the democratic press was 153 00:10:37,040 --> 00:10:39,070 not slow to rub salt into the wound. 154 00:10:39,400 --> 00:10:41,640 The press recounted Hitler's agony, 155 00:10:41,680 --> 00:10:43,320 how for more than three hours, 156 00:10:43,400 --> 00:10:46,190 Litten inflicted on him a pitiless interrogation, 157 00:10:47,000 --> 00:10:50,190 how he put his finger on Hitler's contradictions one by one. 158 00:10:50,750 --> 00:10:53,320 How Hitler got himself in a tangle, was furious, 159 00:10:53,360 --> 00:10:54,680 lost his temper. 160 00:11:04,110 --> 00:11:07,000 And yet the verdict finally delivered by the tribunal 161 00:11:07,070 --> 00:11:08,190 was very lenient. 162 00:11:08,600 --> 00:11:11,920 The front pages of the newspapers announced only very mild 163 00:11:11,960 --> 00:11:14,360 punishments for the thugs of the SA. 164 00:11:14,400 --> 00:11:16,430 And for Hitler, no further action. 165 00:11:19,790 --> 00:11:23,040 The editorials considered it a political verdict that showed 166 00:11:23,070 --> 00:11:25,040 the benevolence of the conservative judges 167 00:11:25,070 --> 00:11:27,240 regarding the head of the Nazi party. 168 00:11:27,430 --> 00:11:31,870 (SOMBRE MUSIC PLAYS) 169 00:11:34,040 --> 00:11:36,870 Barely a few days after this resounding trial, 170 00:11:36,920 --> 00:11:38,920 quite a different event gripped the public. 171 00:11:42,680 --> 00:11:45,150 At the Ufa Palast cinema in Berlin, 172 00:11:45,190 --> 00:11:47,360 the filmmaker Fritz Lang's new film 173 00:11:47,400 --> 00:11:51,790 M the Cursed, often known simply as M, had its opening night. 174 00:11:59,790 --> 00:12:02,920 In this film, an elusive killer is terrorizing a town. 175 00:12:04,190 --> 00:12:08,040 As they discovered the plot, Berliner's got a strange feeling. 176 00:12:17,750 --> 00:12:20,430 (ENGLISH SPOKEN OVER GERMAN) 177 00:12:20,550 --> 00:12:24,640 Fritz Lang's M is basically a film that shows the Nazi counter 178 00:12:24,680 --> 00:12:28,240 society, the underworld, the mob, crooks. 179 00:12:28,400 --> 00:12:30,430 The criminals portrayed in the film 180 00:12:30,470 --> 00:12:34,000 are clearly a metaphor for the Nazi organization, 181 00:12:34,040 --> 00:12:37,190 which appears in the film as a criminal organization. 182 00:12:37,830 --> 00:12:41,920 It shows the incompetence, mismanagement or inefficiency 183 00:12:41,960 --> 00:12:43,280 of traditional institutions. 184 00:12:43,920 --> 00:12:45,550 And it's also clearly a film 185 00:12:45,600 --> 00:12:47,790 about the Nazi conception of the law, 186 00:12:47,830 --> 00:12:49,360 which is debated at the end. 187 00:12:53,510 --> 00:12:54,510 In the script. 188 00:12:54,720 --> 00:12:57,400 The underworld and the common people capture the killer 189 00:12:57,430 --> 00:12:59,190 and organize a secret trial. 190 00:13:02,070 --> 00:13:04,150 This kangaroo court challenged the system. 191 00:13:05,430 --> 00:13:09,360 It rejected official justice and imposed its own idea of law, 192 00:13:10,320 --> 00:13:12,720 exactly the way the Nazis did in real life. 193 00:13:16,870 --> 00:13:19,920 The film was an instant success and without doubt, 194 00:13:19,960 --> 00:13:22,720 Fritz Lang savored it, remembering that the original 195 00:13:22,750 --> 00:13:25,040 title was Killers in Our Midst. 196 00:13:29,600 --> 00:13:31,680 Even though M the Cursed is a piece of cinema, 197 00:13:31,920 --> 00:13:34,870 Fritz Lang's imagination was born of grim reality. 198 00:13:36,870 --> 00:13:40,790 In the autumn of 1931, a new affair burst onto the scene 199 00:13:41,360 --> 00:13:44,470 and once again the leader of the Nazi party was center stage. 200 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. 204 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. 206 00:14:05,190 --> 00:14:09,070 And after his law thesis, he joined the NSDAP, 207 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, 209 00:14:21,360 --> 00:14:23,680 he belonged to the radical and nationalist youth that was 210 00:14:23,720 --> 00:14:25,600 gradually taking over in the universities. 211 00:14:28,240 --> 00:14:31,360 Once his studies were completed, this young militant became 212 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. 215 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 217 00:14:47,680 --> 00:14:48,960 the 'Boxheim Papers'. 218 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. 221 00:15:11,510 --> 00:15:14,040 He could think of nothing worse for for this first meeting 222 00:15:14,070 --> 00:15:16,960 with Hitler, he knew he had to put his party in a very 223 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. 225 00:15:23,000 --> 00:15:25,720 And when he was finally face to face with the Fuhrer, 226 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) 228 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, 230 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, 236 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, 240 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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