All language subtitles for Judgment at Nuremberg 1961 1080p BluRay x264-OFT

(BAND PLAYING)

(BAND CONTINUES PLAYING)

(MEN SINGING IN GERMAN)

(CAR HORN HONKING)

I didn't know it was so bad.

Couple of incendiaries,

these old buildings go up like cellophane.

There's a wall that separates
the old section of Nuremberg from the new.

Goes back to...

How far does it go back, Schmidt?

1219, sir.

1219.

This is where the Nazi Party
held their rallies, isn't it?

They all came here.

Hitler. Goebbels. The whole crew.

Thousands of them, from all over Germany.

(HONKING)

Does he have to blow
that damn horn so much?

It's not necessary
to blow the horn so much, Schmidt.

You both know your duties?

(BOTH AGREEING)

Well, here we are.
A little bit of old Germany.

- Senator Burkette.
- Captain.

Captain Byers, this is Judge Haywood.

Byers here will be your aide.

My what?

Clerk. General guide. Liaison.

Any capacity you wish to use me in.

Oh.

This will be your staff, sir.
Mr. And Mrs. Halbestadt.

Hello.

Good afternoon.

Good afternoon, Your Honor.

Welcome.

BYERS: You've already met your driver,
Schmidt.

I am at your service, sir,
any time you need me. Day or night.

Thanks.

Let's show him around
the rest of the place. Dan?

We're in the, uh, reception room.

Living room. Study is in there.

There are two bedrooms
on this floor, three upstairs.

Furniture is part antique, part U.S. Army.

The piano's showing signs of wear and tear,

but it's a genuine Bechstein.

Quite a view, isn't it, sir?

Yes.

Uh, Senator, I really,
really don't need all this.

When the United States
government does something,

it does it right. You know that, Dan.

Who used to live here?

An important Nazi general and his wife, sir.

Well, let's see. Is there anything
else Judge Haywood ought to know?

Sir, are there any questions?

Yes. Yes.

You're West Point, aren't you, Captain?

Yes, sir.

What's your first name?

Harrison. Harry.

Well, Harry, look, I'm not West Point.

And all this formality
kind of gets me down a little,

not to say puts me ill at ease.

Uh... Uh, do you think it would be too
much an infraction of the rules

if you were to call me Judge,
or Dan, or something?

Okay, Judge.

We do all our shopping
at the army commissary.

There isn't enough food
at the local markets for the Germans.

The driver knows where the commissary is.

Here's a copy of the indictment of the case.

- I thought you might want to look it over.
- Oh, thanks.

I hope you'll be comfortable here, sir.

Captain, I think the whole state of Maine
would be comfortable here.

My office is next to yours at
the Palace of Justice if you need anything.

Thank you.

Senator?

Do you... Do you think
I really need the three servants?

It kind of makes me feel like a damn fool.

Well, it helps them out, as well as you.

You see, here they eat.

Oh.

Well, I need three servants.

It's good to have you here, Dan.

Good to have a man of your stature here.

Sure. Sure.

I was the only man
in America qualified for this job.

Senator, you know
I wasn't the first choice, nor even the 10th.

You know it, and I know it.

What do you mean?

Well, let's face it.

Hitler is gone, Goebbels is gone.

Goering is gone. Committed suicide
before they could hang him.

Now we're down
to the business of judging the doctors,

businessmen and judges.

Some people think
they shouldn't be judged at all.

So?

So it makes for a hell
of a lack of candidates for the job.

You had to beat the backwoods of Maine

to come up with a hick like me.

I hope you're not sorry you came.

No. I'm not sorry I came.

I just wanted you to know that
I know where the body is buried.

No, I think the trials should go on.

Especially the trials of the German judges.

I hope I'm up to it.

You're up to it.

Well, relax.

Thanks.

Enjoy this place while you can.

You're going to be a pretty busy fellow.

Well, thanks, Senator.
Thanks for everything.

See you tomorrow, Judge.

Right.

Shall we, uh, take these upstairs?

Oh, yes, yes. Thank you.

Here, I can take that...

No, let me take it. Please.

(CAR HORN HONKING)

(INDISTINCT CONVERSATIONS)

(INAUDIBLE)

MAN: Here they come.

(CONVERSATIONS STOP)

The tribunal is now in session.

God bless the United States
and this honorable tribunal.

The tribunal will now arraign
the defendants.

The microphone will be placed
in front of the defendant,

Emil Hahn.

Emil Hahn?

Are you represented
by counsel before this tribunal?

(SPEAKING GERMAN)

(SPEAKING GERMAN)

Not guilty.

The question was, are you represented

by counsel before this tribunal?

(SPEAKING GERMAN)

(SPEAKING GERMAN)

I am represented.

How do you plead
to the charges and specifications

in the indictment against you?
Guilty or not guilty?

(SPEAKING GERMAN)

Not guilty on all counts.

Friedrich Hoffstetter?

Are you represented
by counsel before this tribunal?

(SPEAKING GERMAN)

I am represented.

How do you plead?
Guilty or not guilty?

(SPEAKING GERMAN)

HAYWOOD: You may be seated.

Werner Lammpe?

Are you represented
by counsel before this tribunal?

Counsel?

(SPEAKING GERMAN)

Yes. Yes, of course.
I am represented.

How do you plead to the charges?
Guilty or not guilty?

(SPEAKING GERMAN)

You may be seated.

Ernst Janning?

Ernst Janning, are you
represented by counsel

before this tribunal?

Ernst Janning, are you represented
by counsel before this tribunal?

(SPEAKING GERMAN)

I represent the defendant, Your Honor.

How do you plead
to the charges and specifications set forth

in the indictment against you?

Guilty or not guilty?

(SPEAKING GERMAN)

Your Honor, may I address the court?

(SPEAKING GERMAN)

The defendant does not
recognize the authority of this tribunal

and wishes to lodge
a formal protest in lieu of pleading.

A plea of "not guilty" will be entered.

The prosecution will begin
its opening address.

Slow and easy, junior.

The case is unusual

in that the defendants
are charged with crimes

committed in the name of the law.

These men, together
with their deceased or fugitive colleagues,

are the embodiment
of what passed for justice

during the Third Reich.

The defendants served as judges
during the period of the Third Reich.

Therefore, you, Your Honors,
as judges on the bench,

will be sitting in judgment

of judges in the dock.

And this is as it should be.

For only a judge knows how much more
a court is than a courtroom.

It is a process and a spirit.

It is the house of law.

The defendants knew this, too.

They knew courtrooms well.

They sat in their black robes,

and they distorted, they perverted,

they destroyed justice and law in Germany.

Will the prosecution please watch the light?

The interpreter cannot follow you.

I'm sorry, Your Honor.

They distorted, they perverted,

they destroyed justice and law in Germany.

Now, this in itself
is undoubtedly a great crime.

But the prosecution
is not calling the defendants

to account for violating
constitutional guarantees

or withholding due process of law.

The prosecution is calling them to account

for murder,

brutalities,

torture,

atrocities.

They share with all
the leaders of the Third Reich

responsibility for the most malignant,
the most calculated,

the most devastating crimes
in the history of all mankind.

And they are perhaps more guilty

than some of the others.

For they had attained maturity

long before Hitler's rise to power.

Their minds weren't warped
at an early age by Nazi teachings.

They embraced the ideologies
of the Third Reich

as educated adults

when they, most of all,

should have valued justice.

Well, here they'll
receive the justice they denied others.

They'll be judged according to the
evidence presented in this courtroom.

The prosecution asks nothing more.

Herr Rolfe will make
the opening statement for the defense.

(SPEAKING GERMAN)

May it please the tribunal...

(CONTINUES SPEAKING GERMAN)

It is not only a great honor

but also a great challenge

for an advocate

to aid this tribunal in its task.

The entire civilized world

will follow closely what we do here.

For this is not an ordinary trial

by any means of the accepted,
parochial sense.

The avowed purpose of this tribunal...

Is broader than the visiting
of retribution on a few men.

It is dedicated to the reconsecration

of the temple of justice.

It is dedicated to finding a code of justice

the whole world will be responsible to.

How will this code be established?

It will be established

in a clear,

honest evaluation

of the responsibility for the crimes

in the indictment stated by the prosecution.

In the words of the great American
jurist, Oliver Wendell Holmes,

"This responsibility will not
be found only in documents

"that no one contests or denies.

"It will be found in considerations

"of a political or social nature.

"It will be found, most of all,

"in the character of men."

What is the character of Ernst Janning?

Let us examine his life for a moment.

He was born in 1885.

Received the degree
of Doctor of Law in 1907.

Became a judge in East Prussia in 1940.

Following World War I he became
one of the leaders of the Weimar Republic

and was one of the framers of
its democratic constitution.

In subsequent years
he achieved international fame

not only for his work as a great jurist,

but also as the author of legal text books

which are still used in universities
all over the world.

He became Minister of Justice
in Germany in 1935.

If Ernst Janning is to be found guilty,

certain implications must arise.

A judge does not make the laws.

He carries out the laws of his country.

The statement,

"My country, right or wrong"

was expressed by a great American patriot.

It is no less true for a German patriot.

Should Ernst Janning
have carried out the laws of his country?

Or should he have refused
to carry them out and become a traitor?

This is the crux of the issue
at the bottom of this trial.

The defense is as dedicated
to finding responsibility

as is the prosecution.

For it is
not only Ernst Janning who is on trial here,

it is the German people.

The tribunal will recess
until further notification.

(PEOPLE MURMURING)

Yeah.

If it's all right with you,

Byers can file these briefs later.

Hmm.

That was quite a damning speech
by Colonel Lawson, wasn't it?

I wonder if those men in the dock
can really be responsible

for the things he listed in the indictment.

Well, I've been here for two years,
and after you're here that long,

you find that responsibility
is not a cut-and-dried thing.

What are you fellows up to
over the weekend?

My wife and I are going to Liége.

There's nothing in Liége. I've been there.

My son was in the 101st.

He's buried
in the American cemetery outside Liége.

Oh, I'm sorry.

Oh, that's all right.
See you Monday, Dan.

Hmm.

Coming my way?

No, I'm going to stay here for a moment.

I'm waiting for some records from Byers.

Right.

Here are the reports you asked for, sir.

Oh, thank you.

Captain, do you think you can get me a copy

of the books Ernst Janning wrote?

There are quite a few of them.

I'd like all of them.

And also a copy of the Weimar Constitution.

Do you think you can get that for me?

- Yes, of course.
- Thank you.

How long have you been here, Captain?

Two years.

Two years? That's a long time.

Yes, sir.

Any friends?

Sure.

German friends?

Yes.

A girl?

Yes.

Her parents were Nazis, but
she was eight years old when they came in.

I didn't ask you that.

I know. But maybe you were thinking it.

It's natural to think about it.

I thought if anybody was
going to indoctrinate her,

-it might as well be me.
-(BOTH LAUGHING)

Will there be anything else?

No, no, I think I'll just
take a walk around town on my own.

Try the old section. Everyone stops
for a beer and a sausage there.

Thank you.

(TRAM BELL DINGING)

(PEOPLE CLAMORING)

(SPEAKING GERMAN)

(BELLS CHIMING)

(SPEAKING GERMAN)

Do you understand English?

Yes, a little.

What did she say?

She said, "Goodbye, grandpa."

(MEN SINGING IN GERMAN)

(HITLER SPEAKING GERMAN)

(PEOPLE CHEERING)

Are they treating you all right?

JANNING: Yes. They're treating me all right.

We still have some friends

who have contact
with the American authorities.

I can tell them
if they're not treating you all right.

They're treating me all right.

Dr. Janning,

we are both in an embarrassing position.

I know you didn't want me as your counsel.

I know you didn't want anyone.

But I must tell you something.

Will you listen to me?

Yes.

I intend to represent your case

with complete dignity.

There will be

no appeal to sentiment,

there will be no falling
at the mercy of the court.

The game

will be played according to their own rules.

We'll see whether they have the courage

to sit in judgment on a man like you.

The way I see it,

the most important elements in the case

are the sterilization decrees,

and the Feldenstein-Hoffman affair.

Dr. Janning, I must tell you something.

I admired you

since I was a boy in the university.

It was because I thought
I might be able to achieve

some of the things you have done

that saw me through the war.

You have been somebody to look up to,
for all of us.

Is that all, Herr Rolfe?

Yes.

Thank you.

(DOOR CLOSING)

Dr. Wieck, do you know the defendant,
Ernst Janning?

Yes, I know him.

LAWSON: Will you tell us in what capacity?

We served
in the Ministry of Justice together,

from 1929 till 1935.

Did you know him before that?

Yes.

He was a law student of mine.

- Did you know him well?
- Yes.

- Was he a protégé of yours?
- Yes.

Why?

He was always a man of great intelligence.

He was a man born
with the qualities of a great legal mind.

Dr. Weick, would you, uh,

would you tell us
from your own experience,

the position of the judge in Germany

prior to the advent of Adolf Hitler.

The position of the judge was
one of complete independence.

Mmm-hmm.

Now, would you describe the contrast,
if any,

after the coming to power
of National Socialism in 1933?

Judges became subject
to something outside of objective justice.

They became subject
to what was necessary

for the protection of the country.

Would you explain this, please?

The first consideration of the judge

became the punishment
of acts against the state,

rather than objective
consideration of the case.

And what other changes were there?

The right to appeal was eliminated.

The supreme court of the Reich
was replaced by

people's and special courts.

The concept of race
was made a legal concept for the first time.

And what was the result of this?

The result?

The result was to hand over
the administration of justice

into the hands of the dictatorship.

LAWSON: Now, Dr. Wieck...

Colonel Lawson,
I would like to ask a few questions.

Did the judiciary protest these
laws abridging their independence?

A few of them did.

Those who did resigned,
or were forced to resign.

Others...

Adapted themselves to the new situation.

Do you think the judiciary was aware
of the consequences to come?

At first, perhaps not.

Later it became
clear to anyone who had eyes and ears.

Thank you.

Now, would you please describe for us

the changes in criminal law?

It was characterized by

an ever-increasing inflation
of the death penalty.

Sentences were passed against defendants

just because they were Poles, or Jews,

or politically undesirable.

Novel National Socialist measures
were introduced.

Among them,

sexual sterilization for those
who were categorized as asocial.

Did it become necessary for judges

to wear any distinctive mark
on their robes in 1935?

The so-called Fuehrer's decree

required judges to wear the insignia

of the swastika on their robes.

Did you wear such an insignia?

No.

I would have been ashamed to wear it.

Did you resign in 1935?

Yes, sir.

Did Ernst Janning wear
a swastika on his robe?

WIECK: Yes.

LAWSON: That's all. Thank you.

Herr Rolfe.

(SPEAKING GERMAN)

You used the phrase,
"What was necessary

"for the protection of the country."

Will you explain for the tribunal
the conditions in Germany

at the time National Socialism
came to power?

What conditions?

Would you say
there was widespread hunger?

Yes.

Would you say there was internal disunity?

Yes.

Was there a Communist Party?

Yes.

Was it the third largest party in Germany?

Hmm, yes.

Would you say

that National Socialism
helped to cure some of these conditions?

Yes, but at a terrible price and I...

Please confine yourself
to answering the questions only.

Therefore, was it not possible

that a judge might wear a swastika

and yet work for what he
thought was best for his country?

No. It was not possible.

Dr. Wieck,

you were not in the administration

from the years 1935 to 1943

by your own admission.

Is it not possible
that your view of the administration

might be distorted?

No. It is not.

How... How can you testify about
what was going on in the administration

if you were not there?

I had many friends
in the legal administration.

There were journals and books.

From journals and books?

I see.

Dr. Wieck, you referred to,

"Novel National Socialist
measures introduced,

"among them sexual sterilization."

Are you aware that sexual sterilization

was not invented by National Socialism,

but had been advanced
for years before as a weapon

in dealing with the mentally
incompetent and the criminal?

WIECK: Yes. I am aware of that.

Are you aware that it has advocates

among leading citizens
in many other countries?

I am not an expert on such laws.

Then permit me to read one to you.

This is a high court opinion

upholding such laws in existence
in another country.

And I quote,

"We have seen more than once
that the public welfare

"may call upon
the best citizens for their lives.

"It would be strange indeed,
if it could not call upon those

"who already sapped the strength
of the state for these lesser sacrifices

"in order to prevent
our being swamped by incompetence.

"It is better for all the world

"if, instead of waiting
to execute degenerate offsprings for crime

"or to let them starve for their imbecility,

"society can prevent their propagation

"by medical means in the first place.

"Three generations of imbeciles
are enough."

Do you recognize it now, Dr. Wieck?

No, sir, I don't.

Actually, there is
no particular reason you should,

since the opinion upholds
the sterilization law

in the state of Virginia, of the United States,

and was written and delivered
by that great American jurist,

Supreme Court Justice,
Oliver Wendell Holmes.

Now, Dr. Wieck.

In view of what you have just learned,

can you still say that sexual sterilization

was a novel National Socialist measure?

Yes, I can say it.

Because it was never before used

as a weapon against political opponents.

Do you personally know of a case

where someone was sterilized
for political reasons?

WIECK: I know that such things were done.

That's not the question.

Please answer the question.

Do you know of a case?

I don't know of any specific case,
or specific date...

I am asking you if you have any firsthand,

personal knowledge of such a case!

No, I have no such personal knowledge.

Thank you.

Dr. Wieck,

you are aware

of the charges
in the indictment against Ernst Janning?

Yes, I am.

Can you honestly say
he is responsible for them?

Yes, I can.

Do you consider yourself
free of responsibility?

Yes, I do.

Dr. Wieck,

did you ever swear
to the Civil Servant Loyalty Oath of 1934?

Your Honor, I object.

The witness doesn't have
to answer that question.

He's not on trial.

All Germany is on trial, Your Honor.

This tribunal placed it on trial
when it placed Ernst Janning on trial.

If responsibility is to be found,

the widest latitude is to be permitted.

Objection overruled.

Did you ever swear
to the Civil Servant Loyalty Oath of 1934?

Everyone did.

ROLFE: We are not interested
in what everyone did.

We are interested in what you did.

Would you read the oath
from the Reich Law Gazette, March, 1933?

"I swear that I shall be obedient

"to the leader of the German Reich
and people, Adolf Hitler.

"That I shall be loyal to him,
that I will observe the laws,

"and that
I will conscientiously fulfill my duties,

"so help me God."

Everyone swore to it.

It was mandatory.

Yes.

But you're such
a perceptive man, Dr. Wieck.

You could see what was coming.

You could see that National Socialism

was leading Germany to disaster.

"It was clear to anyone
who had eyes and ears."

Didn't you realize

what it would have meant
if you, and men like you,

would have refused to swear to the oath?

It would have meant

that Hitler could never
have come to absolute power.

Why didn't you?

Dr. Wieck, why didn't you?

Can you give us an explanation?

Has it something to do with your pension?

Did your pension mean more to you
than your country?

Your Honor, Your Honor!

I object to the entire line of questioning,

and ask that it be stricken from the record.

I thought prosecuting counsel

was dedicated to finding responsibility.

Your Honor, I made an objection.

Prosecution is not interested
in finding responsibility?

There is responsibility for more here

than swearing to a loyalty oath
and you know it.

- There is indeed.
- Order.

LAWSON:
One thing that even the German machine,

with its monumental efficiency

has been unable to destroy...

Order. Order!

All the victims.

More victims than the world
has ever known.

They will walk into this courtroom...

Order! Order!

This tribunal will admonish both counsel.

It will tolerate nothing of this kind again.

We're not here to listen to outbursts
of this kind, but to serve justice.

Your Honor, I made an objection.

The objection is overruled.

The witness is excused.

Did you ever read any books by Janning?

No, I don't think so.

The Meaning of the Law.

How is it? Interesting?

All the books by Janning are interesting.
They're more than that.

They're a picture of an era,
its hopes, its aspirations.

They weren't very different
from ours, really.

Listen to this, on the signing
of the Weimar Constitution,

"Now we can look forward
to a Germany without guns and bloodshed,

"a Germany of justice,
where men can live instead of die,

"a Germany of purpose,
of freedom, of humanity,

"a Germany that calls for the best in man."

Now, how could a man
who wrote words like these

be part of sterilizations and murders?

How could he be?

Dan, there are a lot of things
that happened here

that nobody understands.

I know.

But the prosecution is going to have to
prove every inch of its allegation

against a man like Janning
if I'm to pronounce sentence on him.

Well, gentlemen, I'm on my way.
Coming, Ken?

Right.

Well, there's just this business

on the curtailment of rights.

Tomorrow.

Dan, my wife is planning
a little get-together

tomorrow night at the grand hotel.
She wants you to come.

I thank you.

And she'd like to provide you

with some kind of female companionship.

(LAUGHS)

She has a feeling
that you might be lonely here.

Oh, no. No, thanks, Curtiss.
Thanks very much.

You know how these wives are.
They love to play cupid.

Yeah, well, I think I'll keep it stag.

All right. How about you, Ken?

Thanks. My wife and I
have an engagement. Good night.

Good night. Good night.

- Good night, Dan.
- Good night.

(DOOR CLOSING)

Mrs. Halbestadt, could I...

Hello.

Hello.

Your Honor, this is Madame Bertholt.

This is his Honor, Judge Haywood.

MRS. HALBESTADT:
Madame Bertholt, this is her house.

Uh, she came to get
some of her belongings from the basement.

I didn't know she was coming here tonight.

This is my responsibility, Mrs. Halbestadt.

I've been storing some of my things here

until I could get a room
large enough to keep them in.

I hope you don't mind.

No. No. Not at all.

You can examine
what I have here, if you like.

Of course not.

Then I'll just take these out.

- Thanks, Mrs. Halbestadt.
- Here. Let me help you.

No, no, no. I can manage all right.

I'll take these outside. Please.

Good night.

(SPEAKS GERMAN)

It's heavy. It's full of books and pictures

things that mean nothing
to anyone but me.

Mr. Schmidt?

Your Honor.

Would you drive
Mrs. Bertholt home, please?

Yes, Your Honor.

I hope you're comfortable here.

Yes, I am. Very.

My favorite spot was always the garden.

Remind Mr. Halbestadt
to take good care of the rock garden.

You'll get a great deal
of pleasure out of it in summer.

I'll sit in front, thank you.

Good night.

Good night.

Karolinenstrasse 115, please.

Yes, madam.

(ENGINE STARTING)

(WHISPERING IN GERMAN)

Sit down. Sit down.

Uh, Mrs. Halbestadt,

you worked for Mrs. Bertholt, didn't you?

Yes, Your Honor.

How long did she live here?

Madame Bertholt?

Oh, Madame Bertholt
and her family have lived here

for many generations, Your Honor.

Thank you.

MRS. HALBESTADT: Your Honor,
you came in here for something?

Oh, oh, yeah.

Well, I was just going
to make myself a sandwich.

Oh, we will make it for you.

We will make you anything you want.

No. No, it's nothing.

I always used to do it for myself back home.

What would you like?

I have some ham
and cheese and liverwurst.

Cheese will be fine.

That's very kind of you.

Mr. Halbestadt,

what was it like,
uh, living under National Socialism?

What was it like?

Yes. I mean, uh... Uh, day to day?

You know, I know
many people at home like you.

You're good people. I believe that.

Uh,

what was it like for you, living under Hitler?

Uh, we were not political.

Mr. Halbestadt and I are not political.

(SPEAKING GERMAN)

(SPEAKS GERMAN)

No, but, uh,

you must have been aware
of some of the events that were going on.

Many things were going on, Mr. Halbestadt.

There were parades.

Hitler and Goebbels came here every year.

What was it like?

We... We never attended meetings. Never.

(CHUCKLES)

I'm not trying to put you on trial.

I'm just, uh... I'm just curious.
I'd like to know.

Here's your sandwich, Your Honor.

Thank you.

You're welcome.

Thank you.

(SIGHING)

For instance, there was
a place called Dachau

which was not too many miles from here.

Did you ever know
what was going on there?

We knew nothing about it.
Nothing about it.

How... How can you ask if...
If we knew anything about that?

I'm sorry.

Your Honor, we are only little people.

We lost a son in the army

and our daughter in the bombing.

During the war we almost starved.

It was terrible for us.

I'm sure it was.

Hitler... Hitler did some good things.

I won't say he didn't do some good things.

He built the Autobahn.

He gave more people work.

We won't say he didn't do
some good things.

But the... The other things,

the things they say
he did to the Jews and the rest,

we knew nothing about that.

Very few Germans did.

And if we did know,

what could we do?

But Mrs. Halbestadt said you didn't know.

(CLEARS THROAT)

Mrs. Bertholt. How did...
How did, uh, she react to all this?

Oh, Madame Bertholt
is a very fine woman, Your Honor.

I'm sure she is.
What about her husband?

He was in the army.

What happened to him?

He was one of the defendants
in the Malmedy case.

General Bertholt. Karl Bertholt.

He was executed, Your Honor.

Yes, I know that.

LAWSON:
The document then states that

the photographer, Rudolf Lenz,

is requested to present himself
within two weeks

at one the hospitals mentioned below

for medical treatment.

Next, prosecution presents
affidavit document No. 488

which concerns the seamstress,
Anni Meunch.

Document reads as follows,

"District Court, Frankfurt am Main,
has decided the following,

"the seamstress, Anni Meunch, daughter of
Wilhelm Meunch is to be sterilized.

"She is therefore requested
to present herself within two weeks

"at one of the hospitals mentioned below.

"If she does not
take herself voluntarily,

"she will be taken by force."

Next, document no. 449,

interrogatories in the German
and English text

concerning the farmer's helper,
Meyer Eichinger.

Your Honor,

defense objects

to introduction of these
repetitive documents.

According to the ruling of the first tribunal,

such documents are not even admissible

unless supported by independent
evidence of their authenticity.

Objection sustained.

Your Honor, uh,
may I ask the defense a question?

HAYWOOD: Yes.

Would evidence on sterilization

be admissible if there were a witness?

Yes.

Thank you.

Prosecution calls the witness,
Rudolph Petersen.

Will you raise your right hand?

I swear by God,
the Almighty and Omniscient,

that I will speak the pure truth

and withhold and add nothing.

Yes, I do.

Will you please tell the court your full
name and place of residence?

Rudolph Petersen.

Frankfurt am Main, Gratweg Nummer 7.

LAWSON:
When were you born, Mr. Petersen?

May 20, 1914.

And, uh, what is your occupation?

Baker's helper. I'm a baker's helper.

Are your parents living?

No.

Oh, what were the causes of their deaths?

Mr. Petersen, did they...
Did they die of natural causes?

Yeah, yeah, yeah, natural.

Mr. Petersen,

what political party
did your father belong to?

Communist. The Communist Party.

Uh-huh.

Now...

Now think back.

Do you remember anything unusual

that happened to you
and your family in 1933,

before the Nazis came to power?

I mean, uh, anything of a violent nature.

Yeah. Yeah.

How old were you at the time?

19.

Would you please
tell the court what happened?

Uh, some...

Some S.A. men
broke into the house, our house,

and they broke the windows and the door,

and they called us traitors,

and they tried to... To beat up my father.

LAWSON: And what happened then?

Well, my brothers and I,
we went to help him.

And there was a fight,

and finally we got them
outside in the street

and we beat them up,

and turned them over to the police.

Did the police do anything about it?

- No.
- Why not?

It was then,

at the time of the...
Of the national elections.

LAWSON: Oh, you mean the time
the National Socialists

came to power?

Yeah.

Now, Mr. Petersen,

what happened after 1933,

after the Nazis came to power?

(SIGHING) I got a job on a farm,

but for the work,
to drive a truck, it was necessary.

I went to the city building
to apply for a license.

And what happened there?

They took me to an official.

Did you ever have
any dealings with this, uh, official before?

He was one of the men

who broke into our house that night.

What did he say to your application?

He said an examination
there would have to be.

Where was the examination to take place?

In the District Court of Stuttgart.

Who was the presiding justice in the court?

Justice Hoffstetter.

Now, what happened in the courtroom?

Uh, they asked me my...
My full name and...

And so forth.

What else did they ask you?

They asked me when Adolf Hitler
and Dr. Goebbels were born.

What did you reply?

I told them I didn't know,
and also that I didn't care.

(PEOPLE LAUGHING)

Did they, uh,
did they ask you any more questions?

No. They told me that I would be
hearing from them in 10 days.

I see. Now, Mr. Petersen,

I'd like you to look at something.

Do you recognize it?

Yeah.

Would you please read it for the tribunal?

"District Court of Stuttgart.

"The baker, Rudolph Petersen,
born May 20, 1914,

"son of railway employee, Hans Petersen,

"is to be sterilized."

LAWSON:
Now would you read the last paragraph?

"It is therefore requested

"he present himself within two weeks

"to one of the hospitals mentioned below.

"If he does not

"betake himself voluntarily,

"he will be taken by force."

Now, please read the signature
at the bottom.

"Presiding Justice Hoffstetter."

Would you read
what is written below the signature?

Below?

LAWSON: Below.

"By authority of

"Ernst Janning,

"Minister of Justice."

Your Honor,

may the defense see the file
of Mr. Petersen?

What did you do
after you received the letter, Mr. Petersen?

I ran away.
I stayed at the farm of a friend I have.

And, uh, did you return?

Did I what?

Did you return?

Yes.

And what happened then?

The police came.

The police came.

Where did they take you?

To the hospital.

Uh, Mr. Petersen, excuse me.

I wonder if you could
speak a little louder, please.

To the hospital.

And what happened at the hospital?

They kept me there.

The, uh, the nurse who was...

Well, she came in, anyway.

She was to prepare me for the operation.

And she said she thought
the whole thing was terrible.

And then the doctor came in
who was supposed to do the...

And he said he thought it was awful.

Were you, in fact, sterilized?

LAWSON:
Thank you very much, Mr. Petersen.

That's all.

HAYWOOD: Herr Rolfe?

Mr. Petersen,

(CLEARING THROAT)

You may take your earphones off now,
if you want to.

Mr. Petersen,

you say you work as a baker's helper?
Is that correct?

Yes, that is right.

What other occupations have you held?

I have worked for my father.

What did your father do?

He was a railroad worker.

Yes, but, uh, what did he do?

Oh, he would raise and lower the barrier

at the crossing, for traffic.

And you spoke about your brothers.

How many brothers do you have?

Five.

And sisters?

Four.

Then you are a family of 10?

Yes.

What occupations do your brothers have?

Laborers.

All laborers?

I see.

Mr. Petersen,

you said the court at Stuttgart
asked you two questions,

the birth dates of Hitler and Dr. Goebbels.

Is that correct?

Yes, correct.

What else did they ask you?

Uh,

nothing else.

Are you sure?

Are you sure there were no questions
about your schooling?

LAWSON: Objection!

The witness has already
answered that question.

Objection sustained.

May I ask you,

Mr. Petersen,

may I ask you

how long did you attend school?

Six years.

Six years? Why not longer?

(EXHALING)

I had to go to work.

Would you consider yourself
a very bright fellow at school?

School? It was a...

It was a long while ago. I don't...

Perhaps you were not able
to keep up with the others

and that's why you did not continue?

Objection, Your Honor.

The witness' school record has nothing to
do with what happened to him.

It was the task of the health court

to sterilize the mentally incompetent.

Objection overruled.

Were you able, or were you not able

to keep up with the others?

I would like to refer to the efficiency report

made at the school about Mr. Petersen.

He failed to be promoted, and was placed in
a class of backward children.

You say your parents died
of natural causes.

Yes.

Would you describe in detail
the illness your mother died of?

She died of her heart.

In the last stages of her illness,

did your mother show
any mental peculiarities?

Uh, me...

No. No.

In the decision
that came down from Stuttgart,

it is stated that your mother suffered

from hereditary feeble-mindedness.

That is not...

That is not true!
Not true! Not true!

Can you give us
some clarification as to how

the hereditary health court in Stuttgart

arrived at that decision?

It was just something they said

to put me on the operating table.

It was just something they said?

Yes!

Mr. Petersen, there was a simple test

that the health court used to ask
in all cases of mental incompetence.

Since you say they did not ask you then,

perhaps you can answer it for us now.

Form a sentence out of the words

"hare," "hunter," "field."

Your Honor, objection.

Mr. Petersen,

was the court in Stuttgart
constituted like this one?

I don't understand what...

Was there an audience?

An audience? Yes, yes.

Thank you.

Objection overruled.

"Hare," "hunter," "field."

Mr. Petersen,

take your time.

"Hare," "hunter," "field."

(GRUNTS)

(CLEARING THROAT)

"Hare," "hunter."

They had already made up...

When I walked into the court,
they had made up their minds.

They had made up their minds!

They put me in the hospital, like a criminal.

I could not say anything.
I could not do anything. I...

I had to lay there.

My... My mother,

what you say about her...

She was a woman,
a servant woman who worked hard.

She was a hardworking woman,

and it is not fair, not fair what you say.

Ah, here.

I want to show you.
I have here her... Her picture.

I would like you to look at it.

I would like you to judge.

I want that you tell me

was she feeble-minded?

My mother!

Was she feeble-minded?

Was she?

I feel it is my duty
to point out to the tribunal

that the witness
is not in control of his mental processes.

I know I am not. Since that day.

I've been half I've ever been.

The tribunal does not know
how you were before.

It can never know.

It has only your word.

(POUNDING GAVEL)

Court is adjourned.

(PEOPLE MURMURING)

That's one problem we have
with the prosecution.

It's filled with young radicals like Lawson.

Is that what Lawson is? A young radical?

Well, he was a personal protégé of F.D.R.

Well, F.D.R. had a few friends

who weren't radicals, didn't he?

Name one.

Well, Wendell Wilkie.

Wilkie.

Is he your idea of a conservative?

As a matter of fact, Dan,

I've been wondering how you stand.

Well, I'll clarify that for you, Curtiss.

I'm a rock-ribbed Republican

who thought
that Franklin Roosevelt was a great man.

(PEOPLE CLAPPING)

Oh, one of those?

(LAUGHING)

Max!

Max Perkins. You know him?

No, I don't think so.

He's with the United Press.

Max, what are you doing here?

I thought you might
kick up a row or something.

I haven't had that much to drink.

Oh, I'm sorry, this is Judge Ives.

- Hello.
- Mrs. Ives.

- How do you do?
- How do you do?

MAX: Judge Haywood, Mrs. Bertholt.

We have met.

Yes, we have.

IVES: Won't you join us for a drink?

We would like to very much.

IVES: Max, will you sit here?
MAX: Thank you.

Incidentally, Max, I admired your article
on Mrs. Bertholt very much.

It was straight reporting. Her defense
of her husband was quite eloquent.

IVES: Are you going to do a story
on these trials?

I'll tell you something frankly, Judge.

At the moment, I couldn't give a story
away on the Nuremberg trials.

What do you mean, Mr. Perkins?

The American public
just isn't interested anymore.

But the war's only been over two years,
Mr. Perkins.

That's right.

May I take your order, please?

Yes. See what the ladies will have.

How about some more beer, Dan?

No, no, no.
I think I've had my fill of beer.

I'd like to try something else, if I may.

Why don't you try some Sonnenberg,

or Schwalbenwinkel?
It's the local wine.

Sonnenberg or...

Schwalbenwinkel.

Yes, I think I'd like that.

Some Schweissenwinkel.

Will you have some?

Yes, thank you. I'll have the same.

Should we stay with the beer, Max?

Fine.

Thank you, thank you.

You got home all right the other night?

Oh, yes, thank you.

I don't know
what I would have done without the car.

You speak, uh, English very well,
Mrs. Bertholt.

Thank you.

My husband and I
spent three years in America.

I hope you had a chance
to see something of Nuremberg.

Well.

Well, I'm afraid mainly the...

The road between my house
and the Palace of Justice.

Uh, and then some places
that have to do with the case,

the historical aspects.

The Nazi aspects.

You should see some
of the other parts of Nuremberg.

There are many beautiful things to see
in the old part of town.

Museums we're trying to rebuild.

And there's a concert, a piano concert,

next week at the old opera house.

Arthur Reiss.

He was a refugee from Hitler
in the early days.

We've persuaded him to come back.

It ought to be quite an evening.

Would you like to come?

Yes, I would.

I'll tell them to leave a ticket for you
at the box office.

I'm on the committee.

Thank you very much, Mrs. Bertholt.

Oh, it's nothing.

You see, I have a mission
with the Americans,

as Mr. Perkins can tell you.

Oh, what is that?

To convince you that we're not all monsters.

- Good evening, Colonel.
- Good evening.

Colonel. Major Radnitz.

Good evening, Mrs. Bertholt.

I hope you'll excuse me.

But you've just come, Mrs...

No, I must go. Please excuse me.

It was awfully nice meeting you.

If you really want to hear the concert,

there'll be a ticket for you at the box office.

- Thank you.
- Good night.

Good night.

Good night.

Good night, Mrs. Bertholt. Max.

(LAUGHS)

Mrs. Bertholt doesn't hold
a burning passion for me.

I prosecuted her husband.

There are many people
who think a death sentence

would not have been passed
against General Bertholt today.

Oh, I'm sure there are.

I'm... I'm sure there are
people who think

all the prisoners in Nuremberg
should be free today.

All of them. Let... Let...

Excuse me.

I've had, uh...

I've had one or two too many

as might be painfully obvious
to you gentlemen.

The spectacle this afternoon

with Mr. Petersen put me off my feed.
I'm sorry.

Three beers and Schwalbenwinkel, please.

(SPEAKS GERMAN)

Schwalbenwinkel.

Schwalbenwinkel.

Yeah, it's good beer.

They make it good in this country.

Mmm.

You know...

You know, there's, uh,
there's one thing about Americans.

We're not cut out to be occupiers.

We're new at it.
We're not very good at it.

We... We... We come over here,
and what do we see?

We see this beautiful country.

It is beautiful.
It's very beautiful.

We see the culture
that goes back for hundreds of years.

We see its gemutlich charm,

and the charm of people like,
uh, Mrs. Bertholt.

We... We've got a built-in
inferiority complex.

We forgive and forget easy.

We give the other guy
the benefit of the doubt.

That's the American way.

(LAUGHING)

We beat the greatest war machine

since Alexander the Great.

And now the boy scouts take over.

The trouble with you, Colonel,

is you'd like to indict the whole country.

Now that might be
emotionally satisfying to you,

but it wouldn't be exactly practical,
and hardly fair.

Hardly fair?

"Hare."

"Hunter."

"Field."

That's right, let's be fair.

"The hare was shot
by the hunter in the field."

It's really quite simple.

Uh,

Colonel, I think we ought to be going.

Yes, we really shouldn't be discussing this.

Oh, no, no, Judge.

We're fair Americans, and true-blue.

We mustn't do anything that's out of order.

No, sir. We can't do anything
that's out of order.

There are no Nazis in Germany.

Didn't you know that, Judge?

The Eskimos invaded Germany
and took over.

That's how all those
terrible things happened.

It wasn't the fault of the Germans.

It was the fault of those damn Eskimos.

Excuse me. Excuse me.

Good night, Colonel.

Good night.

Can I have your attention, please?

I'm sorry to interrupt your dancing.

The following officers
are requested to report to their units.

Major McCarthy, Major Citron,
Major Cantor, Captain Byers,

Captain Connell,
Captain Douglas, Captain Wolfe,

Major Booth, and Major Rice.

Thank you. You can continue dancing.

(BAND STARTS PLAYING)

Harry, what is it?

The Russians have made their move
in Czechoslovakia.

It's rumored Masaryk committed suicide.

We're sending some units up there.

IVES: What do you think's gonna happen?

I don't know.

Uh, Judge Haywood,

Elsa Scheffler.

(SPEAKS GERMAN)

(SPEAKS GERMAN)

"President Truman
responded to the crisis

"by calling for an extension
of military training.

"He stated that he is deeply concerned

"with the survival of the Western nations

"in face of the threat from the east."

"Threat from the east." (SCOFFS)

Herr Janning, did you hear this?

Herr Janning, did you hear
what's in the paper?

Exactly what Hitler said.

"The clash for survival
between east and west."

He knew, he knew!

They'll see that we knew
exactly what we were doing all the time.

They cannot call us criminals,

and at the same time ask us to help them.

We must stand together now.

The most crucial part of this case
is coming up.

We have fallen on happy times, Herr Hahn.

In the old times
it would have made your day

if I'd deigned to say good morning to you.

Now that we are here
in this place together,

you feel obliged to tell me
what to do with my life.

Herr Janning, you must stand with us.

It is not good for Germans
to turn on one another.

We have a common ground now.

Listen to me, Herr Hahn.

There have been terrible things

that have happened to me in my life.

But the worst thing that has ever happened

is to find myself
in the company of men like you.

I have nothing in common
with you and party hacks like you.

You have something in common.

You were part of that same regime.

You stood by that regime,
the same as the rest of us.

And there's something else
you have in common.

You are a German.

(PIANO PLAYING)

(INDISTINCT CONVERSATIONS)

Good evening. Did you like it?

Oh, yes, I did, I did. Very much indeed.

Can I drop you?

I only live a few blocks from here.

I was going to walk.

Would you like to go for a walk?

Yes, yes, I would.

I won't need the car now.
I'll walk with Mrs. Bertholt.

You want me to wait for you, Your Honor?

No, no, that won't be necessary.

I'll wait for you, Your Honor.

(MEN SINGING IN GERMAN)

The German people love to sing,
no matter what the situation.

I've noticed that.

Do American people sing in bars, too?

I have forgotten.

No. We're apt to be pretty sullen in bars.

(SINGING IN GERMAN)

I wish you understood German.

The words are very beautiful.

Very sad.

Much sadder than the... The English words.

The German soldier knows
he's going to lose his girl

and his life.

The lantern burns every night.

It knows the steps

and the way you walk.

It burns every night,
but I've been long forgotten.

Should harm come to me...

Who will stand with you

under the lantern?

With you, Lili Marleen.

What is your life like in America?

Do you have a family?

Yes, I have a daughter,
and she has four children.

Four? You must be very proud of them.

Yes, I am. I admit it.

And where's your wife?

She died a few years ago.

Cigarettes?

How about you?
Do you have children?

No, I don't.

What is your position in America?

It must be important.

No, it isn't, really.
I'm a District Court judge.

I haven't even been that for the last year.

Are you retired?

Forcibly, by the electorate.

You elect judges in the United States?

Yes, in some states.

I didn't know that.

Well, it's either one of the virtues

or one of the defects
of our judiciary system.

I thought it was
one of the virtues until last year,

when I was defeated.

I'm sure it was the fault
of the electorate, not yours.

Seems to be some difference
of opinion about that.

This is where I live.

Here?

Yes. It's not so bad inside.

Would you like to come up?

I could make some coffee.

Yes, thank you.

Things haven't been
very easy for you, have they?

I'm not used to them being easy.

I'm not fragile, Judge Haywood.

I'm a daughter of the military.

You know what that means, don't you?

No, I'm afraid I don't.

It means I was taught discipline.

A very special kind of discipline.

For instance, when I was a child,

we used to go for long rides
into the country in summertime.

But I was never allowed to run

to the lemonade stand with the others.

I was told, "Control your thirst.

"Control hunger.

"Control emotion."

It has served me well.

And your husband?

Was he of that heritage, too?

My husband was a soldier.

He was brought up to do one thing,

to fight in the battle, and fight well.

Is the coffee all right?

Fine, thank you.

It's ersatz, but I always try
to make it strong.

It's fine.

I'm curious.

What do you think of Ernst Janning?

Mrs. Bertholt, I...

I really am not at liberty to discuss the case
outside of the courtroom.

Oh, yes, of course.

I knew Ernst Janning a little.

We used to attend the same concerts.

I remember there was a reception given

for Wagner's daughter-in-law.

Hitler was there.

Ernst Janning was there with his wife.

She was very beautiful,

very small, very delicate.

She's dead now.

Hitler was quite taken with her.

He made advances towards her
during the reception.

He used to do things like that
in a burst of emotion.

I will never forget the way
Ernst Janning cut him down.

I don't think anybody
ever did it to him quite that way.

He said, "Chancellor,

"I do not object so much
that you are so ill-mannered.

"I do not object to that so much.

"I object that you are such a bourgeois."

Hitler whitened,
stared at Janning, and walked out.

Is the coffee really all right?

Fine, thank you.

Men, like Janning,

my husband and I,

we hated Hitler. I want you to know that.

And he hated us.

He hated my husband
because he was a real war hero,

and the little corporal
couldn't tolerate that.

And he hated him because
he married into nobility

which was my family.

Hitler was in awe of the nobility,

but he hated it.

That's why it's so ironic, what happened.

You know what happened
to my husband, don't you?

Yes.

What did he know of the crimes
they cited him for?

He was placed on trial
with the other military leaders.

It was part of their revenge.

The victors always take on the vanquished.

It was political murder.

You can see that, can't you?

Mrs. Bertholt, I don't know what I see.

I probably shouldn't be here

talking with you about this at all.

But I want to understand.

I do want to understand.

I have to.

Would you like some more coffee?

Yes, thank you.

Hi.

Hi.

(SIGHING)

We found Irene Hoffman.

Where?

Berlin.

Berlin, huh?

She got married. Her name is Wallner now.

That's why we had difficulty locating her.

When is she coming?

She's not coming.

What do you mean, she's not coming?

She doesn't want to come.

You know what it's like.

None of them want to testify anymore.

If I catch the midnight,

I could make it to Berlin,

and be back by tomorrow afternoon.

Tad, you haven't had any sleep...

It'll be worth it if I can get Hoffman.

Take over for me in court
in the morning, will you?

WALLNER: Colonel, please!

I have told you this before,
when you first came in.

I say it again now.

We are through with all this.

She does not have to go,
you have no right to order her to go.

Mr. Wallner, I'm not ordering her to go.

I have no authority to order her to go.

Do you think we get a medal

for appearing at these trials?

The people do not like them.

They do not believe that Germans

should testify against other Germans.

Now, look, look, I...
I haven't been prosecuting these cases

for the past two years
without knowing that.

It is easy for you to say go.

After the trial
you will go back to America,

but we must stay here
and live with these people.

Mr. Wallner, don't you think
I realize what I'm asking?

Then how can you come in like the gestapo,
in the middle of the night...

Because they must not
be allowed to get away with what they did.

You really think
they won't get away with it in the end?

I say the hell with them,
and the hell with you.

Hugo.

Emil Hahn will be there?

Yes. In the dock.

Ernst Janning?

Yes.

You saw the store downstairs.

It's not much,
but it's a new start for us.

They will come if I go to Nuremberg.

They will come
and break the windows of the store.

I'll place a guard in front of the store,
24 hours a day.

You do not have to go, Irene.

- He has no right to ask you to go.
- You do have to go.

You have to go, for all those people

who can't get up there
on the stand themselves.

You do not owe it to anybody, Irene!

- Yes, you do!
- You do not owe it to anybody.

You owe it...

You owe it to one person, at least.

(CRIES)

In the night,

every night,

we've known somehow
it would come to this.

RADNITZ: Dr. Geuter,
do you recognize that headline?

GEUTER: Yes, sir.

Would you read it to the tribunal?

"Death to the race defiler."

In what newspaper did it appear?

In Julius Stretcher's Der Stürmer.

What was it in connection with?

The Feldenstein case.

What was the Feldenstein case?

Your Honor, defense objects
to the introduction of the Feldenstein case.

It is a notorious case,
perhaps the most notorious of the period.

It has overtones,

and appeals to emotion
that would perhaps be best not raised.

There are no issues or overtones
that may not be raised in this courtroom.

The tribunal is interested
in everything that is relevant.

Objection is overruled.

It's all right. I'll take it.

May it please the tribunal?

- You may continue.
- Thank you.

Now.

What was the Feldenstein case?

The case of a man
accused of racial pollution.

Will you explain what is meant
by "racial pollution"?

This is the, uh, charge that is referred
to in the, uh, Nuremberg laws.

It says that any non-Aryan

having sexual relations with an Aryan
may be punished by death.

When did you first become
acquainted with the Feldenstein case?

In, uh, September 1935,
I was contacted by the police.

They said that Mr. Feldenstein
was being held

and, uh, that he requested
that I serve as his counselor.

What position did he hold
in the community?

He was a very well-known merchant.

He was one of the heads
of the Jewish congregation in Nuremberg.

What was the nature
of the charge against him?

He was accused
of having intimate relations

with a 16-year-old girl, Irene Hoffman.

LAWSON: I see.

(INAUDIBLE)

And, uh, what did he say
to you about the case?

He said it was false.

He said he knew the girl
and her family a long time.

He'd gone to visit her since they died.

But there had never been anything
of the kind charged between them.

Now, Doctor, would you please tell
the tribunal what happened then?

He was indicted before the special court
at Nuremberg.

And where was this special court?

It was right here, this building.

This very courtroom.

Dr. Geuter,

what were the circumstances
surrounding the trial?

It was used as a show place
for national socialism.

It was the time
of the September celebrations,

the Nuremberg rallies.

The courtroom was crowded.

Back there, people were standing up.

Julius Stretcher was sitting
in one of the front seats.

And high officials
of the Nazi Party were all over.

LAWSON: Doctor, would you please tell us

what were your expectations
for the trial in this climate?

I expected the worst

when I saw that Emil Hahn was
the public prosecutor.

He was a fanatic.

His trials were always marked
by extreme brutality.

But I had one hope for the outcome,

because sitting on the judge's bench
was Ernst Janning.

His reputation
was known throughout Germany.

He was known to have
dedicated his life to justice.

To the concept of justice.

LAWSON: Thank you. That's all.

Any questions?

Thank you. No questions.

HAYWOOD: The witness is excused.

The prosecution calls to the stand
Irene Hoffman Wallner.

Will you raise your right hand?

I swear by God,
the Almighty and Omniscient,

that I will speak the pure truth,
and will withhold and add nothing.

I do.

Will you please, uh, state
your name to the tribunal?

Irene Hoffman Wallner.

Mrs. Wallner,

did you know Lehman Feldenstein?

Yes.

When did you first meet him?

It was 1925 or 1926.

I am not sure exactly.

How old was he at this time?

He was in his 50s.

And how old was he
at the time of his arrest?

- He was 65.
- I see.

What was the nature of your relationship?

We were friends.

Did you continue to see him
after your parents died?

- Yes.
- Why?

We were friends. He...

He owned the building that I lived in.

His business took him there quite often.

Now what did you say to the police

when they, uh, questioned you
about having intimate relations with him?

I told them it was a lie.

Could you tell me who
the public prosecutor was?

Emil Hahn.

LAWSON: Did Emil Hahn question you?

Yes.

What did he say to you?

He took me into a separate room,

where we were alone.

He told me that it was no use
to repeat my story

because no one would believe me.

There had been a race defilement

and the only pardon for this was
to kill the violator.

He... He told me that if I protected

Mr. Feldenstein,

that I would be held under arrest for perjury.

LAWSON: What did you reply to him?

I... I told him what I had
said again and again.

I told him that I could
not say anything else.

I could not lie about someone
who had been so kind to me.

Were you held under arrest?

Yes.

Now, Mrs. Wallner, tell us

what was the...the manner

in which Emil Hahn
conducted the prosecution?

He... He made a mockery

of everything Mr. Feldenstein tried to say
in his own defense.

He held him up to ridicule
whenever possible.

What was the reaction of the audience?

They laughed.

Again and again.

How long did the trial last?

Mrs. Wallner,

how long did the trial last?

Two days.

Was the verdict passed
at the end of the second day?

Yes.

- What was the verdict?
- Guilty.

And what was the sentence?

Mr. Feldenstein was sentenced

to be executed.

I was sentenced
to be imprisoned for two years, for perjury.

Who was the presiding judge?

Ernst Janning.

Were the sentences carried out?

Mmm.

Thank you very much,
Mrs. Wallner. That's all.

Any questions?

Your Honor, I would like
to request that the witness

be kept available.

We will present further evidence
on the Feldenstein matter

when it comes time
for the defense to present its case.

The witness will
please hold herself so available.

You may go. You're excused now.

HAYWOOD: Colonel Lawson?

LAWSON: Your Honors,

I offer in evidence a decree
signed by Adolf Hitler

directing that all persons accused
or suspected of disloyalty

or resistance of any sort,
might be arrested secretly

with no notice to friends or relatives,
without any trial whatsoever,

and put into concentration camps.

I also offer a group of orders
issued under that decree,

each one signed by one of the defendants,

by which hundreds of persons were arrested
and placed in concentration camps.

Signed by Friedrich Hoffstetter,

Werner Lammpe,

Emil Hahn,

Ernst Janning.

Your Honors,

the defendants on trial here today

did not personally administer
the concentration camps.

They never had to beat victims

or pull the lever
that released gas into the chambers.

But as the documents we've introduced
into this case have shown,

these defendants fashioned
and executed laws,

and rendered judgments

which sent millions of victims to their...

Destinations.

Major Radnitz?

Your Honors, I would like to request that
Colonel Lawson be sworn in as a witness.

- Granted.
- Thank you.

Will you raise your right hand?

I swear by God,
the Almighty and Omniscient,

that I will speak the pure truth
and withhold and add nothing.

I do.

Were you active in the United States Army
in 1945 at the close of the war?

Yes, I was.

Were you in command
of troops liberating concentration camps?

I was.

- Were you in Dachau and Belsen?
- Yes.

Were you present when the films
we are about to see were taken?

Yes, I was.

Okay.

(PROJECTOR WHIRRING)

The map shows the number of
and location of concentration camps

under the Third Reich.

The Buchenwald concentration camp
was founded in 1933.

Its inmates numbered about 80,000.

There was a motto at Buchenwald:

"Break the body,

"break the spirit,

"break the heart."

The ovens at Buchenwald.

Evidence of last-minute efforts
to dispose of bodies.

The stoves were manufactured
by a well-known company

which also specialized
in baking ovens.

The name of the firm is clearly inscribed.

An exhibit of byproducts of Buchenwald

displayed for the local townspeople
by an allied officer.

Brushes of every description.

Shoes, adults and children.

Spectacles.

Gold from teeth melted down,

sent once a month
to the medical department

of the Waffen-S.S.

A lampshade made from human skin.

Skin being used for paintings,

many having an obscene nature.

The heads of two Polish laborers

shrunken to one-fifth their normal size.

A human pelvis used as an ashtray.

Children who'd been tattooed to mark them
for eventual extermination.

Sometimes mercy was shown
to the children.

They were injected with morphia
so they'd be unconscious when hanged.

One of the doctors described

how they'd then place ropes
around their necks,

and in the doctor's own words:

"Like pictures, they were then hanged
by hooks on the walls."

The bodies of those
who had come in boxcars

without food and without air,

who hadn't survived
the journey to Dachau.

Hundreds of inmates were used
as human guinea pigs

for atrocious medical experiments.

A witness at one of the executions
at Dachau gave the following description:

"Inmates were made to leave
their clothing on a rack.

"They were told
they were going to take baths.

"Then the doors were locked.

"Tins of Zyklon B

"were released through
the specially constructed apertures.

"You could hear the groaning
and the whimpering inside.

"After two or three minutes,

"all was quiet."

Death transports that had arrived
included 90,000 from Slovakia,

65,000 from Greece,

11,000 from France,

90,000 from Holland,

400,000 from Hungary,

250,000 from Poland and upper Silesia,

and 100,000 from Germany.

And this is what was filmed

when British troops liberated
Belsen concentration camp.

For sanitary reasons,

a British bulldozer had to bury the bodies
as quickly as possible.

Who were the bodies?

Members of every occupied country
of Europe.

Two-thirds of the Jews of Europe...

Exterminated.

More than six million

according to reports
from the Nazis' own figures.

But the real figure...

No one knows.

How dare they show us those films?
How dare they?

We are not executioners. We are judges.

You do not think it was like that, do you?

There were executions, yes.
But nothing like that. Nothing at all.

Pohl!

Pohl!

You ran those concentration camps.

You and Eichmann.

They say we killed millions of people.

Millions of people.

How could it be possible?

Tell them. How could it be possible?

It's possible.

How?

You mean, technically?

It all depends on your facilities.

Say you have two chambers
that accommodate 2,000 people apiece.

Figure it out.

It's possible to get rid
of 10,000 in a half-hour.

You don't even need guards to do it.

You can tell them
they are going to take a shower,

and then instead of the water,
you turn on the gas.

It's not the killing that is the problem.

It's disposing of the bodies.

That's the problem.

(SINGING IN GERMAN)

- I'm sorry I'm late.
- That's all right.

I was doing some work
for the rebuilding committee.

And I brought you some folders,

so we can decide
what you should see next.

There's the Albrecht Dürer House,
and the museum.

When do you think you could make it?

Oh, anytime.

Would you like to order now?

What would you like?
Can I help you with the menu?

No. I don't think
I'll have anything. Thank you.

A glass of Moselle for me, please.

The same.

What's the matter?

Nothing. I'm just not hungry, that's all.

You know, it's, uh...

The last few days
have meant a great deal to me.

How?

Well, I don't think you realize
what a provincial man I really am.

Uh, I've been abroad
just exactly once before this,

and that was when
I was a doughboy in World War I.

I used to pass places like this
and wonder what they were like.

- They've meant a great deal to me, too.
- How?

They gave me back the feeling
I had of the Americans.

The feeling I used to have
when I was in your country.

(PEOPLE CLAPPING)

- Too bad this isn't a magazine story.
- Why?

Well, if it were a magazine story,
two people like us,

the rapidly aging jurist...

Oh, no, no.

The rapidly aging jurist
and the beautiful widow

would transcend their difficulties
and travel places

either by land or by sea.

(PIANO PLAYING)

I saw Mr. Perkins today.

He told me they'd showed those pictures
in the courtroom.

Colonel Lawson's favorite pictures.

He drags them out
at any pretext, doesn't he?

Colonel Lawson's private
chamber of horrors.

Is that what you think we are?

Do you think we knew of those things?

Do you think we wanted
to murder women and children?

Do you believe that? Do you?

Mrs. Bertholt,
I don't know what to believe.

Good God. We're sitting here drinking.

How could you think that we knew?

We did not know.

We did not know.

(MAN SINGING IN GERMAN)

As far as I can make out,
no one in this country knew.

Mrs. Bertholt, your husband was one
of the heads of the Army.

And he did not know.
I tell you, he did not know.

It was Himmler. It was Goebbels.

The S.S. knew what happened.
We did not know.

Listen to me.

There are things
that happened on both sides.

My husband was a military man all his life.

He was entitled to a soldier's death.
He asked for that.

I tried to get that for him, just that,
that he would die with some honor.

I went from official to official.
I begged for that.

I begged for that.

That he should be permitted
the dignity of a firing squad.

You know what happened?

He was hanged with the others

and after that, I knew what it was to hate.

I never left the house,
I never left the room.

I drank.

I hated with every fiber of my being.

I hated every American I had ever known.

(PEOPLE SINGING IN GERMAN)

But one can't live with hate, I know that.

And we have to forget,
if we are to go on living.

(INDISTINCT CONVERSATIONS)

(MUTTERS)

(CLEARING THROAT)

Herr Rolfe?

May it please the tribunal?

Yesterday the tribunal
witnessed some films.

They were...

Shocking films,

devastating films.

As a German,

I feel ashamed that such things
could have taken place in my country.

There can never be a justification for them.

Not in generations,

not in centuries.

But...

I do think it was wrong,

indecent,

and terribly unfair of the prosecution

to show such films in this case,

in this court,

at this time,

against these defendants!

And I cannot protest too strongly

against such tactics.

What is the prosecution trying to prove?

Is it trying to prove that
the German people as a whole

were responsible for these events?

Or that they were even aware of them?

Because if he is,

he's not stating facts,

and he knows he's not.

The secrecy of the operations,

the geographical location of the camps,

the breakdown of communications
in the last days of the war

when the exterminations rose
into the millions

show only too clearly
that he is not telling the truth!

The truth is

that these brutalities
were brought about by the few extremists.

The criminals.

Very few German knew what was going on.

Very few.

None of us knew what was happening

in the places shown in these films.

None of us.

But the most ironic part of it is...

That the prosecution showed
these films against these defendants,

men who stayed in power
for one reason only,

to prevent worse things from happening.

Who is the braver man?

The man who escapes,
or resigns in times of peril,

or the man who stays on his post

at the risk of his own personal safety?

The defense will present
witnesses and letters and documents

from religious and political refugees
all over the world

telling how Ernst Janning
saved them from execution.

The defense will show that many times

Ernst Janning was able
to effect mitigation of sentences

when, without his influence,
the results would have been much worse.

The defense will show

that Ernst Janning's personal physician
was a non-Aryan,

a Jewish man,

who he kept in attendance,
much to his own peril.

The defense presents affidavits

from legal authorities
and famed jurists the world over

pleading that special considerations
must be made in this case,

saying that the entire work
of Ernst Janning

was inspired by one motive,
and one motive only:

The endeavor to preserve justice
and the concept of justice.

(SIGHS)

Now,

what has the prosecution to offer

against this?

The prosecution, in fact,

has presented in the case of Ernst Janning,
only one tangible piece of evidence.

The Feldenstein case.

A notorious case,
as the defense has said.

A case which never
should have been reopened.

A case which the defense is obliged

to review now.

The defense calls Mrs. Elsa Lindnow.

Will you raise your right hand?

I swear by God,
the Almighty and Omniscient,

that I will speak the pure truth
and will withhold and add nothing.

I do.

ROLFE: Mrs. Lindnow,

what is your occupation?

I am a cleaning woman.

Where are you employed?

400... 345, Grosse Platz.

- Did you know Lehman Feldenstein?
- Yes. I knew him.

In what capacity?

He was my employer in 1935.

Do you know the witness,
Mrs. Irene Hoffman Wallner?

Yes.

In what capacity?

She was a tenant in the building.

Did you ever see Miss Hoffman
and Mr. Feldenstein together?

Yes.

How did this happen?

Mr. Feldenstein came to see Miss Hoffman
at her apartment.

Often?

Quite often.

Were there any occasions
in which you noticed anything unusual?

Yes.

I saw Miss Hoffman kissing Mr. Feldenstein
at the door of her apartment.

Was there any other occasion?

Yes, there was one.

What was it?

I came to Miss Hoffman's apartment.

Uh, I wanted to clean up.

I thought it was empty.

Uh, I saw Miss Hoffman
sitting on Mr. Feldenstein's lap.

Thank you, Mrs. Lindnow. That's all.

Colonel Lawson?

Earphones, please.

Mrs. Lindnow,
what are your political affiliations?

- Political?
- Objection, Your Honor.

This witness' political affiliations
have nothing to do with the testimony.

Colonel Lawson is once more trying
to appeal to the emotion of the court.

Objection overruled.

Now would you answer
the question, please?

Were you a member
of the National Socialist Party?

Yes, I was.

We were forced to be.

"We were forced to be."

Now when did you become
a member of the Nazi Party?

1933.

Were all German nationals forced

to become members
of the Nazi Party in 1933?

LAWSON: Please answer me, Mrs. Lindnow.

Were you forced
to become a member of the Nazi Party?

That's all.

Witness is excused.

HAYWOOD: Defense may continue.

The defense calls
Irene Hoffman Wallner to the stand.

HAYWOOD: Mrs. Wallner,

you are still under oath.

Mrs. Wallner,
did you come here voluntarily?

Did you report voluntarily
to speak as a witness?

Yes.

Is it not true that the prosecution
asked you to come here?

That it was very disagreeable
for you to come here?

It is always very disagreeable
to live over those times.

That would be in agreement

with the information I have
that you did not want to come.

Thank you, Mrs. Wallner.

Mrs. Wallner,

the Nuremberg laws were
stated September 15, 1935.

- Where were you at that time?
- In Nuremberg.

Did you know these laws?

Were you aware that
a physical relationship with Jews

was against the law?

Yes.

Were you aware that in Nuremberg,
and in Nuremberg in particular,

not only a physical relationship with Jews
was viewed with disdain,

but every social contact?

Yes.

Were you aware that it might have
some danger for you personally?

Yes, I was aware of it.

But how can you discard a friendship
from day to day because of some...

That is another question, Mrs. Wallner.

I did not ask you that question.

- Were you aware of it?
- Yes, I was aware.

- Yet you still continued to see each other?
- Yes.

Remember, it was brought out
at the tribunal

that Mr. Feldenstein bought you things.

- Candy and cigarettes?
- Yes.

Remember that sometimes
he bought you flowers?

Yes, he bought me many things.

That was because he was kind.

He was the kindest man I ever knew.

Do you know the witness,
Mrs. Elsa Lindnow?

Yes, I know her.

Was she a cleaning woman
at the apartment you lived in?

Yes.

Did Mr. Feldenstein come
to see you at your apartment?

Yes.

How many times?

I don't, uh, remember.

- Several times?
- Yes.

- Many times?
- Many times.

- Did you kiss him?
- Yes, I kissed him.

Was there more than one kiss?

Yes.

But it was not in the way
you are trying to make it sound.

He was like a father to me.

He was more than a father.

More than a father?

- Did you sit on his lap?
- Objection!

Counsel is persecuting the witness
in the pretext of gaining testimony.

Objection overruled.

The defense is being permitted to reenact

what was a travesty of justice
in the first place.

Colonel Lawson, the tribunal makes
the rulings in this case, not the prosecution.

You may proceed.

- Did you sit on his lap?
- Yes.

But there was nothing wrong
or ugly about it.

Did you sit on his lap?

Yes, but...

You sat on his lap.
What else did you do?

There was nothing
that you are trying to say.

There was nothing like that.

What else did you do, Mrs. Wallner?

What are you trying to do?

Are you trying to...

(SOBBING)

(STAMMERING) Why do you not
let me speak the truth?

That's what we want, Mrs. Wallner.

The truth, the truth.

You admitted
that you continued to see him.

You admitted that
he came to your apartment.

You admitted you kissed him.

You admitted you sat on his lap.

What else do you admit to? What else?

Nothing.

There was nothing like
you're trying to make it sound.

What else?

There was nothing. Nothing.

Stop it.

-(BANGING TABLE)
- Stop it!

What else do you admit to.
Mrs. Wallner? What else?

Herr Rolfe!

Are we going to do this again?

AUDIENCE MURMURING)

Your Honor,

the stress the defendant has been under is
so great that he is not aware...

I am aware.

I am aware.

Your Honor, the defendant wishes
to make a statement.

Your Honor, I believe
the defense has a right to request...

-(GAVEL POUNDING)
- Order. Order. Order!

Does the defendant wish
to make a statement?

I wish to make a statement, yes.

Your Honor, I believe the defense
has the right to request a recess...

Your Honor, the defendant has
the right to make his statement now.

I have to speak with my client.

LAWSON: He has the right to make it now!

(CRYING)

Tribunal is adjourned
until 10:30 tomorrow morning.

(PEOPLE SPEAKING INDISTINCTLY)

ROLFE: What are you doing?

What do you think you're trying to do?

They've had Goering. Frank. Stretcher.

That's over.

Do you think I have enjoyed
being defense counsel during this trial?

There were things I had to do
in that courtroom that made me cringe.

Why did I do them?

Because I want to leave
the German people something.

I want to leave them a shred of dignity.

I want to call a halt to these proceedings.

If we allow them
to discredit every German like you,

we lose the right to rule ourselves forever.

We have to look at the future.
We can't look back now.

Do you want the Americans
to stay here forever? Do you want that?

I could show you a picture
of Hiroshima and Nagasaki.

Thousands and thousands
of burned bodies.

Women and children.

Is that their superior morality?

Where do you think they take us?
Do you think they know?

Do you think
they have any concept of our problems?

What can I say to you?

What can I say to you to make you see?

There is nothing you can say.

Nothing.

MALE ANNOUNCER: Nothing has
happened to alleviate the crisis.

The crisis reached a head this afternoon

when all rail travel between western
zones and Berlin was stopped.

The blockade by land is now complete.

What do you think
we're going to do, General?

- Do you think we'll withdraw?
- We can't withdraw.

If we withdraw under pressure,

our prestige all over the world
is threatened.

The communists will move in
on every front.

ENGLISH JOURNALIST:
What about these trials, General?

How do you feel about them now?

We're committed to the trials.

But I think it would be realistic
to accelerate them as much as possible.

FEMALE JOURNALIST: What would happen
if they fired on one of our planes, General?

I'm afraid we'll have to face that
when it happens.

There is no other answer
to that question at this time.

You fellows should try some of the strudel.
It's excellent here.

No, thanks.

Dan, I've just come back
from Berlin, as you know.

I don't think this is going to be it.

A lot of people do, but I don't.

But it is going to be a fight for survival
for the next 10 years, maybe the next 20.

Germany is the key to that survival.

Any high-school student
in geography can tell you that.

Just what are you trying to say, Senator?

What I'm trying to say is this:

While nobody's trying
to influence your decision,

it's important that you realize this,
because it's a fact of life.

Let's face it, gentlemen.

The handwriting is on the wall.

We're going to need
all the help we can get.

We're going to need
the support of the German people.

More strudel, gentlemen?

Herr Janning, you may proceed.

I wish to testify about the Feldenstein case

because it was
the most significant trial of the period.

It is important
not only for the tribunal to understand it,

but for the whole German people.

But in order to understand it,

one must understand the period
in which it happened.

There was a fever over the land.

A fever of disgrace, of indignity, of hunger.

We had a democracy, yes.

But it was torn by elements within.

Above all, there was fear:

Fear of today, fear of tomorrow,

fear of our neighbors,
and fear of ourselves.

Only when you understand that,

can you understand
what Hitler meant to us.

Because he said to us:

"Lift your heads.

"Be proud to be German.

"There are devils among us:

"Communists, liberals, Jews, gypsies.

"Once these devils will be destroyed,
your misery will be destroyed."

It was the old, old story
of the sacrificial lamb.

What about those of us who knew better?

We who knew the words were lies,
and worse than lies?

Why did we sit silent?

Why did we take part?

Because we loved our country.

What difference does it make

if a few political extremists
lose their rights?

What difference does it make
if a few racial minorities lose their rights?

It is only a passing phase.

It is only a stage we are going through.

It will be discarded sooner or later.

Hitler himself
will be discarded sooner or later.

The country is in danger.

We will march out of the shadows.
We will go forward.

Forward is the great password.

And history tells
how well we succeeded, Your Honor.

We succeeded beyond our wildest dreams.

The very elements
of hate and power about Hitler

that mesmerized Germany
mesmerized the world.

We found ourselves
with sudden, powerful allies.

Things that had been denied
to us as a democracy

were open to us now.

The world said, "Go ahead, take it.

"Take it.

"Take Sudetenland,
take the Rhineland, remilitarize it.

"Take all of Austria. Take it."

And then, one day, we looked around

and found that
we were in an even more terrible danger.

The ritual began in this courtroom,

swept over the land
like a raging, roaring disease.

What was going to be a passing phase

had become the way of life.

Your Honor,

I was content to sit silent during this trial.

I was content to tend my roses.

I was even content

to let counsel try to save my name.

Until I realized

that in order to save it,
he would have to raise the specter again.

You have seen him do it.

He has done it here in this courtroom.

He has suggested that the Third Reich
worked for the benefit of people.

He has suggested that we sterilized men
for the welfare of the country.

He has suggested that perhaps

the old Jew did sleep
with the 16-year-old girl, after all.

Once more, it is being done

for love of country.

It is not easy to tell the truth.

But if there is to be
any salvation for Germany,

we who know our guilt must admit it,

whatever the pain

and humiliation.

I had reached my verdict

on the Feldenstein case

before I ever came into the courtroom.

I would have found him guilty,
whatever the evidence.

It was not a trial at all.
It was a sacrificial ritual

in which Feldenstein, the Jew,
was the helpless victim.

Your Honor, I must interrupt.

The defendant is not aware
of what he is saying.

He is not aware of the implications...

I am aware. I am aware.

My counsel would have you believe

we were not aware
of the concentration camps.

Not aware.

Where were we?

Where were we when Hitler began
shrieking his hate in the Reichstag?

Where were we when our neighbors
were being dragged out

in the middle of the night to Dachau?

Where were we when every village
in Germany has a railroad terminal

where cattle cars were filled with children
being carried off to their extermination?

Where were we
when they cried out in the night to us?

Were we deaf? Dumb? Blind?

Your Honor, I must protest.

My counsel says we were not aware
of the extermination of the millions.

He would give you the excuse

we were only aware
of the extermination of the hundreds.

Does that make us any the less guilty?

Maybe we didn't know the details.

But if we didn't know,
it was because we didn't want to know.

Traitor! Traitor!

Order. Order! Order!

(PEOPLE MURMURING)

Put that man back in his seat
and keep him there.

I am going to tell them the truth.

I am going to tell them the truth,

if the whole world conspires against it.

I am going to tell them the truth

about their ministry of justice.

Werner Lammpe,
an old man who cries into his Bible now.

An old man who profited
by the property expropriation

of every man he sent
to a concentration camp.

Friedrich Hoffstetter,

the good German
who knew how to take orders,

who sent men before him
to be sterilized like so many digits.

Emil Hahn,

the decayed, corrupt bigot,

obsessed by the evil within himself.

And Ernst Janning,

worse than any of them

because he knew what they were,

and he went along with them.

Ernst Janning,

who made his life

excrement

because he walked with them.

Your Honor,

it is my duty

to defend Ernst Janning.

And yet, Ernst Janning
has said he is guilty.

There is no doubt he feels his guilt.

He made a great error
in going along with the Nazi Movement

hoping it would be good for his country.

But if he is to be found guilty,

there are others who also went along,

who also must be found guilty.

Ernst Janning said:

"We succeeded
beyond our wildest dreams."

Why did we succeed, Your Honor?

What about the rest of the world?

Did it not know
the intentions of the Third Reich?

Did it not hear the words
of Hitler's broadcasts all over the world?

Did it not read his intentions
in Mein Kampf,

published in every corner of the world?

Where is the responsibility
of the Soviet Union

who signed in 1939 the pact with Hitler,

enabled him to make war?

Are we now to find Russia guilty?

Where is the responsibility of the Vatican

who signed in 1933
the concordat with Hitler,

giving him his first tremendous prestige?

Are we now to find the Vatican guilty?

Where is the responsibility
of the world leader Winston Churchill,

who said in an open letter
to the London Times in 1938,

1938, Your Honor:

"Were England to suffer
a national disaster, I should pray to God

"to send a man of the strength of mind
and will of an Adolf Hitler."

Are we now to find
Winston Churchill guilty?

Where is the responsibility
of those American industrialists

who helped Hitler
to rebuild his armaments,

and profited by that rebuilding?

Are we now to find
the American industrialists guilty?

No, Your Honor. No.

Germany alone is not guilty.

The whole world
is as responsible for Hitler as Germany.

It is an easy thing to condemn
one man in the dock.

It's easy to condemn
the German people,

to speak of the basic flaw
in the German character

that allowed Hitler to rise to power,
and at the same time,

comfortably ignore
the basic flaw of character

that made the Russians sign pacts with him,
Winston Churchill praise him,

American industrialists profit by him.

Ernst Janning said he is guilty.

If he is,

Ernst Janning's guilt is the world's guilt.

No more, no less.

Major, we have to give
the Military Governor

every help that we can give him.

We have to get 700 tons in the air a day.

700 tons.

This is some operation.

Did you ever think we'd be flying coal
and tomatoes in these crates?

Tad, you and I
have been friends a long time.

That's why I called you here.

What are you going to do
in court tomorrow?

You know damn well
what I'm goin' to do.

I know what you want to do:

You'd like to recommend they put 'em
behind bars and throw away the key.

You know what's going on here now?

Yeah.

I know what's going on.

Tad, you're an army man.
You know what we're up against.

The others may not, but you do.

I'll tell you the truth.

I don't know what's going to happen
if they fire on one of those planes.

I don't know what's going to happen.

But if I do know this:
If Berlin goes, Germany goes.

If Germany goes, Europe goes.

That's the way things stand.

That's the way they stand.

Look, Matt, I'm goin' to go the limit.

And not you, not the Pentagon,

not God on his throne
is going to make me...

Who do you think you're talking to?

Who the hell do you think you're talking to?

When you were marching into Dachau
with those troops, I was there, too.

You think I'll ever forget it?

Look, I'm not your commanding officer.

I can't influence your decision,
and I don't want to.

But I want to give this to you,
and I want to give it to you straight.

We need the help of the German people.

And you don't get the help
of the German people

by sentencing their leaders
to stiff prison sentences.

Tad...

The thing to do is survive, isn't it?

Survive as best we can, but survive.

Just for laughs, Matt,

what was the war all about?

What was it about?

And that concludes
presentation of documentary evidence

against these defendants.

Your Honors,

during the three years that have passed
since the end of the war in Europe,

mankind has not crossed over into Jordan.

In our own country,
fear of war has been revived.

And we must look once more
to our defenses.

There's talk of cold war,
while men and women die in real wars.

And the echoes of persecution

and atrocities

will not be stilled.

These events cannot help
but color what happens in this courtroom.

But somewhere in the midst
of these events,

the responsibility for the crimes
that we brought forward during this trial

must be placed in true perspective.

And this is the decision
that faces Your Honors.

It is the dilemma of our times.

It is a dilemma that...

That rests with you.

The prosecution rests.

The defendants may now
make their final statements.

Defendant Emil Hahn
may address the tribunal.

Your Honors,

I do not evade
the responsibility for my actions.

On the contrary, I stand by them
before the entire world.

But I will not follow the policy of others.

I will not say of our policy today
that it was wrong

when yesterday I say it was right.

Germany was fighting for its life.

Certain measures were needed
to protect it from its enemies.

I cannot say that I am sorry
we applied those measures.

We were a bulwark against Bolshevism.

We were a pillar of Western culture.

A bulwark and a pillar
the West may yet wish to retain.

The defendant Friedrich Hoffstetter
may address the tribunal.

I have served my country throughout my life

and in whatever position I was assigned to,

in faithfulness, with a pure heart,
and without malice.

I followed the concept that I believed
to be the highest in my profession.

The concept that says:

"To sacrifice one's own sense of justice
to the authoritative legal order.

"To ask only what the law is

"and not to ask whether or not
it is also justice."

As a judge, I could do no other.

I believe Your Honors will find me,

and millions of Germans like me

who believed
they were doing their duty to their country,

to be not guilty.

(CLEARING THROAT)

The defendant Werner Lammpe
may address the tribunal.

Your Honors...

Your Honors...

The defendant Ernst Janning
may address the tribunal.

I have nothing to add to what I have said.

The testimony
has been received in the case.

Final arguments have been heard.

There remains nothing now but the task
of the tribunal to render its decision.

The tribunal will recess
until further notification.

Now, I've collected
several precedents and arguments here

that have a bearing on the basis of the case,

which is, of course, the conflict between
allegiance to international law

and to the laws of one's own country.

Dan, we have a mountain
of material to go over here.

What are you looking at, Dan?

Hmm? Oh, I was...

I was, uh, looking at some of these pictures
attached to the warrants for arrest.

What pictures?

Well, there's Petersen,
before they operated on him.

And here's Irene Hoffman.

She really was 16 once, wasn't she?

Feldenstein.

And here's the situation of a boy,

certainly couldn't have been more than 14.

Executed for saying things
against the Third Reich.

"By order of justice Friedrich Hoffstetter."

If I may say so, more pertinent
to the legal basis of the case,

I have the opening address
of the French prosecutor

before the International
Military Tribunal.

"It is obvious that
in the state organized along modern lines

"responsibility is confined
to those who act directly for the State.

"Since they alone are in a position
to judge the legitimacy of the given orders,

"they alone can be prosecuted."

I have another
from Professor Jahrreiss' legal aspects,

trial of the major war criminals.

On the basis of these, I don't see where
the prosecution has put forth

a really clear-cut case against the defense
pertaining to the charges in the indictment.

Regardless of the acts committed,

we cannot make the interpretation
that these defendants

are really responsible
for crimes against humanity.

What do you think, Dan?

Dan, we've been going over
these points all day.

If it isn't clear now...

Aren't you going to look
at these precedents?

Aren't you interested at all?

Yes, I'm interested, Curtiss.

You were speaking of crimes
against humanity

saying that the defendants
were not responsible for their acts.

I'd like you to explain that to me.

I've just been explaining it.

Well, maybe.

But all I've heard is a lot
of legalistic double-talk and rationalization.

You know, Curtiss,
when I first became a judge,

I... I knew there were certain people
in town I wasn't supposed to touch.

I knew that if I was to remain a judge,
this was so.

But how in God's name
do you expect me to look the other way

at the murder of six million people?

Oh, I'm sure he didn't mean that.

I'm not asking you
to look the other way at them.

I'm asking you, what good is it going to do
to pursue this policy?

Curtiss, you were saying that the men
are not responsible for their acts.

You're going to have
to explain that to me.

You're going to
have to explain it very carefully.

The tribunal is now in session.

God bless the United States of America
and this honorable tribunal.

The trial conducted before this
tribunal began over eight months ago.

The record of evidence
is more than 10,000 pages long

and final arguments of counsel
have been concluded.

Simple murders and atrocities
do not constitute

the gravamen of the charges
in this indictment.

Rather, the charge is that
of conscious participation

in a nationwide,
government-organized system

of cruelty and injustice

in violation of every moral
and legal principle

known to all civilized nations.

The tribunal has carefully studied the record

and found therein

abundant evidence to support
beyond a reasonable doubt

the charges against these defendants.

(PEOPLE MURMURING)

Herr Rolfe

in his very skillful defense

has asserted that there are others

who must share the ultimate responsibility

for what happened here in Germany.

There is truth in this.

The real complaining party
at the bar in this courtroom is civilization.

But the tribunal does say

that the men in the dock
are responsible for their actions.

Men who sat in black robes

in judgment on other men.

Men who took part

in the enactment of laws and decrees,

the purpose of which
was the extermination of human beings.

Men who, in executive positions,

actively participated
in the enforcement of these laws,

illegal even under German law.

The principle

of criminal law in every civilized society
has this in common:

Any person who sways another
to commit murder,

any person who furnishes

the lethal weapon
for the purpose of the crime,

any person who is an accessory
to the crime

is guilty.

Herr Rolfe

further asserts that the defendant Janning

was an extraordinary jurist

and acted in what he thought
was the best interest of his country.

There is truth in this also.

Janning, to be sure,

is a tragic figure.

We believe he loathed the evil he did.

But compassion
for the present torture of his soul

must not beget forgetfulness

of the torture and the death of millions
by the government of which he was a part.

Janning's record and his fate

illuminate the most shattering truth
that has emerged from this trial.

If he and all of the other defendants
had been degraded perverts,

if all of the leaders of the Third Reich

had been sadistic monsters and maniacs,

then these events would have
no more moral significance

than an earthquake,
or any other natural catastrophe.

But this trial has shown

that under a national crisis,

ordinary, even able and extraordinary men

can delude themselves
into the commission of crimes

so vast and heinous
that they beggar the imagination.

No one who has sat through the trial
can ever forget them.

Men sterilized because of political belief.

A mockery made of friendship and faith.

The murder of children.

How easily it can happen.

There are those in our own country, too,

who today speak
of the protection of country, of survival.

A decision must be made
in the life of every nation

at the very moment
when the grasp of the enemy is at its throat.

Then it seems that the only way to survive
is to use the means of the enemy,

to rest survival upon what is expedient,
to look the other way.

Well, then, the answer to that is:

survival as what?

A country isn't a rock.

It's not an extension of one's self.

It's what it stands for.

It's what it stands for when standing for
something is the most difficult.

Before the people of the world

let it now be noted

that here in our decision,
this is what we stand for:

Justice,

truth,

and the value of a single human being.

The marshal will produce
before the tribunal the defendant Hahn.

Emil Hahn,

the tribunal finds you guilty

and sentences you to life imprisonment.

Today you sentence me.
Tomorrow the Bolsheviks sentence you.

(PEOPLE MURMURING)

The marshal will produce the defendant
Hoffstetter before the tribunal.

Friedrich Hoffstetter,

the tribunal finds you guilty
and sentences you to life imprisonment.

(PEOPLE MURMURING)

The marshal will produce
the defendant Lammpe before the tribunal.

Werner Lammpe,

the tribunal finds you guilty

and sentences you to life imprisonment.

(PEOPLE MURMURING)

(GAVEL POUNDING)

The marshal will produce the defendant
Ernst Janning before the tribunal.

Ernst Janning,

the tribunal finds you guilty

and sentences you to life imprisonment.

(PEOPLE MURMURING)

He doesn't understand.

He just doesn't understand.

He understands.

(GAVEL POUNDING)

Justice Ives dissenting.

I wish to point out strongly

my dissenting vote
from the decision of this tribunal

as stated by Justice Haywood,

and in which Justice Norris concurred.

The issue of the actions
of the defendants

who believed they were acting
in the best interests of their country

is an issue that cannot be
decided in a courtroom alone.

It can only be decided objectively

in years to come,
in the true perspective of history.

And, uh, where shall I put
these books, Your Honor?

- Put them in the trunk, Mr. Halbestadt.
- Yeah.

Your Honor, here's something for you
to have on the plane.

Oh, oh, no. If you give me
any more food, Mrs. Halbestadt,

I... I won't have any room
for anything else.

But it's strudel, the way you like it.

Thank you. Thank you for everything.

Yeah.

- I'll put it in the car for you.
- Thanks.

Tickets, passport, immunization.
All in order.

I'll have your baggage checks
and boarding pass at the airport.

- Thank you.
- See you there no later than 3:00.

Right.

Oh, and give my regards
to Miss... What was her name?

Scheffler. Elsa.

That's one you owe me.

What do you mean?

Americans aren't very popular
in Nuremberg this morning.

(DIALING)

(PHONE RINGING)

(PHONE CONTINUES RINGING)

Good afternoon, Your Honor.

Good afternoon.

I came here at the request
of my client, Ernst Janning.

He wishes to see you.

I'm just leaving for the airport.

He says it would mean a great deal to him.

Have you heard about the verdict
in the I.G. Farben case?

Most of them were acquitted.

The others received light sentences.

The verdict came in today.

No, I hadn't heard.

I will make you a wager.

I don't make wagers.

A gentleman's wager.

In five years, the men you sentenced
to life imprisonment will be free.

Herr Rolfe, I have admired your work
in the courtroom for many months.

You are particularly brilliant
in your use of logic.

Thank you.

So what you suggest may very well happen.

It is logical,
in view of the times in which we live.

But to be logical is not to be right.

And nothing on God's earth
could ever make it right.

Someone to see you.

(DOOR CLOSING)

Herr Janning.

Judge Haywood.

Please, sit down.

Thank you. You wanted to see me?

Yes. There is something
I... I want to give you.

A record.

A record of my cases.

The ones I remember.

I want to give them
to someone I can trust,

someone I felt I got to know
during the trial.

Thank you.

I'll take good care of them.

I know the pressures
that have been brought upon you.

You will be criticized greatly.

Your decision will not be a popular one.

But if it means anything to you,

you have the respect
of at least one of the men you convicted.

By all that is right in this world,
your verdict was a just one.

Thank you.

What you said in the courtroom,
it needed to be said.

Judge Haywood,

the reason I asked you to come...

Those people,

those millions of people,

I never knew it would come to that.

You must believe it.

You must believe it.

Herr Janning,

it came to that the first time
you sentenced a man to death

you knew to be innocent.

(MEN SINGING IN GERMAN)

(MEN CONTINUE SINGING
IN GERMAN)

(BAND PLAYING)