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These are the user uploaded subtitles that are being translated: 1 00:00:00,400 --> 00:00:03,400 (tense music) 2 00:00:07,130 --> 00:00:10,500 As soon as he seized power in January 1933, 3 00:00:10,500 --> 00:00:15,800 Hitler used the law as a weapon to impose Nazi ideology. 4 00:00:15,800 --> 00:00:18,200 Backed by several faithful lawyers who had supported him 5 00:00:18,200 --> 00:00:19,450 from the very start, 6 00:00:19,450 --> 00:00:25,000 he set about bringing the legal system to heal. 7 00:00:25,000 --> 00:00:28,640 Police powers intensified while those of the judges declined. 8 00:00:30,000 --> 00:00:32,390 It was a reversal of the rules of traditional law, 9 00:00:32,430 --> 00:00:37,030 which recalled Fritz Lang's premonitions in his 1931 film, M. 10 00:00:47,070 --> 00:00:49,150 At the heart of Hitler's tribunals, 11 00:00:49,240 --> 00:00:51,920 lawyers and magistrates were the protagonists 12 00:00:51,960 --> 00:00:54,790 in a relentless war to impose a new legal system 13 00:00:54,830 --> 00:00:57,280 that conformed to the Nazis world-view. 14 00:00:58,510 --> 00:01:01,320 Remarkable accounts bring this story to light, 15 00:01:01,640 --> 00:01:03,560 such as that of Lilo Kuznitzky, 16 00:01:03,600 --> 00:01:04,790 a Democrat lawyer, 17 00:01:04,830 --> 00:01:07,600 who saw her dreams of freedom go up in smoke. 18 00:01:07,680 --> 00:01:08,880 Werner Best, 19 00:01:08,920 --> 00:01:11,680 a lawyer who had risen through the ranks of the SS 20 00:01:11,710 --> 00:01:12,750 at lightning speed. 21 00:01:13,030 --> 00:01:14,430 Johann Reichhart, 22 00:01:14,470 --> 00:01:16,960 the Munich executioner who would make his fortune 23 00:01:17,000 --> 00:01:18,470 from the assent of the Nazis 24 00:01:18,510 --> 00:01:22,150 or Hans Litten, a barrister and sworn enemy of Hitler. 25 00:01:24,200 --> 00:01:26,920 The trial of the alleged Reichstag arsonist 26 00:01:26,960 --> 00:01:29,360 began on September 21st, 1933. 27 00:01:30,200 --> 00:01:32,750 This show trial became a fiasco for the Nazis. 28 00:01:33,280 --> 00:01:35,960 The Supreme Court acquitted four of the accused. 29 00:01:37,640 --> 00:01:42,600 You could ask if this constituted a victory for the rule of law, 30 00:01:42,790 --> 00:01:44,150 but it didn't. 31 00:01:45,240 --> 00:01:48,320 Certainly, the Supreme Court was no longer involved 32 00:01:48,360 --> 00:01:50,680 in political or media affairs, 33 00:01:50,710 --> 00:01:52,470 but immediately afterwards, 34 00:01:52,600 --> 00:01:54,390 a new court was created, 35 00:01:55,470 --> 00:01:57,070 the Volksgerichtshof, 36 00:01:57,510 --> 00:01:59,110 or People's Court. 37 00:02:09,240 --> 00:02:11,560 There were two professional magistrates 38 00:02:11,600 --> 00:02:13,110 and three non-magistrates. 39 00:02:13,470 --> 00:02:15,830 Three Volksgenossen, as they are known, 40 00:02:15,880 --> 00:02:18,240 three Comrade of the people, three Citizens. 41 00:02:18,430 --> 00:02:20,510 In fact, they were members of the party, 42 00:02:20,560 --> 00:02:22,790 members of the police, members of the Wehrmacht. 43 00:02:23,750 --> 00:02:26,560 The idea behind that was that anyone could be a judge. 44 00:02:26,600 --> 00:02:27,600 Why? 45 00:02:27,640 --> 00:02:30,750 Because law is instinctive, something spontaneous in you, 46 00:02:30,790 --> 00:02:33,000 a movement that leads you to do 47 00:02:33,030 --> 00:02:35,470 what is best for you, your family, and your race, 48 00:02:35,510 --> 00:02:36,640 spontaneously. 49 00:02:37,000 --> 00:02:39,240 You didn't need to be a professional magistrate 50 00:02:39,280 --> 00:02:40,360 to be a judge. 51 00:02:43,960 --> 00:02:47,110 The Reichstag fire case was a revelation for the Nazis. 52 00:02:48,320 --> 00:02:51,710 The old law, as written in the statute books, endured. 53 00:02:55,790 --> 00:02:58,600 Three years previously, Fritz Lang's film, M, 54 00:02:58,640 --> 00:03:01,280 had already predicted what the Nazis would try to do 55 00:03:01,320 --> 00:03:02,600 once they were in power. 56 00:03:03,240 --> 00:03:06,830 Circumventing an abstract law and replacing it with courts 57 00:03:06,880 --> 00:03:08,880 where the people's common sense prevailed. 58 00:04:05,390 --> 00:04:07,560 With the creation of the People's Court, 59 00:04:07,600 --> 00:04:10,640 Hitler freed himself from the shackles of traditional justice. 60 00:04:13,560 --> 00:04:14,750 But this was not enough. 61 00:04:15,320 --> 00:04:16,790 He wanted absolute power. 62 00:04:17,510 --> 00:04:20,710 The occasion presented itself in the spring of 1934. 63 00:04:21,070 --> 00:04:24,110 The ageing Marshal von Hindenburg, the President of the Reich, 64 00:04:24,150 --> 00:04:25,150 was dying. 65 00:04:25,560 --> 00:04:27,640 Hitler wanted to get rid of Erwin Bumke, 66 00:04:27,680 --> 00:04:29,030 the high magistrate 67 00:04:29,200 --> 00:04:31,030 who was due to be interim leader, 68 00:04:31,070 --> 00:04:34,360 and merge his powers as Chancellor with those of the President. 69 00:04:35,600 --> 00:04:37,000 But in order to do this, 70 00:04:37,240 --> 00:04:40,200 Hitler first had to reassure the elite and the army 71 00:04:40,240 --> 00:04:43,710 who were concerned about the growing power of Ernst Röhm's SA 72 00:04:43,750 --> 00:04:45,470 and its revolutionary ambitions. 73 00:04:45,880 --> 00:04:47,710 So Hitler made his decision. 74 00:04:58,070 --> 00:05:02,280 On the night of June 29, 1934, 75 00:05:02,320 --> 00:05:03,830 Werner Best was ready. 76 00:05:04,000 --> 00:05:06,470 He was in charge of the purge in Southern Germany. 77 00:05:07,750 --> 00:05:10,030 He had made good progress since joining the SS 78 00:05:10,070 --> 00:05:11,320 two and a half years before. 79 00:05:11,680 --> 00:05:12,920 He was now a commander 80 00:05:13,240 --> 00:05:15,600 and worked alongside Reinhard Heydrich, 81 00:05:15,640 --> 00:05:17,110 Hitler's second in command. 82 00:05:17,680 --> 00:05:21,000 Under his orders, he ran the SS intelligence service, 83 00:05:21,200 --> 00:05:22,200 the SD. 84 00:05:23,070 --> 00:05:26,320 He was put in charge of drawing up the list of those to be arrested. 85 00:05:26,830 --> 00:05:28,920 There was a cross next to 28 of the names. 86 00:05:29,430 --> 00:05:31,750 This meant they were to be summarily put to death. 87 00:05:32,390 --> 00:05:34,320 One of them was Edgar Jung, 88 00:05:34,510 --> 00:05:37,390 one of his friends and a former political companion in arms. 89 00:05:37,880 --> 00:05:39,430 Werner Best would later write, 90 00:05:39,710 --> 00:05:42,640 Sometimes it is necessary to sacrifice men and laws 91 00:05:42,680 --> 00:05:44,430 in favour of higher ideals. 92 00:05:48,830 --> 00:05:51,600 Around a thousand people were arrested in three days. 93 00:05:52,280 --> 00:05:53,880 A further hundred were murdered. 94 00:05:55,680 --> 00:05:57,110 On the morning of June 30th, 95 00:05:57,150 --> 00:05:59,830 SA chief Ernst Röhm was arrested by Hitler himself. 96 00:06:01,280 --> 00:06:03,470 He was transferred to Stadelheim Prison 97 00:06:03,510 --> 00:06:06,030 and was shot in his cell on July the first. 98 00:06:10,390 --> 00:06:13,360 Hitler would justify what had happened 99 00:06:13,390 --> 00:06:15,320 to demonstrate that he was no mere thug, 100 00:06:15,360 --> 00:06:16,560 but a true statesman. 101 00:06:17,430 --> 00:06:21,110 He spoke in the Reichstag on the 13th of July, 1934, 102 00:06:21,360 --> 00:06:23,200 describing the situation, 103 00:06:23,600 --> 00:06:25,200 saying there was a plot, 104 00:06:25,750 --> 00:06:28,560 the SA were plotting, and went on to say, 105 00:06:28,680 --> 00:06:30,390 In hours of great danger, 106 00:06:31,280 --> 00:06:34,880 I was the German people's Supreme Judge. 107 00:06:36,510 --> 00:06:39,960 In other words, all of the acts of murder 108 00:06:40,000 --> 00:06:43,110 carried out over those three days were legal acts. 109 00:07:13,560 --> 00:07:17,680 He said this to the Reichstag on the 13th of July, 1934. 110 00:07:18,070 --> 00:07:21,680 He had written it in a decree on the third of July, 1934. 111 00:07:22,150 --> 00:07:24,110 It was a singular article 112 00:07:24,150 --> 00:07:25,640 which set out that all acts 113 00:07:25,680 --> 00:07:29,430 committed within the framework of state safeguarding operations 114 00:07:29,470 --> 00:07:31,430 and the rule of law were legal. 115 00:07:32,150 --> 00:07:35,710 The word employed was 'rechtens', meaning approved in law. 116 00:07:41,030 --> 00:07:43,470 Reassured by the radical purge of the SA, 117 00:07:43,510 --> 00:07:46,390 the elite made no objection to this self-amnesty. 118 00:07:47,600 --> 00:07:48,600 Better still, 119 00:07:48,640 --> 00:07:51,560 members of the government who were not in the Nazi Party 120 00:07:51,600 --> 00:07:53,470 also signed the July 3rd decree. 121 00:07:59,200 --> 00:08:00,680 As for the judiciary, 122 00:08:00,710 --> 00:08:02,360 frozen by the climate of terror 123 00:08:02,390 --> 00:08:04,470 induced by the Night of the Long Knives, 124 00:08:04,710 --> 00:08:06,560 they abstained from making any comment 125 00:08:06,600 --> 00:08:09,280 about the Nazis' legislation of their own crimes. 126 00:08:10,070 --> 00:08:12,070 And, barely three weeks later, 127 00:08:12,110 --> 00:08:14,030 they pledged allegiance to the Führer 128 00:08:14,070 --> 00:08:18,000 on the solemn monumental staircase of the Moabit Palace in Berlin, 129 00:08:18,030 --> 00:08:20,200 the very place where three years earlier, 130 00:08:20,240 --> 00:08:21,710 the barrister Hans Litten 131 00:08:21,750 --> 00:08:23,790 had tried to charge Hitler with perjury. 132 00:08:30,200 --> 00:08:32,360 And as if to nip any debate in the bud, 133 00:08:32,390 --> 00:08:34,880 Carl Schmitt, the great thinker of German law, 134 00:08:34,920 --> 00:08:39,240 immediately intervened to absolve Hitler in an article, 135 00:08:39,430 --> 00:08:41,560 The Führer Upholds the Law. 136 00:08:45,560 --> 00:08:48,960 The Führer protects what is good for the people, 137 00:08:49,110 --> 00:08:51,150 so the Führer protects the law. 138 00:08:51,680 --> 00:08:55,710 These are classic shortcuts to identity-based concrete thinking. 139 00:09:05,750 --> 00:09:08,070 In early August 1934, 140 00:09:08,110 --> 00:09:10,430 Hindenburg had just conveniently died, 141 00:09:10,470 --> 00:09:12,320 and without anyone objecting, 142 00:09:12,560 --> 00:09:14,430 Hitler combined the powers of Chancellor 143 00:09:14,470 --> 00:09:15,920 and President of the Reich. 144 00:09:18,960 --> 00:09:21,560 Now, he incarnated not only the law, 145 00:09:21,600 --> 00:09:23,240 he was the people's Führer, 146 00:09:23,510 --> 00:09:25,510 and incarnated absolute power. 147 00:09:28,280 --> 00:09:29,790 In just 20 months, 148 00:09:29,830 --> 00:09:31,830 he had managed to shut down all opposition 149 00:09:31,880 --> 00:09:33,680 and eliminate his opponents. 150 00:09:34,360 --> 00:09:37,830 He had muzzled the press and held the legal system on a leash. 151 00:09:40,510 --> 00:09:42,830 Even the army had pledged allegiance to him. 152 00:09:46,000 --> 00:09:47,880 It was a complete success, 153 00:09:49,320 --> 00:09:51,110 a triumph of the will. 154 00:10:01,430 --> 00:10:03,600 This was even the title that the film-maker, 155 00:10:03,680 --> 00:10:05,710 Leni Riefenstahl, gave to her film, 156 00:10:05,750 --> 00:10:07,600 dedicated to the glory of Hitler, 157 00:10:07,710 --> 00:10:10,600 which she shot at the Nuremberg Conference in 1934. 158 00:10:14,000 --> 00:10:16,150 There, in front of academy members, 159 00:10:16,200 --> 00:10:19,600 Hans Frank celebrated the legal advances taking place. 160 00:10:56,750 --> 00:10:58,790 Hitler's lawyers had done a good job, 161 00:10:58,830 --> 00:11:00,830 none more so than Werner Best. 162 00:11:02,360 --> 00:11:04,390 Not only had he worked in the legal field, 163 00:11:04,710 --> 00:11:06,470 but he had demonstrated his efficiency 164 00:11:06,510 --> 00:11:07,790 with the purge of the SA. 165 00:11:09,320 --> 00:11:12,070 One need only look at his dazzling SS career 166 00:11:12,110 --> 00:11:15,640 to get a measure of the esteem in which he was held by his chiefs. 167 00:11:17,600 --> 00:11:20,470 In April 1933, he was a mere corporal. 168 00:11:21,640 --> 00:11:24,070 One year later, he was a commander. 169 00:11:25,880 --> 00:11:28,200 And the day after the Night of the Long Knives, 170 00:11:28,240 --> 00:11:29,960 he was made a lieutenant colonel. 171 00:11:30,680 --> 00:11:33,710 There was no doubt he would continue to rise in the hierarchy. 172 00:11:42,390 --> 00:11:44,710 The executioner Johann Reichhart's life 173 00:11:44,750 --> 00:11:46,470 also carried the smell of success. 174 00:11:46,960 --> 00:11:50,640 He now operated in three regions and drove an Opel Blitz. 175 00:11:53,390 --> 00:11:54,710 An Opel Blitz. 176 00:11:55,510 --> 00:11:56,830 Two years before, 177 00:11:56,880 --> 00:11:58,680 he would not have imagined being able to afford 178 00:11:58,710 --> 00:12:00,150 a new van of such class. 179 00:12:01,560 --> 00:12:03,280 And it was useful for work. 180 00:12:04,200 --> 00:12:06,710 These vans could carry up to three tonnes, 181 00:12:07,750 --> 00:12:10,280 so a Mannhardt guillotine was child's play. 182 00:12:12,430 --> 00:12:15,070 The Opel allowed Reichhart to be punctual, 183 00:12:15,110 --> 00:12:17,240 and he took great care in his work. 184 00:12:18,790 --> 00:12:20,560 Since the People's Court had been formed, 185 00:12:20,600 --> 00:12:22,280 meetings took place at the Ministry 186 00:12:22,320 --> 00:12:24,360 to harmonise the methods of execution. 187 00:12:26,920 --> 00:12:30,150 Johann Reichhart was keen to demonstrate the efficacy 188 00:12:30,200 --> 00:12:31,750 of his chosen work tool. 189 00:12:35,070 --> 00:12:37,000 There was a bureaucratic evaluation 190 00:12:37,030 --> 00:12:39,360 of the advantages and disadvantages of the acts 191 00:12:39,390 --> 00:12:41,470 compared to those of the guillotine. 192 00:12:42,750 --> 00:12:44,430 Very precise statistics 193 00:12:44,470 --> 00:12:46,640 seemed to show that execution with an axe 194 00:12:46,680 --> 00:12:49,280 saved a few seconds compared to the guillotine. 195 00:12:49,320 --> 00:12:53,200 It was also the argument that the axe was more Germanic, 196 00:12:53,240 --> 00:12:56,200 that it was more authentic and patriotic, 197 00:12:56,240 --> 00:13:00,200 and more German than executing someone with a mechanical device. 198 00:13:04,000 --> 00:13:06,110 Note concerning the implementation 199 00:13:06,150 --> 00:13:07,510 of the death penalty, 200 00:13:07,560 --> 00:13:09,790 speed of execution by axe. 201 00:13:10,710 --> 00:13:12,600 This allows a gain of 20 seconds 202 00:13:12,640 --> 00:13:15,790 between the moment the condemned is handed to the executioner 203 00:13:15,830 --> 00:13:18,360 and the moment when the head falls. 204 00:13:21,790 --> 00:13:25,000 The lawyer, Roland Freisler, took part in this meeting, 205 00:13:25,430 --> 00:13:28,430 and Freisler was a proponent of the virility of the axe. 206 00:13:30,200 --> 00:13:33,150 The Nazis detested the values of the French Revolution 207 00:13:33,360 --> 00:13:34,390 and the guillotine. 208 00:13:35,710 --> 00:13:36,710 Nonetheless, 209 00:13:36,920 --> 00:13:39,960 Hitler decided to make it the official method of execution, 210 00:13:40,200 --> 00:13:41,640 putting an end to the debate. 211 00:13:43,030 --> 00:13:45,470 The Führer was won over by the mechanical efficiency 212 00:13:45,510 --> 00:13:46,680 of the machine. 213 00:13:48,600 --> 00:13:50,920 An engineering company was immediately contracted 214 00:13:50,960 --> 00:13:52,390 to mass-produce guillotines. 215 00:13:53,750 --> 00:13:56,710 The Nazi administration, no strangers to cruelty, 216 00:13:57,200 --> 00:13:59,110 assigned the final stage of assembly 217 00:13:59,150 --> 00:14:01,600 to the inmates of Berlin's Tegel Prison. 218 00:14:09,110 --> 00:14:11,390 The expert Johann Reichhart's future, 219 00:14:11,430 --> 00:14:12,600 was looking promising. 220 00:14:18,240 --> 00:14:21,880 For other Germans, however, dark clouds were gathering. 221 00:14:24,110 --> 00:14:25,880 What had become of Hans Litten? 222 00:14:26,430 --> 00:14:28,510 For all Lilo Kuznitzky's efforts 223 00:14:28,560 --> 00:14:31,560 to find any trace of her former university colleague, 224 00:14:31,600 --> 00:14:33,470 his name was not mentioned anywhere. 225 00:14:36,960 --> 00:14:38,150 Since his arrest, 226 00:14:38,430 --> 00:14:40,030 he had repeatedly been transferred 227 00:14:40,070 --> 00:14:42,110 from one concentration camp to another. 228 00:14:44,510 --> 00:14:45,960 Beaten and tortured, 229 00:14:46,070 --> 00:14:48,750 he had become half deaf and had lost an eye. 230 00:14:49,320 --> 00:14:50,680 His leg was paralysed, 231 00:14:51,320 --> 00:14:52,880 and he needed sticks to walk. 232 00:15:03,000 --> 00:15:04,110 In two years, 233 00:15:04,430 --> 00:15:06,430 Lilo had watched the world she had dreamed of 234 00:15:06,470 --> 00:15:08,240 since she was 20 disappear. 235 00:15:09,000 --> 00:15:11,830 That world had been replaced by that of the Nazis, 236 00:15:12,600 --> 00:15:15,640 a world where a woman had been put back in her rightful place, 237 00:15:16,200 --> 00:15:18,360 taking care of cooking and domestic chores. 238 00:15:19,680 --> 00:15:23,680 900,000 women had already been fired from public office. 239 00:15:27,640 --> 00:15:29,790 Lilo no longer harboured any illusions 240 00:15:29,830 --> 00:15:32,320 about her chances of continuing a career in law. 241 00:15:34,960 --> 00:15:36,510 She was 31 years old 242 00:15:36,600 --> 00:15:39,070 and was already sensing the imminent nightmare. 243 00:15:44,070 --> 00:15:46,320 She knew the worst was still to come. 244 00:15:48,750 --> 00:15:51,240 She had just found out that the 700 magistrates 245 00:15:51,280 --> 00:15:53,680 who represented the cream of the legal system 246 00:15:53,710 --> 00:15:55,640 had been summoned to a solemn ceremony 247 00:15:55,680 --> 00:15:56,830 in the presence of Hitler, 248 00:15:56,880 --> 00:15:59,200 behind the walls of the Berlin Opera. 249 00:16:03,710 --> 00:16:05,960 On April second, 1935, 250 00:16:06,000 --> 00:16:08,000 the Justice Minister, Franz Gaertner, 251 00:16:08,030 --> 00:16:09,240 gleefully made a summary 252 00:16:09,280 --> 00:16:11,600 of the synchronisation of the legal apparatus. 253 00:16:33,920 --> 00:16:36,430 When he spoke of the renewal of German law, 254 00:16:36,600 --> 00:16:39,640 the minister was referring to a new raft of legislation 255 00:16:39,680 --> 00:16:41,920 announced at the latest Nuremberg conference. 256 00:16:43,790 --> 00:16:46,360 Laws designed to regiment the lives of Germans 257 00:16:46,390 --> 00:16:48,070 based on their racial origin. 258 00:16:50,240 --> 00:16:51,880 And by their very presence, 259 00:16:52,320 --> 00:16:55,960 the 700 magistrates had already acquiesced to these laws. 260 00:16:58,000 --> 00:16:59,430 The main one 261 00:16:59,790 --> 00:17:04,560 was called the law for the protection of German blood. 262 00:17:05,960 --> 00:17:09,560 It enshrined not only the biologisation of politics, 263 00:17:09,960 --> 00:17:12,280 but also the biologisation of the law. 264 00:17:12,920 --> 00:17:15,200 It was a law that forbade the mixing of flesh 265 00:17:15,390 --> 00:17:16,430 and the mixing of blood. 266 00:17:16,750 --> 00:17:19,030 So it was a modification of the Civil Code 267 00:17:19,640 --> 00:17:20,920 because it affected marriage 268 00:17:20,960 --> 00:17:23,750 and the Penal Code because it sanctioned sexual relations. 269 00:17:23,920 --> 00:17:25,240 The idea was 270 00:17:25,280 --> 00:17:29,070 that different races are all separate zoological species, 271 00:17:29,110 --> 00:17:32,030 and any intermingling produces a monster. 272 00:17:35,200 --> 00:17:37,880 The Mischling, or literally mixture, 273 00:17:38,320 --> 00:17:39,560 produces a monster. 274 00:17:42,880 --> 00:17:46,200 A monster wherein the bad blood destroys the good. 275 00:17:47,150 --> 00:17:50,320 If you were to breed a Jew with a non-Jewish German, 276 00:17:50,790 --> 00:17:53,360 the Jewish wickedness and deviousness 277 00:17:53,390 --> 00:17:55,360 would overcome German intelligence. 278 00:17:59,430 --> 00:18:00,790 But then there had to be a way 279 00:18:00,830 --> 00:18:02,960 to distinguish who was Jewish and who wasn't. 280 00:18:03,030 --> 00:18:06,200 And there were doctors and scientists 281 00:18:06,360 --> 00:18:09,560 who worked to try to identify the criteria of Jewishness. 282 00:18:10,280 --> 00:18:12,830 There was no biological way to identify them, 283 00:18:13,030 --> 00:18:14,150 but they tried everything. 284 00:18:14,640 --> 00:18:18,240 Anthropometry of the ears, the skulls, the feet, 285 00:18:18,360 --> 00:18:20,830 the muscle formation, the blood groups, 286 00:18:22,000 --> 00:18:23,110 with no success. 287 00:18:24,790 --> 00:18:26,110 So as lawyers, 288 00:18:26,150 --> 00:18:27,880 they were then obliged to backtrack, 289 00:18:28,110 --> 00:18:31,000 which is what led to this somewhat sheepish law 290 00:18:31,030 --> 00:18:33,240 that looked towards cultural criteria. 291 00:18:33,390 --> 00:18:34,680 What made a person Jewish? 292 00:18:34,790 --> 00:18:36,110 Having Jewish grandparents 293 00:18:36,150 --> 00:18:37,880 who belonged to a Jewish community 294 00:18:37,920 --> 00:18:39,880 that attended the synagogue. Period. 295 00:18:44,640 --> 00:18:46,110 Two years previously, 296 00:18:46,320 --> 00:18:48,640 Lilo had been spared by the first purges, 297 00:18:48,680 --> 00:18:51,470 but this new law banned her from the community of the people. 298 00:18:55,600 --> 00:18:58,200 She had tainted Jewish blood from her father, 299 00:18:58,640 --> 00:19:01,680 which made her a Mischling, a monster. 300 00:19:09,200 --> 00:19:10,750 In October 1935, 301 00:19:10,790 --> 00:19:12,560 a month after the law was published, 302 00:19:12,960 --> 00:19:15,110 she was excluded from the legal profession. 303 00:19:19,920 --> 00:19:21,150 In December, 304 00:19:21,200 --> 00:19:22,920 her father, Martin Kuznitzky, 305 00:19:22,960 --> 00:19:25,240 was banned from practising medicine. 306 00:19:41,880 --> 00:19:43,880 Alongside these racial laws 307 00:19:43,920 --> 00:19:46,640 came new texts, decrees, and articles 308 00:19:46,880 --> 00:19:49,790 compiled by German lawyers in new legal tracks. 309 00:19:51,790 --> 00:19:54,070 Germany's Jews, who were particularly targeted, 310 00:19:54,110 --> 00:19:55,960 found their lives had become a hell. 311 00:19:57,280 --> 00:20:00,280 State hospitals would not admit patients who were Jewish. 312 00:20:01,960 --> 00:20:04,750 If they were officers in the army, they were expelled. 313 00:20:06,470 --> 00:20:08,920 As students, they could no longer get a degree, 314 00:20:09,320 --> 00:20:12,710 and before long, they were asked to declare their belongings. 315 00:20:15,710 --> 00:20:18,110 It begs the question, 316 00:20:18,150 --> 00:20:20,240 who were these rules aimed at? 317 00:20:20,560 --> 00:20:23,790 They were written. They looked like laws or decrees. 318 00:20:24,470 --> 00:20:26,030 They looked like regulations. 319 00:20:26,710 --> 00:20:28,200 But who were they aimed at? 320 00:20:28,320 --> 00:20:31,030 It was the total suppression of the subject of the law 321 00:20:31,070 --> 00:20:32,110 for Jews. 322 00:20:32,560 --> 00:20:34,750 And as for those in the wider community, 323 00:20:35,790 --> 00:20:39,680 they only had rights within the framework of that community. 324 00:20:40,280 --> 00:20:43,110 That meant that in everything they did, 325 00:20:43,150 --> 00:20:44,790 even the most private, 326 00:20:45,150 --> 00:20:47,920 trivial, and even intimate acts 327 00:20:48,240 --> 00:20:50,030 of their sexual life, 328 00:20:50,320 --> 00:20:51,320 their life, 329 00:20:51,560 --> 00:20:54,710 they became a servant of the community. 330 00:21:02,510 --> 00:21:03,640 It was now official. 331 00:21:03,750 --> 00:21:05,790 Love was no longer enough. 332 00:21:09,830 --> 00:21:12,150 Henceforth, blood would decide, 333 00:21:12,200 --> 00:21:13,960 and the choice of a soulmate 334 00:21:14,000 --> 00:21:16,680 would be first subjected to a medical examination. 335 00:21:20,110 --> 00:21:23,750 There was an imperative of purity that even Arians had to respect. 336 00:21:24,680 --> 00:21:27,560 Some, rather than risk being excluded from their community, 337 00:21:27,880 --> 00:21:30,430 chose to divorce their spouse if they were Jewish. 338 00:21:34,830 --> 00:21:37,110 The seismic effect of these racial laws 339 00:21:37,150 --> 00:21:39,030 led to a new wave of emigration. 340 00:21:41,360 --> 00:21:43,710 This is exactly what the Nazis had intended, 341 00:21:44,390 --> 00:21:46,680 to encourage Jews to leave the countries 342 00:21:46,710 --> 00:21:49,390 and to rid the German nation of their presence. 343 00:22:05,830 --> 00:22:08,000 During the 1936 conference, 344 00:22:08,030 --> 00:22:11,880 Werner Best defended the idea that the German police 345 00:22:11,920 --> 00:22:14,710 were now the doctor of the German body politic. 346 00:22:15,600 --> 00:22:18,150 The Nazis were so obsessed with biology 347 00:22:18,200 --> 00:22:22,000 that they saw the German nation as a biological organism, 348 00:22:22,390 --> 00:22:25,680 and the police officer or lawyer could act as its doctor. 349 00:22:26,560 --> 00:22:29,280 If a body part was gangrenous, it had to be amputated. 350 00:22:30,750 --> 00:22:32,880 A shame, the body part would suffer, 351 00:22:32,920 --> 00:22:34,680 but it was better for the body as a whole. 352 00:22:35,150 --> 00:22:37,560 So you can see the potential for legitimisation. 353 00:22:37,960 --> 00:22:40,710 You were no longer considered violent or a criminal 354 00:22:40,750 --> 00:22:42,750 if you hit someone or killed someone. 355 00:22:43,070 --> 00:22:44,390 You were like a doctor, 356 00:22:44,430 --> 00:22:48,470 removing a rotten tooth or amputating a gangrenous limb. 357 00:22:48,710 --> 00:22:50,110 It was completely different 358 00:22:50,150 --> 00:22:52,030 because you were saving the entire body, 359 00:22:52,110 --> 00:22:54,510 the social body, the racial body. 360 00:22:58,240 --> 00:23:00,150 It was thanks to Himmler's SS 361 00:23:00,200 --> 00:23:01,880 that the police became the guarantors 362 00:23:01,920 --> 00:23:03,750 of the social body's good health. 363 00:23:06,430 --> 00:23:07,790 Himmler said it publicly, 364 00:23:08,960 --> 00:23:10,920 Yes, we break the law, 365 00:23:11,150 --> 00:23:13,110 and we break it vigorously, 366 00:23:13,600 --> 00:23:15,920 but we do it to uphold the true law. 367 00:23:18,200 --> 00:23:21,070 That's why Werner Best, now in charge of recruitment, 368 00:23:21,360 --> 00:23:23,680 had no trouble convincing Himmler and Heydrich 369 00:23:23,710 --> 00:23:25,710 of the necessity of favouring lawyers. 370 00:23:29,880 --> 00:23:34,790 Himmler and Heydrich were two fine organisational minds. 371 00:23:35,240 --> 00:23:37,830 Imperatives drove them, on the one hand, 372 00:23:37,880 --> 00:23:41,360 to accept to put at the head of these organisations a lawyer 373 00:23:41,680 --> 00:23:43,790 who was convinced of the excellence of lawyers 374 00:23:43,830 --> 00:23:45,390 in organisational positions, 375 00:23:45,430 --> 00:23:47,030 i.e. Best, 376 00:23:47,070 --> 00:23:48,640 and on the other hand, 377 00:23:49,030 --> 00:23:50,600 a number of theorists 378 00:23:50,640 --> 00:23:54,110 who stood out for both their academic excellence 379 00:23:55,360 --> 00:23:57,640 and for their radical ideology. 380 00:23:59,390 --> 00:24:02,470 People like Reinhard Höhn like William Spengler, 381 00:24:03,710 --> 00:24:05,680 people like Franz Six, 382 00:24:06,360 --> 00:24:09,240 the tentacles of the SS Octopus were everywhere. 383 00:24:13,070 --> 00:24:15,280 For example, more and more often, 384 00:24:15,320 --> 00:24:18,430 there was a Minister in the Ministry of Foreign Affairs, 385 00:24:19,560 --> 00:24:22,470 the Ministry that was supposed to represent Germany, 386 00:24:22,710 --> 00:24:24,470 wearing an SS uniform. 387 00:24:28,710 --> 00:24:32,920 In that same year, 1936, the SS entered the Law Academy. 388 00:24:33,240 --> 00:24:35,070 It was represented by Werner Best, 389 00:24:35,510 --> 00:24:37,880 who was presiding over the Police Law Commission. 390 00:24:40,150 --> 00:24:41,640 He was close to power 391 00:24:41,680 --> 00:24:44,680 but remained discrete as he was in the secret police. 392 00:24:46,280 --> 00:24:48,430 This is the only contemporary footage of him 393 00:24:48,470 --> 00:24:51,710 in the Ministry of the Interior, next to Reinhard Heydrich, 394 00:24:52,070 --> 00:24:53,790 second in command to Himmler. 395 00:24:57,360 --> 00:24:59,470 Himmler, a man on the rise. 396 00:25:00,470 --> 00:25:02,920 These images bear witness of the growing power 397 00:25:02,960 --> 00:25:05,920 that the SS had accrued since the Night of the Long Knives. 398 00:25:06,560 --> 00:25:07,880 And in the ensuing years, 399 00:25:07,920 --> 00:25:10,320 the men in the uniforms bearing the Death's Head 400 00:25:10,360 --> 00:25:12,560 would have an influence on changes in the law. 401 00:25:15,150 --> 00:25:17,320 On February 10th, 1936, 402 00:25:17,360 --> 00:25:19,600 came the enactment of a law written by Best 403 00:25:19,640 --> 00:25:22,150 that increased the powers of the Prussian Gestapo 404 00:25:22,320 --> 00:25:23,880 and reinforced the Schutzhaft. 405 00:25:25,640 --> 00:25:27,790 On June 17th, 1936, 406 00:25:27,830 --> 00:25:29,960 Himmler was appointed chief of all police, 407 00:25:30,000 --> 00:25:31,960 and set about centralising them. 408 00:25:33,150 --> 00:25:35,280 On July first, 1937, 409 00:25:35,320 --> 00:25:38,790 Reinhard Heydrich signed a decree prepared by Werner Best 410 00:25:38,830 --> 00:25:41,710 that legalised the use of torture during interrogations. 411 00:25:43,390 --> 00:25:45,070 In August 1938, 412 00:25:45,110 --> 00:25:47,280 Jews who did not have a Jewish first name 413 00:25:47,320 --> 00:25:48,790 were forced to add Israel 414 00:25:48,830 --> 00:25:51,470 or Sara to their identification documents. 415 00:25:54,790 --> 00:25:56,560 From 1938 onwards, 416 00:25:56,750 --> 00:25:58,110 the Nazis decided 417 00:25:58,150 --> 00:26:00,560 that they wanted the Jews to leave Germany. 418 00:26:00,920 --> 00:26:03,430 But they could no longer do so voluntarily, 419 00:26:03,710 --> 00:26:05,880 and so would have to be forced to leave. 420 00:26:29,120 --> 00:26:30,360 It was enforced through violence, 421 00:26:30,400 --> 00:26:33,230 such as on the 9th of November 1938, 422 00:26:33,270 --> 00:26:35,590 which was badly dubbed Kristallnacht, 423 00:26:35,640 --> 00:26:37,040 but also by setting up, 424 00:26:37,080 --> 00:26:40,360 as they did in Vienna from March 1938, 425 00:26:40,440 --> 00:26:42,550 what we might call centres 426 00:26:42,680 --> 00:26:44,870 for the promotion of Jewish emigration 427 00:26:44,910 --> 00:26:46,640 that was put in place by Eichmann. 428 00:26:52,830 --> 00:26:55,680 During the two terrible days of Kristallnacht, 429 00:26:55,870 --> 00:26:57,720 no one had knocked on Lilo's door, 430 00:26:58,190 --> 00:27:00,040 and she was again spared the worst. 431 00:27:00,870 --> 00:27:02,230 For good reason, 432 00:27:02,440 --> 00:27:05,230 the name Kuznitzky no longer appeared on the door. 433 00:27:07,230 --> 00:27:09,270 Lilo was saved by marriage certificate. 434 00:27:11,760 --> 00:27:12,830 Three months earlier, 435 00:27:12,870 --> 00:27:15,440 on July 27th, 1938, 436 00:27:15,470 --> 00:27:18,720 she had married Erich Gloeden, a Berlin architect. 437 00:27:19,950 --> 00:27:21,800 It was her husband's good German name 438 00:27:21,830 --> 00:27:24,550 that saved Lilo during the Kristallnacht arrest. 439 00:27:30,320 --> 00:27:32,800 Although Gloeden was not her husband's real name, 440 00:27:33,230 --> 00:27:35,230 he was really called Loevy, 441 00:27:35,760 --> 00:27:36,760 a Mischling, 442 00:27:36,800 --> 00:27:40,120 a mixture in the eyes of the Nazis, like Lilo. 443 00:27:40,910 --> 00:27:43,000 But very early on, at his father's behest, 444 00:27:43,360 --> 00:27:45,870 Erich had been adopted by an Arian friend, 445 00:27:46,150 --> 00:27:47,360 Bernhard Gloeden. 446 00:27:48,470 --> 00:27:51,680 This cover-up was designed to make it easier for him to assimilate 447 00:27:51,760 --> 00:27:53,080 and protect his career. 448 00:27:55,400 --> 00:27:57,550 This is very important 449 00:27:57,590 --> 00:28:00,440 because it's a 1918 adoption certificate. 450 00:28:02,320 --> 00:28:05,440 The people concerned would henceforth bear the name Gloeden, 451 00:28:05,760 --> 00:28:07,910 with no mention of their original surname. 452 00:28:08,590 --> 00:28:11,230 Yes, it was important to not use both names. 453 00:28:12,230 --> 00:28:14,400 This is a wedding photo from 1938. 454 00:28:17,120 --> 00:28:19,400 And this is a wonderful picture of him. 455 00:28:21,590 --> 00:28:24,680 He was the second son of Siegfried Loevy, 456 00:28:24,720 --> 00:28:26,190 who ran a large factory. 457 00:28:27,230 --> 00:28:30,360 Actually, it was the biggest Bronze foundry in Berlin. 458 00:28:33,720 --> 00:28:36,550 In 1916, during World War I, 459 00:28:36,590 --> 00:28:39,470 they were given the job of affixing a motto 460 00:28:39,510 --> 00:28:41,950 in a font created by Peter Behrens 461 00:28:42,000 --> 00:28:43,680 on the Reichsteig building. 462 00:28:44,150 --> 00:28:48,360 Dem deutschen Volke to the German people. 463 00:28:54,230 --> 00:28:56,080 Up until 1938, 464 00:28:56,120 --> 00:28:57,830 the Loevy business's reputation 465 00:28:57,870 --> 00:28:59,870 protected it from the Nazis control while 466 00:28:59,910 --> 00:29:01,720 while in the mid-1930s, 467 00:29:02,040 --> 00:29:04,640 almost two-thirds of Jewish-owned businesses 468 00:29:04,680 --> 00:29:05,800 had been confiscated. 469 00:29:08,550 --> 00:29:12,470 The day after Kristallnacht, November 12, 1938, 470 00:29:12,510 --> 00:29:16,040 a decree regarding the eradication of Jews from German economic life 471 00:29:16,270 --> 00:29:19,400 made this plunder official and precipitated their ruin. 472 00:29:21,360 --> 00:29:23,150 If they chose to leave the country, 473 00:29:23,440 --> 00:29:24,800 the racket continued. 474 00:29:26,910 --> 00:29:29,230 Anyone wanting to definitively cross the border 475 00:29:29,640 --> 00:29:31,230 had to pay a departure tax. 476 00:29:36,870 --> 00:29:37,870 Other Germans 477 00:29:37,910 --> 00:29:40,230 who deserve to belong to the community of the people 478 00:29:40,440 --> 00:29:42,360 could enjoy the Nazi's largesse, 479 00:29:42,440 --> 00:29:44,510 such as at Christmas 1938. 480 00:29:53,320 --> 00:29:54,760 To wander through Berlin 481 00:29:54,800 --> 00:29:56,830 is to walk in the wake of history 482 00:29:57,230 --> 00:29:58,440 and to meet ghosts. 483 00:30:03,680 --> 00:30:07,040 Hans Litten's traces led to one of the worst German camps, 484 00:30:07,640 --> 00:30:08,760 Dachau, 485 00:30:09,230 --> 00:30:12,080 which is where he ended up in 1938. 486 00:30:15,590 --> 00:30:17,230 His ill-treatment continued 487 00:30:17,270 --> 00:30:19,950 because as well as being pursued by Hitler's hatred, 488 00:30:20,000 --> 00:30:21,910 he was born to a Jewish family. 489 00:30:26,400 --> 00:30:28,040 A few days after he arrived, 490 00:30:28,360 --> 00:30:31,120 he managed to get a clandestine message out to his family. 491 00:30:33,320 --> 00:30:35,190 Because of the diffusion of awful news 492 00:30:35,230 --> 00:30:38,400 about the Dachau concentration camp by Jews living abroad, 493 00:30:39,080 --> 00:30:40,640 we have been isolated here 494 00:30:40,870 --> 00:30:43,640 and have been forbidden to write until further notice. 495 00:30:46,120 --> 00:30:47,870 His mother, Irmgard Litten, 496 00:30:47,910 --> 00:30:50,640 would later describe her son's ordeal from England, 497 00:30:50,680 --> 00:30:53,440 where she took refuge to carry on her son's struggle. 498 00:30:56,270 --> 00:30:59,510 May I ask you to tell Movietone of your own experience? 499 00:30:59,760 --> 00:31:04,000 I am the mother of Hans Litten, a young lawyer in Berlin 500 00:31:04,360 --> 00:31:07,150 who devoted all his time and strength 501 00:31:07,190 --> 00:31:10,830 to defending working people and anti-fascists. 502 00:31:12,000 --> 00:31:16,150 He personally cross-examined Hitler in a murder trial, 503 00:31:16,590 --> 00:31:18,640 and Hitler committed perjury. 504 00:31:19,400 --> 00:31:21,510 He never forgave my son. 505 00:31:22,910 --> 00:31:24,400 After five years 506 00:31:24,440 --> 00:31:27,040 in one concentration camp after the other, 507 00:31:27,440 --> 00:31:31,040 five years of most brutal torture, 508 00:31:31,270 --> 00:31:32,640 my son died. 509 00:31:33,150 --> 00:31:34,640 How is it, Frau Litten? 510 00:31:35,230 --> 00:31:36,720 Hans Litten's cause of death 511 00:31:36,760 --> 00:31:39,190 was officially recorded as suicide by hanging. 512 00:31:43,040 --> 00:31:46,360 As Fritz Lang had symbolically predicted in his film, M, 513 00:31:46,680 --> 00:31:49,640 the darkness and its menacing shadows seemed to be winning. 514 00:31:49,760 --> 00:31:50,910 (whistling) 515 00:31:54,470 --> 00:31:56,950 And Nazi law was also triumphant in the courts 516 00:31:57,000 --> 00:31:59,680 over the law of those they had sworn to rid themselves of. 517 00:32:04,230 --> 00:32:07,590 The shadow of the guillotined loomed over the courthouses, 518 00:32:07,830 --> 00:32:09,590 as did that of the executioner, 519 00:32:09,830 --> 00:32:10,950 Johann Reichhart. 520 00:32:16,760 --> 00:32:18,080 Successive legal reforms 521 00:32:18,120 --> 00:32:20,270 had radicalised the penal justice system. 522 00:32:25,800 --> 00:32:27,640 An infraction of racial law, 523 00:32:27,830 --> 00:32:28,950 a stolen car, 524 00:32:29,360 --> 00:32:31,440 anything that constituted a betrayal 525 00:32:31,470 --> 00:32:33,190 of communal interest of the people 526 00:32:33,230 --> 00:32:34,270 could mean death. 527 00:32:36,190 --> 00:32:38,190 Conscientious, perfectionist, 528 00:32:38,230 --> 00:32:41,550 Johann Reichhart kept his diaries up to date meticulously, 529 00:32:42,470 --> 00:32:44,000 and his letters to the Ministry 530 00:32:44,040 --> 00:32:47,590 relentlessly suggested ways to fine-tune methods of execution. 531 00:32:50,550 --> 00:32:53,950 In 1938, five years after he returned to Germany, 532 00:32:54,190 --> 00:32:56,270 executions had increased tenfold. 533 00:32:57,080 --> 00:33:00,550 In 1939, the number of death sentences has doubled again. 534 00:33:02,400 --> 00:33:04,910 The Nazis recruited new executioners, 535 00:33:05,150 --> 00:33:07,590 and new execution centres appeared on the map. 536 00:33:08,120 --> 00:33:10,320 Reichhart's field of operations expanded. 537 00:33:10,800 --> 00:33:12,470 His workload increased, 538 00:33:13,320 --> 00:33:15,360 but he had no idea what awaited him. 539 00:33:20,760 --> 00:33:22,760 At the end of the summer of '39, 540 00:33:23,000 --> 00:33:25,230 the course of history suddenly accelerated. 541 00:33:33,760 --> 00:33:35,270 On September first, 542 00:33:35,320 --> 00:33:37,590 Nazi Germany declared war on Poland. 543 00:33:43,000 --> 00:33:45,590 This was the first act in a conflict 544 00:33:45,640 --> 00:33:48,950 that for six years would ravage Europe and become global. 545 00:33:50,550 --> 00:33:51,550 (explosion) 546 00:33:54,830 --> 00:33:55,830 (air raid siren) 547 00:34:06,800 --> 00:34:08,440 Under cover of this cataclysm, 548 00:34:08,680 --> 00:34:12,000 the Nazis would deal three further death blows to law and justice. 549 00:34:14,470 --> 00:34:17,120 Three dates definitively marked the descent into Hell 550 00:34:17,150 --> 00:34:19,150 of the Courts and German Magistrature. 551 00:34:24,440 --> 00:34:27,400 On September first, the very day he invaded Poland, 552 00:34:27,720 --> 00:34:29,910 Hitler launched Operation T4.. 553 00:34:35,120 --> 00:34:36,320 Hitler had always dreamed 554 00:34:36,360 --> 00:34:38,320 of exterminating mentally ill people 555 00:34:39,040 --> 00:34:42,360 because they tainted the purity of the German race. 556 00:34:44,000 --> 00:34:46,080 And he used the cover of war 557 00:34:46,120 --> 00:34:48,800 to begin a process known as Aktion T4. 558 00:34:52,760 --> 00:34:55,190 That was euthanasia of the mentally ill. 559 00:34:58,190 --> 00:34:59,640 What he was doing 560 00:34:59,680 --> 00:35:02,440 with the approval of his Chancellor, Philipp Bouhler, 561 00:35:03,150 --> 00:35:05,270 and his personal Dr. Karl Brandt, 562 00:35:06,510 --> 00:35:08,950 was authorising the killing of some of the inmates 563 00:35:09,000 --> 00:35:12,230 in asylums, mental hospitals, and other care homes. 564 00:35:14,720 --> 00:35:19,040 And he had calculated that one in 10,000 people had to die. 565 00:35:20,320 --> 00:35:22,320 Hitler refused to enact a law, 566 00:35:23,120 --> 00:35:24,720 and he signed a document 567 00:35:24,760 --> 00:35:27,150 that used a completely disingenuous argument, 568 00:35:28,640 --> 00:35:31,590 which was a Gnadentod or "mercy killing". 569 00:35:33,270 --> 00:35:35,400 It was the only document Hitler signed 570 00:35:35,440 --> 00:35:37,550 which granted them the mercy of death. 571 00:35:39,440 --> 00:35:43,400 So they went to fetch the infirm, a job entrusted to the SS. 572 00:35:43,800 --> 00:35:45,360 They took post office vehicles 573 00:35:45,400 --> 00:35:48,150 with closed blinds and took them away. 574 00:35:49,080 --> 00:35:50,230 Where to? 575 00:35:50,590 --> 00:35:51,760 The T4 centres. 576 00:35:52,120 --> 00:35:53,440 There were six in Germany, 577 00:35:53,720 --> 00:35:55,910 which housed the first gas chambers, 578 00:35:58,550 --> 00:36:00,720 and the families would be sent an urn. 579 00:36:04,000 --> 00:36:06,870 The T4 operation, 580 00:36:06,910 --> 00:36:09,080 which obviously was supposed to be secret, 581 00:36:09,120 --> 00:36:10,270 could simply not be. 582 00:36:10,320 --> 00:36:13,550 Seventy-thousand victims in two years was too significant. 583 00:36:14,470 --> 00:36:17,000 These were members of German families being murdered. 584 00:36:17,680 --> 00:36:21,000 So there was outrage in the media, politically, 585 00:36:21,510 --> 00:36:24,190 but also legally, with complaints made. 586 00:36:24,440 --> 00:36:27,320 And the Secretary of State at the Justice Ministry, 587 00:36:27,590 --> 00:36:28,800 Schlegelberger, 588 00:36:29,270 --> 00:36:31,270 met the chief prosecutors 589 00:36:31,830 --> 00:36:34,360 to decide how to proceed 590 00:36:35,270 --> 00:36:38,320 and asked the various German prosecutors 591 00:36:38,360 --> 00:36:41,080 to not carry on with it. 592 00:36:43,590 --> 00:36:46,120 Secretary of State, Franz Schlegelberger, 593 00:36:46,270 --> 00:36:47,360 presided over a meeting 594 00:36:47,400 --> 00:36:49,760 of the 80 most senior magistrates in Germany. 595 00:36:53,230 --> 00:36:54,830 Note-taking was forbidden. 596 00:36:55,470 --> 00:36:58,870 However, one of those present did make notes in his journal. 597 00:36:59,640 --> 00:37:01,870 Thanks to this historic evidence, 598 00:37:01,910 --> 00:37:04,550 we know today that they were all fully informed 599 00:37:04,590 --> 00:37:06,760 of the conditions of this mass extermination. 600 00:37:12,550 --> 00:37:13,550 This time, 601 00:37:13,760 --> 00:37:17,720 by turning a blind eye to the murders of 70,000 disabled people, 602 00:37:18,000 --> 00:37:20,590 the German judiciary became complicit. 603 00:37:25,470 --> 00:37:29,400 The country was at war, and to argue was tantamount to treason. 604 00:37:30,830 --> 00:37:34,080 The Nazis knew they could now do away with due process. 605 00:37:35,720 --> 00:37:37,230 In December 1939, 606 00:37:37,270 --> 00:37:40,190 Hitler officially abandoned the new law codification project 607 00:37:40,230 --> 00:37:42,190 that Hans Frank was supposed to direct. 608 00:37:43,470 --> 00:37:46,720 Nazi law would now be applied with no recourse to any text. 609 00:37:48,230 --> 00:37:50,040 On June 22nd, 1941, 610 00:37:50,080 --> 00:37:52,590 after having defeated France and conquered part of Europe, 611 00:37:52,640 --> 00:37:54,640 Nazi Germany attacked Russia. 612 00:37:57,040 --> 00:37:58,550 In the summer of that year, 613 00:37:58,760 --> 00:38:00,000 the Einsatzgruppen, 614 00:38:00,040 --> 00:38:02,680 whose creation Werner Best had been part of, 615 00:38:02,950 --> 00:38:05,720 began eliminating Jews behind the lines by bullets. 616 00:38:13,320 --> 00:38:15,080 In September 1941, 617 00:38:15,320 --> 00:38:17,910 it became mandatory for Jews to wear the yellow star. 618 00:38:19,870 --> 00:38:22,230 On January 20th, 1942, 619 00:38:22,440 --> 00:38:25,360 during the Wannsee conference presided over by Heydrich, 620 00:38:25,680 --> 00:38:27,080 the SS informed the ministries 621 00:38:27,120 --> 00:38:29,080 of the implementation of the final solution. 622 00:38:38,720 --> 00:38:40,800 December 12th, 1942, 623 00:38:40,830 --> 00:38:42,320 the Führer issued a decree 624 00:38:42,360 --> 00:38:44,680 that merged the Nazi Party with the German state. 625 00:38:47,950 --> 00:38:49,680 January 1943, 626 00:38:49,720 --> 00:38:51,550 the British and American Air Forces 627 00:38:51,590 --> 00:38:53,640 began bombing raids on German cities. 628 00:38:56,910 --> 00:38:59,150 February second, 1943, 629 00:38:59,190 --> 00:39:02,150 after the bloody battle of Stalingrad and the USSR, 630 00:39:02,190 --> 00:39:05,080 German troops were forced to surrender for the first time. 631 00:39:10,120 --> 00:39:12,150 From 1943 onwards, 632 00:39:12,190 --> 00:39:13,870 the regime's attitude 633 00:39:13,910 --> 00:39:16,760 towards the power it had over the German population 634 00:39:16,800 --> 00:39:18,120 became radicalised. 635 00:39:18,830 --> 00:39:20,400 This was due to two factors. 636 00:39:20,830 --> 00:39:23,510 The Nazis war had become the Germans war 637 00:39:23,550 --> 00:39:25,510 because the fatherland was under threat. 638 00:39:28,270 --> 00:39:30,800 And it was also due to the appearance 639 00:39:30,830 --> 00:39:32,910 of very courageous forms of resistance. 640 00:39:33,760 --> 00:39:35,590 The White Rose movement, for instance. 641 00:39:36,400 --> 00:39:40,000 The fate that waited those people was dreadful. 642 00:39:46,440 --> 00:39:48,230 The resistance fighter Sophie Scholl's 643 00:39:48,270 --> 00:39:50,230 last words to her cellmate were, 644 00:39:50,270 --> 00:39:51,910 What does my death matter 645 00:39:51,950 --> 00:39:54,640 if by our acts thousands are warned or alerted? 646 00:39:57,680 --> 00:40:00,950 The 21-year-old emblematic figure of the White Rose Movement 647 00:40:01,000 --> 00:40:02,870 was led to the guillotine with her brother 648 00:40:02,910 --> 00:40:04,120 and one of their friends. 649 00:40:09,000 --> 00:40:11,360 On February 22nd, 1943, 650 00:40:11,720 --> 00:40:13,720 the last thing they saw in their short lives 651 00:40:13,760 --> 00:40:17,000 was the face of the executioner, Johann Reichhart. 652 00:40:21,150 --> 00:40:24,800 The following day, Reichhart was already in Vienna, Austria. 653 00:40:26,950 --> 00:40:28,950 20 people were to be beheaded that day. 654 00:40:29,230 --> 00:40:30,360 This was now routine. 655 00:40:31,590 --> 00:40:34,800 His bonuses meant he was earning more money than he ever had. 656 00:40:36,870 --> 00:40:38,360 But the pace had become frenetic. 657 00:40:38,760 --> 00:40:41,760 Johann Reichhart's future was now linked to Roland Freisler's. 658 00:40:42,800 --> 00:40:44,640 The radical lawyer who had been nominated 659 00:40:44,680 --> 00:40:46,320 as head of the Volksgerichtshof 660 00:40:46,360 --> 00:40:48,800 launched a merciless war against the enemy within. 661 00:40:50,510 --> 00:40:54,120 A single word out of place could mean a ticket to the scaffold. 662 00:40:57,440 --> 00:41:00,400 Helmuth Hubener, 17 years old, 663 00:41:00,440 --> 00:41:03,360 executed for listening to a foreign radio station. 664 00:41:04,150 --> 00:41:05,150 Erna Wazinski 665 00:41:05,190 --> 00:41:08,320 was executed for going to find food in a ruined building. 666 00:41:09,550 --> 00:41:11,720 Leo Katzenberger, a Jew, 667 00:41:12,400 --> 00:41:16,440 was executed by Reichhart for supposed racial defilement. 668 00:41:19,230 --> 00:41:21,150 Thousands and thousands of people died 669 00:41:21,190 --> 00:41:23,510 on the Nazi executioner's guillotine. 670 00:41:25,470 --> 00:41:27,950 And we don't really know if these figures are reliable, 671 00:41:28,320 --> 00:41:29,830 because they also executed people 672 00:41:29,870 --> 00:41:32,230 who were handed over to them by the Gestapo, 673 00:41:32,640 --> 00:41:35,120 and those people's names were not recorded. 674 00:41:40,470 --> 00:41:44,470 By the end of 1943, there were 22 execution centres. 675 00:41:46,590 --> 00:41:48,550 Between the 7th and 12th of September, 676 00:41:48,950 --> 00:41:52,680 250 people were executed at Plötzensee Prison in Berlin, 677 00:41:52,800 --> 00:41:54,400 an unprecedented number. 678 00:41:57,760 --> 00:41:58,870 On the last night, 679 00:41:59,040 --> 00:42:00,910 allied bombs caused a power cut, 680 00:42:00,950 --> 00:42:04,040 so the executioners completed their work by candlelight. 681 00:42:09,400 --> 00:42:12,470 How can you explain this remarkable rise in intensity? 682 00:42:13,230 --> 00:42:16,400 It was articulating the context and experience of the war 683 00:42:16,440 --> 00:42:17,510 on one hand, 684 00:42:17,760 --> 00:42:19,950 and a radical ideology on the other. 685 00:42:20,760 --> 00:42:22,400 The war the Nazis were experiencing 686 00:42:22,440 --> 00:42:23,590 made them more radical, 687 00:42:23,680 --> 00:42:25,470 and the war carried out by the Nazis 688 00:42:25,510 --> 00:42:27,120 made the war more radical, 689 00:42:27,190 --> 00:42:29,440 meaning that each fed off the other. 690 00:42:33,830 --> 00:42:34,870 Lilo Gloeden 691 00:42:34,910 --> 00:42:38,190 knew that the turmoil would soon catch up with her and her husband. 692 00:42:38,640 --> 00:42:42,270 Eric's family had lost everything and had been persecuted. 693 00:42:42,830 --> 00:42:44,360 On February 22nd, 694 00:42:44,400 --> 00:42:47,590 Erich's cousin, Ernst Loevy, was sent to Auschwitz 695 00:42:47,800 --> 00:42:50,360 and sent to the gas chamber as soon as he got off the train. 696 00:42:51,230 --> 00:42:53,760 So Lilo and her husband decided to join the resistance. 697 00:42:54,550 --> 00:42:55,590 For several months, 698 00:42:55,720 --> 00:42:57,270 they had been using fake documents 699 00:42:57,320 --> 00:42:59,080 to hide Jews hunted by the Gestapo. 700 00:42:59,640 --> 00:43:02,550 They were living dangerously, and Lilo knew it. 701 00:43:17,670 --> 00:43:19,120 Several people died, 702 00:43:19,240 --> 00:43:21,120 but Hitler miraculously survived. 703 00:43:24,390 --> 00:43:26,120 The fate of the authors of the plot 704 00:43:26,160 --> 00:43:27,950 would be commensurate with his wrath. 705 00:43:58,630 --> 00:44:01,630 Himmler decided to aid the police enquiries 706 00:44:01,950 --> 00:44:03,630 and clamp down on any plots 707 00:44:03,670 --> 00:44:07,350 by introducing what he called Sippenhaftung, 708 00:44:07,390 --> 00:44:10,030 the Sippe's or family's responsibility, 709 00:44:10,390 --> 00:44:13,120 which meant the whole family would be incarcerated. 710 00:44:14,670 --> 00:44:18,160 Such people were traitors to their very core. 711 00:44:19,200 --> 00:44:21,430 These people had tainted blood. 712 00:44:23,520 --> 00:44:25,200 That was the expression he used. 713 00:44:27,070 --> 00:44:31,520 And this tainted blood had to be eradicated to the last drop. 714 00:44:32,350 --> 00:44:33,350 In other words, 715 00:44:33,390 --> 00:44:36,600 it wasn't just the person who had taken part in the plot, 716 00:44:36,630 --> 00:44:38,840 who would be arrested and put to death. 717 00:44:39,560 --> 00:44:41,160 The whole family had to die. 718 00:44:45,280 --> 00:44:47,030 This Nazi fit of legal rage 719 00:44:47,070 --> 00:44:49,480 fulfilled the prophecy of Fritz Lang's film, M, 720 00:44:50,670 --> 00:44:53,920 and they obliterated what little remained of law and justice. 721 00:44:56,800 --> 00:45:00,350 The trial began in August 1944, and lasted seven months. 722 00:45:02,120 --> 00:45:04,670 One hundred civilians and military men involved in the plot 723 00:45:04,710 --> 00:45:06,630 appeared before the Volksgerichtshof, 724 00:45:06,670 --> 00:45:08,240 led by Roland Freisler, 725 00:45:08,520 --> 00:45:10,030 who flayed them with insults. 726 00:45:28,710 --> 00:45:29,990 On November 27th, 727 00:45:30,160 --> 00:45:33,390 a rather frail Lilo Gloeden, clad in a grey suit, 728 00:45:33,670 --> 00:45:35,070 stood before Roland Freisler. 729 00:45:36,950 --> 00:45:40,520 Alongside in her dock were her mother and her husband, Erich. 730 00:45:41,390 --> 00:45:42,800 Lilo knew they were doomed. 731 00:45:43,310 --> 00:45:45,560 One of the conspirators, General Lindemann, 732 00:45:45,920 --> 00:45:47,200 was hiding in their home. 733 00:45:48,200 --> 00:45:49,600 According to witnesses, 734 00:45:49,630 --> 00:45:52,280 Lilo challenged Freisler with legal arguments. 735 00:45:52,990 --> 00:45:55,710 One last time, for honour's sake. 736 00:45:58,310 --> 00:45:59,600 ♪ ♪ 737 00:46:08,430 --> 00:46:12,600 Three days later, at 5:30 PM, on November 30th, 1944, 738 00:46:13,390 --> 00:46:16,350 Lilo's mother was guillotined at Plötzensee Prison. 739 00:46:17,280 --> 00:46:20,430 At 5:32, Lilo died beneath the blade, 740 00:46:21,560 --> 00:46:23,120 two minutes before her husband. 741 00:46:24,120 --> 00:46:25,560 She was 40 years old. 742 00:46:29,520 --> 00:46:31,670 On February 3, 1945, 743 00:46:31,710 --> 00:46:33,520 the trial was drawing to a close, 744 00:46:33,750 --> 00:46:36,310 but an air raid siren interrupted proceedings. 745 00:46:47,310 --> 00:46:49,920 Roland Freisler was reluctant to suspend the trial. 746 00:46:50,880 --> 00:46:53,880 Obsessively, he gathered his files before fleeing. 747 00:46:57,560 --> 00:47:00,670 15,000 feet above him at the controls of a B-17, 748 00:47:01,120 --> 00:47:02,630 was Robert Rosenthal, 749 00:47:02,670 --> 00:47:05,710 a young lawyer from New York who had enlisted as a pilot. 750 00:47:07,670 --> 00:47:09,560 Things were not going well for him. 751 00:47:09,630 --> 00:47:11,390 One of his wings was on fire. 752 00:47:12,600 --> 00:47:15,350 But Robert was determined, and he was Jewish. 753 00:47:16,120 --> 00:47:17,920 Two good reasons to hold his course 754 00:47:17,950 --> 00:47:19,920 and to drop his bombs on the Nazi capital. 755 00:47:22,670 --> 00:47:26,800 At exactly 11:37, he activated the bomb bay. 756 00:47:40,990 --> 00:47:43,070 Not much was found of Roland Freisler, 757 00:47:43,480 --> 00:47:46,070 one of the most sinister figures in Nazi justice, 758 00:47:46,120 --> 00:47:48,160 in the ruins of the Volksgerichtshof. 759 00:47:53,520 --> 00:47:54,520 Three months later, 760 00:47:54,560 --> 00:47:56,520 Berlin was nothing more than a wasteland 761 00:47:56,560 --> 00:47:57,950 in the hands of the Red Army. 762 00:48:02,070 --> 00:48:05,480 On May eighth, 1945, the third Reich capitulated. 763 00:48:07,070 --> 00:48:09,350 Hitler and Goebbels had committed suicide. 764 00:48:10,070 --> 00:48:12,070 Himmler would soon do the same. 765 00:48:17,600 --> 00:48:20,240 And all that the Russians found in the Plötzensee Prison 766 00:48:20,280 --> 00:48:23,160 was an empty room where the guillotine still stood. 767 00:48:27,950 --> 00:48:28,950 In Munich, 768 00:48:29,120 --> 00:48:31,390 which had just been entered by American tanks, 769 00:48:31,670 --> 00:48:34,120 there was no trace of Johann Reichhart. 770 00:48:39,030 --> 00:48:41,240 On November 20th, 1945, 771 00:48:41,280 --> 00:48:43,390 a series of trials began in Nuremberg. 772 00:48:44,750 --> 00:48:46,390 Dozens of Nazi officials appeared 773 00:48:46,430 --> 00:48:48,310 before an international military tribunal. 774 00:48:50,160 --> 00:48:52,430 This was also the epilogue of a fight to the death 775 00:48:52,480 --> 00:48:53,990 between two visions of the law. 776 00:48:55,280 --> 00:48:56,600 For the first time in history, 777 00:48:56,840 --> 00:48:59,710 politicians were on trial for crimes against humanity. 778 00:49:02,710 --> 00:49:05,560 This could be seen as a turning point in history 779 00:49:05,600 --> 00:49:07,710 because Hans Frank, for one, 780 00:49:07,750 --> 00:49:11,280 was prosecuted and sentenced to death for war crimes 781 00:49:11,310 --> 00:49:12,880 and crimes against humanity. 782 00:49:13,520 --> 00:49:15,990 And this charge of crimes against humanity 783 00:49:16,030 --> 00:49:18,350 was used for the first time at Nuremberg. 784 00:49:19,560 --> 00:49:21,750 So Nuremberg was the birthplace 785 00:49:21,800 --> 00:49:23,670 of international criminal justice, 786 00:49:24,480 --> 00:49:26,800 a justice with a universal vocation. 787 00:49:27,430 --> 00:49:30,990 The complete opposite of what the Nazis advocated, 788 00:49:31,480 --> 00:49:33,600 international criminal justice, 789 00:49:33,630 --> 00:49:35,030 which was the forbearer 790 00:49:35,070 --> 00:49:37,800 of the current international criminal court. 791 00:49:38,120 --> 00:49:42,120 So in that sense, there is a symbolic victory for the law. 792 00:49:44,390 --> 00:49:45,800 The privilege 793 00:49:46,390 --> 00:49:49,200 of opening the first trial in history 794 00:49:50,350 --> 00:49:53,070 for crimes against the peace of the world 795 00:49:54,600 --> 00:49:56,880 imposes a grave responsibility. 796 00:49:59,120 --> 00:50:01,950 Dozens of Nazis appeared in the dock over eight months. 797 00:50:02,750 --> 00:50:04,280 Heading the bill of the accused 798 00:50:04,310 --> 00:50:06,520 were the architects of the perversion of law. 799 00:50:07,600 --> 00:50:09,750 Hans Frank, sentenced to death. 800 00:50:10,280 --> 00:50:12,840 Wilhelm Frick, sentenced to death. 801 00:50:13,390 --> 00:50:15,350 Göring, sentenced to death, 802 00:50:15,390 --> 00:50:17,710 committed suicide before he could be executed. 803 00:50:18,920 --> 00:50:20,710 Werner Best was tried in Denmark, 804 00:50:20,750 --> 00:50:23,350 where he had been sent as the Reich's representative. 805 00:50:24,070 --> 00:50:26,030 Condemned to death by Danish court, 806 00:50:26,070 --> 00:50:27,950 he spent only six years in prison. 807 00:50:29,120 --> 00:50:31,880 Later judged medically unfit to stand another trial, 808 00:50:32,280 --> 00:50:35,350 he would eventually die in his bed at the age of 86. 809 00:50:39,950 --> 00:50:42,200 In the wake of the Nuremberg trials, 810 00:50:42,430 --> 00:50:45,120 the Allies executed a long list of Nazis, 811 00:50:45,750 --> 00:50:47,430 but they did not have enough manpower 812 00:50:47,480 --> 00:50:48,950 to carry out the hangings. 813 00:50:51,480 --> 00:50:53,560 In an incredibly ironic twist of fate, 814 00:50:53,600 --> 00:50:56,430 a familiar silhouette appeared behind those condemned. 815 00:50:58,630 --> 00:50:59,990 Johann Reichhart. 816 00:51:00,600 --> 00:51:04,310 He had finally been caught by the Allies in 1946 817 00:51:04,480 --> 00:51:06,310 and narrowly evaded punishment, 818 00:51:06,670 --> 00:51:09,120 thanks to his expertise as an executioner. 819 00:51:11,840 --> 00:51:14,950 By executing his former Paymasters one by one, 820 00:51:15,390 --> 00:51:18,920 he made history as the most prolific executioner of all time, 821 00:51:19,800 --> 00:51:24,160 with a macabre record of 3,165 legal victims. 822 00:51:41,390 --> 00:51:44,560 Following the trials came the denazification of Germany. 823 00:51:47,070 --> 00:51:50,480 But the shadows of Nazism would loom for many more years. 824 00:51:53,160 --> 00:51:55,630 Using the pretext that they had acted in good faith 825 00:51:55,670 --> 00:51:57,710 in applying the laws in force at the time, 826 00:51:57,750 --> 00:52:00,630 the magistrates who operated during the Nazi era 827 00:52:00,670 --> 00:52:03,310 were exonerated by the new German Federal Republic 828 00:52:03,520 --> 00:52:04,800 10 years after the war. 829 00:52:05,840 --> 00:52:06,840 This decree, 830 00:52:06,880 --> 00:52:08,880 issued by the new Constitutional Court, 831 00:52:09,240 --> 00:52:12,840 remains in the memory under the name of judicial privilege. 65308

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