Judgment At Nuremburg Script - Dialogue Transcript

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Judgment At Nuremburg Script



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?



-1218 sir.




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.



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?



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.



This will be your staff, sir.

Mr. And Mrs. Halbestadt.






- Good afternoon.

- Good afternoon, Your Honor.






You've already met your driver, Schmidt.



I am at your service any time you need me.

Day or night.






Let's show him around

the rest of the place. Dan?



We're in the reception room.



Living room.



Study is in there.



There are two bedrooms on this floor,

three upstairs.



Furniture is part antique, part US Army.



The piano's showing signs of wear and tear,

but it's a genuine Bechstein.



Quite a view, isn't it, sir?



Senator, I really don't need all this.



The United States government

always does it right.



- You know that, Dan.

- Who used to live here?



An important Nazi general and his wife, sir.



Let's see. Is there anything else

Judge Haywood ought to know?



Sir, are there any questions?






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

- Yes, sir.



- What's your first name?

- Harrison. Harry.



Harry, look, I'm not West Point.



And all this formality gets me down a little,

not to say puts me ill at ease.



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 shop at the army commissary.



There isn't enough food at the local markets

for the Germans.



The driver knows where it is.



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

Thought you might want to look it over.



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.






Do you think

I really need the three servants?



It kind of makes me feel like a damn fool.



It helps them out, as well as you.

You see, here they eat.



I need three servants.



It's good to have a man

of your stature here, Dan.






I was the only man in America

qualified for this job.



Senator, you know I wasn't the first choice,

nor even the tenth.



- You know it, and I know it.

- What do you mean?



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 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.









Enjoy this place while you can.



You're going to be a pretty busy fellow.



Thanks for everything, Senator.



- See you tomorrow, Judge.

- Right.



Shall we take these upstairs?



Yes. Thank you.



- Here, I can take that...

- No, let me take it. Please.



Here they come.



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?



Not guilty.



The question was, are you represented

by counsel before this tribunal?



I am represented.



How do you plead to the charges

and specifications...



in the indictment against you?

Guilty or not guilty?



Not guilty on all counts.



Friedrich Hoffstetter?



Are you represented by counsel

before this tribunal?



I am represented.



How do you plead? Guilty or not guilty?



You may be seated.



Werner Lammpe?



Are you represented by counsel

before this tribunal?






Yes, of course. I am represented.



How do you plead to the charges?

Guilty or not guilty?



You may be seated.



Ernst Janning?



Are you represented by counsel

before this tribunal?



Are you represented by counsel

before this tribunal?



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?



Your Honor, may I address the court?



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...












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.



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.



May it please the tribunal...



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     .



Received the degree

of Doctor of Law in     .



Became a judge in East Prussia in     .



Following WWI, 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     .



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.



If it's all right with you,

Byers can file these briefs later.



That was quite a damning speech

by Col. Lawson, wasn't it?



I wonder if those men in the dock

can really be responsible...



for the things he listed in the indictment.



I've been here for two years,

and after 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 Liège.



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



My son was in the    st.



He's buried in the American cemetery

outside Liège.



I'm sorry.



That's all right.



See you Monday, Dan.



Coming my way?



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

I'm waiting for some records from Byers.






Here are the reports you asked for, sir.



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?

- 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?






A girl?






Her parents were Nazis,

but she was eight 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.



Will there be anything else?



No, I think I'll just take a walk around town

on my own.



Try the old section.

Everyone stops for beer and sausage there.



Thank you.



- Do you understand English?

- Yes, a little.



- What did she say?

- She said, "Goodbye, Grandpa."



Are they treating you all right?



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?






I intend to represent your case

with complete dignity.



There will be...



no appeal to sentiment,

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?






Thank you.



Dr. Wieck, do you know the defendant,

Ernst Janning?



Yes, I know him.



Will you tell us in what capacity?



We served in the Ministry of Justice together

from      till     .



Did you know him before that?






He was a law student of mine.



- Did you know him well?

- Yes.



- Was he a protégé of yours?

- Yes.






He was always a man of great intelligence.



He was a man born with the qualities

of a great legal mind.



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.



Now, would you describe

the contrast, if any...



after the coming to power

of National Socialism in     ?



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.



Now, Dr. Wieck...



Col. 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     ?



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     ?



Yes, sir.



Did Ernst Janning wear a swastika

on his robe?






That's all. Thank you.



Herr Rolfe.



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?






Would you say there was internal disunity?






Was there a Communist Party?






Was it the third-largest party in Germany?






Would you say...



that National Socialism helped to cure

some of these conditions?



Yes, but at a terrible price...



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.



You were not in the administration...



from the years      to     ...



by your own admission.



Is it not possible

that your view of the administration...



might be distorted?



No. It is not.



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.



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?



Yes. I am aware of that.



Are you aware that it has advocates

among leading citizens in 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?



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.



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.



Did you ever swear

to the Civil Servant Loyalty Oath of     ?



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     ?



Everyone did.



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,     ?



"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.






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?



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!



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.



One thing that even the German machine,

with its monumental efficiency...



has been unable to destroy...






All the victims.

More victims than the world has ever known.



- They will walk into this courtroom...

- 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?



There are a lot of things that happened here

that nobody understands.



I know.



But the prosecution will have to prove...



every inch of its allegation...



against a man like Janning

if I'm to pronounce sentence on him.



Gentlemen, I'm on my way. Coming, Ken?






There's just this business

on the curtailment of rights.






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.



She has a feeling

that you might be Ionely here.



No, thanks, Curtiss. Thanks very much.



You know how these wives are.

They love to play Cupid.



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, Dan.



Mrs. Halbestadt, could I...









Your Honor, this is Madame Bertholt.



This is His Honor, Judge Haywood.



Madame Bertholt, this is her house.



She came to get some of her belongings

from the basement.



I didn't know she was coming.



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. Not at all.



You can examine what I have here,

if you like.



Of course not.



Then I'll just take these out.



- Here.

- Thanks, Mrs. Halbestadt.



- Let me help you.

- No. I can manage all right.



I'll take these outside. Please.



Good night.



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     please.

- Yes, madam.



Sit down.



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



Yes, Your Honor.



How long did she live here?



Madame Bertholt?



Madame Bertholt and her family have lived

here for many generations, Your Honor.



Thank you.



Your Honor, you came in here

for something?



I was just going to make myself a sandwich.



- We will make it for you.

- No.



- We will make anything you want.

- 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.



What was it like,

living under National Socialism?



What was it like?



Yes. I mean, day to day?



You know, I know many people at home

like you.



You're good people. I believe that.



What was it like for you, living under Hitler?



We were not political.

Mr. Halbestadt and I are not political.



No, but...



you must have been aware of some

of the events that were going on.



Many things were going on.



There were parades.



Hitler and Goebbels came here every year.



What was it like?



We never attended meetings. Never.



I'm not trying to put you on trial.



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



- Here's your sandwich, Your Honor.

- Thank you.



You're welcome.



Thank you.



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.



How can you ask

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 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 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.



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



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.



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.    ...



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.    ...



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,

may I ask the defense a question?






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.



I do.



Will you please tell the court your full name

and place of residence?



Rudolph Petersen.

Frankfurt am Main, Gratweg Nummer  .



When were you born, Mr. Petersen?



May        .



And what is your occupation?



I'm a baker's helper.



Are your parents living?






What were the causes of their deaths?



Mr. Petersen, did they die of natural causes?



Yeah, natural.



What political party

did your father belong to?



The Communist Party.



Now think back.



Do you remember anything unusual...



that happened to you and your family

in     ...



before the Nazis came to power?



I mean, anything of a violent nature.






How old were you at the time?






Would you please tell the court

what happened?



Some SA men broke into our house...



and they broke the windows and the door...



and they called us traitors...



and they tried to beat up my father.



What happened then?



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 national elections.



You mean the time the National Socialists

came to power?






What happened after     ...



after the Nazis came to power?



I got a job on a farm...



but for the work,

to drive a truck 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 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.



What happened in the courtroom?



They asked me my full name...



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.



Did they ask you any more questions?



No. They told me that

I would be hearing from them in ten days.



I see. Now, Mr. Petersen...



I'd like you to look at something.



Do you recognize it?






Would you please read it for the tribunal?



"District Court of Stuttgart.



"The baker, Rudolph Petersen,

born May        ...



"son of railway employee, Hans Petersen...



"is to be sterilized."



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."



Please read the signature at the bottom.



"Presiding Justice Hoffstetter."



Would you read

what is written below the signature?



- Below?

- 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 did you return?



- Did I what?

- Did you return?






And what happened then?



The police came.



Where did they take you?



To the hospital.



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 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.



Then the doctor came in

who was supposed to do the...



And he said he thought it was awful.



Were you, in fact, sterilized?



Thank you very much, Mr. Petersen.



That's all.



Herr Rolfe?



Mr. Petersen...



you may take your earphones off now,

if you want to.



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 what did he do?



He would raise and lower the barrier...



at the crossing, for traffic.



And you spoke about your brothers.

How many brothers do you have?






And sisters?






- Then you are a family of ten?

- Yes.



What occupations do your brothers have?






All laborers? I see.



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?



Nothing else.



Are you sure?



Are you sure there were no questions

about your schooling?






The witness

has already answered that question.



Objection sustained.



May I ask you...



how long did you attend school?



Six years.



Six years? Why not longer?



I had to go to work.



Would you consider yourself

a very bright fellow at school?






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.






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?






In the decision that came down

from Stuttgart...



it is stated that your mother suffered

from hereditary feeble-mindedness.



That is 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.



Was the court in Stuttgart

constituted like this one?



I don't understand what...



Was there an audience?



An audience? Yes.



Thank you.



Objection overruled.



"Hare," "Hunter," "Field."



Take your time.



They had already made up...



When I walked into the court,

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 had to lay there.



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 what you say.






I want to show you. I have here 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.



Court is adjourned.



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?



He was a personal protégé of FDR.



FDR had a few friends who weren't radicals,

didn't he?



Name one.



Wendell Wilkie.



Is he your idea of a conservative?



As a matter of fact, Dan,

I've been wondering how you stand.



I'll clarify that for you, Curtiss.

I'm a rock-ribbed Republican...



who thought that Franklin Roosevelt

was a great man.



One of those?






- 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.



- I'm sorry, this is Judge Ives.

- Hello.



- Mrs. Ives.

- How do you do?



- How do you do?

- Judge Haywood, Mrs. Bertholt.



- We have met.

- Yes, we have.



Won't you join us for a drink?



We would like to very much.



- Max, will you sit here?

- 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.



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?

- Yes. See what the ladies will have.



How about some more beer, Dan?



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.



- You got home all right the other night?

- Yes, thank you.



I don't know what I would have done

without the car.



You speak 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.



I'm afraid mainly the road between my house

and the Palace of Justice.



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.

- It's nothing.



You see, I have a mission with

the Americans, as Mr. Perkins can tell you.



What is that?



To convince you that we're not all monsters.



- Good evening, Colonel.

- Good evening.



Colonel. Maj. Radnitz.



Good evening, Mrs. Bertholt.



I hope you'll excuse me.



But you've just come...



No, I must go. Please excuse me.

It was awfully nice meeting you.



If you want to hear the concert,

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



- Thank you.

- Good night.



- Good night.

- Good night, Mrs. Bertholt.



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 Gen. Bertholt today.



I'm sure there are.



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



all the prisoners in Nuremberg

should be free today.



All of them. Let...



Excuse me.



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.






It's good beer.

They make it good in this country.



You know, 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 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 Mrs. Bertholt.



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.



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.



That might be emotionally satisfying

to you...



but it wouldn't be exactly practical,

and hardly fair.



Hardly fair?












That's right, let's be fair.



"The hare was shot by the hunter

in the field."



It's really quite simple.



Colonel, I think we ought to be going.



Yes, we really shouldn't be discussing this.



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.



- 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.



Maj. McCarthy, Maj. Citron,

Maj. Cantor, Capt. Byers...



Capt. Connell, Capt. Douglas, Capt. Wolfe...



Maj. Booth, and Maj. Rice.



Thank you. You can continue dancing.



Harry, what is it?



The Russians have made their move

in Czechoslovakia.



It's rumored Masaryk committed suicide.

We're sending units up.



What do you think's going to happen?



I don't know.



Judge Haywood...



Elsa Scheffler.



"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."



Herr Janning, did you hear this?



Did you hear what's in the paper?

Exactly what Hitler said.



"The clash for survival

between East and West."



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 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.



Good evening. Did you like it?



Yes, 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, I would.



I won't need the car now.

I'll walk with Mrs. Bertholt.



- Shall I wait for you, Your Honor?

- That won't be necessary.



I'll wait for you, Your Honor.



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.



I wish you understood German.



The words are very beautiful.



Very sad.



Much sadder than 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.



- 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.



It's either one of the virtues

or one of the defects of our judicial 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?



I really am not at liberty to discuss the case

outside of the courtroom.



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?






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.






We found Irene Hoffman.



- Where?

- Berlin.



Berlin, eh?



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?



Colonel, please!



I told you 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.



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 and live with these people.



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.






Emil Hahn will be there?



Yes. In the dock.



Ernst Janning?






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,

   hours a day.



You do not have to go.

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 on the stand themselves.



- You do not owe it to anybody!

- Yes, you do!



You owe it to one person, at least.



In the night...



every night...



we've known somehow

it would come to this.



Dr. Geuter, do you recognize that headline?



Yes, sir.



Would you read it to the tribunal?



"Death to the race defiler."



In what newspaper did it appear?



In Julius Streicher's Der Sturmer.



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.






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 charge

that is referred to in the 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 September     

I was contacted by the police.



They said that Mr. Feldenstein

was being held...



and 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   -year-old girl, Irene Hoffman.



I see.



And 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.



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.



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 Streicher was sitting

in one of the front seats.



And high officials of the Nazi Party

were all over.



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.



Thank you. That's all.



Any questions?



Thank you. No questions.



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 state your name

to the tribunal?



Irene Hoffman Wallner.



Mrs. Wallner...



did you know Lehman Feldenstein?






When did you first meet him?



It was      or     .



I am not sure exactly.



How old was he at this time?



He was in his   s.



And how old was he

at the time of his arrest?



He was   .



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 owned the building that I lived in.



His business took him there quite often.



What did you say to the police

when they 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.



Did Emil Hahn question you?






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 told me that if I protected...



Mr. Feldenstein...



that I would be held under arrest for perjury.



What did you reply to him?



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?






Mrs. Wallner, tell us...



what was the...



the manner in which Emil Hahn

conducted the prosecution?



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?



Two days.



Was the verdict passed

at the end of the second day?






What was the verdict?






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?



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.



Col. Lawson?



Your Honors...



I offer in evidence a decree

signed by Adolf Hitler...



directing 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...






Maj. Radnitz?



Your Honors, I would like to request that

Col. 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      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?






Were you present when the films

we are about to see were taken?



Yes, I was.






The map shows the number of

and location of concentration camps...



under the Third Reich.



The Buchenwald concentration camp

was founded...



in     .



Its inmates numbered about      .



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.






Gold from teeth melted down...



sent once a month

to the Medical Department of the...






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       from Slovakia...



      from Greece...



      from France...



      from Holland...



       from Hungary...



       from Poland and Upper Silesia...



and        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...






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.






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.






You mean, technically?



It all depends on your facilities.



Say you have two chambers

that accommodate      people apiece.



Figure it out.



It's possible to get rid of      

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.



- 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 Durer house,

and the museum.



When do you think you could make it?






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.



The last few days

have meant a great deal to me.






I don't think you realize

what a provincial man I really am.



I've been abroad

just exactly once before this...



and that was when I was a doughboy

in WWI.



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.



- Too bad this isn't a magazine story.

- Why?



If it were a magazine story,

two people like us, the rapidly aging jurist...



The rapidly aging jurist

and the beautiful widow...



would transcend their difficulties

and travel places...



either by land or by sea.



I saw Mr. Perkins today.



He told me they'd showed those pictures

in the courtroom.



Col. Lawson's favorite pictures.



He drags them out at any pretext,

doesn't he?



Col. 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.



As far as I can make out,

no one in this country knew.



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 SS 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.



That he 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.



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



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



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...






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 Germans 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.






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.



Mrs. Lindnow...



what is your occupation?



I am a cleaning woman.



Where are you employed?



   ...     Grosse Platz.



- Did you know Lehman Feldenstein?

- Yes. I knew him.



In what capacity?



He was my employer in     .



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?






How did this happen?



Mr. Feldenstein came to see Miss Hoffman

at her apartment.






Quite often.



Were there any occasions

in which you noticed anything unusual?






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.



I wanted to clean up.



I thought it was empty.



I saw Miss Hoffman...



sitting on Mr. Feldenstein's lap.



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



Col. Lawson?



Earphones, please.



What are your political affiliations?






Objection, Your Honor.



This witness' political affiliations

have nothing to do with the testimony.



Col. Lawson is once more trying

to appeal to the emotion of the court.



Objection overruled.



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."



When did you become a member

of the Nazi Party?






Were all German nationals forced

to become members of the Nazi Party...



in     ?



Please answer me, Mrs. Lindnow.



Were you forced to become a member

of the Nazi Party?



That's all.



Witness is excused.



Defense may continue.



The defense calls Irene Hoffman Wallner

to the stand.



Mrs. Wallner...



you are still under oath.



Did you come here voluntarily?



Did you report voluntarily

to speak as a witness?






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.



The Nuremberg Laws

were stated September        .



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?






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?






Were you aware 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?






Remember, it was disclosed at the tribunal

that Mr. Feldenstein bought you things.



Candy and cigarettes?






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?



Did Mr. Feldenstein

come to see you at your apartment?



- Yes.

- How many times?



I don't remember.



Several times?






Many times?



Many times.



Did you kiss him?



Yes, I kissed him.



Was there more than one kiss?






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.



The tribunal makes the rulings in this case,

not the prosecution.



You may proceed.



Did you sit on his lap?






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...



Why do you not let me speak the truth?



That's what we want, Mrs. Wallner.

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?






There was nothing

like you're trying to make it sound.



- What else?

- There was nothing.



Stop it.



What else do you admit to?



Herr Rolfe!



Are we going to do this again?



Your Honor...



the stress the defendant has been under

is so great that he is not aware...



I am aware.



Your Honor, the defendant

wishes to make a statement.



I believe the defense has a right to request...






Does the defendant

wish to make a statement?



I wish to make a statement, yes.



I believe the defense has the right

to request a recess...



The defendant has the right

to make his statement now.



- I have to speak with my client.

- He has the right to make it now!



Tribunal is adjourned

until   :   tomorrow morning.



What are you doing?



What do you think you're trying to do?



They've had Goering. Frank. Streicher.



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 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.



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.



What would happen

if they fired on one of our planes?



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    years, maybe the next   .



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 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   -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.



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.









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...






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      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      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     :



"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.



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,

but also...



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     tons in the air a day.



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 going to do.



I know what you want to do:



Recommend they put them behind bars

and throw away the key.



You know what's going on here now?






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 going 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.



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 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.



The defendant Werner Lammpe

may address the tribunal.



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.



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.



We have a mountain of material

to go over here.



What are you looking at, Dan?



I was looking at some of these pictures

attached to the warrants for arrest.



What pictures?



There's Petersen,

before they operated on him.



And here's Irene Hoffman.

She really was    once, wasn't she?






And here's the situation of a boy,

certainly couldn't have been more than   .



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 Prof. 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?



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.

- 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 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?



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       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.



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.



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:









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.



The marshal will produce the defendant

Hoffstetter before the tribunal.



Friedrich Hoffstetter...



the tribunal finds you guilty

and sentences you to life imprisonment.



The marshal will produce

the defendant Lammpe before the tribunal.



Werner Lammpe...



the tribunal finds you guilty...



and sentences you to life imprisonment.



The marshal will produce the defendant

Ernst Janning before the tribunal.



Ernst Janning...



the tribunal finds you guilty...



and sentences you to life imprisonment.



He doesn't understand.



He just doesn't understand.



He understands.



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.



Where shall I put these books, Your Honor?



Put them in the trunk.



Your Honor, here's something for you

to have on the plane.



No. If you give me any more food,

Mrs. Halbestadt...



I won't have any room for anything else.



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



Thank you for everything.



- 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.



- See you there no later than  :  .

- Right.



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.



- 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.



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.



Herr Janning.



Judge Haywood.



Please, sit down.



Thank you. You wanted to see me?



Yes. There is something 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.



Herr Janning...



it came to that the first time

you sentenced a man to death...



you knew to be innocent.




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