Judgment At Nurenberg Redux
December 28, 2013
Defenders of the National Security State such as the fascist federal judge William Pauley proclaim that extra-constitutional intrusions into the privacy of Americans, indeed the whole egregious array of invasive and belligerent actions the government has taken since September 11, 2001, are justified on the grounds of “national security” because we are at total war with Radical Islam and its alleged supporters. His decision Friday in the case of ACLU v. Clapper is reminiscent of the rationale of the Nazi judicial official Ernst Janning (portrayed above by Burt Lancaster) in the classic film, Judgment at Nuremberg, nominated for eleven Academy Awards.
9/11 changed everything.
The rule of law and constitutional safeguards are to be suspended during this national emergency. Everything is to be permitted. Operating outside the norms of previously impermissible conduct has become the new standard operating procedure. The Constitution is not a “suicide pact.” Survival of the state is the only thing that counts.
These are precisely the arguments used by Otto Olendorf, commander of Einsatzgruppe D, and his fellow defendants in their Nuremberg War Crime Trials following World War Two. The Einsatzgruppen were “special action groups” or SS mobile death squads which accompanied German military forces in the June 22, 1941 invasion of the Soviet Union. They systematically butchered over one million persons in this first phase of the Holocaust.
The defendants claimed that they acted under the assumption that the National Socialist Third Reich had been under a state of siege by “Judeo-Bolshevism” since its inception, and that the 1939 preemptive invasion of Poland, the genocidal Holocaust of millions, and all that followed up until May of 1945, were acts of anticipatory self-defense.
Here is a pertinent statement from Otto Olendorf’s testimony: