Noteworthy > ET AL. The Fragility of the Rule of Law Hitler Eroded It as an Early Step Toward Dictatorship; It Took a Brutal War and a Momentous Trial to Restore It by Susan R. Blackman President Eisenhower said, “The clearest legal recourse in German courts? Did nal charges for perjury. Instead, Litten way to show what the Rule of Law they hire Jewish lawyers to file claims was one of the first political opponents means to us in everyday life is to recall over what was unfairly taken? the Nazis rounded up for persecution. In what has happened when there is no Adolf Hitler took measures that pre- 1933, the Nazis arrested Litten and sent Rule of Law.” vented those victims from engaging their him to a concentration camp. Despite In 1932, Germany’s Weimar Republic brethren to seek restoration of their legal his mother’s appeals through her politi- was a democratic parliamentary repub- rights. In March of 1933, Hitler issued a cal connections, including to Prince lic, ruled by a democratically elected decree barring Jewish lawyers and judges Wilhelm of Prussia, she could not secure president and parliament, with a chan- from German courts. Consequently, the her son’s freedom. He died in a concen- cellor selected by the parliament. The legal experts who might have been most tration camp after five years of torture government had laws, courts of justice, likely to protect the Jewish citizens who and interrogation. and human rights protections. had their property and livelihoods taken In 1932, Hitler ran for president but The Weimar constitution held that were unable to do so. came in second to Paul von Hindenburg. every German was equal before the law, How did Hitler manage to override Hindenburg then succumbed to pressure with voting rights for all German men the rights guaranteed in the Weimar to appoint Hitler as chancellor on and women over the age of 18. The con- constitution? In 1930, the Nazis won January 30, 1933. stitution guaranteed freedom of religion, only 18 percent of the parliamentary The February 27, 1933, fire in the speech, and individual rights. It provided seats, but that made it the second largest Reichstag parliament building prompted social and economic rights, including the party in the Reichstag. Not content with Hindenburg to issue the Reichstag Fire right to acquire property and pursue a second place, Hitler and the Nazi party Decree, at Hitler’s urging, which sus- trade. It also provided for judicial inde- worked on amassing their power, pursu- pended basic rights and allowed deten- pendence, stating that judges were sub- ing their agenda, and eliminating those tion without trial. Hitler argued that the ject only to the law. who would try to stop them, even if it fire was a sign of a massive Communist Individual liberties could be limited meant using means of violence and ter- plot and was just the start of what would only on the basis of the law, according ror. They started by arguing that the be a series of terrorist attacks against to the legal process. The legal profession Communists posed a serious threat to Germans by Communists. was vibrant and diverse, and lawyers the security of the German people and Hitler asserted that the Communist represented citizens in courts to protect needed to be eliminated. threat required emergency measures so their rights. In many German cities, a One Jewish lawyer in Berlin had that suspected Communists could be significant portion of the lawyers and previously tried to challenge the Hitler- eliminated. On March 23, 1933, the judges were Jewish. On January 1, 1933, led assaults against Communists. In Reichstag adopted the Enabling Act, there were 3,400 lawyers of Jewish ori- 1931, Hans Litten subpoenaed Hitler, as through which it relegated full legislative gin in Berlin alone, including some Nazi party leader, to testify in a case power to Chancellor Hitler and his cabi- women lawyers. against four Nazis accused of killing net for four years. Well before the Nazi SS enforcers Communists. Litten grilled Hitler for Hitler broadened his attacks to tar- sent 6 million Jews and 5 million other three hours, showing how the Nazis get Jews, as well as any group that he “non-Aryans” to concentration (death) plotted revolution. Hitler defiantly testi- thought might oppose his increasing camps, they seized Jewish citizens’ prop- fied that the Nazis were a peaceful powers, such as Freemasons. Even erty and stripped their livelihoods. Did democratic movement. His testimony Rotary Club members were targeted. the victims of property seizures seek could have left Hitler exposed to crimi- After Hitler issued the decree barring 46 VIRGINIA LAWYER | April 2013 | Vol. 61 www.vsb.org ET AL. < Noteworthy Jewish lawyers and judges from German Association Hampton Roads Chapter, courts, the Nazis publicly warned people The Institute for Jewish Studies and not to use Jewish lawyers. Hitler contin- Interfaith Understanding at ODU, the ued to manipulate the legal system to German Embassy in Washington, D.C., amass greater powers. and the Holocaust Commission of the Anticipating Hindenburg’s death, United Jewish Federation of Tidewater. the Reichstag passed a law allowing The Virginia Beach Law Day pro- Hitler to become Hindenburg’s successor gram takes place on May 2 at the Sandler as president, while remaining chancellor. Center in Virginia Beach and will feature The next day, August 2, 1934, Hitler took the Lawyers without Rights Exhibit plus a both mantles and subsequently claimed showing of film footage from the the moniker “Führer.” Later that month, Nuremberg Trials of war criminals fol- he made all remaining judges and lowing World War II. The event is spon- lawyers swear an oath of loyalty to the sored by the Virginia Beach Bar Führer. No longer could Germany hope Foundation, some member firms of the to have an independent judiciary subject Virginia Beach Bar Association, and only to the law. some of the organizations listed above An extraordinary exhibit titled that supported the Norfolk program. “Lawyers without Rights: Jewish Lawyers Following the exhibit and reception, the under the Third Reich” chronicles Jewish May 2 program will offer a panel discus- by President Dwight D. Eisenhower to lawyers who were affected and the con- sion with U.S. Senior District Judge recognize the importance the Rule of sequences of Hitler’s erosive steps toward Henry Coke Morgan Jr. and Sandra Law plays in preserving freedom, justice, destruction of the Rule of Law. The Schulberg, a film producer whose father and equality. The possibility of another exhibit was created by the German was hired by the U.S. War Department display of the Lawyers without Rights Federal Bar to teach the lessons learned to create the film of the Nuremberg Exhibit in another city in Virginia, such from this era. It is touring the United Trials. as Richmond, is currently under explo- States with support from the American The theme of the event will be that ration. So far, the German Federal Bar Bar Association. Hitler’s decree against Jewish lawyers has provided funding to transport the The exhibit contains pictures and marked an early step in the decline from exhibit from one destination to the next. descriptions of lawyers who were dispos- liberty to dictatorship, and the For more information about these pro- sessed, those who escaped, those who Nuremberg Trial represents the restora- grams, contact Farideh Goldin at disappeared, and some who perished. tion of the Rule of Law after it had been [email protected]; or Bill Choyke at The exhibit is on display at the Old totally obliterated. Schulberg will present [email protected]. Dominion University Perry Library Nuremeberg: Its Lesson for Today, and the through April 30 and will be in Virginia panelists will discuss the impact of the Beach for a Law Day celebration on May film and the great steps that are some- 2. Local organizations have joined forces times required to preserve the Rule of to create special programs concerning Law. The program will describe the key this exhibit. role played by Chief Prosecutor of the ODU hosted a reception and panel International Military Tribunal, U.S. discussion on April 11, featuring former Supreme Court Justice Robert H. U.S. Congressman and World War II vet- Jackson, who made the bold decision to eran G. William Whitehurst, PhD; the film the trials, feeling it was imperative Susan R. Blackman is a partner in the Willcox & Savage PC Labor and Employment Law Honorable U.S. District Judge Mark S. for Germans and the world population Group and was moderator of the panel discus- Davis; and German Professor Frederick to see that the Nuremberg defendants sions. She serves as vice-president of the Federal Bar Association Hampton Roads Lubich. The program was co-sponsored received fair trials. Chapter, as treasurer of the Hampton Roads by the Norfolk & Portsmouth Bar Justice Jackson’s approach fits the Chamber of Commerce, and as honorary con- sul of the Kingdom of Denmark. She can be Association Foundation, The Federal Bar purpose of Law Day, which was declared reached at [email protected]. www.vsb.org Vol. 61 | April 2013 | VIRGINIA LAWYER 47.