"Reality" television is the rage, but the programming thankfully
isn't all millionaire wannabes and island survivors. Beginning on July 16, TNT
will present "Nuremberg," an original four-hour television movie on
the Allied nations' 1945-46 prosecution of the principal Nazi leaders. The movie
presents a central, timeless idea: nations can, through law, respond to and
thus try to prevent the brutal excesses of aggressive war and genocide. Although
the production could have been more historically accurate, its effort to teach
Nuremberg is commendable.
At the end of World War II, the victorious Allies -- the U.S., Great Britain,
France and the Soviet Union -- faced some very difficult questions. What should
be done with Germany's industrialists, soldiers and public officials? More particularly,
what should the Allies do with the Nazi leaders?
Although some urged summary executions, the Allies agreed to prosecute culpable
individuals for their crimes. In May 1945, President Truman appointed Supreme
Court Justice Robert H. Jackson to serve as U.S. Chief of Counsel for the prosecutions.
That summer, Jackson and his counterparts, representing disparate legal systems,
negotiated in London to create an International Military Tribunal. In August,
the four Allies signed the London Charter, establishing the tribunal. They also
gathered evidence, including huge quantities of official Nazi government records,
and chose defendants. In October, an indictment was served on Germans representing
each facet of the Reich, including Gestapo founder Hermann Goering (Hitler's
second) and Albert Speer (Minister of War Production). The defendants were charged
with conspiracy to commit aggressive war, crimes of aggression, war crimes and
crimes against humanity.
The Allies chose to try the defendants at Nuremberg because, although the city
was mostly rubble, it had a standing courthouse/prison complex and was not in
Soviet-controlled Berlin. Nuremberg also had symbolic power because it had been
the site of Hitler's massive rallies and the birthplace of his virulent anti-Jewish
laws. In November 1945, Jackson opened the trial. Proceedings took more than
half a year, with the core proof being Nazi documentation, although some witnesses
testified. Jackson and others presented closing arguments in July 1946. In October,
the Tribunal acquitted three defendants and convicted nineteen others, sentencing
twelve to death. Within weeks, eleven were hanged. Although Goering had been
sentenced to hang, he avoided the rope by committing suicide.
The story of Nuremberg is captured in the verbatim trial record published after
the trial. The tale is also told in numerous books, including trial histories
and memoirs and biographies of prosecutors and defendants. And Jackson's opening
and summation speeches -- oratorical gems -- were broadcast, published widely
and even sold on phonographic records during his lifetime. But Nuremberg has
not, before now, been the subject of a major film. (For the record, "Judgment
at Nuremberg," the 1961 classic starring Spencer Tracy and Burt Lancaster,
depicts one of the "American trials," not prosecuted by Jackson, that
followed the one and only IMT-Nuremberg trial.)
matter, there is much that the production gets right. The movie is strongest
in the courtroom scenes, which is where the great achievements of Nuremberg
actually took place. The courtroom set is authentic. Each defendant is played
by an actor who could have been cloned from the Nazi original. Alec Baldwin
becomes plausible as Jackson when he delivers his lines about moral responsibility.
Jackson's cross-examination of the forceful Goering is based on the real transcript,
as is Goering's final statement to the Tribunal. The testimony of Auschwitz
commandant Rudolf Hoess is also chillingly true to the record.
In addition, the movie accurately depicts how Jackson proved his case and,
for history, the reality of the Holocaust. Jackson demonstrated the defendants'
guilt using Nazi documents and other objective evidence rather than the testimony
of deal-making witnesses. In the movie, as in the real trial, Jackson plays
film taken at liberated death camps in the spring of 1945. This evidence --
showers; crematoria; piles of bodies; emaciated survivors -- shocked and shaped
world opinion at the time. The movie performs a real, if horrifying, public
service by using the actual footage relied on by Jackson.
Nevertheless, the production is not without flaws, and as a legal historian,
I found many. Nuremberg was a massive proceeding, with preparation and trial
involving hundreds of lawyers, thousands of soldiers and tens of thousands of
documents. But the film conveys the impression that Jackson largely went it
alone, particularly against Goering. Jackson's senior colleagues, including
key British prosecutor David Maxwell-Fyfe, are reduced to bit players. And Jackson's
American deputies -- Robert Storey, John Amen, Thomas Dodd and Telford Taylor,
who played major roles at the trial -- are mere movie extras. Meanwhile, Jackson's
secretary, Elsie Douglas, is depicted as his key adviser, a trial strategist
and, when the going gets tough, the prosecutorial spine of Nuremberg. That's
more than a little hard to swallow. Whenever a complicated true story like this
is brought to screen, simplification is impossible to avoid, and the number
of characters must be whittled down to a reasonable number. But the screenplay
could have been more patient here, and at least shown the trial work of a couple
of the other lawyers.
The movie also fails to explain the tense relationship between Jackson and
the American lead judge, Francis Biddle, who had been Attorney General under
FDR. In the movie, as in fact, Truman fires Biddle as AG, then offers him the
Nuremberg judgeship as consolation. What the TNT production does not disclose
is that Jackson was Biddle's friend, close colleague and patron, helping Biddle
succeed him as both Solicitor General and Attorney General. In the hierarchies
of Washington power under FDR, Jackson was always the star who held the higher
office. But the tables were turned at Nuremberg, with Jackson now Biddle's inferior
for the first time, and their friendship suffered as suspicions, misunderstandings
and genuine disagreements developed. Missing a great dramatic opportunity, the
movie offers only glimpses of this interpersonal conflict. Biddle is
simply made out to be an effete, rich SOB who was willing to help Nazis to hurt
Jackson -- thin history and light television.
The movie's most extended annoyance is the Harlequin Romance-like focus on
the liaison between Jackson, whose wife remained in Washington, and Elsie Douglas,
a professional secretary at the Supreme Court for Jackson and later for Justice
Felix Frankfurter. All are deceased, which freed the moviemakers to imagine
what they pleased about the romance. And they seem to have imagined quite a
lot. We can certainly doubt that Mrs. Douglas called Jackson "Robert"
and then "Bob" in front of enlisted men and lawyers -- while supposedly
coaching him on prosecutorial matters, no less. And we can see, in actual Nuremberg
photographs, that actor Jill Hennessy (age 29 during the filming) is not exactly
a ringer for Mrs. Douglas, who was, at Nuremberg, an attractive 44-year-old
mother of a serviceman in the Pacific theater. We also know that Jackson spent
Christmas Eve 1945 (a trial recess) at a religious service in Bethlehem, not
giving Mrs. Douglas perfume and kissing her at a crowded Nuremberg party. In
short, Hollywood might have thought all this was necessary to attract an audience
to history, but a better Nuremberg movie would have taken the chance on more
substantive fare.
Although the film commits numerous other oversights -- for instance, nearly
ignoring the fashioning of the London charter, perhaps Jackson's greatest Nuremberg-related
achievement -- it is unquestionably important because Nuremberg itself still
matters so much. The Holocaust is still, for a distressingly large number of
people, merely an assertion. But Nuremberg remains the proof. Nuremberg also
established the model for prosecuting war crimes, and that model is operational
again today at the International Criminal Tribunals for the former Yugoslavia
and Rwanda. The Nuremberg model will further serve as the basis for the upcoming
permanent International Criminal Court, a tribunal most nations are prepared
to ratify despite mistaken objections by the United States Government.
And Nuremberg still matters because of its place in world history. It
showed that power can avoid the call of mindless vengeance and choose
the path of restraint, law and judgment. Nuremberg was, as Jackson put
it in his opening, "one of the most significant tributes that power has
ever paid to reason." Imperfect though it may be, TNT's "Nuremberg" is a
praiseworthy effort to bring that tribute to the small screen.