by Hans Nilssen
In the Berlin courtroom, Adolf Hitler's face burned a deep, furious red.
The future
dictator was not accustomed to this kind of scrutiny.
But here he was,
being interrogated about the violence of his paramilitary thugs by a young man
who represented everything he despised - a radical, principled, fiercely
intelligent Jewish lawyer called Hans Litten.
The Nazi leader
was floundering in the witness stand. And when Litten asked why his party
published an incitement to overthrow the state, Hitler lost his composure
altogether.
"That is a
statement that can be proved by nothing!" he shouted.
Litten's
demolition of Hitler's argument that the Nazis were a peaceful, democratic
movement earned the lawyer years of brutal persecution.
He was among the first of the fuehrer's political opponents to be rounded up after the Nazis assumed power. And even long afterwards, Hitler could not bear to hear his one-time tormentor's name spoken.
But although he
was among the first to confront Hitler, Litten remains a little-known figure.
Now a drama and
an accompanying documentary tell the story of a cantankerous, flawed but
ultimately heroic man.
Litten was, long
before he confronted the dictator, a staunch anti-Nazi. Although his father, a
law professor, had converted from Judaism to Christianity and played down his
background to further his career, the young Litten went in the opposite
direction, joining a Jewish youth group and learning Hebrew out of a mixture of
adolescent rebellion and sympathy for the dispossessed.
As a lawyer, he specialised in defending workers and rank-and-file members of the German Communist Party (KPD). However, he was no Stalinist, clashing with the KPD leadership for following Moscow's orders. "Two people are too many for my party," he would say.
Indeed, his
hard-line adherence to his principles meant Litten was not always regarded as
sympathetic character.
"He was a
saint. But I have a feeling that, if I sat down to have a beer with him, I
wouldn't like him," says Benjamin Carter Hett, author of Crossing Hitler:
The Man Who Put the Nazis on the Witness Stand, a biography of Litten.
"He was in
many ways a difficult man to deal with. He was doctrinaire in his politics.
Even his closest friends said he wasn't good with people."
However, it was
Litten's belligerence, as well as his forensic intelligence, that made his
interrogation of Hitler so effective.
In 1931, Litten
sought to have criminal charges brought against four members of the Nazi
party's Sturmabteilung (SA) paramilitary group after they attacked a dance hall
frequented by communists, killing three people.
Litten called
Hitler as a witness, hoping to expose the Nazi party's deliberate strategy of
overthrowing democracy by bringing terror to the streets. Hitler had previously
assured middle-class voters that the SA was an organisation dedicated to
"intellectual enlightenment".
Over three hours
in May 1931, this claim was dismantled by Litten's precise, detailed
questioning.
At first, Hitler
insisted to Litten that he was committed to "100% legality". But his
composure began to crack when Litten asked him why he had been accompanied by
armed men. "That is complete lunacy," the Nazi
But the decisive
blow came when Hitler was asked why the Nazi party had published a pamphlet by
Joseph Goebbels, Hitler's chief propagandist, which promised the movement would
"make revolution" and "chase parliament to the devil" using
"German fists".
Asked by Litten
how Goebbels's rise up the Nazi hierarchy could be squared with a commitment to
legality, Hitler began to stammer and "search convulsively for an
answer", according to one contemporary newspaper report of the trial.
According to
World War II historian Laurence Rees, writer and director of the television
series Nazis: A Warning from History, it was not Litten's focus on the Nazis'
violent methods that enraged Hitler the most. By 1931, most Germans could not
fail to have noticed that the SA were brutal streetfighters, he says. And
Hitler himself was accustomed to - and indeed thrived on - the venomous abuse
directed at him from opponents.
But, he says,
Litten's meticulous, carefully reasoned questioning was guaranteed to enrage
him.
"What drove
Hitler berserk is that here is someone taking him coolly and calmly through the
evidence," says Rees.
"He hates
that kind of intellectual argument - he prefers either haranguing or sulking.
It's not just Litten's Jewishness. If you were going to come up with a person
that Hitler would loathe, it would be him."
The trial was
widely publicised and marked out Litten as a hate figure in the Nazi press,
which called for him to be physically attacked.
As Hitler edged
closer to power, friends urged Litten to flee Germany. But he refused.
"The millions of workers can't get out," he said. "So I must
stay here as well."
Soon the Nazis
were in control. When the new regime used the Reichstag fire in February 1933
as an excuse to suspend civil liberties, Litten was among the first to be
rounded up.
Over the next
five years he was held in a succession of notorious concentration camps
including Sonnenburg, Dachau and Buchenwald. He was singled out for especially
brutal treatment at the hands of the guards, who knew full well of the
fuehrer's personal antipathy towards him.
Nonetheless,
throughout his incarceration he was admired by his fellow inmates for his
kindness towards them and his insistence on keeping his dignity intact. When
the guards ordered prisoners to stage a performance in celebration of a Nazi
anniversary, Litten read out a poem called Thoughts Are Free.
By February
1938, he could endure no more. He took his own life by hanging himself. He was
34.
After the Nazi
regime was finally smashed, Litten's reputation as a staunch opponent of Hitler
was revived. A plaque in Berlin was dedicated to him in 1951, the headquarters
of the German bar association is at Hans Litten House and the lawyers'
association of Berlin named itself itself the Hans Litten Bar Association after
reunification.
Yet his name is
not widely known. According to Mark Hayhurst, who wrote and directed the BBC
drama and documentary about Litten, he was a victim of cold war politics - his left-wing
sympathies meant he was overlooked in the West, and his attacks on the
Stalinist hierarchy caused him to be neglected in the Soviet Bloc.
With these
divisions now buried for a generation, Hayhurst hopes that Litten can be
reclaimed as a figurehead for resisting tyranny.
"There are
still Hans Littens around the world today," he says. "He's still an inspiration."
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