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German Prosecutors Drop Case Against Former Nazi Guard

Holocaust Research Project

Guards and prisoners at a Neuengamme Concentration Camp.

German officials will not prosecute a man who served a guard at a Nazi concentration camp and was ordered to be removed from the U.S. by a Memphis court in March, according to the Associated Press.

Prosecutors in the city of Celle said they were unable to dispute the account of Friedrich Karl Berger, 95, and dropped the case. Berger told officials he was a guard at a camp near the Neuengamme concentration camp for a few weeks near the end of the war but has said he did not observe any abuse or killings.

Berger, who has lived in the U.S. since 1959, was ordered to leave the U.S. in March by a U.S. Immigration Judge in March after a two-day trial in February. The judge issued an opinion finding Berger removable under the 1978 Holtzman Amendment to the Immigration and Nationality Act because his “willing service as an armed guard of prisoners at a concentration camp where persecution took place” constituted assistance in Nazi-sponsored persecution.
[pullquote-2-center] The court found that Berger served at a Neuengamme sub-camp near Meppen, Germany, and that the prisoners there included “Jews, Poles, Russians, Danes, Dutch, Latvians, French, Italians, and political opponents” of the Nazis. The largest groups of prisoners were Russian, Dutch, and Polish civilians.

The judge’s opinion found that Meppen prisoners were held during the winter of 1945 in “atrocious” conditions and were exploited for outdoor forced labor, working “to the point of exhaustion and death.” The court further found, and Berger admitted, that he guarded prisoners to prevent them from escaping during their dawn-to-dusk workday, and on their way to the worksites and also on their way back to the SS-run sub-camp in the evening, according to he court.

At the end of March 1945, as allied British and Canadian forces advanced, the Nazis abandoned Meppen, said the judge’s ruling. The court found that Berger helped guard the prisoners during their forcible evacuation to the Neuengamme main camp — a nearly two-week trip under “inhumane conditions, which claimed the lives of some 70 prisoners.” The decision also cited Berger’s admission that he never requested a transfer from concentration camp guard service and that he continues to receive a pension from Germany based on his employment in Germany, “including his wartime service.”
[pullquote-3-center] The Deutsche Presse-Agentur (dpa) said Berger was charged with assisting in the killing of prisoners between January and April 1945 as he guarded a march to evacuate the camps.

The dpa gave further details in the Berger story Thursday:

“During the period mentioned, the accused was transferred as a German marine soldier to SS Special Inspection VII, which assigned members of the Navy to the Neuengamme concentration camp and its satellite camps as security guards.

“The accused is on a list that was found in 1950 when the German cargo ship ‘Thielbek’ was sunk in the Baltic Sea with thousands of concentration camp inmates before the end of the war. The entry contains the addition ‘Meppen.’ The exact location of the accused during his transfer to the SS is not known.

“In the two satellite camps of the Neuengamme concentration camp in Meppen, foreign forced laborers who were apparently classified as fit for work had been deployed to expand armored trenches and trenches and fortifications since the beginning of 1945. The concentration camp was not an extermination camp.

“Due to overcrowding and a general tightening of the supply situation at the end of WWII, living conditions also deteriorated significantly in the Neuengamme sub-camps. In addition, from the March 23rd-24th, 1945 evacuation marches in the direction of the main camp in Neuengamme, which had been ordered by the SS because the front was approaching, resulting in the death of around 70 exhausted prisoners.
[pullquote-4-center]“Between December 26th, 1944 and March 25th, 1945, a total of 379 prisoners died in both camps and on the evacuation marches. Specific acts of intentional killing were only documented in isolated cases in the two camps, but not during the evacuation marches.

“During interrogations in the U.S., the accused admitted that he had guarded prisoners in the Meppen area for several weeks. He did not observe any mistreatment of prisoners. He was not aware of any deaths among the prisoners. He was not used to guard an evacuation march. Additional information is not to be expected when the accused is questioned in Germany.
[pullquote-5-center]“This admission cannot be refuted to the accused. The granted guarding of prisoners in a concentration camp, which was not used for the systematic killing of the prisoners, is not sufficient as such to prove the crime.

“The U.S. Department of Justice investigation has not linked the accused to any specific killing, in which the accused may have been an accessory.

“No further evidence is available. Surviving prisoners from the two camps are not known. The existing written material was fully evaluated.

“For this reason, the Public Prosecutor’s Office in Celle discontinued the investigation in the absence of sufficient suspicion.”

According to The Oak Ridger newspaper, Berger “has lived for years in Oak Ridge [East Tennessee], but it is not known at this time whether he continues to live in the city.”
[pullquote-1-center] Last month, the federal The Board of Immigration Appeals (BIA) dismissed Berger’s appeal from the Memphis removal order. He still faces deportation.

“Berger was an active participant in one of the darkest chapters in human history,” said Deputy Assistant Director Louis Rodi of Homeland Security Investigations National Security Investigations Division, which oversees the Human Rights Violators and War Crimes Center. “He attempted to escape his past and start a new life in America, but thanks to the dedication of those at the Department of Justice and Homeland Security Investigations, he will be held accountable. War criminals and violators of human rights will not be allowed to evade justice and find safe haven here.”

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Opinion The Last Word

Trump’s Bully Pulpit

It has become a given among professional journalists that Nazi or Hitler references have no place in the discourse of American politics. That being said, doesn’t Donald Trump remind you of Mussolini — the same arrogant swagger, the fiery rhetoric, the frenetic arm movements, the pout? Pardon me, Benito Mussolini was the fascist dictator of Italy who was allied with Germany and Japan against the United States during WWII. I wasn’t there. I just like to read about this stuff. Or maybe I saw it on the History Channel. Anyway, lately Trump has been making Mussolini look absolutely timid. What with the defiant stance, the funny hats, and the adorable wife. Well, at least Benito thought his wife was adorable. And he likes pushing people around, see?

Trump has dominated the news coverage for weeks. In fact, you can’t turn on the TV without seeing the Donald. He’s the main attraction on all the cable news networks as well as the entertainment news channels because, let’s admit it, he’s one helluva entertainer. But if I hear one more pundit say, “He’s sucking all the oxygen out of the room,” I’m going to suffocate. After several outrageous news conferences and incoherent speeches, Trump is running away with the GOP leading-contender status like a contestant on The Apprentice. The Tea Party contingency loves him, and the evangelical congregation believe he’s a godsend. Literally. There’s no use telling Trump devotees that his xenophobic, misogynistic, paternalistic, and extremist ravings might be dangerous, because they don’t understand what those words mean anyway. That’s why they call it “the base.” For the rational among us, Trump’s ole-time racist rhetoric won’t be so fascinatingly galling for much longer. The novelty will wear off, his shelf-life will expire, and it will be time to change the channel. The problem is, to what channel?

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No sooner had Trump made nice with the Fox Republican Propaganda Network over his ugly remarks about favorite daughter Megyn Kelly, than he unilaterally restarted the war. Trump went into Twitter overdrive saying, “I liked the Kelly File much better without Megyn Kelly,” and retweeting some clever backwoods poet’s comment that, “The bimbo’s back in town,” with Trump adding, “I hope not for long.” Trump says, “I cherish women,” in his domineering way. Maybe Ivanka can tell Dad that calling them “bimbos” is no way to win the women’s vote. Personally, I’d love to see a war between Trump and Fox News. Trump and Roger Ailes could have a loser-leaves-town match, or better still, a hair match, only Ailes has none to lose. Perhaps he could get Hannity as a proxy. The next week, Trump tossed respected journalist Jorge Ramos out of a press conference for being too insistent, saying, “Go back to Univision.” That sucking sound you hear is the last potential Latino Trump vote heading south. During his next media scrum, Trump claimed that, “CNN is terrible,” and “Fox News doesn’t cover me fairly.” Since NBC dismissed him from his reality show, Donald is about to run out of media outlets to cover his every burp on live TV.

The Dick Armey-organized, Koch brothers-funded Tea Party was once a fringe group of the Republican Party. Now, they run the show. The GOP created this beast on inauguration day when they plotted to destroy the Obama presidency — country be damned. So now they must feed the beast. Trump claims that his favorite book is the Bible, yet he can’t remember a favorite passage. Here’s one from Hosea 8:7, “They that sow the wind shall reap the whirlwind.” Trump’s stump speeches contain phrases like, “the Mexican people love me,” “I have a great relationship with the blacks,” and “we love the Ukrainians.” I don’t know if I’m listening to Donald Trump or Don Rickles. Political insiders scoff at the possibility of Trump winning the nomination, but this is the party that elected the twin disasters of Ronald Reagan and Arnold Schwarzenegger. If Trump is somehow elected president, he’ll have to build a wall at the southern border to keep people in. “People are shocked at how smart I am,” Trump says, as he carries on a Twitter war that makes him look more like a Real Housewife than a presidential candidate. He’s sewn up the Duck Dynasty vote without putting forward a single intelligible program. When challenged on his plan to expel 11 million undocumented workers, Trump proclaimed, “We’re going to deport them in a very humane fashion.” I’m sorry, but isn’t that what Hitler said?

Randy Haspel writes the “Recycled Hippies” blog, where a version of this column first appeared.

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Opinion Viewpoint

The Long Night

Have you ever wondered how human beings can be so cruel? And how cruelty crosses all the boundaries — national, racial, and ethnic? I have. Rereading an autobiography published in 1941 by a communist agent reminded me of the dark side of human nature.

The book, Out of the Night, was written — under the pseudonym “Jan Valtin” — by a German who lived through the chaos of the collapse of the Weimar Republic and the rise of Nazism. Broken by Gestapo torture, he ended up being pursued by both the Nazi and the communist manhunters and killers.

Murders by these two forms of socialism are measured in the millions during the 20th century. That alone should warn all people off any form of collectivism, because all of those millions, in the minds of their killers, were sacrificed “for the greater good.”

They — flesh-and-blood individual human beings — were all murdered in the name of an abstraction, a stupid theory of how society should be organized. I doubt if the head thugs on both sides actually believed the theories. What they really believed in was power over their fellow man.

If you look at the French Revolution and the Bolshevik Revolution, the message is clear: Intellectuals and the common people together can produce a blood bath. Latching on to some “ism” for justification, their greed for power and desire for revenge can run amok. Butchering women and children because they were born into the “wrong” class is surely insane.

In our time, when people are saying we must sacrifice liberty for security, that scrapping the Constitution is necessary to win the “war” against terrorism, I would suggest that you take your choice of genocides in the past 100 years and remind yourself what happens when people buy into the false proposition that the end justifies the means. People who preach that are always more interested in the means than in any end.

The only safe environment for a human being is under a weak government with very restricted powers. Normal people don’t need much to be happy: food, shelter, dignity, and freedom from marauders. They need a rule of law that applies to everyone equally and at all times and in all circumstances. In established societies, legislators should meet rarely — perhaps once every two or three years — because a continuing cascade of new laws will eventually drown freedom.

The Founding Fathers, whether through luck, wisdom, or divine guidance, gave us an almost perfect form of government, and we’ve been busy ever since trying to take it apart. Human beings are dangerous predators and cannot be trusted with power over their fellows. Many Americans have forgotten that the power of government comes out of the barrel of a gun. Governments coerce; they don’t persuade.

There are people living among us at this very moment capable of the cruelty so evident in the Holocaust. All they are waiting for is the opportunity. No greater opportunity exists than when a government enlists such people and says whatever you do is now justified for the sake of the “greater good.”

Who would have guessed that George W. Bush, who seemed to be a genial good old boy, would turn out to be a tyrant, launching wars of aggression, arresting and confining people without charges or access to a lawyer, condoning torture, and lying to the American people?

A government that can without trial destroy you by simply putting on a list your name or the name of an organization with which you are associated is a tyranny. A government that invades other countries and that feels free to murder people in any country it chooses is a tyranny.

Americans are on the edge of a long night. We had better wake up and step back before it’s too late.

Charley Reese has been a journalist for 50 years.