The Spruchkammer tribunals were mocked for a good reason. They served mainly to whitewash suspect characters who needed certificates of good character, notoriously labelled Persilschein – after the washing powder Persil – to show they were ‘whiter than white, with all brown [Nazi] stains removed.’ The initial problem was to find anyone in the legal profession who was not themselves compromised – 90 per cent of German lawyers had been Nazi Party members. In Hamburg at the end of the war, every judge was a member of either the Party or an affiliated organisation. It was a dilemma that would never be resolved. So Nazi judges tried cases of Nazi crimes – including those jurists who had sent people to the gallows for ‘crimes’ that, until Hitler came to power, had not been offences, such as sexual relations between Jews and Christians. In the American zone not a single judge was removed from the bench after the war.
The majority of the police were Nazis, too, which ought to have prevented their involvement in such cases, but did not. Kurt Schumacher, the leader of the SDP, had been assigned a five-man police guard by the British Occupation forces, who had assured him that the police force had been ‘cleared of Nazis’. But on 15 May 1946 he angrily wrote to British officials to say that, after overhearing his bodyguards chatting, he found that four out of the five had been in the SS. He was also profoundly shocked to learn that the British had just appointed a notorious SS man, Lieutenant-Colonel Adolf Shult, as head of the police in the British zone. An Allied Control Commission report to the British Foreign Office explained: ‘It is fairly clear that if the denazification of the police is carried to extremes there would be no police force left. With conditions…[in Germany] as they are it would perhaps seem that the essential thing is to have a reliable police force and this cannot be achieved without some sense of security…The need is…[to] terminate the process of denazification at some stage for these reasons…We will surely still need the police as an instrument of military government.’ In an apparently seamless transition, many senior officers kept their jobs, among them Wilhelm Hauser, Chief of Police in the Rhineland-Palatinate, who, when he was an SS officer in Byelorussia, had been responsible for countless wartime atrocities.
No German institution was entirely ‘cleansed’. Brown stains remained everywhere. More than three-quarters of university professors had been Party members, and even those who briefly lost their jobs were reinstated. Dr Hans Preuss, Dean of the Theology Department at one of Germany’s foremost universities, Erlangen, in Nuremberg, was a fervent Nazi who, in the 1930s had organised the burning of books in the university’s library written by Jews or Marxists. Preuss was sacked in the summer of 1945 but got his job back the following year. Around two-thirds of Germany’s teachers had been Nazis, and at the gymnasia, the best secondary schools, the figure was higher. Thousands had been fired in the three or four months after the end of the war. In 1946, 90 per cent of them were reinstated. The British poet Stephen Spender, then a civil servant, who had been despatched early in the year to report on education in the British Occupation zone, could see why. Visiting a school in Hamburg, he asked the children what they were studying. ‘Latin and biology,’ they said. ‘Nothing else?’ I asked. ‘No, sir. You see the history, geography, English and mathematics teachers have all been fired.’
Many of the clergy, regardless of denomination, had also been Party members. After the sacking of numerous German civil servants, the Lutheran Bishop of Württemberg, Theophil Wurm, preached that they had suffered too much and were the victims ‘of extremely skilful propaganda…[most] had joined the Party thinking of the public welfare. They did not identify themselves with the regime.’ He was perhaps also thinking of himself. He had joined the Nazi Party in 1933, arguing that he had done so ‘in good faith…believing it could produce a religious revival,’ though he later began to oppose the regime and was removed from his bishopric. The American Religious Affairs Division of the Occupation reported to Clay that it knew of 351 active clergy in the American sector. Of these, only three were defrocked. In the summer of 1946 the Catholic Archbishop of Freiburg, Conrad Gröber, nicknamed ‘Brown Conrad’ because of his fervent support for the Nazis, issued a pastoral letter to his flock in which he blamed the rise of Hitler on ‘secularism’, neatly absolving the Church and the people from responsibility for what had happened over the last dozen years.
Far Outliers 