Footnotes and references: “Following orders” post

As Landmann and Krafft could attest, it can be fatal to assume that favor is eternal and consequences not inevitable. Partisan political intrigue has been the undoing of lesser men, and women.

Photo by Ali Hajian on Unsplash

On June 11, I posted an article entitled A man named Trenker and the “following orders” defense. That dispatch covered the German constitutional concept of “superior orders,” and the evolution of that principle as defense during the Nuremberg trials. Additionally, I wrote a little about Trenker’s involvement in White Rose interrogations.

Today’s post — for paid subscribers only — goes into a little more detail about Arthur Teutsch and his 1903 JD dissertation about “ministerial responsibility,” as well as Trenker’s role in the White Rose investigation.

Brief excerpts:

From my introduction to Arthur Teutsch’s dissertation: « Arthur Teutsch may have focused on ministerial responsibility in Germany in 1903. But really, his words speak to the responsibility that all public servants shoulder when they take the oath of office: The responsibility to uphold the constitution, to serve the best interests of the country, and to work for the good of our neighbors. »

What motivated Teutsch’s research: « Teutsch could not have anticipated any of the changes that were to be visited upon his homeland. Besides the overthrow of the monarchy in 1918, Bavaria as capital of “the revolution” started by Corporal Adolf Hitler in 1923 would have seemed ludicrous to Teutsch in 1903. Had anyone told the young law student that a political movement with roots in his home state would result in his own murder in 1943, he would have thought the messenger a fool. »

Arthur Teutsch’s fate: « It is good, therefore, when reading Arthur Teutsch’s dissertation to keep in mind the person behind the words: A young man, idealistic, believing in tikkun olam (repairing the world), eager for his children to know the same Germany that had given him so much. A patriot. Jewish. German. In an era when that combination was de rigeur. When the world still appeared to be moving towards a better day. »

What about Trenker? « I could find no evidence that Trenker conducted any of the interrogations himself. It’s clear he read each and every transcript. His primary mission seems to have been providing Berlin with careful and accurate evaluation of other agents’ investigations. And he was quite accomplished in that measure. He tended to keep his hands clean, sticking to decision-making. Except for one particular topic: White Rose women. »

Miscellaneous notes: « Trenker’s investigation (prior to the arrests) seemed to have taken on a much sharper tone after Hans Scholl, Alexander Schmorell, and Willi Graf painted their Down with Hitler graffiti… on the Führer’s house! »

A final question: « Under existing German law, he said, all German officers should have been tried and found guilty. Since they were empowered to disobey if necessary, “following orders” was not a relevant defense. Arthur Teutsch’s defense, “Good Brett” said, related solely to “ministers” or public servants, not the military. »

Paid only from this point.