Imagine living in a society in which you can be subjected to anonymous allegations of criminal conduct without any supporting facts or circumstances and without being given the opportunity to defend yourself. Then imagine that, in that same society, you are found guilty without being tried, and in which the mere attempt to defend yourself against hazy, unsubstantiated, unproved, unprovable and even scurrilous accusations compounds your guilt in the eyes of the elitist judges who serve at the pleasure of their faceless masters. The accused “enjoy” the presumption of guilt. The indictment itself is tantamount to conviction; the only variable is the harshness of the punishment.
Such an imagination put the Kafka into “Kafkaesque,” and bears great similarity to the haunted Czech-Jewish author’s “The Trial.” The subject of that harrowing tale, an obscure bank official, was arrested by unknown individuals, charged with crimes but was not privy to the “minor” details of who, what, when, where and why. He does not know his accusers, the nature of the charges against him, and the judges who will adjudicate his fate. His end is predictable, sad, and closer to current reality than we would like to believe.
But change the alleger from anonymous to reluctantly named, another depressing chapter in history presents itself and is most instructive for today.
In the late 1930’s, Josef Stalin orchestrated the Moscow Show Trials, in which thousands of Communist Party leaders – many comrades who stood shoulder-to-shoulder with Stalin during the Russian Revolution – were summarily tried, convicted and executed. In addition, millions of Soviet citizens were exiled to Siberia or otherwise murdered by the secret police. It was the great purge during which Stalin removed any potential rival for power and cemented his dictatorial and sadistic control over the Soviet Union. Most of the Jews who were enthusiastic Communists, served the Revolution and became party officials, met their untimely fate at this time without exactly sanctifying G-d’s name. Half the defendants in the very first Show Trial were Jews, and in a bitter irony, many of the Jews who were tried and convicted remained unrepentant Communists, spouting Communist dogma (not Shema Yisrael) with their last breaths.
There were several mass trials but all followed the same basic format. The pretext was that the individuals, whether party officials, bureaucrats, military officers including several marshals, ran afoul of the political correctness of the time. Charges were trumped up, documents forged, interrogations forced, and most of the defendants were coerced into confessions that admitted to something, anything. Those standing trial who attempted to defend themselves, even sometimes by pledging and emphasizing their loyalty to Stalin, were treated even more harshly for they were deemed to be irredeemable. Truth was neither an interest nor an objective.
Guilt was presupposed and foreordained. Those who confessed were executed and those who refused to confess were also executed. The only difference was that those who confessed might succeed in sparing their immediate family members from exile or execution. Those who refused to confess paid the price of their own death, the persecution of their families, and the confiscation of their property. Media condemnation of the accused was routine but obviously corrupt and fraudulent, the media being just another tool of the ruthless state.
And while this mass murder was ongoing, the leftist media in America – led by the New York Times’ Walter Duranty – was praising Stalin as “the greatest living statesmen.” The Times’ perspicacity remains intact today.
Clearly there was nothing about these trials that even remotely followed legal process or resembled anything similar to how the law functions in a civilized society. This was “political terror” masquerading as trials, all to achieve the political goals desired by Stalin. His failure to feed his people (the Show Trials followed immediately after the forced starvation of millions of Ukrainians, whose food was literally confiscated to feed Russians) or even to attract popular support for any of his policies induced him to purge the party, the state and this world of his enemies. Apparently, mere public shaming of his enemies – modern American style – did not suffice.
The centerpiece of the Show Trials was the public confession, usually extracted after torture and sometimes just a day after insistent claims of innocence. Typical of this genre was the trial of Nikolai Krestinsky, a member of the Politburo from Lenin’s time and of Jewish origin, who professed his innocence of the charges of loyalty to Trotsky and Trotskyism, and then the next day, had a “change of heart:”
Krestinsky: Yesterday, under the influence of a momentary keen feeling of false shame, evoked by the atmosphere of the dock and the painful impression created by the public reading of the indictment, which was aggravated by my poor health, I could not bring myself to tell the truth, I could not bring myself to say that I was guilty. And instead of saying, “Yes, I am guilty,” I almost mechanically answered, “No, I am not guilty.”
Krestinsky: In the face of world public opinion, I had not the strength to admit the truth that I had been conducting a Trotskyite struggle all along. I request the Court to register my statement that I fully and completely admit that I am guilty of all the gravest charges brought against me personally, and that I admit my complete responsibility for the treason and treachery I have committed.
Krestinsky was unceremoniously executed the next day.
The German author Bertolt Brecht captured the moral pretensions of the intellectual Left, dominant then in academic and literary circles and on the ascent again today, and wryly described the victims of Stalinist oppression in a way that should chill every American today: “The more innocent they are, the more they deserve to die.” Those were the Soviet show trials.
And these are the natural consequences of the merger of arrogance, intolerance, the politics of personal destruction, the presumption of the guilt of disfavored individuals, the corruption of due process, trial by mob and media and the prevailing assumption that only one political view is moral, acceptable, entitled to a public hearing and allowed in public debate and college classrooms.
Certainly there is a chasm that separates the genocidal purges of Stalin and the petty political games played in America. But the casual way in which lives are destroyed, the utter disregard of the pursuit of truth, and the wanton use of accusations, threats, legislative hearings that are more akin to circuses, and the repeated attempt to terrorize people out of public service strike too familiar a chord.
These are not only polarized times but sad ones as well. Even Kafka would be surprised, and alarmed.