By Arthur Jay Klinghoffer;Judith Apter Klinghoffer

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10 The Brown Book of the Hitler Terror was first published on August 1, 1933 by Muenzenberg’s Editions du Carrefour. It was translated into seventeen languages, with the English edition being issued in London on September 1 by Victor Gollancz. The “Brown Book” was directed at European public opinion, and copies were successfully smuggled into Germany to exert an influence there as well. It sought to counter the German indictment and challenge the legitimacy of the upcoming Leipzig trial by maintaining the innocence of the four Communists, while admitting the guilt of van der Lubbe.

They were expelled from the courtroom and ordered to leave Germany. 54 Hays distanced himself from the other legal observers, preferring tact to confrontation. Hays left Germany on October 28, while the trial was still in its second stage. In his appearances on returning to the United States, he stressed the importance of the Commission of Inquiry and public opinion and predicted that all except van der Lubbe would be found not guilty. He indicated, perhaps tactically rather than analytically, that the German court process appeared to be fair and that defense lawyers were performing effectively.

The first international citizens’ tribunal had temporarily achieved its goal of getting innocent defendants acquitted by pressuring the German court to adhere to the rule of law—but the battle was not yet over. The Nazis soon came up with a countermeasure more suited to the advancement of the ideological needs of a totalitarian state, which then undercut the verdict and produced a new confrontation over the fire trial defendants. ” It decried “alien liberalistic reasoning,” which prevented the court from removing the “communist menace” from Germany.

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