1 00:00:05,680 --> 00:00:08,360 NARRATOR: February 27th, 1933, 2 00:00:08,360 --> 00:00:10,200 Berlin, Germany. 3 00:00:11,240 --> 00:00:12,960 9:17pm. 4 00:00:14,680 --> 00:00:18,160 Black smoke veils the night sky over the German capital. 5 00:00:21,600 --> 00:00:25,480 The Reichstag, the German parliament building, is burning. 6 00:00:25,480 --> 00:00:28,280 The beating heart of democracy. 7 00:00:33,320 --> 00:00:37,240 Police cordons quickly blocked the roads around the Reichstag. 8 00:00:41,120 --> 00:00:44,320 Flames rise up to its 75-metre-high dome, 9 00:00:44,320 --> 00:00:46,880 before warning of the terrible fire 10 00:00:46,880 --> 00:00:49,560 that would soon sweep through all of Germany. 11 00:00:56,040 --> 00:00:59,200 Hitler has been in power 29 days. 12 00:00:59,200 --> 00:01:02,880 29 days, which have so far been insufficient for him 13 00:01:02,880 --> 00:01:05,120 to impose his dictatorship. 14 00:01:05,120 --> 00:01:06,720 But in a single night, 15 00:01:06,720 --> 00:01:09,800 the Reichstag fire will give him the means to do so. 16 00:01:11,040 --> 00:01:15,160 The culmination of a bitter struggle between Nazis and Communists. 17 00:01:24,040 --> 00:01:26,600 Five men were designated as culprits. 18 00:01:26,600 --> 00:01:28,480 One of them, the youngest, 19 00:01:28,480 --> 00:01:30,800 was discovered alone inside the burning Reichstag 20 00:01:30,800 --> 00:01:33,600 and placed in the prisoner's dock for a show trial. 21 00:01:36,160 --> 00:01:38,680 Miraculously preserved recordings of the trial 22 00:01:38,680 --> 00:01:40,920 have enabled us to reconstruct the proceedings 23 00:01:40,920 --> 00:01:43,960 through the voices of both the accused and the accusers. 24 00:01:54,200 --> 00:01:58,600 Almost a century later, questions remain. 25 00:01:58,600 --> 00:02:00,800 Who started the Reichstag fire? 26 00:02:03,000 --> 00:02:07,000 And how did it provide the death blow to German democracy? 27 00:02:24,680 --> 00:02:26,040 (WHISTLE BLOWS) 28 00:02:33,960 --> 00:02:36,640 March 1933. 29 00:02:36,640 --> 00:02:38,640 Adolf Hitler used the Reichstag fire 30 00:02:38,640 --> 00:02:41,160 as a pretext to start a reign of terror. 31 00:02:42,720 --> 00:02:46,120 Even before the investigation of the suspects had begun, 32 00:02:46,120 --> 00:02:48,520 the Fuhrer cracked down on the Communists. 33 00:02:57,280 --> 00:03:00,800 Thousands of men were arrested over the following days and nights, 34 00:03:00,800 --> 00:03:05,320 when only one man was found inside the Reichstag once it was burning. 35 00:03:05,320 --> 00:03:07,480 Marinus van der Lubbe, 36 00:03:07,480 --> 00:03:12,320 whose personality and history sat uneasily with the fire scenario. 37 00:03:18,080 --> 00:03:19,440 Easy to manipulate. 38 00:03:19,440 --> 00:03:21,880 Sight impaired. Dutch. 39 00:03:21,880 --> 00:03:24,640 Nothing linked him to German communism. 40 00:03:26,160 --> 00:03:29,760 And nothing linked him to the Communist leader Ernst Torgler, 41 00:03:29,760 --> 00:03:33,240 apart from a false statement given by a Nazi member of parliament 42 00:03:33,240 --> 00:03:35,560 who claimed to have seen the two men plotting together 43 00:03:35,560 --> 00:03:38,600 inside the Reichstag on the day of the fire. 44 00:04:32,160 --> 00:04:34,960 Another witness, a member of the Nazi Party, 45 00:04:34,960 --> 00:04:37,760 claimed to have seen Marinus in a restaurant with other men 46 00:04:37,760 --> 00:04:39,560 just before the fire. 47 00:05:14,560 --> 00:05:15,960 After the fire, 48 00:05:15,960 --> 00:05:19,200 the witness stated he had seen the same so-called Bolsheviks 49 00:05:19,200 --> 00:05:21,360 once again at the restaurant. 50 00:05:21,360 --> 00:05:23,360 He called the police to claim his reward. 51 00:05:23,360 --> 00:05:25,240 An officer recounted. 52 00:05:55,760 --> 00:05:58,080 Blagoi Popov and Vasil Tanev, 53 00:05:58,080 --> 00:06:02,560 two Bulgarians recently arrived from Moscow under false identities, 54 00:06:02,560 --> 00:06:04,920 didn't speak a word of German. 55 00:06:06,880 --> 00:06:11,240 Georgi Dimitrov, also Bulgarian, was a bigger catch. 56 00:06:11,240 --> 00:06:14,400 He had already taken part in a coup d'etat in Bulgaria 57 00:06:14,400 --> 00:06:17,960 and had the ideal profile of a communist conspirator. 58 00:06:25,560 --> 00:06:29,120 The three Bulgarians were associated with the Dutchman, 59 00:06:29,120 --> 00:06:32,240 with the German member of parliament Torgler, the link-up man. 60 00:06:33,600 --> 00:06:36,600 This gave the plot more of an international dimension. 61 00:06:38,000 --> 00:06:41,280 In Hitler's mind, this was an affair of state. 62 00:06:43,040 --> 00:06:46,360 He promised a fast-tracked trial of the five accused. 63 00:06:55,560 --> 00:06:57,480 In this red-hot atmosphere, 64 00:06:57,480 --> 00:07:01,080 the agents of Nazi terror were on the lookout everywhere. 65 00:07:04,760 --> 00:07:09,240 While Hitler stood alongside Hindenburg to reassure the people. 66 00:07:13,680 --> 00:07:16,040 The political opponents of yesterday 67 00:07:16,040 --> 00:07:18,400 appeared to unite in the face of danger. 68 00:07:19,480 --> 00:07:22,960 The Reichstag In Flames became the Nazis' new campaign slogan. 69 00:07:27,120 --> 00:07:29,640 The election, held six days after the fire, 70 00:07:29,640 --> 00:07:31,680 was no longer a free one. 71 00:07:33,760 --> 00:07:37,760 The Nazis supplied shuttle buses to take voters to the polling stations. 72 00:07:43,920 --> 00:07:47,760 In his diary, the intellectual Victor Klemperer wrote... 73 00:07:49,400 --> 00:07:53,440 "I find it hard to believe that, deep down, the masses still support. 74 00:07:55,520 --> 00:07:58,360 "Everybody, absolutely everybody, is terrified. 75 00:07:58,360 --> 00:08:01,720 "No more letters, no more phone conversations. 76 00:08:01,720 --> 00:08:05,520 "Not a single word on the street is safe from denunciation. 77 00:08:05,520 --> 00:08:08,640 "Everybody suspects their interlocutor of being a traitor 78 00:08:08,640 --> 00:08:10,720 "or an informer. 79 00:08:10,720 --> 00:08:15,040 "To tell the truth, it's terribly unwise to write this in my diary." 80 00:08:22,880 --> 00:08:25,280 (BRAKES SQUEAL AND BELL RINGS) 81 00:08:27,160 --> 00:08:29,480 The Brownshirts controlled the streets 82 00:08:29,480 --> 00:08:32,640 and occupied trade union and newspaper head offices. 83 00:08:36,160 --> 00:08:38,160 Democracy was in ashes. 84 00:08:42,040 --> 00:08:44,000 Nazis, like Goebbels, 85 00:08:44,000 --> 00:08:45,600 wanted to have the public believe 86 00:08:45,600 --> 00:08:48,320 that joining their movement was spontaneous. 87 00:09:30,800 --> 00:09:35,480 With 44% of the vote and 288 seats, 88 00:09:35,480 --> 00:09:39,000 the Nazi triumph was mainly owed to the removal of the opposition 89 00:09:39,000 --> 00:09:40,360 before election day. 90 00:09:42,800 --> 00:09:45,280 Goering's mood was rejoiceful. 91 00:10:13,480 --> 00:10:17,000 On March 21st, the new Reichstag was inaugurated. 92 00:10:19,160 --> 00:10:21,080 The left wing was absent. 93 00:10:21,080 --> 00:10:23,720 The Social Democrats boycotted the event. 94 00:10:28,480 --> 00:10:30,760 Only the conservatives remained. 95 00:10:34,800 --> 00:10:39,000 The fear that arose from the fire closed ranks around the Chancellor. 96 00:10:43,320 --> 00:10:47,960 He manoeuvred to gain full power and talks were already underway. 97 00:11:01,520 --> 00:11:05,160 In this puppet show, Hindenburg had a role to play. 98 00:11:08,240 --> 00:11:10,920 The last weakened link of the Weimar Republic, 99 00:11:10,920 --> 00:11:15,600 barely able to step from his car, was forced out by Hitler. 100 00:11:17,480 --> 00:11:21,000 The French ambassador to Berlin recounted, 101 00:11:21,000 --> 00:11:23,720 "Hitler walks close to him like a shy newcomer 102 00:11:23,720 --> 00:11:27,320 "that a considerate protector has introduced to a society 103 00:11:27,320 --> 00:11:28,840 "which is not his own. 104 00:11:31,640 --> 00:11:34,800 "Who would believe that this pale, common-looking man 105 00:11:34,800 --> 00:11:37,880 "is the one who, in reality, rules over the other?" 106 00:11:41,840 --> 00:11:45,840 Just opposite the burned down Reichstag stood the building 107 00:11:45,840 --> 00:11:48,760 which the Nazis had chosen for parliament - 108 00:11:48,760 --> 00:11:50,280 an opera house. 109 00:11:54,080 --> 00:11:56,560 A tragedy was being performed there. 110 00:11:56,560 --> 00:12:00,480 The suicide of the assembly gathered together with one sole aim - 111 00:12:00,480 --> 00:12:03,000 to relinquish its powers to Hitler. 112 00:12:09,720 --> 00:12:14,240 The first law passed is remembered as Lex van der Lubbe, 113 00:12:14,240 --> 00:12:16,520 and it ensured that the death sentence could be applied 114 00:12:16,520 --> 00:12:18,880 to the instigators of the Reichstag fire. 115 00:12:21,640 --> 00:12:25,840 A retroactive law, the negation of all rule of law. 116 00:12:52,480 --> 00:12:55,880 (CHEERING AND APPLAUSE) 117 00:12:57,280 --> 00:12:58,880 (TRAIN HORN BLARES) 118 00:13:01,240 --> 00:13:02,960 In this climate of fear, 119 00:13:02,960 --> 00:13:05,520 half a million Germans fled their homeland. 120 00:13:09,240 --> 00:13:13,640 They settled in neighbouring Switzerland, Belgium and France. 121 00:13:18,120 --> 00:13:21,560 Those who left were those who had the means, 122 00:13:21,560 --> 00:13:23,640 like Willi Munzenberg, 123 00:13:23,640 --> 00:13:25,680 one of the few Communist parliamentarians 124 00:13:25,680 --> 00:13:28,640 to escape the round-up on the night of the fire. 125 00:13:31,600 --> 00:13:34,600 His Communist networks spread out across the world 126 00:13:34,600 --> 00:13:37,080 and notably to Moscow. 127 00:13:37,080 --> 00:13:38,840 With the help of Otto Katz, 128 00:13:38,840 --> 00:13:43,720 an influential Austrian Jew and staunch supporter of Stalin, 129 00:13:43,720 --> 00:13:48,480 Munzenberg set out about organising the counter-trial of Hitler's regime. 130 00:13:48,480 --> 00:13:51,120 (CHEERING AND APPLAUSE) 131 00:13:53,160 --> 00:13:56,040 The Soviet intelligence service acted as a relay 132 00:13:56,040 --> 00:14:00,200 to the countless antifascist groups and leagues and congresses. 133 00:14:08,040 --> 00:14:11,520 In Paris, in support of the Bulgarian Dimitrov, 134 00:14:11,520 --> 00:14:14,640 his portrait was handed out before meetings to raise concerns 135 00:14:14,640 --> 00:14:17,680 on the increasing number of right-wing leagues. 136 00:14:23,280 --> 00:14:25,360 ..that they have declared... 137 00:14:25,360 --> 00:14:29,680 In London, the accused family members set out to sway public opinion. 138 00:14:30,680 --> 00:14:35,360 Four Communists are now on trial, in danger for their lives. 139 00:14:35,360 --> 00:14:38,320 They're accused of burning the Reichstag. 140 00:14:38,320 --> 00:14:41,520 One of them is my brother Dimitrov. 141 00:14:41,520 --> 00:14:45,040 The other is the father of this boy, Torgler. 142 00:14:45,040 --> 00:14:48,120 The other two are Popov and Tanev. 143 00:14:49,520 --> 00:14:53,520 My father and the three Bulgarian are innocent. 144 00:14:57,400 --> 00:15:00,600 The Communist International didn't hold back. 145 00:15:03,040 --> 00:15:04,160 Day and night, 146 00:15:04,160 --> 00:15:06,720 Munzenberg's helpers worked on compiling 147 00:15:06,720 --> 00:15:09,080 the Brown Book of the Reichstag Fire... 148 00:15:11,880 --> 00:15:14,960 ..a considerable document filled with accusations, 149 00:15:14,960 --> 00:15:20,080 mixing snippets of information, bluff calls, truths and lies. 150 00:15:26,120 --> 00:15:29,480 Munzenberg obtained the plans of the Reichstag... 151 00:15:30,520 --> 00:15:33,840 ..which showed a tunnel leading from the building 152 00:15:33,840 --> 00:15:36,640 to the official residence of its president... 153 00:15:37,920 --> 00:15:39,080 ..Hermann Goering. 154 00:15:44,640 --> 00:15:48,400 These formulated suspicions provided a field day for the press, 155 00:15:48,400 --> 00:15:50,480 which pointed to a Nazi plot. 156 00:15:51,560 --> 00:15:54,240 A slogan was born and soon spread. 157 00:15:54,240 --> 00:15:56,920 "Goering, the Reichstag fire was you." 158 00:15:58,040 --> 00:16:00,280 The parliamentary president defended himself 159 00:16:00,280 --> 00:16:02,120 in the Reichstag debating room. 160 00:16:37,320 --> 00:16:40,360 Another compromising piece was added to the dossier - 161 00:16:40,360 --> 00:16:43,280 a memorandum signed by Ernst Oberfohren, 162 00:16:43,280 --> 00:16:46,600 the leader of a right-wing party allied to the Nazis. 163 00:16:48,320 --> 00:16:52,640 In it, Oberfohren directly accused Goebbels and a Brownshirt squad 164 00:16:52,640 --> 00:16:55,000 of setting fire to the Reichstag. 165 00:16:56,560 --> 00:17:00,440 A week later, Oberfohren was found dead in his apartment, 166 00:17:00,440 --> 00:17:02,040 a supposed suicide. 167 00:17:03,040 --> 00:17:04,800 But Goebbels was annoyed. 168 00:17:31,000 --> 00:17:35,320 The counter-propaganda of Munzenberg's network was working. 169 00:17:38,920 --> 00:17:44,120 The Brown Book, published by the Communists, was a best seller, 170 00:17:44,120 --> 00:17:48,080 with tens of thousands of copies sold all over the world. 171 00:17:49,600 --> 00:17:52,720 In Germany, it was sold under the counter, 172 00:17:52,720 --> 00:17:55,400 disguised as Goethe's epic poem 173 00:17:55,400 --> 00:17:56,920 Hermann and Dorothea. 174 00:18:13,720 --> 00:18:16,040 As a pretext for responding to the lies 175 00:18:16,040 --> 00:18:17,840 of the international Jewish press, 176 00:18:17,840 --> 00:18:21,320 Goebbels organised an anti-Semite boycott in Germany. 177 00:18:31,760 --> 00:18:33,280 Victor Klemperer wrote... 178 00:18:34,520 --> 00:18:39,040 "During the day, the Nazis made a public call for a boycott. 179 00:18:39,040 --> 00:18:41,320 "The mood was just like before a pogrom 180 00:18:41,320 --> 00:18:43,560 "in the darkest days of the Middle Ages. 181 00:18:43,560 --> 00:18:46,720 "We, all Jews, feel threatened. 182 00:18:48,200 --> 00:18:51,520 "To tell the truth, I feel more shame than fear. 183 00:18:51,520 --> 00:18:53,080 "I have always felt German. 184 00:18:53,080 --> 00:18:55,480 "My mistake. 185 00:18:55,480 --> 00:18:58,680 "I'm no longer German, but Jewish. 186 00:18:58,680 --> 00:19:02,080 "And must count myself lucky that I'm still alive. 187 00:19:02,080 --> 00:19:03,960 "But we are hostages." 188 00:19:12,960 --> 00:19:16,440 For a month, despite orders to the contrary, 189 00:19:16,440 --> 00:19:19,040 the Brownshirts had beaten Jews to death on the streets 190 00:19:19,040 --> 00:19:20,920 and set fire to synagogues. 191 00:19:22,840 --> 00:19:25,800 The boycott had heightened their bloodthirstiness. 192 00:19:32,840 --> 00:19:37,160 They took part in book burnings held in a number of German cities 193 00:19:37,160 --> 00:19:40,200 of works by Jews and Communists, 194 00:19:40,200 --> 00:19:43,800 now irremediably associated. 195 00:20:40,480 --> 00:20:43,920 The Brownshirts maintained terror in the name of the party. 196 00:20:45,600 --> 00:20:50,080 They had significantly increased in number from 2 million to 4 million. 197 00:20:55,080 --> 00:20:56,920 After a decade of frustration, 198 00:20:56,920 --> 00:20:59,480 they eagerly awaited the dictatorship. 199 00:21:05,400 --> 00:21:08,560 Could they have started the fire to win Hitler's favour? 200 00:21:12,000 --> 00:21:15,720 It seems plausible, but unlikely without his say so. 201 00:21:22,480 --> 00:21:25,800 The Fuhrer kept them firmly under his control 202 00:21:25,800 --> 00:21:27,280 with his hypnotic eyes. 203 00:21:45,440 --> 00:21:50,240 On July 14th, the NSDAP was decreed the sole party. 204 00:21:50,240 --> 00:21:54,360 The Nazi salute became compulsory for all civil servants. 205 00:21:58,680 --> 00:22:02,560 It was better to obey, rather than risk being noted as an opponent 206 00:22:02,560 --> 00:22:04,280 and ending up at a camp. 207 00:22:10,960 --> 00:22:15,240 Added to the Communists were trade unionists, social democrats 208 00:22:15,240 --> 00:22:17,240 and an increasing number of Jews. 209 00:22:22,040 --> 00:22:27,200 The unofficial camp of Oranienburg was made official and permanent, 210 00:22:27,200 --> 00:22:30,120 like Dachau, the laboratory of terror, 211 00:22:30,120 --> 00:22:32,440 which became the model for the future camps 212 00:22:32,440 --> 00:22:33,520 of Ravensbruck, 213 00:22:33,520 --> 00:22:34,840 Buchenwald, 214 00:22:34,840 --> 00:22:36,280 Mauthausen, 215 00:22:36,280 --> 00:22:38,160 Treblinka, 216 00:22:38,160 --> 00:22:39,680 Majdanek 217 00:22:39,680 --> 00:22:41,280 and Auschwitz. 218 00:22:45,200 --> 00:22:47,680 The Nazis claimed they concealed nothing. 219 00:22:47,680 --> 00:22:51,800 German reporters were even invited to visit the model camp of Oranienburg. 220 00:22:52,800 --> 00:22:55,600 A misleading showcase for the other camps. 221 00:23:39,480 --> 00:23:43,480 Nazi propaganda played down the harsh reality of the camps. 222 00:23:43,480 --> 00:23:46,120 100,000 men were imprisoned in them at the same time 223 00:23:46,120 --> 00:23:47,840 without any form of trial. 224 00:23:47,840 --> 00:23:52,160 But five others were about to undergo theirs in broad daylight. 225 00:24:03,840 --> 00:24:05,640 Held in a prison in Berlin, 226 00:24:05,640 --> 00:24:08,760 Marinus van der Lubbe and his misfortunate companions 227 00:24:08,760 --> 00:24:12,040 were handcuffed day and night until they bled. 228 00:24:14,640 --> 00:24:17,800 A long ordeal which Torgler complained about. 229 00:24:49,480 --> 00:24:51,120 The judicial investigation 230 00:24:51,120 --> 00:24:53,520 was suspected of all kinds of scheming. 231 00:24:57,760 --> 00:24:59,120 Behind the scenes, 232 00:24:59,120 --> 00:25:02,320 Goering intervened in the appointment of an examining magistrate... 233 00:25:03,360 --> 00:25:05,880 ..a card holding member of the Nazi Party. 234 00:25:05,880 --> 00:25:08,880 The judge for the trial would be Wilhelm Bunger, 235 00:25:08,880 --> 00:25:12,000 not a Nazi, but very anti-communist. 236 00:25:15,160 --> 00:25:18,600 The defence of the accused was made difficult. 237 00:25:18,600 --> 00:25:21,520 Their attorneys were declined and replaced by others, 238 00:25:21,520 --> 00:25:24,760 court appointed and with questionable profiles. 239 00:25:29,400 --> 00:25:33,840 While Torgler ended up accepting his - Alfons Sack, a Nazi - 240 00:25:33,840 --> 00:25:36,280 Dimitrov decided to defend himself 241 00:25:36,280 --> 00:25:39,800 and his two fellow Bulgarians, who didn't speak German. 242 00:26:13,960 --> 00:26:19,960 In the summer of 1933, the Reichstag fire show trial was eagerly awaited. 243 00:26:19,960 --> 00:26:24,560 The Communist press had already determined its line of defence. 244 00:26:24,560 --> 00:26:27,560 Marinus van der Lubbe would be the target. 245 00:26:29,960 --> 00:26:32,920 In France, L'Humanite ran the headline, 246 00:26:32,920 --> 00:26:36,080 "Van der Lubbe, instigator of the Reichstag fire, 247 00:26:36,080 --> 00:26:37,840 "acted on Hitler's orders." 248 00:26:42,120 --> 00:26:45,160 The Dutchman was said to have been paid 50,000 marks 249 00:26:45,160 --> 00:26:47,000 for acting for the Nazis. 250 00:26:49,880 --> 00:26:53,360 He was accused of carrying fake ID. 251 00:26:53,360 --> 00:26:56,360 The U of his name on his passport, presented to the press, 252 00:26:56,360 --> 00:27:01,320 had an umlaut, two dots over it, which doesn't exist in Dutch. 253 00:27:04,120 --> 00:27:06,000 So it was obviously a fake 254 00:27:06,000 --> 00:27:08,920 produced to mask his membership of the Nazi Party. 255 00:27:12,200 --> 00:27:13,480 Marinus van der Lubbe, 256 00:27:13,480 --> 00:27:15,240 two days ago, a Communist, 257 00:27:15,240 --> 00:27:16,960 yesterday, a Nazi, 258 00:27:16,960 --> 00:27:19,120 was painted as being weak minded, 259 00:27:19,120 --> 00:27:21,800 and what's more, homosexual - 260 00:27:21,800 --> 00:27:25,080 the lover of Sturmabteilung leader Ernst Rohm. 261 00:27:26,320 --> 00:27:28,160 All means were admissible. 262 00:27:32,440 --> 00:27:33,840 The final warning shot 263 00:27:33,840 --> 00:27:37,040 was a counter-trial held in mid-September in London. 264 00:27:39,560 --> 00:27:42,760 Unsurprisingly, the four men accused alongside van der Lubbe 265 00:27:42,760 --> 00:27:45,600 were declared innocent, but not him. 266 00:27:49,520 --> 00:27:53,800 His brother wrote him a letter which he would never receive. 267 00:27:56,160 --> 00:27:59,440 "Yesterday, a police commissioner from Berlin visited us. 268 00:27:59,440 --> 00:28:01,320 "I told him you have a good character, 269 00:28:01,320 --> 00:28:04,640 "that you are sensitive, upright and honest, 270 00:28:04,640 --> 00:28:07,960 "and that you certainly have no reason to commit such an act. 271 00:28:09,440 --> 00:28:12,280 "But, my dear Rinus, what's done is done, 272 00:28:12,280 --> 00:28:14,600 "and you remain forever my brother. 273 00:28:15,600 --> 00:28:16,600 "Be brave." 274 00:28:24,520 --> 00:28:28,960 On September 21st, the Reichstag fire trial opened in Leipzig. 275 00:28:33,080 --> 00:28:35,480 124 reporters attended. 276 00:28:37,200 --> 00:28:39,520 Microphones invaded the High Court of Justice 277 00:28:39,520 --> 00:28:41,880 for an almost live broadcast. 278 00:28:43,880 --> 00:28:46,760 The proceedings were recorded on wax discs 279 00:28:46,760 --> 00:28:49,240 and preserved for almost a century. 280 00:29:31,920 --> 00:29:34,760 The German people followed the trial at home. 281 00:29:34,760 --> 00:29:37,000 Goebbels had seen to that. 282 00:29:37,000 --> 00:29:39,440 Small, cheap transistor radios 283 00:29:39,440 --> 00:29:43,200 were produced on his orders and sold by the millions. 284 00:29:44,360 --> 00:29:45,840 Over three months, 285 00:29:45,840 --> 00:29:49,200 the people would listen to more than 200 witnesses and experts. 286 00:29:53,200 --> 00:29:56,800 It was van der Lubbe's attitude that most struck the courtroom. 287 00:29:56,800 --> 00:29:59,280 He was alone against everyone, 288 00:29:59,280 --> 00:30:02,160 despite the permanent presence of his interpreter. 289 00:30:03,240 --> 00:30:05,600 The Nazis claimed he was a Communist, 290 00:30:05,600 --> 00:30:07,400 and the Communists, a Nazi. 291 00:30:08,600 --> 00:30:11,400 In the very first minutes, for no particular reason, 292 00:30:11,400 --> 00:30:13,440 he was overcome with laughter, 293 00:30:13,440 --> 00:30:15,800 which caught the judge's attention. 294 00:31:07,040 --> 00:31:08,560 Serious concerns arose 295 00:31:08,560 --> 00:31:12,080 about Marinus van der Lubbe's physical and mental health. 296 00:31:12,080 --> 00:31:15,080 His condition worsened in spectacular fashion. 297 00:31:16,240 --> 00:31:19,520 He would soon only appear with his head bowed. 298 00:31:41,760 --> 00:31:44,640 According to Dimitrov, between each session, 299 00:31:44,640 --> 00:31:47,520 van der Lubbe was the only one of the accused to receive his meals 300 00:31:47,520 --> 00:31:49,520 with his name written on the package. 301 00:31:51,080 --> 00:31:53,800 The jailers forced him to eat everything. 302 00:31:56,360 --> 00:31:57,800 Was he drugged? 303 00:31:59,360 --> 00:32:03,640 What is sure is that his image of a dumb, disarticulated puppet 304 00:32:03,640 --> 00:32:07,160 suited both the Nazis and the Communists. 305 00:32:10,760 --> 00:32:15,000 After an expert declared him sound of mind, the trial went on. 306 00:32:20,400 --> 00:32:22,360 On the 13th day of the trial, 307 00:32:22,360 --> 00:32:25,960 the court travelled to Berlin and the Reichstag itself, 308 00:32:25,960 --> 00:32:28,240 the scene of the crime, 309 00:32:28,240 --> 00:32:30,280 for the night-time reconstruction. 310 00:32:36,400 --> 00:32:39,600 The accused passed under the window through which Marinus van der Lubbe 311 00:32:39,600 --> 00:32:41,520 was supposed to have entered. 312 00:32:46,840 --> 00:32:49,480 Lined up on the steps of the parliament building... 313 00:32:52,480 --> 00:32:56,040 ..van der Lubbe couldn't even manage to strike a pose. 314 00:33:01,200 --> 00:33:02,800 With his stopwatch in hand, 315 00:33:02,800 --> 00:33:04,320 the judge nonetheless made him 316 00:33:04,320 --> 00:33:06,560 walk through the corridors of the Reichstag. 317 00:33:35,120 --> 00:33:37,960 This reconstruction, in the presence of all parties, 318 00:33:37,960 --> 00:33:40,200 upheld the conspiracy theory. 319 00:33:41,960 --> 00:33:45,280 The sight-impaired fire setter should have taken only 14 minutes 320 00:33:45,280 --> 00:33:48,240 to reach the spot where the fire was started. 321 00:33:48,240 --> 00:33:52,080 But his movements to the Reichstag took at least three times longer. 322 00:33:54,920 --> 00:33:57,120 One expert affirmed, 323 00:33:57,120 --> 00:34:00,320 "Save for a miracle or supernatural phenomenon, 324 00:34:00,320 --> 00:34:03,560 "events could not have unfolded as van der Lubbe described them." 325 00:34:07,600 --> 00:34:10,360 A security guard confirmed that no incendiary material 326 00:34:10,360 --> 00:34:12,160 could have been introduced into the building 327 00:34:12,160 --> 00:34:14,320 through one of its five main doors. 328 00:34:17,480 --> 00:34:22,200 Which lent credibility to the theory of the tunnel under the Reichstag, 329 00:34:22,200 --> 00:34:25,600 which was explored by the examining magistrates. 330 00:34:31,120 --> 00:34:33,840 Another security guard stated that he had heard noises 331 00:34:33,840 --> 00:34:35,120 coming from below. 332 00:34:36,200 --> 00:34:38,720 This information was critical 333 00:34:38,720 --> 00:34:41,440 and led to the witness facing a barrage of questions 334 00:34:41,440 --> 00:34:43,320 from the judge and the attorneys. 335 00:35:40,800 --> 00:35:44,320 The allegations against the Nazis had become plausible. 336 00:35:50,360 --> 00:35:54,120 The fire-damaged Reichstag itself became a courthouse. 337 00:35:55,280 --> 00:35:57,840 One of its wings, undamaged by the fire, 338 00:35:57,840 --> 00:35:59,360 was turned into a courtroom. 339 00:36:04,160 --> 00:36:07,360 From then on, the accusations made in the Brown Book 340 00:36:07,360 --> 00:36:10,240 would hang over each examination in the trial. 341 00:36:14,960 --> 00:36:17,320 Judge Bunger questioned Marinus van der Lubbe 342 00:36:17,320 --> 00:36:19,480 on where he stayed the night before the fire. 343 00:36:33,040 --> 00:36:34,800 (GALLERY MURMURING) 344 00:36:35,480 --> 00:36:37,800 Van der Lubbe's interpreter stepped up. 345 00:36:49,320 --> 00:36:51,080 Sudden drama. 346 00:36:51,080 --> 00:36:52,680 Despite his torpor, 347 00:36:52,680 --> 00:36:54,840 had Marinus van der Lubbe just confessed 348 00:36:54,840 --> 00:36:58,920 to acting on behalf of the Nazis, as the Communists claimed? 349 00:37:01,640 --> 00:37:04,720 The radio broadcast was suddenly cut short. 350 00:37:35,600 --> 00:37:40,480 On October 20th, the court set out to unravel the true from the false. 351 00:37:40,480 --> 00:37:43,840 The Communists accused the head of Berlin's Brownshirts, 352 00:37:43,840 --> 00:37:45,360 Graf von Helldorff, 353 00:37:45,360 --> 00:37:47,720 of meeting van der Lubbe on the eve of the fire. 354 00:37:50,200 --> 00:37:53,040 Helldorff was called to the bar for a confrontation. 355 00:37:54,640 --> 00:37:56,760 The microphones were switched off, 356 00:37:56,760 --> 00:37:58,880 but the court's secretary's transcriptions 357 00:37:58,880 --> 00:38:00,840 allow us to reconstruct the exchange. 358 00:38:02,800 --> 00:38:04,800 Judge Bunger questions Marinus. 359 00:38:04,800 --> 00:38:06,320 "Do you know this man?" 360 00:38:07,560 --> 00:38:10,240 Van der Lubbe, his head bowed, doesn't react. 361 00:38:11,960 --> 00:38:13,560 Helldorff shouts at him, 362 00:38:13,560 --> 00:38:15,440 "Van der Lubbe, look up." 363 00:38:16,320 --> 00:38:17,960 Van der Lubbe looks up. 364 00:38:19,200 --> 00:38:24,280 Dimitrov exclaims, "He recognises his master's voice." 365 00:38:24,280 --> 00:38:26,520 The court bursts into laughter. 366 00:38:29,480 --> 00:38:33,040 Dimitrov gradually grows in assurance, 367 00:38:33,040 --> 00:38:36,120 which results in him being removed from court on three occasions 368 00:38:36,120 --> 00:38:39,280 by Judge Bunger for communist propaganda. 369 00:38:41,120 --> 00:38:45,680 But, on November 4th, the judge exceptionally allows him back, 370 00:38:45,680 --> 00:38:47,535 because it's a special day. 371 00:38:50,040 --> 00:38:53,280 Minister Goering is invited to the bar to defend himself 372 00:38:53,280 --> 00:38:55,760 from the accusations brought against him. 373 00:39:01,960 --> 00:39:04,680 The microphones are switched back on. 374 00:39:39,240 --> 00:39:42,080 Dimitrov directly questioned Goering. 375 00:39:42,080 --> 00:39:44,560 The exchange has gone down in history. 376 00:40:58,680 --> 00:41:00,560 (GALLERY MURMURING) 377 00:41:36,000 --> 00:41:40,920 This decisive moment when Goering lost ground against Dimitrov 378 00:41:40,920 --> 00:41:43,800 should never have taken place. 379 00:41:43,800 --> 00:41:47,000 The trial was turning into a disaster for the Nazis. 380 00:41:50,280 --> 00:41:52,280 Hitler had committed the fatal error 381 00:41:52,280 --> 00:41:55,440 of providing the Communists the tribune they dreamed of, 382 00:41:55,440 --> 00:41:58,840 and in the media spotlight provided by Goebbels. 383 00:42:04,640 --> 00:42:07,440 A furious Goering complained to Hitler. 384 00:42:09,000 --> 00:42:11,840 "The attitude of the judges is scandalous. 385 00:42:11,840 --> 00:42:15,320 "It's as if they're trying us and not the Communists." 386 00:42:16,920 --> 00:42:20,480 Hitler replied, "It's just a matter of time. 387 00:42:20,480 --> 00:42:23,880 "Soon all those old men will be speaking our language 388 00:42:23,880 --> 00:42:26,000 "and we'll replace them with our own. 389 00:42:26,000 --> 00:42:29,200 "But as long as old man Hindenburg is still alive, 390 00:42:29,200 --> 00:42:32,320 "we must take all harm with patience." 391 00:42:37,200 --> 00:42:39,720 Hitler drew his conclusion. 392 00:42:39,720 --> 00:42:42,920 All suspicions of Nazi involvement must be buried. 393 00:42:44,040 --> 00:42:45,880 The trial had to stop. 394 00:42:48,000 --> 00:42:51,560 Van der Lubbe had to become the sole guilty party. 395 00:42:53,960 --> 00:42:57,440 And, suddenly, the Nazi line joined that of the Communists. 396 00:42:58,560 --> 00:43:01,960 Just one head would roll instead of five. 397 00:43:01,960 --> 00:43:03,920 But the results would be adequate. 398 00:43:16,200 --> 00:43:20,080 Two days before Christmas, the court gave its verdict. 399 00:43:48,480 --> 00:43:52,480 For lack of proof, the Communists were found not guilty. 400 00:43:54,680 --> 00:43:56,760 (LAUGHTER, CHEERING) 401 00:44:01,840 --> 00:44:05,480 The three Bulgarians were given a hero's welcome in Moscow. 402 00:44:12,040 --> 00:44:16,280 Hitler ostensibly showed himself to respect the court's decision 403 00:44:16,280 --> 00:44:19,320 to appear as democratic to the watching world 404 00:44:19,320 --> 00:44:21,240 and to appease Stalin. 405 00:44:31,400 --> 00:44:34,320 Torgler met the same fate as other German Communists 406 00:44:34,320 --> 00:44:37,680 and was arbitrarily imprisoned for three more years... 407 00:44:41,160 --> 00:44:45,200 ..before finally being freed after cooperating with the Nazis. 408 00:44:50,960 --> 00:44:54,840 On January 10th, 1934, at 7:28 in the morning, 409 00:44:54,840 --> 00:44:57,200 Marinus van der Lubbe was guillotined 410 00:44:57,200 --> 00:44:59,680 in the courtyard of the Leipzig Tribunal... 411 00:45:03,760 --> 00:45:07,160 ..the victim of an unjust law that bears his name. 412 00:45:11,240 --> 00:45:14,160 His singular history, his silence 413 00:45:14,160 --> 00:45:17,240 and his incomprehensible lethargy during the trial 414 00:45:17,240 --> 00:45:21,320 have made it impossible to determine his exact role in the fire. 415 00:45:24,920 --> 00:45:26,840 The great Reichstag fire trial 416 00:45:26,840 --> 00:45:29,600 was meant to present the world with communist guilt. 417 00:45:31,080 --> 00:45:34,600 Instead, it gave the illusion that justice can prevail 418 00:45:34,600 --> 00:45:37,040 even when democracy is dead. 419 00:45:42,320 --> 00:45:47,080 In the 1933 election, the Nazi Party, the sole party, 420 00:45:47,080 --> 00:45:49,560 gained 92% of the votes. 421 00:45:51,640 --> 00:45:54,480 Hindenburg's death in January 1934 422 00:45:54,480 --> 00:45:58,480 allowed Hitler to combine the posts of chancellor and president. 423 00:46:01,960 --> 00:46:05,520 Germany plunged into tyranny and prepared for war... 424 00:46:06,720 --> 00:46:08,720 ..with no Reichstag to oppose it. 425 00:46:13,960 --> 00:46:18,080 The communist conspiracy theory fizzled out in 1934. 426 00:46:22,880 --> 00:46:25,040 The Nazi plot was buried. 427 00:46:26,840 --> 00:46:29,200 The Sturmabteilung fell from grace. 428 00:46:29,200 --> 00:46:32,960 Thousands of Brownshirts were murdered on Hitler's orders 429 00:46:32,960 --> 00:46:35,560 during the Night Of The Long Knives. 430 00:46:40,360 --> 00:46:42,320 After the Second World War, 431 00:46:42,320 --> 00:46:45,480 a turncoat Gestapo agent would make new revelations... 432 00:46:46,800 --> 00:46:48,600 ..at the Nuremberg trials. 433 00:47:17,960 --> 00:47:23,720 MAN: What happened to the 10 SA men who carried out the Reichstag fire? 434 00:47:37,240 --> 00:47:39,880 The investigation was never completed. 435 00:47:41,400 --> 00:47:43,920 But presumptions concerning Goebbels, Goering, 436 00:47:43,920 --> 00:47:46,080 and the Brownshirts persist. 437 00:48:02,040 --> 00:48:06,240 Tanev would die in Operation Barbarossa in 1941. 438 00:48:09,560 --> 00:48:12,920 Popov would spend 17 years in the Gulag. 439 00:48:16,080 --> 00:48:19,200 Torgler would be expelled from the Communist Party, 440 00:48:19,200 --> 00:48:21,680 accused of working for the Gestapo. 441 00:48:25,520 --> 00:48:28,920 Dimitrov would reach the high spheres of Stalin's regime 442 00:48:28,920 --> 00:48:32,440 and become President of Bulgaria after World War II. 443 00:48:34,080 --> 00:48:38,960 In imposing his power, he, too, eliminated his opponents, 444 00:48:38,960 --> 00:48:40,880 just as he might have been. 445 00:48:44,600 --> 00:48:48,280 In 2008, the guilty verdict against Marinus van der Lubbe 446 00:48:48,280 --> 00:48:50,360 was posthumously annulled. 447 00:48:52,160 --> 00:48:53,600 Until very recently, 448 00:48:53,600 --> 00:48:57,880 the theory of his sole involvement in the Reichstag fire had prevailed. 449 00:49:00,920 --> 00:49:04,800 For decades, Marinus van der Lubbe was seen as the perfect scapegoat 450 00:49:04,800 --> 00:49:06,960 for both Nazis and Communists, 451 00:49:06,960 --> 00:49:10,320 making him forever guilty of a crime 452 00:49:10,320 --> 00:49:14,840 that served as a pretext for Hitler to impose his dictatorship. 453 00:49:19,800 --> 00:49:21,800 Captions by Red Bee Media (c) SBS Australia 2023