In Bed With The Right - September 09, 2026


Episode 152 -- Carl Schmitt, Part 2

Topics
Episode 151 -- Jane Eyre Episode 153 -- Live from San Francisco, it's How to Become a Silicon Valley Creep (in 10 Easy Steps), Part 1

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Length

1 hour and 7 minutes

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183.36

Word count

12,381

Sentence count

904

Harmful content

Misogyny

5

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Toxicity

98

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Hate speech

88

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Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
Topics generated with Qwen2.5-3B-Instruct.
00:00:00.620 And then he follows up.
00:00:01.720 Shattered, home, horny, falling apart, can barely stay on my feet.
00:00:05.980 Unfortunately, unfortunately, I get him. 0.61
00:00:07.940 He is so me.
00:00:10.580 But like half the entries in this diary are this.
00:00:13.740 Are just like, I'm exhausted. 0.99
00:00:15.140 I feel like shit. 1.00
00:00:15.820 I want to have sex. 1.00
00:00:16.960 Everything sucks. 1.00
00:00:18.120 Yeah. 0.99
00:00:18.300 Fit of rage because Duschka brought home a ridiculous still life by Gilles featuring a dead fish. 0.95
00:00:24.020 Okay, but don't you hate it when your wife brings home a ridiculous still life featuring a dead fish? 0.78
00:00:28.060 I mean, I'm with him there. 0.98
00:00:29.120 It sounds ugly. I don't want to look at a dead fish on my walls.
00:00:32.160 I do not believe in making the friend-enemy distinction, except when it comes to dead fish pictures.
00:00:36.180 That is the enemy. I am the sovereign. There is no exception.
00:00:44.800 Hello, I'm Adrian Dobb.
00:00:46.320 And I'm Moira Donnegan.
00:00:47.480 And whether we like it or not, we're in bid with the right.
00:00:49.440 so adrian today we are back with part two of our opus on the nazi political philosopher
00:00:59.380 mr carl schmidt yes air carl schmidt schmitty to his friends who we are not so we're just
00:01:07.560 going to call him carl schmidt throughout we're going to launch right into this this is kind of
00:01:11.960 a funny crossover episode in the sense that we talked about the basics of his philosophy and
00:01:16.320 his outlook and the sort of central theses these like really famous slogans right the sovereign is
00:01:23.040 he who decides on the state of exception right the fact that politics is about the friend enemy
00:01:26.760 distinction etc etc that we went over in the first episode but here i want to sort of show how this
00:01:34.240 actually meets real politics the best way i could think of that was i've been following mr carl
00:01:38.920 Schmidt through the year 1933 and turning our podcast series into a book, forthcoming
00:01:45.360 2027.
00:01:46.980 And I think it's really instructive to sort of see how he intervenes and how he distends
00:01:52.500 and adjusts what he thinks.
00:01:56.100 And I want to flag right away for our listeners that there are two ways of reading that.
00:02:01.000 There are Schmittians and there are Schmidt scholars who say like, no, he clearly distorted
00:02:05.100 himself and twisted himself into this pretzel in order to accommodate himself to the Nazis.
00:02:10.720 And there are a lot of people who say like, no, he's just making explicit something that 0.72
00:02:14.600 was implicit in his philosophy all along.
00:02:16.820 And, you know, just because he later falls out of favor with the Nazis in 1936 doesn't
00:02:22.540 mean that he didn't largely agree with them on a lot of stuff.
00:02:25.840 Now, in recapping what we talked about last time, I do think it's important to kind of
00:02:30.220 center him as a thinker of the politics of the friend-enemy distinction, a guy who thinks that
00:02:38.040 most of the concepts of modern political theory are just theological concepts about which we've
00:02:42.680 forgotten that they are political concepts. And he's the great sort of exegete of sovereignty.
00:02:49.360 And I think these are the things that make him so incredibly beloved by Silicon Valley creeps,
00:02:56.100 by various anti-liberal right-wingers in the Republican Party
00:03:01.360 and the Trump administration right now, right?
00:03:03.460 And I think a lot of it has to do with this idea
00:03:05.520 that liberalism represses certain facts about itself.
00:03:08.600 And this is something they love.
00:03:10.260 Because, of course, it means that you know better
00:03:12.540 than the person across from you.
00:03:14.360 It means that they don't really understand their own project
00:03:16.620 and you understand it better than they understand it themselves.
00:03:20.080 And it kind of frees you of the, you know,
00:03:23.640 You were so busy pointing out the hypocrisy of the other side that you kind of don't ever have to put meat on the bones of your particular objections.
00:03:31.000 You don't have to say like, well, what would this politics really look like?
00:03:33.560 Right. You can just kind of gesture at it as dishonest.
00:03:36.060 But like substantively, what do Schmidt and his imitators say that liberalism is avoiding?
00:03:42.800 Is it about like a confrontation with violence and domination?
00:03:45.960 Is it about these quasi-mystical animal forces?
00:03:50.340 What does he say that liberalism denies or looks away from?
00:03:52.880 Yeah, it's surprisingly capacious. And I think it kind of does shift throughout his life. And it shifts depending on who he's talking to. His work as a jurist seems to suggest that the prime thing that liberalism represses is really the fact that a constitution has to have a sovereign, that someone has to be in charge.
00:04:13.080 He thinks, well, they all try to dissipate or defray that fundamental truth, but it's all just shirking responsibility.
00:04:19.940 Ultimately, you do need to kind of come down hard on some people and deciding on that is what sovereignty is.
00:04:26.300 So that's the specific sort of legal case.
00:04:28.620 What would we today associate with the theory of the unitary executive in the United States?
00:04:32.500 Within these feckless, talky, constitutional structures slumber something far more steely, far more hard-nosed.
00:04:40.080 and liberals, by and large, don't want to acknowledge that
00:04:43.600 and don't want to wield it.
00:04:45.020 Of course, when they do wield it, he thinks it's illegitimate too.
00:04:47.360 Like, basically, only right-wingers can seem to lay hold of this legitimately,
00:04:52.560 though he sometimes is impressed with communists who do it too,
00:04:55.380 just because he really likes force.
00:04:57.780 But generally, he thinks that this is really more of a stand-in for a wider failure.
00:05:02.120 And that's where the question of the political,
00:05:04.480 the concept of the political, which we talked about last time, comes in.
00:05:07.540 He thinks liberalism is about the avoidance, about repression, or about maybe sidestepping the truly political, right?
00:05:14.660 The true politics, which is about friends and enemies, right?
00:05:18.020 And you could say like, oh, you know, they're sticking their heads in the sand.
00:05:23.000 That's not quite what he's saying.
00:05:25.100 He sounds frustrated when he describes this.
00:05:27.240 when he says, for instance, liberalism, quote,
00:05:29.360 has attempted to dissolve the enemy,
00:05:31.460 transforming him into a competitor on the business front
00:05:34.280 and into a debating opponent on the intellectual front.
00:05:37.280 That sounds like what he's saying they're avoiding is violence.
00:05:40.220 To me, that's what it sounds like.
00:05:41.340 Yeah, yeah.
00:05:42.240 Or also just strength and dominance, right?
00:05:45.080 This is supposed to be a life and death struggle,
00:05:47.600 and instead they've turned it into a debate society, right?
00:05:50.180 If you read the writing of Curtis Yarwin, it's all this, right?
00:05:53.520 Yeah, this is a frequent far-right critique of liberalism is that it's bloodless, that it's legalistic, that it's interested in rules more than interested in power, and therefore it sort of abnegates or circumvents what they understand as this like more authentic and quasi-mystical drive of dominance and force.
00:06:13.120 Yeah.
00:06:13.480 Yeah, and we should say like this guy, of course, never punches anyone in his entire life.
00:06:17.500 All this is done at a desk.
00:06:19.080 So there is this kind of like ersatz thing going on there where like he has these fantasies of omnipotence and of dominance.
00:06:26.880 And in the end, like all he does is write pretty good essays.
00:06:29.480 You know, there is a kind of element of displacement going on here too.
00:06:33.520 But yet he thinks it's namby-pamby, it's feckless, and it's kind of effeminate to sit in meetings with people who properly ought to be your enemy, right?
00:06:42.600 He puts it as follows in political theology, and I'll quote again,
00:06:46.420 And the liberal state's nature is, quote, a negotiation, a hesitant half measure born of the hope that the definitive confrontation, the bloody decisive battle might yet be transformed into a parliamentary debate and indefinitely deferred through endless discussion, right?
00:07:02.080 Yeah. 0.73
00:07:02.420 This is a guy who's very much frustrated by the Weimar Republic.
00:07:05.680 He's like, you're avoiding the ultimate questions, the ultimate confrontations. 0.56
00:07:10.720 So as an alternative, he's really into, like, making a decision, taking action, making these very clear distinctions between friend and enemy.
00:07:19.940 Yeah.
00:07:20.440 That sounds like something that would appeal to the sort of, like, move fast and break things crowd from Silicon Valley, right?
00:07:28.260 Like the sort of people who themselves probably spend a lot of time at desks and in chairs, but have these fantasies of domination and force.
00:07:36.760 Where they also spend some time at the climbing gym, so.
00:07:40.720 A place of furious contestation and vicious friend-enemy distinctions.
00:07:45.820 No, I think that's exactly right.
00:07:47.020 And a lot of the political theories such as they are subtending the Trumpist takeover,
00:07:52.380 the sidelining of Congress, the use of executive orders, the fixation on unelected bureaucrats,
00:08:00.500 and at the same time the idea that certain bureaucrats, you know, like Doge or Stephen Miller,
00:08:06.480 are somehow empowered by the Volk, by the will of the people,
00:08:09.460 Even though, like, none of us can ever remember voting for any of them, right?
00:08:13.400 Like, the way that sovereignty sort of transfers itself, as you say, in this quasi-mystical way, this clearly all bespeaks the influence of Carl Schmitt.
00:08:20.600 Or that's just how they feel, and Carl Schmitt gives them the buzzwords to pretty that up a little bit.
00:08:27.520 So, Schmitt having sort of carved out this intellectual niche for himself by 1933, when the Nazis rise to power at the end of January, I imagine he's, you know, quite excited.
00:08:37.480 Exactly, right?
00:08:38.240 Decision, action, and enemies.
00:08:40.940 If there's one thing that is in ample supply in 1933, it would be those three things, right?
00:08:47.200 So let's get into it.
00:08:48.100 How does he respond throughout the year?
00:08:50.560 By 1933, Schmitt had made a career of being, let's say, an internal critic of the Weimar Constitution. 0.99
00:08:55.380 Really, what he's doing is like, here's how you dismantle this fucking thing. 0.77
00:08:58.540 And I think it's important to note that the way he accommodates himself to what eventually emerges from the collapse of the Weimar Republic shows why it's so dangerous that our conservative elites worship at the altar of this guy. 0.94
00:09:12.100 Like, you can see, this is when it goes from an intellectual exercise of internal critique to a proactive politics and, like, it ain't pretty.
00:09:21.320 So one reason why today's authoritarians like him so much, I'd say, is that he wasn't saying throughout 1933 that Germany should break with the Weimar Constitution.
00:09:32.680 He does say it's all a mistake, but he doesn't think let's all chuck it to the dust heap.
00:09:36.940 Rather, he claims that the Constitution of Weimar had the tools and elements of a far more authoritarian state in it, almost sort of like what we sometimes think of as like framer's intent in the United States.
00:09:49.060 And he's saying like, you can excavate that. So that's the other reason I think our conservative elites like him, because in the end, the proposition, let's get rid of the US Constitution is a highly minoritarian position in the United States. But being like, oh, maybe we can reinterpret it slightly in such a way that it basically becomes its opposite.
00:10:05.840 That's something that has a great deal of appeal to the authors of Project 2025, to people at various institutes and think tanks.
00:10:14.880 And I think their Schmidt, again, is like a really scary influence, but also someone that we can learn from where this journey goes.
00:10:23.180 So this is in some way a rehash of Project 1933, but we're speedrunning it today.
00:10:31.020 So, as you know, Hitler comes to power on January 30th, 1933.
00:10:35.760 But maybe we'll rewind the tape a little bit to Wednesday, January 25th, 1933.
00:10:41.140 And I'm going to be quoting here from his diaries.
00:10:43.880 What I'm going to do here is basically draw on his own diaries, which are weird.
00:10:48.860 I imagine they're freaking creepy as hell. 0.96
00:10:51.080 Because wasn't he also like kind of a sex addict? 0.99
00:10:53.000 Yes. 0.99
00:10:53.400 Yeah.
00:10:53.760 Okay. 0.99
00:10:54.000 So, like, everybody, keep in mind that we're talking about a Nazi who loves violence and is compulsively visiting prostitutes. 0.99
00:11:05.640 Yeah, and sleeping with, like, friends' wives and stuff like that. 0.99
00:11:08.700 Yeah.
00:11:09.380 So, we're going to intersperse it with his writings.
00:11:12.900 Because one thing Schmidt does in this moment when Germany sort of reconfigures around him is to write himself into that process.
00:11:22.880 He publishes an enormous amount, switches publishers, all that stuff, rewrites some of his older works.
00:11:29.620 I mean, he's really furiously engaged in this process of writing himself into this process and interpreting that process in ways that the new rulers would like.
00:11:39.380 And I think looking at his essays from that year is super, super helpful.
00:11:44.060 Yeah, so I have here in our doc the entry from January 25th, 1933, just to give people kind of a sense.
00:11:54.080 Tired, got up at the last minute.
00:11:56.000 He's like always tired and feeling terrible, by the way.
00:11:59.080 Relatable. I'm sorry, relatable guy.
00:12:00.740 Oh, totally, totally.
00:12:02.300 And then he goes to Werner Sombart's 70th birthday celebration.
00:12:05.260 That's a political scientist and economist.
00:12:07.580 Speakers included Reich Commissioner Kehler Dreadful, Hartung, Ludwig Bernhardt, a student, and finally Sombart himself.
00:12:14.060 He struck me as a buffoon, a sad affair,
00:12:16.620 had a pleasant chat with Privy-Kanzler Söhring, 0.93
00:12:18.820 felt revulgent towards Wolfert and his wife.
00:12:21.200 Frau Demut looked very beautiful. 1.00
00:12:22.800 Oh my gosh, what a dick. 1.00
00:12:24.460 He's like, I went to this party, everybody there sucked. 1.00
00:12:27.920 Who are these people and like, what's wrong with them?
00:12:30.220 So these are sort of his set at the time,
00:12:33.360 right-wingers who are not Nazis.
00:12:35.280 These are usually associated with the German National People's Party,
00:12:39.020 the NVP, right, sort of Papen adjacent,
00:12:41.560 which is who he's working for at this point.
00:12:43.660 Okay. 0.99
00:12:44.060 Yeah, and he thinks they're buffoons, dreadful. 0.98
00:12:47.500 Felt revulsion towards Wolfers and his wife. 0.98
00:12:50.620 Revulsion is quite strong.
00:12:52.100 Who is Wolfers? 1.00
00:12:53.560 Yeah, good question.
00:12:54.860 This is Arnold Wolfers, a Swiss economist.
00:12:57.840 And there are two possibilities why he feels revulsion here.
00:13:01.940 Is it going to be racist?
00:13:03.600 Sorry, like I'm just, is it racist?
00:13:07.600 You tell me.
00:13:09.000 This is Carl Schmitt like turning the big knob that says racism on it
00:13:13.080 and looking back for approval.
00:13:15.220 Over his shoulders, yeah.
00:13:17.300 Basically, Wolfers is Nazi-adjacent in early 1933,
00:13:21.400 but he's also, according to the Nazi terminology, half-Jewish. 1.00
00:13:25.300 Oh, I'm sure that's going to work out great for him.
00:13:27.260 Good job, buddy.
00:13:28.160 I think he leaves Germany in 1933 and undergoes a political realignment.
00:13:33.040 So, hat is off to him.
00:13:35.000 Carl Schmitt chooses differently.
00:13:36.380 But yes, revulsion, paranoia, disgust around Jewish people is a truly shocking through line in these diaries. 0.99
00:13:48.280 You know that R. Crumb drawing where R. Crumb's avatar is this miserable, hunched over little like gremlin of a man and he's muttering to himself, I fucking hate everybody. 1.00
00:13:59.760 Like, look at you, you're all idiots, you're disgusting. 1.00
00:14:02.340 And then there's just somebody walking past him and it's just labeled like a normal guy. 1.00
00:14:05.460 Like, that's how I think of a lot of this kind of creep masculinity.
00:14:10.460 And I do think we have to qualify Schmidt as a creep here.
00:14:13.500 Yeah.
00:14:14.060 Because there's a sort of, like, needfulness, this, like, searing resentment and contempt that makes them socially just incapable and kind of, like, rotten. 0.98
00:14:26.740 It is worth noting, though, that he hates everyone a little bit, but the most physical reactions he reserves for Jewish people. 0.90
00:14:35.400 And, like, they'll later show up in his nightmares. 0.96
00:14:38.720 Like, he has nightmares about them, like, hounding him at a time when people are literally getting shot from being Jewish, right? 0.87
00:14:44.580 Yeah. 0.53
00:14:45.280 Somehow he's still the victim in his own fantasy while the literal Holocaust is ongoing.
00:14:49.520 Well, not yet in 1933. 0.53
00:14:51.500 Not the Holocaust proper, but you know what I mean.
00:14:53.380 Yeah, these are not people who are in any position to hurt him, but in his mind.
00:14:57.440 And it's a physical revulsion, right?
00:14:59.600 It's like a bodily sense of disgust.
00:15:02.400 So that's the party.
00:15:05.660 Then what does he say?
00:15:07.120 Yeah, he concludes this note by saying, sad, depressed, July 20th is gone.
00:15:12.860 What does that mean, July 20th?
00:15:14.040 Refresh my memory.
00:15:14.700 So July 20th is the moment, is the date of the coup the previous year in Prussia, which is where Schmidt helped von Papen take over a federal state that basically was run by Social Democrats and replaced it with a right-wing government.
00:15:30.100 All right.
00:15:30.480 Which to him was sort of the model for a right-wing takeover. 0.77
00:15:34.120 So here he is on January 25th, five days before Hitler comes to power, to say the spirit of that moment is gone. 0.79
00:15:42.120 Like, this is his, you know, January 6th was a beautiful day, but nothing came of it. 0.93
00:15:46.160 He's like, ah, all of my dreams.
00:15:48.280 Yeah, hang in there, little Carl.
00:15:50.000 I know.
00:15:50.220 Things are going to turn around for you very quickly.
00:15:52.340 I know.
00:15:53.000 Okay, so that brings us forward.
00:15:55.440 Where are we now?
00:15:56.300 Let's stay with him in January for a little bit.
00:15:59.280 On Friday, January 27th, he notes in his diary,
00:16:04.060 the Hindenburg myth is at an end, a ghastly state of affairs.
00:16:07.680 Schleicher is resigning. 0.80
00:16:08.960 Papen or Hitler will take over.
00:16:10.240 The old gentleman has lost his mind, Mac Mahon.
00:16:13.720 What's that?
00:16:14.640 Mac Mahon is a prime minister of France in the 19th century who unsuccessfully tried to bring back the monarchy.
00:16:21.700 Oh, okay.
00:16:22.360 So Hindenburg is the Reich president at the time. 0.78
00:16:24.820 He's the one who will appoint Hitler three days after this.
00:16:28.360 But Schmidt is not greeting this as some kind of exciting development. 0.98
00:16:32.000 Like, this seems to be genuine.
00:16:33.680 The frustration is not that he doesn't want a right-wing takeover.
00:16:36.200 What he wants is some sort of restoration of the empire, it seems.
00:16:41.660 He thinks that like Hindenburg, because he was a general, because he's an aristocrat,
00:16:46.440 because he's part of the old Prussian elite,
00:16:48.560 is sort of well positioned to take Germany back to where it needs to go.
00:16:53.160 And he thinks that neither Papen or Hitler can really do it. 0.74
00:16:57.840 And especially the word myth, I think, is pretty important.
00:17:00.500 In February, he'll note that one of his friends is, quote,
00:17:02.860 deeply depressed about the end of the last German legend
00:17:06.080 and Hindenburg's political passivity, right?
00:17:09.020 This idea that, like, you need to have a good story,
00:17:11.100 you need to have a legend, a myth
00:17:12.900 that can sort of bring the people together
00:17:15.040 and that that myth sort of has to transcend the party,
00:17:18.980 has to transcend class,
00:17:20.540 has to transcend particularism, right?
00:17:23.320 Is, I think, really, really important to him.
00:17:25.160 And for him, Hindenburg is the one who could have done that
00:17:27.860 and he perceives, I think accurately,
00:17:30.080 January 33 as Hindenburg's ultimate failure.
00:17:33.600 He's like, this guy is not going to matter
00:17:35.080 however this shakes out, and that's bad.
00:17:37.980 So I want to point out, like, he's getting his wish,
00:17:40.740 but not quite in the way he wanted.
00:17:42.740 And then on the 28th, he notes,
00:17:44.600 a bit of a cold, very sad,
00:17:46.440 afraid of the political events to come,
00:17:48.420 loathing for the socialists
00:17:49.700 and for what is returning, a spineless liberalism.
00:17:52.560 Oh my God, yada, yada.
00:17:53.880 Do these people not get tired
00:17:56.180 of having the same thought over and over?
00:17:58.400 It's also, where is the spineless liberalism returning?
00:18:01.300 Where are the socialists returning? 0.74
00:18:03.620 You just have like Poppin or Hitler coming to power. 0.78
00:18:06.640 Yeah.
00:18:07.000 How does this wind up with you being the victim yet again?
00:18:09.860 It's really remarkable, right?
00:18:11.300 Like he's tense.
00:18:12.200 He wants something to happen.
00:18:13.940 And then when it does happen, he's like, well, I don't know.
00:18:16.540 Do I want it like that?
00:18:17.600 You know?
00:18:18.020 Yeah.
00:18:18.240 So much for decisiveness and the friend-enemy distinction.
00:18:21.780 He can't make up his mind about getting everything he wants.
00:18:24.580 Yeah, the whole thing, this is a term that I think Sam Adler-Bell often uses about these guys that I like, is this is cosplay, right?
00:18:30.960 Like, he cosplays as this decisive person.
00:18:34.100 Like, he's worried that the wrong group of right-wing creeps will take over his ministry and he therefore will no longer have a job, right?
00:18:42.040 He's high up in the administration, doesn't want to lose that job. 0.94
00:18:45.620 You can fucking varnish that all you want with, like, friend-enemy distinction. 0.93
00:18:49.100 Like, in the end, like, you're like, this is a nice paycheck. 0.99
00:18:51.960 I like it.
00:18:52.580 That's right. Our listeners might remember this guy has gone from being a law professor to being a prosecutor for the state.
00:18:59.520 He's kind of like in an AG sort of role.
00:19:02.060 No, I think he's more like on the defensive side.
00:19:04.260 I think he's their lawyer for certain election related things.
00:19:07.660 He also is still teaching at the same time.
00:19:09.400 Will 1933 briefly take a professorship in Cologne and then go back to Berlin?
00:19:15.360 It's very strange because a lot is in flux during this year.
00:19:19.440 His CV is also a little bit strange.
00:19:21.060 But like, yeah, he'll jump around a lot.
00:19:22.580 And he is teaching during this time.
00:19:24.380 Can you explain this gap in your resume, Carl Schmitt?
00:19:27.380 Yeah.
00:19:29.460 So then we get to Monday, January 30th, 1933.
00:19:33.300 He has a cold again.
00:19:35.020 He is writing a letter to Ludwig Kass, head of the Center Party, who basically had called him out in print and had said, like, this guy wants to destroy the Constitution and he needs to be stopped.
00:19:46.840 And he's like, how dare you?
00:19:47.980 Stop saying things that I'm doing.
00:19:49.560 You say destroy the Constitution like it's a bad thing, yeah.
00:19:52.720 And so he writes this letter, kind of an open letter, knowing, I think he writes the letter and sends copies to von Papen and others, sort of defending himself, but also exactly saying like, hey, maybe it's not such a bad thing. 0.53
00:20:06.540 And then he goes to a café, Café Cuchera, finds out that Hitler has become Reich Chancellor and Papen Vice Chancellor, excited, happy and high spirit, sent off the letter to Kass.
00:20:18.180 So his feelings about Hitler in those early days are interesting.
00:20:21.940 Like he later heavily retconned this stuff.
00:20:25.860 And so it was like, I was always against this.
00:20:27.980 It's unclear.
00:20:28.640 Like he's happy and excited here. 1.00
00:20:31.040 But the next day, January 31st, he'll say he's agitated, furious at that stupid, ridiculous Hitler. 1.00
00:20:39.220 He's going to get himself to a place where he recognizes this regime as a fulfillment of his fantasies. 0.99
00:20:45.940 It is not that in the beginning. That much appears to be genuine, unless he really went through and fucking redconned everything. 0.95
00:20:52.720 It seems pretty clear. 0.89
00:20:54.440 Now, a lot of this may have to do with worries about his own future, right?
00:20:57.200 The Nazis come with their own legal war machine in tow, many of whom, let's say, were about Schmidt's age, but had a change in career fortunes right around 1945.
00:21:07.940 1945, and the fact that a lot of them were war criminals and did get hanged at Nuremberg.
00:21:12.960 But they come with their own legal war machine, meaning it's very unclear what Poppins' legal
00:21:18.960 war machine will now do.
00:21:20.320 So these guys are probably going to be out of jobs.
00:21:22.820 They're not interpreted as sufficiently nationalist or sufficiently far right.
00:21:28.060 They might be suspicious by the new incoming Nazi administration by virtue of not having
00:21:33.120 been Nazis yet.
00:21:34.200 Exactly. 0.80
00:21:35.160 Now, let's switch to February.
00:21:37.220 In February, we see the first publication of Schmitz after Hitler is named chancellor.
00:21:43.060 It's, of course, it was written before, it was written sometime in mid-January, and it's about developing the total state in Germany.
00:21:49.840 And this is the idea that Hill sees on as 1933 grinds on, which is to say, what I did with Prussia in 1932 is really the blueprint for how Hitler can establish, or someone, he's still thinking someone.
00:22:04.700 In January 33, someone can establish a total state in Germany.
00:22:09.380 And he's probably thinking it could be Schleicher, it could be Papen.
00:22:12.300 He's probably not thinking Hitler then, but he's probably not unhappy this thing's out. 0.91
00:22:17.100 Now he just has to make clear that he meant Hitler all along.
00:22:20.320 Yeah, it occurs to me that there are several people, I don't think Schmidt is especially unique here.
00:22:25.040 There are several people in the German right who were kind of interested in this authoritarian project 0.98
00:22:30.940 And in sort of moving beyond the Weimar Constitution into a more politically restrictive model of governance, who also thought that Hitler was kind of an idiot or like a clown. 0.96
00:22:43.140 You know, he seems to have not commanded a ton of personal respects. 0.96
00:22:47.240 There's a lot of people who are like, OK, we don't like the person, but maybe we can get on board with the project.
00:22:51.560 Exactly. And I think that's exactly what's happening.
00:22:53.340 It's very much about the project and the person of Hitler will become more important as 33 grinds on. 0.97
00:23:00.940 Yeah, but at the outset, there's a lot of people who are like, okay, this guy's a clown. I can use him for my own ends, which sounds to me kind of familiar from our own era, right? 0.91
00:23:08.720 There's a lot of people who are like, I can use Trump. I can like ride the Trump wave and manipulate him to get what I want. And that just like basically never works out for any of them.
00:23:18.120 I mean, it worked out for Carl Schmitt for a little bit, three years.
00:23:22.000 The other thing, of course, is that this is still about a kind of constitutional refashioning of Germany.
00:23:26.860 And he's not particularly interested yet in the concept of the folk.
00:23:31.840 And that's going to become way more important in the later spring for him.
00:23:35.700 This kind of idea that the movement, the Nazi movement and the state and the folk are all merging now. 0.80
00:23:43.420 That is something that he gets more interested in as the Nazi project takes shape.
00:23:48.120 I just briefly want to read to you from his diary on Tuesday, February 8th, just because it's funny.
00:23:53.320 Friendly confirmation from Papen regarding my letter to Kaz.
00:23:56.700 He's the only decent fellow, right?
00:23:58.200 So he's still, this is still his guy.
00:23:59.680 He's like, what a nice guy.
00:24:01.380 He likes me, which is like the number one way you get Carl Schmitt to like you is to like him and be nice to him.
00:24:07.520 And then he follows up.
00:24:08.620 Shattered, home, horny, falling apart, can barely stay on my feet.
00:24:12.900 Unfortunately, unfortunately, I get him. 0.61
00:24:14.840 He is so me.
00:24:18.120 But like half the entries in this diary are this.
00:24:21.460 Are just like, I'm exhausted. 0.99
00:24:22.940 I feel like shit. 1.00
00:24:23.620 I want to have sex. 1.00
00:24:24.760 Everything sucks. 1.00
00:24:25.940 Yeah. 0.99
00:24:26.340 Fit of rage because Duschka brought home a ridiculous still life by Gilles featuring a dead fish. 0.95
00:24:31.680 Okay, but don't you hate it when your wife brings home a ridiculous still life featuring a dead fish? 0.78
00:24:35.860 I mean, I'm with him there. 0.98
00:24:37.040 It sounds ugly.
00:24:38.260 I don't want to look at a dead fish on my walls.
00:24:40.060 I do not believe in making the friend-enemy distinction except when it comes to dead fish pictures.
00:24:44.160 That is the enemy.
00:24:45.580 I am the sovereign.
00:24:46.820 There is no exception.
00:24:49.020 But then, here it comes.
00:24:50.320 He concludes this note by saying, escape plan.
00:24:52.780 I thought Switzerland, then Italy, going underground, vanishing into nothingness.
00:24:56.860 All right, so he's thinking, like, oh, this is going to be bad for me.
00:24:59.180 Yeah, he's really thinking about leaving, like, in a way that people like Thomas Mann and Bertolt Brecht at this point are not, right?
00:25:05.540 And by February 8th, even, like, confirmed communists are like, eh, let's see where this goes.
00:25:10.420 I mean, there are a few people who sort of, like, rush off Erich Maria Remark among them, who, like, really just, like, run immediately and are like, this is going to be bad, y'all.
00:25:19.580 But everyone else is like, well, they can't do all of this for sure, so let's not run quite yet.
00:25:26.880 And Schmidt's like, oh, no, no, no, I'm on kayak.com Googling, like, Prague, how to get to, you know.
00:25:32.540 And I think that that's really important here.
00:25:35.240 Like, I think this is genuine.
00:25:36.260 I think he's like, these people mean business and I may be on the wrong end of them.
00:25:40.420 Then we get more stuff about the Jews. 0.92
00:25:42.900 Yada, yada, yeah.
00:25:44.320 He's so obsessed with, like, occasioning hatred, right?
00:25:46.980 He keeps pissing off everyone else.
00:25:48.560 And he's like, there's so much hatred for me, right?
00:25:50.540 Like, February 10th, he's like, Lohmann came and spoke of the Jews' hatred towards me,
00:25:55.160 especially at the school of politics.
00:25:56.560 I was like, yeah, man, I don't know what to tell you.
00:25:58.220 I mean, that sounds reasonable.
00:26:00.300 I don't know.
00:26:01.800 On February 28th, terrible hatred of the center party members towards me.
00:26:05.660 You're like, okay, dude, like, again.
00:26:07.740 Yeah, it's like, what do you expect? 1.00
00:26:08.940 That's the other thing about these fucking guys. 0.99
00:26:10.980 They want to be like, okay, you should be excluded from political participation in rights. 1.00
00:26:16.660 Your life should be made really hard.
00:26:19.240 You should be deprived of dignity and probably subjected to violence.
00:26:22.600 And why don't you like me? 1.00
00:26:24.740 You know, they're just such little bitches about it. 1.00
00:26:27.920 He really is. 1.00
00:26:28.720 I mean, he's just so tetchy about this.
00:26:31.220 And at the same time, it's like you've made it.
00:26:33.200 It's not even like he's written against them.
00:26:34.980 He's made it his political project to destroy that party.
00:26:37.560 And he's like, and they don't like me for some reason.
00:26:40.040 He's like, why are they mad?
00:26:41.880 Yeah.
00:26:42.480 Yeah.
00:26:43.280 Anyway, but so it's not clear how effective he thinks the Nazis are being at this point.
00:26:48.360 On Monday, February 27th, 1933, he notes in the evening, quote, a pleasant, lively conversation about the futility of the one-party system in Germany.
00:26:57.200 So he's saying, like, it's not going to happen, right?
00:26:59.040 He's like, I like where their head's at.
00:27:00.660 Not going to happen.
00:27:01.900 Maura, do you remember what happened on February 27th, 1933, around the time that Schmidt is having this dinner?
00:27:06.920 I mean, I barely remember this morning, but I'm guessing from context clues that they start outlawing other parties.
00:27:14.860 It's the Reichstag fire. 0.99
00:27:16.000 Oh, shit. 0.99
00:27:16.860 So this is the moment when it all starts, right? 1.00
00:27:20.300 Okay, yeah.
00:27:21.480 And there are people, Rudolf Dius among them, the later head of the Gestapo, who are very clear that the Nazis had all these arrest orders in the drawer ready to go. 0.65
00:27:32.600 And that like basically the Reichstag fire is the occasion they need.
00:27:35.880 And again, Schmidt, knowing whom he knows in the government, probably knew that.
00:27:40.500 But still, like, he's able to feel so set upon. 0.99
00:27:43.360 And he's like, oh, we're just not going to get our beautiful one-party state, like, 27 days into this fucking thing. 0.99
00:27:49.340 He's, like, decided to be a victim. 0.98
00:27:51.340 I'm sorry.
00:27:51.700 This is what I believe they refer to among the reactionary center.
00:27:56.060 It's the victim mentality.
00:27:57.960 It's like, actually, you're doing okay, buddy.
00:28:01.380 Your project is coming to fulfillment.
00:28:03.080 Why do you just want to whine?
00:28:04.540 Why are you so committed to a notion of your own defeat?
00:28:08.800 And it also doesn't seem like he's particularly active right now.
00:28:11.880 Like, everything is happening without him even having to make much of an effort.
00:28:15.480 And I think that is his ultimate source of frustration, right?
00:28:18.200 He at some point talks about, like, oh, they're trying to destroy the myth of Carl Schmitt.
00:28:21.080 He was happy when people thought of him as, like, this éminence grise behind Papen.
00:28:25.600 And he was kind of pissed that, like, now it's all happening without him.
00:28:29.120 I also want to point out that this attitude of like being pre-disappointed is something that is so common among especially sort of Silicon Valley elites.
00:28:38.480 We can already tell they're setting themselves up for like, I was pro-Trump and then I just felt so disappointed by.
00:28:46.060 And I didn't think it was going to be like this. 0.98
00:28:48.940 It's like, what fucking made you think that? 0.96
00:28:50.720 It's the same as like, I wanted to be woke, but you made me, you pushed me to the right with it. 0.99
00:28:55.840 Yeah, there's a, I don't know, there's a way in which, like, a posture of, like, preemptive knowing cynicism is supposed to, like, signal your own sophistication.
00:29:05.320 But it also is just, I just find it so whiny.
00:29:08.660 Yeah, I think he's basically keeping his options open here, right?
00:29:11.400 If this all collapses after the March 5th election, he can sort of say, like, look, did I agree with some of this stuff?
00:29:17.580 Sure.
00:29:18.380 But in practice, it was just, he was an imperfect messenger for a very good idea, right?
00:29:22.500 Like, exactly the kind of thing that Peter Thiel can then say about Trump every time, like, after he's made him president again, right?
00:29:28.400 Now, let's skip ahead a little bit now.
00:29:30.040 So, we have the elections in March, and after that, serious Gleichschaltung, serious coordination measures kind of bringing the state into line. 0.80
00:29:38.340 That's when the local and municipal governments have to have Nazi control the same way that the federal government does, right? 0.84
00:29:45.400 The national government. 0.80
00:29:46.420 Exactly.
00:29:46.920 And it soon spills out of control.
00:29:48.500 It starts with the administrative state and then becomes just something that happens in schools, in universities, at the post office, at the rail company, et cetera, et cetera.
00:30:01.520 And it really becomes a purge, very much like the purges that we see under someone like Hegseth or we saw under Doge.
00:30:08.480 And it tends to target people who are, quote unquote, unreliable, which usually means social democrats, although eventually it'll also mean center party people.
00:30:16.340 Communists are long gone already. 0.79
00:30:18.280 And it means Jews, mostly, at this point. 0.82
00:30:21.520 This is where Schmidt finally gets to do stuff. 0.65
00:30:24.140 Because he helps write one of the coordination measures, the law of April 7th, about bringing the local municipalities into line with the federal government.
00:30:34.100 And he writes a commentary on that law.
00:30:38.220 And this is where he starts building his own myth.
00:30:41.240 And we should say, like, Schmidt knows his way around a constitution.
00:30:44.220 So, like, he's not wrong about this, but he's starting to sort of emphasize and underline, right?
00:30:48.040 Like, he now reads his interpretation of the Preussenschlag, of the coup from above, where basically Hindenburg and von Papen conspired to take over the federal state of Prussia, right?
00:30:58.280 It's as though Trump were to remove Gavin Newsom and install someone as the governor of California.
00:31:05.660 And he basically reads that as a first step towards the total state, which I think is accurate.
00:31:10.960 The Nazis looked at that and were like, okay, cool, we can do that, right? 0.86
00:31:13.580 Yeah. And as essentially presaging the ascent of Hitler. And I think that that part's a little bit more doubtful. But he writes in the notes to the law, the Prussian coup, in heavy quotation marks, I'm guessing on his part of July 20th, 1932, represented the first attempt to assert the Reich's right to unified internal political governance. 0.62
00:31:34.600 Okay, so now the Reich, by which I assume he's meaning like the Nazi regime de facto, has its own rights that can be enforced by the law over the rights of municipalities or states.
00:31:48.180 Yeah, I mean, it's a good flag. 0.74
00:31:50.160 Yeah. 0.69
00:31:50.500 What he's saying here is that Germany as a whole, the Reich as a whole, has rights.
00:31:56.640 Right, but he doesn't mean like, he doesn't mean like any of the opposition parties.
00:32:01.080 This is not something that was going to come up if, say, the Reichstag had been under SPD control.
00:32:07.260 Exactly. And in fact, it's very clear that the Reich for him at this point is very much not an institutional entity, right?
00:32:14.400 Like what we say when like something VUS, right?
00:32:16.780 Like that's the institutional framework of the United States that is on trial there, right?
00:32:21.700 Oh, so he means like kind of like the essence of Germany, like the German spirit.
00:32:26.080 Yeah. Oh, my God. That's the other thing is these guys talk, it's like define your terms and they can't because they're talking about a vibe.
00:32:33.080 They're trying to grant legal rights to a vibe here.
00:32:35.400 Yeah, exactly. Right. This is not an institutional entity.
00:32:38.360 It's not even a political entity in the way we would traditionally understand that.
00:32:41.860 It's political in the sense that he uses the political. Right.
00:32:46.240 It's vitalist, as I was mentioning last time.
00:32:49.220 It's a subject that is able to make the friend enemy distinction for itself.
00:32:53.000 That thing has certain rights.
00:32:55.260 And you've already detected this.
00:32:56.900 That definition leaves out communists, social democrats, Jews, etc., etc., right?
00:33:02.700 It's not everyone.
00:33:04.900 It's not every German citizen. 1.00
00:33:06.900 It's an illiberal model of the nation. 0.97
00:33:08.980 It's basically the nation as a thing that you belong to and you can be excluded from.
00:33:13.980 And that's not an accident.
00:33:15.220 As the structures of the Weimar Republic totter and collapse around him, the Volk sort of reemerges as a central category in Schmidt's thinking.
00:33:25.000 That's not new for him.
00:33:27.060 He sort of pushed this line since the late 20s, but he now can sort of emphasize that.
00:33:33.760 And just to give you a sense of like how that shifts your legal categories, to me it's fascinating as a, you know, in a way a child of liberal democracy myself.
00:33:41.760 It really helps to envision the kinds of examples he has in mind, because while Carl Smit is, as we mentioned, very good at the sort of big claim, he is also a practiced lawyer.
00:33:52.700 So he can sort of then drill down and be like, this is an example of this.
00:33:55.860 Here is one example that really clarified this for me.
00:33:58.740 And this is from a 1929 essay, Essence and Genesis of the Fascist State.
00:34:02.640 Okay.
00:34:03.180 Where he criticizes the institution of the secret ballot.
00:34:09.060 Okay.
00:34:09.540 Right? Like my first reaction exactly. I'm like, okay, wow, we're really far down the rabbit hole, Carl, aren't we?
00:34:17.040 His claim is that the secret ballot actually thwarts the will of the Volk by unduly individualizing, privatizing, and most importantly, depoliticizing it.
00:34:29.060 I'll just quote from this essay, that today's methods of secret individual voting jeopardize the entire realm of the state and the political through complete privatization, entirely displacing the people as a unified entity from the public sphere.
00:34:45.120 The sovereign, da-da-da, vanishes into the voting booth, and degrading the process of forming the state's will to a mere aggregation of secret private individual wills, or in reality of uncontrollable mass desires and resentments.
00:35:01.640 Okay.
00:35:03.080 Like, the Volk has a right to find its own collective will.
00:35:09.060 That is its essence.
00:35:10.200 And this necessarily has to override the individual wills of anybody I happen to deem inconvenient.
00:35:17.120 And it strikes me that this, like, sets up a no-truth-Gossman fallacy, right?
00:35:20.920 Because if you have, like, a section of the Volk that does not agree with this supposed expression of the collective will, then they're not a true member of the Volk, right?
00:35:31.920 It's a concept that is sort of morphologically exclusive, right?
00:35:36.940 It's, like, able to, like, keep changing.
00:35:38.620 There is definitely an element of that. If I had to steel man his argument here, I would say he's probably thinking of public acclamation as a counterexample. The way maybe at a march, if someone starts shouting something that the rest of the group doesn't share, you might shout them down and be like, just get in line and like shout along with us.
00:35:58.020 That is a form of like collective will finding that is public and is open, right?
00:36:02.760 Like two groups might shout at each other.
00:36:04.760 I think that's the sort of thing he thinks.
00:36:06.840 He's like, you can be in the minority here, of course, but the collective will impress
00:36:12.880 itself upon you.
00:36:14.100 It'll be very obvious.
00:36:15.300 It'll be physically palpable to you that you're in the minority and you will not feel
00:36:18.760 good.
00:36:19.480 So that would be the most steel manned version of this, right?
00:36:22.280 And he's correct that the liberal state, of course, wants the secrecy of the ballot
00:36:27.020 but precisely to thwart that, to be like, it shouldn't just be the loudest voices.
00:36:31.680 It shouldn't be our craziest passions that carry the day.
00:36:35.300 The voting booth is meant to be a lonely place where you sort of think like,
00:36:38.360 do I really believe this or am I not comfortable with this, right?
00:36:41.620 It's meant to stage a break from collective life.
00:36:45.240 Like here am I as an individual person.
00:36:47.920 How do I feel right now in my heart of hearts?
00:36:51.420 To him, this is a bourgeois fiction.
00:36:53.000 But I think that a lot of constitutionalists would defend that and say like, well, no, especially in the situation where mass media can generate the impression of widespread popular support, something that Josef Goebbels was developing as a technique, right as Schmidt is, you know, saying all this stuff, right?
00:37:14.080 It's actually much better to sequester people forever briefly from the clamor outside and be like, wait, does this actually make sense?
00:37:22.420 Do I want this?
00:37:23.620 Anyway, I think that's a pretty clear example of like how, where he thinks there's this undue liberalization, this undue individualization and privatization of what ought to be a public consensus finding of the folk.
00:37:39.820 But as you point out, this also kind of requires saying, well, you guys don't belong.
00:37:44.560 Yeah.
00:37:44.880 And not just like because the others shout louder, but because there's something wrong with you, right?
00:37:49.240 Like this becomes a kind of biologistic and vitalistic conception.
00:37:52.760 And basically his claim in May, in a May essay that he writes the good right of the German revolution, May 12th, he points out like right now what you've seen out of Hitler is mostly stuff coming out of the administrative state.
00:38:07.080 You get the police cracking down.
00:38:08.740 you get the Reichstag fire decree, you get the coordination laws, right, the Gleichschaltung.
00:38:15.460 You are starting to see governors replaced by Stadthalter, et cetera, et cetera, right?
00:38:19.100 This is all, these are administrative measures.
00:38:21.400 And his point in that essay and in many of the essays at the time is to say, that's a mistake.
00:38:28.200 If that's how we're doing it, that's not what's actually happening here.
00:38:31.600 What's happening here is a self-assertion of the Volk, right?
00:38:35.340 He says, quote, in rapid succession, the Reich government has enacted laws whose true significance has been grasped only by a few.
00:38:43.120 The underlying legal principle that governs and informs this body of legislation can be summed up in a single word and concept.
00:38:50.340 Gleichartigkeit, sameness of kind.
00:38:52.840 A people is awakening to an awareness of its own nature and is rediscovering itself and its own kind. 0.66
00:38:59.420 Uh-oh. 0.98
00:39:00.140 Yep.
00:39:00.460 I know what that means. 0.98
00:39:01.840 It's like, wait, is this fucking essay about us and how we don't belong to the Volk? 0.66
00:39:06.760 So he says, from now on, German law and the German state are not based on an empty and formal equality of all before the law, but rather on the substantive and essential homogeneity of the entire German people, a people united and uniform within itself. 0.90
00:39:23.000 There it is.
00:39:24.260 Blood and soil.
00:39:25.500 There we go.
00:39:26.300 Yeah.
00:39:26.640 Exactly.
00:39:27.120 Right.
00:39:27.260 So like Schmidt, like he claims to not hate democracy.
00:39:31.040 He hates what we think of as democracy, but his democracy is like one where like the Volk will shout you down.
00:39:37.820 He doesn't profess to hate equality. 0.72
00:39:40.580 He just thinks we have a overly abstract form of equality.
00:39:44.120 Equality is not a thing that we should all arrive at.
00:39:47.040 It's the thing we should depart from.
00:39:48.380 The fact that you and I share a biological destiny and a biological identity, and that should be the kind of jumping off point for our political decisions, not the goal for our constitution.
00:40:02.220 Right. Well, this is always the double-edged sword of what we call populism, right?
00:40:06.120 Because the notion that the people are sovereign means that you have to deal with the fact that the people don't all agree with each other, right?
00:40:14.400 And one very popular way to do it by the likes of Schmidt is to sort of identify a very specific group of people that you mean and only sort of permit their perspectives to be legitimated or, like, recognized.
00:40:27.600 Exactly. Four out of five German dentists agree, and the fifth German dentist is no longer working as a dentist at this point, right?
00:40:34.160 Schmidt's very clear that this is not about changing constitutional structures and bringing things into alignment with the central government.
00:40:41.480 That's also what's happening, but it's about the sovereignty of the Volk, one that excludes many people, right, who have German passports, who have the right to vote.
00:40:52.020 So this Volk concept, something that he has come to as a source of democratic legitimacy or like governance legitimacy, it does seem to be like a kind of rapid return of this idea. 0.57
00:41:00.560 Is he just like post hoc trying to form a justification for what he sees the Nazis doing? 0.64
00:41:04.800 Is he trying to guide them in their future consolidation of the German state?
00:41:10.600 What's the object of all this thinking about the Volk?
00:41:14.040 Hard to say.
00:41:14.980 I mean, he's had this idea since the 20s.
00:41:18.200 I think he firmly believes in it.
00:41:20.380 It's very clear that he hates, hates, hates anyone that he would exclude from this group.
00:41:26.280 I think what he's doing here is more trying to egg the Nazis on, right?
00:41:32.020 He's saying, yes, it's smart to get a bunch of people into positions of power.
00:41:38.220 But every populist does that, right?
00:41:40.060 every authoritarian does that. You guys have to go further. You have to explain that Gleichschaltung,
00:41:46.820 right, that the equalization of these institutions is not about making things the same. It is about
00:41:52.800 recognizing what is already the same and what is not the same, what doesn't belong, right? And
00:41:58.920 again, I mean, I don't want to hand it to Carl Schmitt, but as a diagnosis, he's of course right.
00:42:03.740 In some ways, people thought like, oh, this is an authoritarian government removing its political
00:42:08.040 enemies from positions of power. And he's like, no, this is about who biologically belongs to a
00:42:13.380 category. And I think historically, like, yes, that's what it was about. Carl Schmitt likes it,
00:42:18.800 which is a problem. But as a diagnosis, it's definitely more right than anyone who would
00:42:24.100 have said in April or May. It's like, well, look, dictators always do this. They're just going to
00:42:28.160 get their buddies in a couple of positions of power, and then it'll all run its course, right?
00:42:32.260 He's like, no, no, no, no. This is a biological project.
00:42:35.180 Yeah, it's occurred to me a couple times, and I don't want to get too derailed here, 0.81
00:42:37.580 But it's occurred to me a couple of times as we've talked about Schmidt that he has a much clearer vision of the Nazi project than somebody like Thomas Mann does at this point.
00:42:45.800 Yeah. 0.62
00:42:45.960 He understands exactly what they're doing, whereas other people are still sort of confused and thinking about it under sort of perhaps older or less comprehensive models of like corruption.
00:42:56.400 Yeah, exactly.
00:42:57.200 You would think about it as corruption or you think about it as populism.
00:43:00.020 This is a point that I think Frederico Finkelstein makes in one of his books, that populists and fascists both love talking about the enemies of the people, but one group does something about that, right?
00:43:11.060 Whereas the other one is just does that when a judge is like, oh, that's corruption, by the way.
00:43:15.080 Like, that's an enemy of the people, right?
00:43:16.840 I don't know if that entirely holds any more as a distinction, but it's very noticeable that, again, Schmidt here has a decisionistic agenda.
00:43:24.000 He's like, these distinctions between friend and enemy do not matter as a matter of rhetoric.
00:43:28.980 It only matters if you make them matter, right?
00:43:32.180 If you make them part of people's lived reality,
00:43:34.600 that has to be part of what's happening here.
00:43:37.240 Otherwise, fine, you're like Andrew Jackson.
00:43:40.760 You have this rhetorical stance
00:43:42.360 and you sort of make some head fakes towards authoritarianism,
00:43:45.240 but you're not quite going there, right?
00:43:46.820 And he's like, no, to make the friend-enemy distinction
00:43:48.900 is you believe it and you will try to destroy that enemy.
00:43:52.680 Okay.
00:43:53.320 Just to give you a sense of like what that can sound like
00:43:55.400 in terms of like who belongs and who doesn't to this Volk,
00:43:58.400 On May 31st, you mentioned Thomas Mann, Schmidt writes an article about people like Thomas Mann, though Mann at the time would not have been in his crosshairs necessarily, because if you recall, Mann sort of kept a little mum early in 1933.
00:44:11.700 But he writes this brief article in the Westdeutscher Beobachter.
00:44:14.760 We should also mention that for a law professor at the time and a government worker, Schmidt is like very present in newspapers.
00:44:22.560 A lot of these are newspaper articles.
00:44:24.920 And this one is called the German Intellectuals.
00:44:27.660 So basically here we get to a group that is definitely not part of the Volk.
00:44:32.320 And I would invite our listeners to think if this sounds like any people they could find on Twitter today.
00:44:42.240 I'm going to read the first paragraph here.
00:44:44.140 Today, hundreds of quote-unquote German intellectuals sit abroad inciting war against the German people. 0.62
00:44:49.880 The treason against state and nation that they practiced secretly and under a cloak of concealment for decades,
00:44:54.820 they now perpetrate openly before the entire world. 0.92
00:44:58.540 Most of them still hold German citizenship and can, in that sense, still call themselves Germans. 0.60
00:45:03.540 Whether it would be expedient to strip them of their citizenship by law is a separate question,
00:45:08.380 and perhaps not even an important one.
00:45:10.400 For those of you keeping track at home, this would take until August.
00:45:13.840 They would make Carl Schmitt's suggestion here a reality within less than three months. 0.81
00:45:18.260 The fact that they use the German language no more makes them Germans 0.88
00:45:22.260 then the counterfeiting of German money makes the counterfeiter German. 0.67
00:45:26.780 They have never belonged to the German Volk.
00:45:29.460 So there's also a sense of German identity as something that's being stolen and cheapened
00:45:33.540 by people who are outside of this, like, you know, sovereign popular will.
00:45:38.200 Yeah, people who speak good German, people who claim German-ness,
00:45:43.900 people who've been secretly infusing corrosive ideas into the Volk, 0.79
00:45:48.520 but who never can quite belong, who can only create a mimicry of German culture. 0.97
00:45:53.720 Gee, yeah.
00:45:55.060 Yeah, it sounds like anti-Semitism.
00:45:58.040 It is.
00:45:58.540 It sounds like racism.
00:46:00.560 It sounds like a lot of stuff that's very familiar.
00:46:03.320 Yeah, it's a credit to him, I guess, that he doesn't say the Jews in all caps, 0.99
00:46:06.920 but like he might as well, honestly. 0.91
00:46:08.920 I mean, this sounds to me like an escalation.
00:46:11.800 Is this just him kind of going public with what he felt like
00:46:14.760 when he was at that party with a Jewish guy in January?
00:46:17.700 Is this just kind of him exposing or like stating out loud what he's always believed?
00:46:22.340 Or is this a real change in his thought?
00:46:25.220 It's really unclear, right?
00:46:26.520 There is definitely some retconning going on at this time.
00:46:30.900 Schmidt had published his major works with one publisher, Duncker und Humblott, in Berlin.
00:46:35.420 And his editor there was Ludwig Feuchtwanger, Leon Feuchtwanger's brother.
00:46:39.200 And almost immediately in 1933, he moves it to a new publisher
00:46:43.440 and begins basically spamming that publishing house with manuscripts.
00:46:48.340 Remember from the first episode that Schmidt's books tend to be quite short.
00:46:52.180 And so Schmidt just kind of craps these out in rapid succession.
00:46:56.260 And the publisher of Hanseater's Verlagsanstalt,
00:46:59.060 you know, it's not around anymore for good reason.
00:47:01.620 It's not a Nazi institution,
00:47:03.780 but it pivoted hard to just like publishing Nazi stuff in 33.
00:47:08.380 I'm not even sure if it's that much about like ideological alignment,
00:47:11.860 though I'm sure that existed too. 1.00
00:47:13.440 It was really much more about, like, you know, all these idiots have to, like, shit out these pamphlets. 1.00
00:47:18.640 And then, like, they make all their party-faithful suck-ups who are trying to, like, become something in the Ministry of Propaganda by them. 1.00
00:47:25.880 So this is a really good grift for someone, right?
00:47:28.820 And by May, for instance, he's revising the concept of the political for this new publisher.
00:47:33.500 He makes changes to it to make it more predictive of the Nazi state.
00:47:38.640 He's also applying for NSDAP membership right before the party closes the door.
00:47:43.440 This is mostly throughout April. So while he's not technically what was called the fallen of March, right, the people who rushed into the Nazi party the moment the votes had been cast on the March 5th election, he's basically a guy who fell one month later. Good job. Real moral high ground there, Karl.
00:48:01.340 So by April 29th, he has bought a Nazified cap and gown. 0.75
00:48:05.740 By May 1st, Labor Day, he is elated by the, quote, grand celebration, wearing my new academic gown.
00:48:12.200 And then reports on this big rally they have for May 1st, which the Nazis sort of tried to turn into this big performance to sort of like show solidarity with the working class.
00:48:22.860 Rector Leupold spoke magnificently.
00:48:24.740 Then Winkelkampner and a young SA man, the latter insolent and overly arrogant.
00:48:29.740 Then we sang the Horst Wessel song with great enthusiasm, often felt a sense of dread at its chthonic brutality and elemental force. 0.75
00:48:37.520 So, like, here he is, not three months after, like, I hate this Hitler guy being like, what are the lyrics to the Horst Wessel lead again? 0.88
00:48:44.700 I used to be terrified of it, but now I'm into it. 0.98
00:48:49.300 All right.
00:48:50.080 Well, now let's jump forward a little bit.
00:48:52.080 In October, there's a big meeting of the Reich's jurists in Leipzig.
00:48:56.760 And it's a really kind of interesting conclave because, of course, while coordination measures are slowly purging Jews from legal academia and from the justice system, not all of them were purged.
00:49:10.400 Meaning if someone was a front fighter, for instance, in World War I, they probably still could be a judge.
00:49:16.680 They might be a lawyer.
00:49:18.120 They might still be a law professor.
00:49:21.040 That's right.
00:49:21.420 There are exceptions to the racial exclusions for like World War I veterans, basically, right?
00:49:26.020 Yeah, for a little bit.
00:49:27.420 Yeah.
00:49:27.620 But they're not invited to this thing because basically it's run by the National Socialist Jurists Bund or whatever it's called. 0.98
00:49:34.280 And they're like, no Jews, please.
00:49:37.160 We're Nazis over here, right?
00:49:39.160 And so this conclave, I find very, very fascinating because Schmidt comes to this. 0.59
00:49:44.040 He's sick again.
00:49:45.040 He's having a bad time.
00:49:46.940 Someone is mean to him.
00:49:47.900 Dude, this guy's got to wash his hands.
00:49:49.280 Like, he always has a cold.
00:49:50.640 His post-nasal drip must have been almost as upsetting as his fascism, yeah.
00:49:55.020 This is, of course, the show of, like, these big Nazi jurists who he's, like, kind of jealous of and kind of whom he doesn't respect. 0.95
00:50:01.540 I mean, justifiably so. 1.00
00:50:02.780 They're complete idiots. 1.00
00:50:03.640 But he's also got this, like, wounded supremacy of the creep, right? 1.00
00:50:06.880 He's like, even among the other Nazi lawyers, he can't feel at home. 0.62
00:50:12.340 He has to resent the success of others. 0.76
00:50:14.640 He has to understand himself as, you know, this slighted genius.
00:50:18.600 Exactly.
00:50:18.940 He ends up giving one lecture there, which it's about the administrative state.
00:50:23.080 It doesn't matter so much.
00:50:24.440 But it's material from a book he's going to publish in November of 1933.
00:50:28.780 It's called State, Movement, and People.
00:50:31.120 So this is this triad that he's proposing, right?
00:50:33.500 Like it's no longer, sovereignty is centered in the congruence of state, movement, and people.
00:50:39.100 The people being read here as the Volk.
00:50:41.080 And I think this gives you a really good sense of like how Schmidt is thinking about these things.
00:50:46.280 The big question around this jurists meeting is the Rechtsstaat.
00:50:50.640 It's the question of the state of laws.
00:50:52.500 Because like you're refashioning the entire way the criminal justice system works and whom it's supposed to serve. 0.51
00:51:01.420 There are entire principles of the legal system in Germany that are supposed to be turned on their heads.
00:51:06.780 One example, I think this comes in a little bit later, is the prohibition of analogy becomes the demand for analogy.
00:51:13.320 So this is a kind of a complicated one, but basically in a liberal constitution, one of the principles is nulle pöne sine lege, right?
00:51:22.740 No punishment without a law.
00:51:25.440 Just because something feels like it ought to be against the law,
00:51:27.960 unless you can point out which paragraph this person has violated,
00:51:30.980 they can't go to jail.
00:51:32.200 The Nazis want to turn that on its head
00:51:33.940 because they're like, that's just protection of the criminal.
00:51:35.840 If it feels wrong to the people, it's wrong.
00:51:39.040 It's bad and should be punished. 0.98
00:51:40.540 So just get fucking creative with it. 0.99
00:51:42.420 So there's all this stuff that sort of has to be turned on its head. 0.98
00:51:45.080 And at the same time, the question becomes like,
00:51:47.280 well, how is this still a state of laws, right?
00:51:49.720 Like, it feels like it's a state of vibes, you and I might say.
00:51:52.980 And there's this real debate and this real question about like, well, how exactly do we justify this?
00:51:57.920 And here I think we can see Schmidt's intervention again, because I think his justification of this or his critique of this fixation on the state of laws goes back, A, to a pattern we've seen from him before.
00:52:11.260 And B, gives us, again, a very nice exemplification of how his thinking really works once you put it into the service of a government.
00:52:19.600 What it resembles is that once again, Schmidt is saying, well, yes, this is a problem if you have an overly liberal understanding of what a state of law means.
00:52:27.540 Same way that he's like, yes, yes, yes, I'm not against democracy, but not that kind of democracy, right?
00:52:32.340 Yeah.
00:52:33.020 Like he's saying, I'm for the state of law, but I don't mean by it what you mean by it.
00:52:37.560 This idea that the liberal state has basically either degraded our understanding of what the state of laws should be or has in fact repressed what it really is.
00:52:47.040 So, he says, in State Movement People, the liberal applies the term Rechtsstaat, a state governed by the rule of law, only to a state structured in two parts.
00:52:56.820 A state structured differently has, quote, no constitution, is not a, quote, constitutional state, and naturally not a state of law either.
00:53:04.960 It is not free, but rather an autocracy, a dictatorship, a despotism, etc.
00:53:10.440 Again, like, this is one of those Schmittian diagnoses where you're like, yeah, I would kind of say that, right?
00:53:16.120 Yeah, like I sort of know what you mean, but then he goes on.
00:53:19.200 Do you mind if I read this part?
00:53:20.280 Yeah, sure, yeah.
00:53:20.820 This two-part structure is based on the antithesis between state and free individual,
00:53:26.800 between state power and individual liberty,
00:53:29.240 between state and a society free from state control,
00:53:32.080 and between politics and a private sphere that is apolitical
00:53:35.060 and therefore unaccountable and uncontrolled.
00:53:37.860 So this is a vision of the state extending into every aspect of private life,
00:53:43.960 which is not just sort of like the family life, but really like into like the mind itself, right?
00:53:48.280 The state becomes synonymous or like supersedes the individual or comes to encompass the individual
00:53:53.140 so that like a set of individual rights becomes kind of moot
00:53:56.940 because there's not a distinction between the state and the person.
00:54:00.140 Exactly. So he thinks it is central to the liberal state as it emerges in the 18th century
00:54:05.980 that there is a sphere which the government has no business interfering with, right?
00:54:10.260 And, like, it is the job of the Constitution to create limits between those two spheres.
00:54:16.540 If you look at the Bill of Rights in the United States, right, like, you have a right to trial by jury.
00:54:20.940 There cannot be any bills of attainder.
00:54:22.460 There cannot be a quartering of troops.
00:54:24.680 There cannot be searches and seizures, et cetera, et cetera, right?
00:54:26.940 I mean, this is also a feminist criticism of liberalism, right, is that it leaves vast swaths of private life in a, like, Rousseauian state of nature where only the strong rule, or I should say a Hobbesian state of nature where the strong rule.
00:54:40.260 And where, you know, women are therefore sort of unable to guarantee their own, like, safety or dignity.
00:54:46.900 Yeah, one should say that Schmidt, he thinks this is superannuated, but his critique is not really that it is in itself bad, although he probably does think that.
00:54:56.940 He thinks it's just not accurate.
00:54:59.260 This two-part structure, he thinks, becomes increasingly illusory as states modernize, right?
00:55:05.160 He says, quote, behind the veil of liberal democratic freedom and the bourgeois rule of law, the pluralistic system of a multi-party state merged, as was characteristic of the 14 years of the Weimar Constitution.
00:55:16.000 What Schmidt means is that basically the picture of the individual versus the state is outmoded in a mass society.
00:55:23.980 There are non-governmental but also super individual political institutions that interpose themselves between individual people and power.
00:55:31.600 That might be like a corporation or a union or even, I think, a church, you know, like a lot of these institutions exist.
00:55:38.240 Yeah, he says these are often self-contained organizations of national denominational and other kinds.
00:55:43.700 That's what he means.
00:55:44.620 He's saying, look, that is an overly idealistic picture of how a society operates.
00:55:51.500 Really, there's a mediating influence there, meaning that there is really a tripartite structure here.
00:55:56.740 The bipartite structure on which the modern liberal constitution depends doesn't exist in any of the actual liberal democracies anymore, he thinks.
00:56:04.720 Behind the bipartite structure of the liberal democratic constitutional framework, an anarchic pluralism of social forces proliferated.
00:56:11.900 A chaotic amalgam of the state and the non-state, the public and the private, the political and the ostensibly apolitical.
00:56:18.740 Right. So he's saying that these things are neither fish nor foul.
00:56:21.700 You get this thing that's like a kind of mashup of both.
00:56:24.780 But how will we control civil society?
00:56:27.560 Yeah.
00:56:27.840 Indeed.
00:56:29.640 But the argument he makes is to sort of say, like, well, there's like a moment when your pastor talks to you about, like, how important it is to be faithful or to, like, be nice to your children.
00:56:39.960 And then the next Sunday, he might sort of give you a hint of how to vote.
00:56:44.020 Like, this is where the Kulturkampf once again raises its head, right?
00:56:47.040 The fact that Schmidt was raised Catholic and understands the kind of difficulty that Catholic Germans sort of were in, you know, after unification.
00:56:55.960 But note that he's basically saying, like, the Catholic Church is not sort of a leftover of a prior state of affairs, this kind of medieval remnant sticking out into 19th and 20th century Germany.
00:57:06.780 He's saying it's actually indicative of aporia of the modern liberal state.
00:57:13.280 It's not only that the Catholic church isn't going to go away in a liberal state.
00:57:17.660 Actually, this stuff's proliferating, right?
00:57:19.660 Even if you leave the church, you're going to belong to a union. 0.99
00:57:22.540 You might belong to a fucking bunny breeders club or whatever. 0.93
00:57:25.460 Like things are going to interpose themselves and they're going to collectivize you in ways that are neither fully political nor fully apolitical. 0.99
00:57:32.420 He's so mad at the idea that people have friends.
00:57:34.440 I'm sorry.
00:57:34.820 He's just like so outraged at the idea of people hanging out in a quasi-formalized way.
00:57:39.920 But this is also where his critique of another descending force comes in.
00:57:46.040 And this is what I wanted to close on because it's one that is extremely popular right now on the right.
00:57:51.200 Because Schmidt is particularly worried about a particular portion of this chaotic pluralism you mentioned.
00:57:58.320 The German civil service has never been a mere bureaucratic apparatus in the sense understood by Western liberal democracies.
00:58:04.720 Rather, he says, they functioned as an independent power within the state.
00:58:10.660 The bureaucratic state, the federal bureaucracy, is its own source of power that is not accountable to the Volk.
00:58:19.920 And therefore, it forms an unregulated threat to the expression of the will of the Volk. 0.97
00:58:26.520 Yeah, it's much nicer than the original German. 1.00
00:58:28.680 You would know. 0.98
00:58:30.140 It's the deep state.
00:58:31.460 It's the deep state, y'all.
00:58:32.540 It's Dr. Fauci.
00:58:33.360 Yeah.
00:58:33.880 Unelected experts.
00:58:35.220 Although I'm told by the Supreme Court that now that they all serve exclusively at the pleasure of the president,
00:58:40.420 so long as that president is expression of the will of the people, special birthday boy, Donald Trump.
00:58:46.940 Exactly. 1.00
00:58:47.720 All these Schmittians will revert to being... 1.00
00:58:50.300 Separation of powers, like sticklers for a liberal order. 0.98
00:58:54.460 Right-wing anarchists the moment, you know, President AOC has picked out the drapes on the Oval Office.
00:59:02.180 It's important to stress that Schmidt is not necessarily saying that this pluralism,
00:59:06.760 this chaotic pluralism you mentioned, is a bad thing, though, honestly, like, probably.
00:59:11.760 Like, he really is impatient with this stuff.
00:59:14.400 But you could take him to say, this is just another place where liberalism is deluded or dishonest about its own reality.
00:59:20.980 At the same time, I do think the point about the deep state here is a pretty important one.
00:59:24.840 And I do want to point to the fact that Schmidt can be quite astute in discovering contradictions and repressions within liberal constitutions.
00:59:35.680 At the same time, I think that this statement has an empirical problem.
00:59:39.880 I don't want to fact check a work of political philosophy that feels kind of weird.
00:59:43.540 But as someone who has just read through a ton of texts about and from 1933, I do feel like I need to point out that this is kind of a strange argument to make in late 1933.
00:59:54.840 We're in October 1933 by now, right?
00:59:57.380 Yeah.
00:59:57.860 He's writing this in October, publishes the book in November.
01:00:00.700 It makes sense to say that bureaucrats actually have a lot of power and that they could wield that power sort of independently of popular will.
01:00:08.600 Sure.
01:00:08.980 Again, like we've gotten that during COVID, blah, blah, blah.
01:00:11.980 But in 1933, this was manifestly not the case, right?
01:00:15.880 German civil servants fell into line to a shocking degree, whether that was with their own removal, right? 0.99
01:00:22.480 No one is ever like, fuck you, I'm staying in my job. 0.99
01:00:25.340 Yeah. 1.00
01:00:25.560 They're like, oh, shit, I got shit canned. 1.00
01:00:27.300 Oh, sucks. 1.00
01:00:28.220 Yeah. 0.99
01:00:28.540 Or they're like, well, I should do what the chancellor tells me, what the president tells me.
01:00:32.300 I serve at their pleasure. 0.78
01:00:33.800 I will therefore start making lists of Jews. 1.00
01:00:36.120 Do I know what they're for? 1.00
01:00:37.300 No.
01:00:37.640 Do I care?
01:00:38.260 No, it's my job, right?
01:00:39.540 Mm-hmm.
01:00:40.140 As a historian, like, that's just not what happened, right?
01:00:43.360 Right.
01:00:43.600 So it's conspicuous that he sees this as a potential source of resistance where, in fact, resistance is not in evidence.
01:00:49.620 Exactly.
01:00:50.100 They clearly were not an independent power.
01:00:52.100 Yeah.
01:00:52.260 They fully understood themselves to be an apparatus, right?
01:00:55.640 So there's something that feels really off about Schmidt's diagnosis and that feels particularly off at the time that he writes it, which I think gives you kind of sense that this is really a guy trying to backfill the empirical evidence for the state that he sees emerging.
01:01:11.820 The total, the Führerstadt, the state focused on the leader figure of Adolf Hitler.
01:01:17.480 It seems like he's really trying to make things rhyme that don't really want to rhyme.
01:01:21.500 And he has all these noxious tropes he operates with that really don't work particularly well for the way that year actually unfolded.
01:01:29.840 He's just seen empirically what it looks like when a liberal constitution gets destroyed from within and taken over by a total state.
01:01:39.440 The total state's not quite there yet, but I mean, it's pretty darn close.
01:01:43.060 And yet, he basically, he has the same friend-enemy distinction he had in January 1933.
01:01:47.980 He has the same impatience.
01:01:49.460 He has the same kind of animating resentments,
01:01:52.140 even though it turned out that all these people
01:01:53.740 that he thought were his enemies
01:01:56.180 and were like trying to destroy him
01:01:58.300 and who he was so afraid of
01:02:01.080 and who haunted his nightmares.
01:02:02.620 Like all these people didn't turn out to matter.
01:02:04.380 And yet he holds onto them.
01:02:06.360 And I think it's precisely because he wants to make
01:02:08.260 common cause with this project.
01:02:10.520 Gross. 0.95
01:02:11.740 It's gross. 1.00
01:02:13.460 What a little fucking gross freak. 0.99
01:02:15.420 So before we leave our listeners, I would like us to just do a brief coda, because we've gone through 1933 with Carl Schmitt. 0.99
01:02:24.980 And you mentioned that he has a falling out with the Nazis not too far into the Third Reich by 1936.
01:02:29.860 So like still fairly early.
01:02:32.440 What happened there?
01:02:34.200 So basically, the SS seems to have disliked him and accuses him of opportunism.
01:02:39.400 You know, broken clock.
01:02:41.660 Yeah, I was going to say, you can't say they're wrong.
01:02:44.960 No.
01:02:45.420 Yeah. In my book, I argue that jurists in the Third Reich just found themselves in a really difficult bind.
01:02:52.160 They had to pretend like it was business as usual, like Schmidt being like, oh, actually, the Prussian coup to the, you know, various enabling laws to the synchronization or coordination laws actually are one single process.
01:03:09.920 And really what we are seeing here are revisions of the Constitution.
01:03:12.860 and then you have the fact that this is a obviously law-breaking
01:03:17.620 and obviously illegal seizure of power in many cases, right?
01:03:22.780 And so sometimes he succeeds in creating these kinds of justifications 0.89
01:03:26.980 but as time goes on, it's very clear that the Nazis are happy
01:03:31.780 for certain things to be a breach of the legal status.
01:03:35.040 Yeah, to be inconsistent, to be a violation
01:03:36.960 that just soars up their own position of domination.
01:03:40.060 This does remind me a little bit of how Trump has a really hard time
01:03:42.800 hiring lawyers now because a bunch of his old ones got disbarred, right? Like the legal arguments
01:03:49.500 that representing that guy requires you to make is often just like incompatible with, you know,
01:03:56.120 professional standards, let alone your personal dignity. And I can see that as being an ongoing
01:04:01.100 contradiction that's very difficult. The people who are resolving it really are the people on
01:04:05.940 the Supreme Court who are like kind of just happy to have, as you mentioned, inconsistencies,
01:04:11.300 glaring opportunism, because they can neither be promoted nor fired, right? There's no ambition
01:04:17.000 nor any consequence to sort of rein in their impulse to degrade themselves that way.
01:04:24.600 And if Schmidt wasn't there, I could see him getting kind of cornered. And it's the way that,
01:04:28.680 you know, revolutions eat their own. We're definitely seeing this as the manga right now,
01:04:32.060 right? These movements demand things of their adherents and of their intellectual and popular
01:04:38.820 foot soldiers that are actually not sustainable over the long term.
01:04:43.400 And people wind up being backed into these weird corners from which they can't really
01:04:46.880 fight their way out.
01:04:48.100 I think that's right.
01:04:48.700 I always have to think of a story that Richard J. Evans tells in his book, Hitler's People,
01:04:52.540 about Hans Frank, who's one of those Nazi lawyers of the very, like, much earlier than
01:04:56.880 Schmidt, like, was Hitler's lawyer for a long time.
01:05:00.380 And his moment sort of comes in June of 1934, during the Night of the Long Knives, where
01:05:07.840 he's ordered to basically execute a bunch of SA prisoners.
01:05:10.480 And he says, well, no, they're in my, you know, I arrested them.
01:05:14.420 We're going to have to have due process, right? 0.84
01:05:16.080 I can't kill these people on this list.
01:05:18.840 And he gets back essentially, I think, a telegram saying, 0.90
01:05:22.060 well, if you don't want to execute the men on this list,
01:05:23.860 we can put you on the list.
01:05:25.300 Yeah.
01:05:25.640 And that's the thing, right?
01:05:26.400 Like, you're riding the leopard and, you know,
01:05:28.860 eventually it'll come for your own face.
01:05:30.820 There is something about a regime that makes it a principle
01:05:33.940 to substitute the whims of one man to the rule of law
01:05:38.420 is inherently unpredictable.
01:05:41.140 Maybe if Hans Frank had been somewhere else in June 1934,
01:05:45.440 he wouldn't have been in this position,
01:05:46.760 but eventually you're going to get into that position, right?
01:05:48.800 Like you're going to get into a moment where
01:05:50.580 you don't know when, you don't know how,
01:05:52.600 when basically the structures that have been set up
01:05:55.580 by the Führersstaat, by the state,
01:05:57.940 organized according to the leadership principle,
01:06:00.460 and that leader himself, right,
01:06:03.200 He's going to be like, well, you know, again, like, it's the sovereign who decides the state of exception.
01:06:07.940 Like, that is both the central insight that Carl Schmitt brings to the Nazi state and is also, I think, what undoes a lot of people like him.
01:06:16.180 That, like, that state of exception, we talked about it in the last episode, has its analogy in the divine miracle.
01:06:23.580 And just like that, it tends to come like a bolt out of a blue sky.
01:06:26.820 And so, like, making that predictable, making it universalizable, making it so that people can live their lives by it is inherently difficult and inherently contradictory.
01:06:36.340 And it's particularly difficult and particularly contradictory for those whose job it is to then explain why Dear Leader never actually was inconsistent.
01:06:45.440 Not a job I envy. Not a job anybody can succeed at. And one that everybody will laugh at you when you inevitably fail doing and nobody will feel bad for you ever at all.
01:06:59.500 Exactly. Don't feel bad for Carl Schmitt.
01:07:01.620 Got what was coming to him.
01:07:03.580 Well, not quite.
01:07:04.260 Not really. He lived until the 80s. No, I said that and I realized it wasn't true. I was like, no, did not get what was coming to him.
01:07:09.820 But it does suck. 0.98
01:07:13.420 So that's a small consolation. 0.68
01:07:15.820 And I'll see you guys next time.
01:07:17.720 See you next time on InBed With The Right.
01:07:21.400 InBed With The Right is made possible by hundreds of listeners who support us via Patreon.com.
01:07:26.080 Our episodes are produced and edited by Mark Yoshizumi and Katie Lau.
01:07:29.580 Our title music is by Katie Lau.