by Adam Gopnik
the state is possible only because everything has been neatly removed from life and put in a filing cabinet.
The abstraction extends into every corner of French life. The girl at the France Telecom store who is asked for a new fax ribbon finds it, places it on the counter beside her—and then spends fifteen minutes searching through her computer files, her inventory, for some evidence that such ribbons do in fact exist. The ribbon on the counter is an empirical accident; what counts is what is in the system. The reality is the list; the reality is the document. This French habit of abstraction, unlike, say, the German habit of blind obedience, is difficult to criticize, because it is linked to so many admirable things. It is linked to the French sift for generalization, for intelligent living, for the grand manner, the classical style. It not only makes the trains run on time but makes them run on time to places one would like to visit. But it was this national habit of abstraction, with its blindness to particulars, that was, in a way on trial.
The irony was that a French courtroom attended by the French political classes was the last place to defeat, or even to test, the compulsive habit of abstraction. The language of French lawyering, like the language of the institute and the academy, is an etatiste language. Inside and outside a French court-room, abstractions pile on abstractions, and by the end you are so distracted that you are unable to face plain facts: children in a cattle car being delivered to a death camp. It was not just that you could not see the trees for the forest. It was that you could not see the forest because it was covered by a map.
So the documents involving deportations that bear Papon's signature might have been official orders authorizing actions, but—crucial difference—they might have been official memorandums, recording for the benefit of the regional prefect, Maurice Sabatier, who was Papon's boss, actions already taken, a type of document that belongs in a different filing cabinet. Berges, the historian who found the documents, was persuaded to testify that this was in fact the case. Papon was, in his own words, a mere telephoniste—a receptionist, taking messages and creating memorandums. Then what to make of Sabatier's delegating to him, among other things, responsibility for Jewish affairs? Ah, but—understandable, though lamentable, confusion—this Department of Jewish Affairs was a recording bureau, not to be confused with the governmental Department of Jewish Affairs, which organized the deportations and the convoys. Papon was responsible for Jewish affairs only in a secondary sense. Anyway, he did whatever he could to protect Jews; look at the memos in which he struggles to see to it that Jewish children are sent to their parents! But those children were being sent to parents who were already dead and were therefore being sent to their own deaths. Where on paper can that be shown to have been understood? Within the paper universe of the prefecture, the unorthodox act of attaching children's files to their parents' was an act of respect for families, whatever the sad distortion in the world outside. And Papon actually insisted that the cattle cars, wagons a bestiaux, be replaced with passenger cars. But if he was capable of ordering the change of cars then . . . No, here again you are confusing the technical decisions of the prefecture with the policy directives of Paris—or, in this case, of Paris and Vichy. In any case, Maitre Varaut, Papon's lawyer, demanded, seizing on the prosecutors' uncertainty about how hard to press their case, how could one talk about degrees of guilt in a crime against humanity? Either one was implicit in mass murder or one was not. Any other claim was illogical. One could not be 60 percent guilty, or 30 percent guilty The paper chain proved guilt or it did not.
Only the victims seemed quite real. Marcel Stourdze, a deportee who traveled back and forth from Paris to Bordeaux every day, in order not to miss a day, testified, "When I went back to Auschwitz after the liberation, I saw that in an enormous vat they had saved all the hair. I thought that I saw the hair of my wife. Today all that hair has become white. But at the time it still bore the color of those we had loved."
***
One of the shocks the trial offered involved the events not of 1942 but of 1961. At that time, when Papon was the head of the Paris police, the city and federal police had taken part in a massacre in which approximately two hundred Algerian demonstrators died. It was toward the end of the Algerian War, and Algerians in Paris, sympathetic to Algerian nationalism, broke a curfew and marched to the center of the city. There had been Paris policemen killed in the preceding month, and as the march pressed on, a kind of murderous free-for-all began. Many of the demonstrators, bound hand and foot, were drowned in the Seine. (The details of this atrocity, which took place in the center of Paris, remain murky and obscure.) A partial glimpse of the records of the crime appeared only last fall, in the newspaper Liberation.
This was regarded as good news for the defense—it showed that Papon had nothing particular against Jews—but it was also seen as an attempt by the left to equate the mistakes of the Gaullist regime during the Algerian civil war with the crimes of Vichy. What came to fill the gap of real issues was, inevitably, contemporary politics. The first people to feel the sting of the Papon trial were the Gaullists, and Philippe Sequin, the leader of the remaining Gaullist party, was the first political leader to denounce the trial. De Gaulle himself, Seguin felt, had come under attack. Papon, after all, had been allowed to continue in the fonction publique and had been regularly promoted by Gaullist politicians,
The right discovered a response in an 850-page book called Le Livre Noir du Communisme, the Black Book of Communism, which appeared last November, shortly after the Papon trial had begun. It is an encyclopedia of Communist atrocities around the world, from 1917 to the present, all scrupulously recorded and presented, with a tally of a hundred million deaths. The Black Book became the subject of a polemic, focused indirectly, as everyone understood, on the proces Papon. Were the crimes of the Communists really comparable to the crimes of the Nazis? And if they were, didn't that make the entire apparatus of international communism, including, of course, the French Communist party and its intellectuals—slavishly Stalinist for so long—"complicit" in another way too? Were the fiches in the prefecture the only ones that mattered or could acts in that other paper universe, of poems and manifestos, be complicit in murder too?
After the jury retired, the journalists waited for the verdict at La Concorde. The wine was good, a generic Merlot, and every table was taken. Nine o'clock became ten, the clouds of smoke thickened, and the gaiety rose as, one by one, filing deadlines for the next day's paper passed. Twelve o'clock and the French journalists are off the hook; three o'clock and the Brits are off! Only the Americans are going to have to file late tonight, no matter what. But then, around three-thirty, the big news comes in. The Paula Jones case has been dismissed; whatever anyone files is now set for page 2. Mildly annoying to the newspapermen, this news is disaster for the independent television crews. "I can hear them now," one cameraman says moodily, deep in his cups. " 'Ship it, ship it.' " ("Ship it" meaning "Don't even try to put it on the satellite" is the TV equivalent of "We'll call you.")
The owners of La Concorde had learned, over the months of the trial, that American journalists cannot be outdone in their pitiless pursuit of truth and blank restaurant receipts. To cries of "Fiche, fiche, fiche," the waiters slap one down with every order. A gloomy Dutch newspaperman at one table is telling stories about how often he has broken big stories, but in Dutch. "No one knows. No one cares," he says. "Cheesus could come back tomorrow, but if he comes to me, they'll know it only in Amsterdam."
The British journalists, deadlines gone, drink whiskey and begin to reminisce about other, kinder war crimes trials, where you didn't have to stay up all night for the verdict. "Take the Barbie trial," one says. "Everyone knew what the verdict would be, but the jury waited until just after midnight to announce it; that way they got an extra day's pay, six hundred francs. We all went out and got drunk with the jury and the lawyers, and then we filed and were all on the boat train home and back in London in time for dinner. Now, that was a trial for crimes
against humanity that wasn't a crime against humanity."
The Klarsfelds wander in and out, waiting for the verdict like everyone else. They have been cast as wreckers, loose cannons, pursuing some odd, private agenda. Seeing them together, certainly, one finds the connection between stolid, impassive father and mercurial son hard to grasp. Daniel Schneidermann, a television journalist who has written a book about the trial, argues that the horror of their family history—Serge's father was a deportee who died in Auschwitz—has left an "emptiness" inside Arno, the emptiness of a world that, since the Holocaust, has been abandoned by God. It is probably true that Arno's aggressive gestures—the Rollerblades, the jeans, the rude interjections in court—are meant to show a certain distaste for the whole pompous system, for the parallel paper universe in all its dignity. But it is also possible that metaphysics aside, the Klarsfelds just have a shrewder take on the possibilities of the trial than their more sophisticated confreres. They understand that only an "intermediary" penalty, only some finding of guilt for Papon clearly distinguished from the great guilt of the real killers, will seem plausible to a Bordeaux jury. They are struggling to articulate, in the rhetoric of the courtroom, that there are gradations of guilt, styles of complicity, even in the Holocaust. To treat Papon as though he were equivalent to SS killers, like Barbie, is, in a sense, to draw a line again around the killings, with pure evil on one side and innocence, by implication, safely on the other.
Among the people and the talk and the stories, one bald, hard-looking man in his seventies, drinking his cognac and coffee, never leaves his table. "Who is he?" a newcomer asks.
Nobody knows," one of the women from the wire services answers. "He's been here every day since the trial began. He has sled some of the women, but then he gave it up." She lowers her voice. "A lot of us think he may be the man from the FN." The FN, the neo-Fascist National Front, is the phantom of Vichy that everyone wishes would go to sleep.
At four-thirty in the morning it was announced that the verdict would arrive at eight. A lot of the American reporters went back to their hotel rooms, opened their windows to let in the French spring air, and turned on CNN to watch the news about the Paula Jones dismissal. It was hard, one reporter commented afterward, not to think about the extravagant good fortune of a country that had trials like that to worry about. Another, watching James Carville and Susan Carpenter-McMillan on Lorry King, said that he found it hard, particularly after months of trying to decode French verbal combat, to remember which was which: Did the two Americans on TV actually hate each other, despite the smileyness and forced good humor? Or was the hatred the pretense, and the reality the professional prizefighter's camaraderie? He had, he said, been away from America too long to remember.
By eight everyone was back at La Concorde. Serge Klarsfeld was waiting too. Someone asked one of the Brits, who had been there all night, if anyone had any instincts about what was to happen.
"None," he said.
"No one was persuaded?"
"No one was sober," he replied.
Shortly after nine a middle-aged woman rushed into the cafe. She was stout and squarely built and was bent over as she ran. She had both palms held out straight in front of her, fingers spread. It was a strange, lamenting posture, like that of a Greek mourning figure.
She ran over to Klarsfeld. He nodded and wept briefly, and they held each other. Ten! The spread fingers meant that Papon had been given ten years. "And everyone against us," Klarsfeld muttered. It was a victory for him and for Arno; the jury had found Papon guilty of complicity in crimes against humanity but not of mass murder.
Outside, the children of the deportees came to meet Klarsfeld, clasping one another and kissing cheeks. They were stout and old and plain; evil may sometimes be banal, but virtue, to its credit, always is.
In front of the courthouse the argument had already begun. "It isn't enough of a penalty!" someone cried. "You go serve ten years," Klarsfeld said, pushing him gently The stout lady kept saying, "It was double or nothing, the parquet"—the government prosecutors—"wanted double or nothing." She said "double or nothing" in English. Klarsfeld said, "He was not Touvier, and he was not Barbie. The ultimate responsables were the Nazis. After you have looked a real Nazi in the eye, you know the difference with Papon." For the most part, the civil parties and the reporters who had been with them for six months were disappointed. "Ten years! Ten years is what you give a housebreaker," one exhausted French journalist said.
Somehow, back in Paris, the verdict seemed more tolerable. Paradoxically the trial had concentrated so exclusively on Papon's role in Bordeaux in the forties that it had redrawn his picture, making him once again a mere prefect. In reality, he had not been one more face among the fonctionnaires but one of the highest, one of the great men of state, a cabinet minister. But this was a Paris reality, not a Bordeaux one, and it was only back in Paris, where the ministerial Papon could be recalled, that the scale of the achievement in Bordeaux registered. A great man of state, protected by the state, had been pursued for crimes by pitifully ordinary people—and despite that, he had at last been held responsible. It wasn't the victory over abstraction that Camus had died dreaming of. But this time nobody gave up.
In a way, the jury in the Palais de Justice had even, over sandwiches, used their imaginations to make some necessary retrospective law, and they had done it well. By saying that Papon didn't know where the trains were going, and also saying that he was guilty of crimes against humanity, they were making the right and courageous point. To deliver a child to the secret police is as large a crime against humanity as you ever need to find, no matter where you think he is going or what kind of car he is going to travel in. The men with stamps and filing cabinets now couldn't plead procedure any more than soldiers could plead orders; the appareil of the state would have to understand that their fiches represented people, whether they were Jews or Algerian demonstrators or refugees yet to come. The parallel paper universe now had a window.
***
I had explained to Luke, over the course of the trial, what was going on and why I was away: A bad man had long ago done wicked things to little children, and now he would be put in jail for it. When I came home, he asked if they had put the bad man in jail, and I said, well, yes, they had. "And when the bad man got put in jail, did all the children come out?" he asked.
Of course, they hadn't even really put the bad man in jail. Papon remained free for almost another two years in various appeals—unusually so for a convicted man in France—and then, on the eve of his incarceration, fled to Switzerland. It seemed clear from the circumstances of his flight that he had some kind of internal help from the French functionary state. But he was found, quickly, within days, and brought back to France and locked up at last. In his flight he had taken the alias of La Rochefoucauld, the great French skeptic, a man of culture to the end.
Trouble at the Tower
Paris in July is pretty much left to the tourists and the people who look after them, while everyone else goes south, or west, or, in any case, away. An incident at the Eiffel Tower—which left a tourist sore, the tower closed tight for a couple of days, and an elevator operator out of a job for a while—told you everything you needed to know about what happens when you leave the tourist and his handlers alone to sort things out. What happened, if you missed it, was that a lady tourist got on the "up" elevator of the tower with a ticket for the second platform and then decided to get off at the first platform (because she felt dizzy or because she didn't, or just because she was exercising her fundamental right to get on and off an elevator whenever she felt like it). She was kept from getting off the elevator by a French elevator operator (who either gently dissuaded her or handled her a bit roughly, or else launched into a Joe Pesci-in-a-Scorsese-film attack). The woman (an American? No, a Brit! Finally the French papers settled on calling her an Anglo-Saxon) was, it turned out, a successful writer with a profound sense of indignation and a lawyer. She complained, and the company th
at runs the tower—it's a private business—had the elevator guy fired. But then the rest of the tower employees went out on strike in solidarity, closing down the tower and leaving a lot of indignant American and British tourists on the ground, furious at being denied their chance to be manhandled by the elevator operators.
The incident produced a certain panicky, just discernible exchange of meaningful glances for the rest of the week between the tourists and the touristed. ("So that's what they want—our lives!" "So that's what they want—our jobs!") Naturally, sympathy in France gathered quickly around the wronged operator and his striking friends, while sympathy on the Anglo-American side gathered around the roughed-up lady. This distribution of sympathy wasn't merely tribal, though. The Eiffel Tower Incident of the Summer of '97 illustrates a temperamental and even intellectual difference between the two cultures. Most Americans draw their identities from the things they buy, while the French draw theirs from the jobs they do. What we think of as "French rudeness," and what they think of as "American arrogance," arise from this difference. But she was just trying to have a good time, we think. But he was only doing his job, they think. For us, an elevator operator is only a tourist's way of getting to the top of the Eiffel Tower. For the French, a tourist is only an elevator operators opportunity to practice his metier in a suitably impressive setting.
The metaphysics of consumerism are much studied, of course, since it seems to be the century's winning ism. (Americans have shown that whole art forms can be made through creative browsing.) Producerism, its surprisingly hardy French counterpart, is much less well diagnosed. The Eiffel Tower itself is a prime example of pure producerism, of metier mania: a thing built by an engineer as a self-sufficient work, whose only function is to stand there and be admired for having been engineered. The French ideal of a world in which everyone has a metier but no customers to trouble him is more practical than it might seem. It has been achieved, for instance, by the diplomats inside the quai d'Orsay, who create foreign policy of enormous subtlety and refinement which has absolutely no effect on anyone outside the building. It has also been achieved by IRCAM, the modern music institute, which sponsors contemporary composers who write music that so far no one has ever heard. (When the waiter at the cafe finally deigns to shake your hand, it does not mean that you are now a valued client. It means that you are now an honorary waiter.)