by Adam Gopnik
We go once a week, always get the same grenadine-coffee-pie combo, leave a ten-franc tip; I am sure that it is illegal for a three-year-old to play pinball, and I am paying protection. After a month or so, though, I noticed something odd. When we began to play, I would always discreetly drag a cafe chair over from the table and put it alongside the machine for him to stand on. But after we had done this five or six times, over five or six weeks, I noticed that someone had quietly tucked that small cafe chair under the left flipper, for Luke to stand on. The chair, the little bistro chair, was pushed under the pinball machine, on the left, or Lukeish, side. There was no talk, no explanation; no one mentioned it, or pointed it out. No, it was a quiet, almost a grudging courtesy, offered to a short client who came regularly to take his pleasure there. Nothing has changed in our relation to that cafe: No one shakes our hands or offers us a false genial smile; we pay for our coffee and grenadine as we always have; we leave the tip we have always left. But that chair is always there.
Papon's Paper Trail
Bordeaux is the town where France goes to give up. It was where the French government retreated from Paris under fire from the Prussians in 1870, and again from the kaisers armies in 1914, and where, in June 1940, the French government fled in the face of the German advance and soon afterward met not just the fact of defeat but the utter depth of France's demoralization. A. J. Liebling wrote of those days that "there was a climate of death in Bordeaux, heavy and unhealthy like the smell of tuberoses." He recalled the wealthy men in the famous restaurants like the Chapon Fin, "heavy-jowled, waxy-faced, wearing an odd expression of relief from fear." Though the bad peace was ruled from the spa town of Vichy, Bordeaux is the place that gave the surrender its strange, bitter, bourgeois character: a nation retreating from cosmopolitan Paris back to la France profonde.
Bordeaux has always been a trench coat—and—train station, 1940s kind of town, and despite the mediocre, concrete modern architecture it shares with nearly all French provincial capitals, it remains one. The Chapon Fin is still in business, but it is not deathlike—merely nervous and overwrought, in the way of French provincial restaurants since the capitalists trimmed down and the only market left was German tourists.
In the spring of 1998, Bordeaux was invaded again, this time by battalions of lawyers, broadcasters, historians, and journalists, who had come to attend or participate in the trial of Maurice Papon—the former secretary-general of the Gironde, of which Bordeaux is the capital—for complicity in crimes against humanity fifty-five years ago, during the occupation. The Papon trial was the central, binding event of the past year in France, a kind of O.J. trial, without television or a glove. It was the longest, the most discouraging, the most moving, at times the most ridiculous, and certainly the most fraught trial in postwar French history.
On the last day of the trial, Wednesday, April 1, the invasion of the media became an occupation; what seemed like every European journalist resident in France, and a lot of Americans too, descended on the little square outside the Palais de Justice. The convenience of having La Concorde, a stage-set grand cafe right across from the Palais (doors open to the spring weather, bottles of good wine lined up on the wall), gave the end of the trial a strangely hilarious, high-hearted, yet self-subduing party spirit— a combination of Swifty Lazar's Oscar party and the Nuremberg trials.
Despite the mob, the national allegiance of every journalist was instantly recognizable. French journalists wear handsomely tailored jackets and share with English rock guitarists the secret of eternal hair: It piles up. Americans, rumpled and exhausted before the day begins, seem to be still longing for Vietnam. Even walking up and down the steps of the palais, they looked as though they were ducking into the backwash of a helicopter rotor, weighed down by invisible dog tags. What really depressed them was the knowledge that their stories about the proces Papon would sneak into the paper only "between blow jobs," as one said bitterly. The British alone were exhilarated, bouncing around in bad suits. They all speak French, they all knew they would be on the front page, and secretly they knew too that their readers would not be completely unhappy with a story whose basic point was that all foreigners were like that.
The great Nazi hunter Serge Klarsfeld waited outside the courthouse too. He is in his sixties, spreading at the middle, and was dressed in a black jacket and cloth cap. "If Papon is found guilty, then the appareil of the state will be held responsible," he was saying to another journalist. "The French people will be saying that there is a limit, you must act on your conscience, even if you are a man motivated not by hatred but by procedures." Behind him, members of his group, the Association of Sons and Daughters of the Deported Jews of France, were reading out the names of Jewish children whom Papon was charged with having sent to their deaths.
A few moments later three British journalists rushed into La Concorde, having just heard the accused man's last speech. Like all of Papon's interventions during the trial, this one was sonorous, unremorseful, and full of literary and artistic reference. As soon as he finished, the three judges and nine jurors had gone to deliberate 764 questions of guilt or innocence, with a tray of sandwiches to see them through the night. The three Brits now sat down and ordered wine and roast chicken, and one began reading his translation of the speech as the others ate: "He said that it was a double scandal, something about Camus in here. Oh, yes, his wife's favorite writer was Camus." The reporter looked down at his notes and deciphered. "They killed his wife ... I think." Papon's wife of sixty-six years had died, at the age of eighty-eight, the week before the trial was to end. " 'In their desperate . . . desperate search,' I think you'd put it, 'for a crime, they have killed her with . . . petite esprits.' What would you say? Small guns? Small steps? Little blows? Little blows. De Gaulle gave her a Legion d'Honneur."
" 'With his own hands,' " one of the other journalists added, consulting his notes.
"Oh, yes. God, yes. 'With his own hands.'Then there was . . . Oh, yes. Here's when he turned to the prosecutor: 'Sir, you will go down in history—but through the servants' entrance!'" The reporter looked up, his eyes amused. "Well, that's not bad. Now something here about the absence of Germans. Oh, yes:
'Throughout the stages of this strange and surreal trial, there has been a notable absence of Germans.'A Notable Absence of Germans—sounds like a Michael Frayn play. Then something odd about Abraham sacrificing Isaac in Rembrandt, a ray of light? Staying his hand. Anyone get that?"
Everything came to a halt as a crowd of journalists who had gathered around the table tried to call to mind the light of an early Rembrandt, struggling to keep up with the tight web of cultural allusion spun by a French war criminal.
"Well, anyway," the British reporter resumed, "he called it the most beautiful light in painting. I still don't get it. He's comparing himself to the Jewish child about to be killed? Well, it's a point of view. Anyway, he stayed the hand. So that's it. Camus, his wife, no Germans, servants' entrance, bit about the light, Rembrandt, and then the sandwiches were sent in," he concluded decisively.
"Anyone see what kind of sandwiches?" an American reporter asked anxiously The Brits laughed. But a little later the man from the L.A. Times said that he had seen the sandwiches go in, and he was confident that they were ham.
***
When the French government in Bordeaux surrendered, in 1940, it was replaced by the right-wing Vichy government under the direction of Marechal Petain, the great French hero of the First World War. The Vichy regime passed anti-Jewish laws that summer, before the Germans even demanded them. Two years later, at the Nazis' demand, Vichy began deporting Jews, including children, from all over the country. Although "only" 25 percent of the Jews in France were sent to death camps, this is, as the historian Robert Paxton has pointed out, a derisive figure: Jews in France were the most assimilated in Europe. If there had not been riches and dossiers in place at the prefecture, the Germans would have had a hard time finding Jews to kill.
No one disputes
that from 1942 to 1944 Maurice Papon, the secretary-general of the department of the Gironde, signed documents recording the arrest, assembly, and deportation of more than 1,500 Jews, including 220 children. The rafles took place between July 1942 and May 1944. The documents show that the deportees, some French, some refugees from the East, were to be sent to the transit camp of Drancy, outside Paris. Then they were to go to a destination inconnue. The unknown destination was Auschwitz.
Papon's history after the war is also public knowledge. By the end of 1943 Papon had begun to cooperate quietly with the resistance, and even sheltered an important Jewish resistant. Then, at the liberation, he delivered the prefecture to the resistance and, despite the complaints of a few locals, began a spectacular rise in the postwar French bureaucracy as an haut fonctionnaire. In the late fifties he became the head of the prefecture of police in Paris and, in the seventies, budget minister in the government of Giscard d'Estaing. (The division between hauts fonctionnaires and politicians in France is fluid; there were five hauts fonctionnaires in the cabinet that signed the armistice with the Germans. Today, 41 percent of the members of the National Assembly are civil servants on leave.)
Then, in 1981, Michel Slitinsky, a Bordeaux Jew who had escaped the deportations, met a historian named Michel Berges, who had been doing work on the role of the local wine negotiants during the war. Berges had stumbled on some interesting documents recording what the prefecture under Papon had been doing at the same time. Slitinsky eventually helped deliver the documents to the satiric newspaper Le Canard Enchaine. Later, two more Bordelais, Maurice-David Matisson and Rene Jacob, made formal accusations against Papon. (A Frenchman can bring a charge against another Frenchman to the attention of a magistrate, who may then investigate it.) President Mitterrand did everything he could to delay the trial. French justice is under the control, or anyway the influence, of the president; Mitterrand must have felt that opening old Vichy cases was not in anyone's interest, especially his. It was only in 1995 that a formal indictment was handed down. Last October, Papon was brought from his house outside Paris to Bordeaux to stand trial.
The trial began in October and was expected to end in December, but it went on until the poisson d'avril—April Fools' Day. The cast of characters in the courtroom, as the trial was reported in manic detail in the Paris papers, seemed noisy and fantastic. French courtroom decorum allows far more time than would be acceptable in an American or British court for free questioning, speechifying, digressive material, and moral instruction directed by whoever is in the mood to give it toward whoever he thinks deserves to get it. This lent the event an interestingly literary air. There was the lawyer for the accused, Jean-Marc Varaut, the author of grandiloquent books on famous trials: one on Oscar Wilde, one on Jesus. There was a stream of historians: Berges, now bizarrely on the side of the defense; the universally admired American Robert Paxton, the greatest of Vichy historians; and Henri Amouroux, "of the Institute," the most well-known historian to appear for the defense.
There was Serge Klarsfeld, whose son Arno was one of the leading civil prosecutors in the trial. (In a French courtroom, four or five separate prosecution teams—some civil, some from the government—can all argue the same case, each in its own way.) Arno drove the other prosecutors crazy. At the last minute he pleaded for a lesser penalty for Papon than perpetuite, the life sentence, demanded by the parquet, the prosecuting government authorities. And during the trial he led a move to have the presiding judge barred, on the ground that a relative of his had been among the deportees. (This may have been a preemptive strike, to keep the defense from raising the same point.) Then, after the motion failed, he took it on himself to disassociate Papon from other, worse war criminals, like Paul Touvier and Klaus Barbie, whom his parents had also helped bring to justice, announcing that, unlike them, Papon had merely signed papers. Since the whole point of the trial was to establish that signing papers was itself a crime, the other prosecutors understandably developed an even more intense dislike of Arno. Arno became the event of the trial. Out of the black robe and white kerchief that French lawyers still wear, making them look like perpetual Daumier drawings, he could often be seen in jeans, with his shirt hanging out. He is handsome, but in a modelish way, with too much hair and too open a collar. For a while before the start of the trial, he lived with the model Carla Bruni and had been photographed in Paris Match with her on a romantic vacation in Venice. Most days he arrived at the Palais on Rollerblades. Even in America this would have been controversial. In France it was regarded as just short of mooning the judges.
Above all, there was Papon himself, pompous and aging and erect and unrepentant. For the first time in a French war crimes trial, there was a figure of sufficient Mephistophelian stature to excite a moralist. Papon may have been evil, but he was certainly not banal. According to the rules of French trials, he was allowed not just to speak but to pontificate, and from the courtroom came daily dispatches recording, in the sonorous, Gaullist tones of the high estate, his views on the trial and the witnesses brought against him. "This testimony is moving in both its nature and the dignity with which it was given," he said of one witness. Or again, "I cannot help but express my emotion in the face of this sober, painful account. It brings back heart-wrenching memories."
The trial failed to clarify its subject, for reasons that were partly complicated and French, partly universal and human. The universal and human reason was that Papon was an old man being tried as an accomplice to murder. Complicity is hard to prove in any courtroom, and old men make bad culprits. Papon was sick—too sick, the doctors said, to be held in prison during the trial—and his wife was even sicker; after he went home for her funeral, there were those who thought that he might not come back. Whenever it seemed that the accusers had assured the necessity of his conviction, Papon stumbled, or fell sick, or a confused memory intervened, and one was reminded that here was a very old and decrepit functionary. Whenever one wanted to leave the verdict to the historians, one was reminded by some piece of heartbreaking evidence—a few words about a wife, a mother—that here in person was the instrument by which the French state casually delivered children to their murderers. We will have justice, said the ghosts. I will soon be one of you, said the guilty man. The trial went on for six months—too short a time to try Vichy, someone said, and too long a time to try Papon.
There is an idea, beloved of American editorialists, that the Vichy regime itself was on trial in Bordeaux and that France was finally "confronting its repressed past." This is a myth. The French have been obsessed with the details of Vichy for at least twenty-five years. Almost every bookstore keeps a shelf of books devoted to these four years of France's thousand-year history. Frenchmen of the left and of the right long ago accepted that Vichy was made possible by the German army but followed homegrown right-wing ideology, and was broadly popular.
What was on trial in Bordeaux was not Vichy but something more: I'etat, the state itself, through the acts of one of its most successful representatives. The French war crimes trials of recent years, from Barbie the Gestapo man to Touvier the militiaman to Papon the fonctionnaire, have been moving closer to the heart of the French identity. The idea of l'etat, the state, and its representatives, the hauts fonctionnaires, has a significance in France that is incomprehensible to Americans, for whom it means, at best, the post office. L'Etat suggests far more than the mere sum of the civil service. It has the authority that the Constitution has in America, that the monarchy until recently had in Britain. (Serge July, of the newspaper Liberation, has even referred to "the religion of the fonction publique.") The state is the one guarantor of permanence in a country where neither the left nor the right can quite accept the legitimacy of the other side.
In France the state intervenes between the nation, the repository of racial memory, beloved of the right, and the republic, repository of universal rights, beloved of the left. Its presence lets them coexist: The state keeps the nation from becoming too national, an
d the republic from becoming too republican. In France the state suggests the official, disinterested tradition of service; it means the functioning and unity of the country; it means what works. When one of the lawyers at the trial, trying to give an interview in English, was prompted with the term civil servant as a translation for what Papon had been, he repeated it and then visibly gagged, as though he'd swallowed a bad oyster; the idea of associating the word servant with the social role he was describing was just too weird.
The cult of the state makes France run. Yet every cult comes at a price. The price of constitution worship, as in America, is to make every personal question a legal question—so that every pat on every bottom, every swig on a bottle, and every pull on every cigarette seem likely to have, eventually, a law and a prosecutor of their own. The price of state worship, as in France, is that real things and events get displaced into a parallel paper universe;
