Schwarzenegger Vetoes Holocaust Bill
Last Thursday, Governor Arnold Schwarzenegger vetoed AB 619, Assemblymember Bob Blumenfield’s Holocaust Survivor Responsibility Act. Targeted at SNCF, the French national railway that has been interested in building and/or operating the California HSR system, AB 619 would have required any company bidding on our HSR project to disclose whether they transported anyone to Nazi concentration camps during World War II.
From the LA Times story:
Though he said he sympathized with the victims of Nazi death camps, the governor rejected the Holocaust Survivors Responsibility Act on Thursday night, contending it would have needlessly placed the state in a position of acknowledging the activities of companies during a war that ended 65 years ago….
Blumenfield specifically targeted SNCF, the French railroad that the Germans used to ship civilians and prisoners of war to concentration camps. Blumenfield said the government-owned firm has neither taken responsibility for its role in the Holocaust nor paid restitution to victims.
“Not all is lost because of the veto, but it is a major setback,” said Blumenfield, who might reintroduce the measure next year. “On the positive side, SNCF has promised it will implement the bill. I want to hold them to that.”
As the article explained, SNCF was taken over by the Nazis during the German occupation of France during the war, and the railroad claims that 800 SNCF workers were executed during the war, with 1,200 being sent to concentration camps themselves.
The issue of Holocaust responsibility is an extremely contentious and complicated issue. Societies, politicians, and historians continuously battle over this question, especially in Germany itself, but also in countries like France that were occupied by the Nazis but also had an active collaborationist movement, along with a very active resistance. It’s not always easy to separate collaboration with occupiers done at gunpoint and that which was done freely.
I realize that Assemblymember Blumenfield was using the HSR project as leverage to force SNCF to be open about what happened during the Nazi occupation in France. As a historian, I’m all for openness. However, SNCF has indicated it intends to abide by the law even though Arnold vetoed it. Speaking just for myself, I should think that is a good place to leave the matter for now, and if SNCF isn’t forthcoming in the future, then perhaps we can return to it.

I agree with Arnold for once, The NAZI’s(Le BOSCH, It was I heard a derisive term back then) were ruthless and those who resisted were most likely shot on the spot or hauled off somewhere, My Dad served in the US Army back then in the 368th Medical from North Africa to Occupied Germany(Including Sicily, Anzio and Northern France) as a Clerk and from what I read He saw a lot and He never talked about the war, He didn’t trust Doctors after He came back, I can guess why too. He enlisted on His own in 1942 and was discharged in 1946 and was recommended for a couple of commendations. Oh and My family is of French descent too, As I can trace our family back to 1770 Ireland, Our family left France around 1690 and settled in Ireland after being invited by the King of England in 1690 to escape religious persecution as My family were protestants.
This story isn’t even news worthy or worth a post on this blog. Don’t they have better things to work on in the CA legislature?
Matthew Reply:
October 4th, 2010 at 1:27 pm
Well, this is the blog to read a pro-HSR view of all major news on the HSR front (or at least things that are printed in newspapers).
In 2006 a court in Toulouse (southern France) found the SNCF guilty and condemned it to pay €50,000 to Alain Lipietz, a French representative in the European parliament, for transporting one of his relatives to a concentration camp.
Up to then, all reparations had been paid by the French state since the SNCF was considered a mere instrument. The jewish community’s reaction to the judgment was less than enthusiastic. Many claimed it showed a total ignorance of historical facts and rendered a disservice to the victims by shifting the blame away from the deciders. A court of appeal annuled the judgment in 2007.
The SNCF’s most vocal advocate was Arno Klarsfeld, a lawyer with dual French-Israeli nationality whose grandfather died at Auschwitz. His father and mother were famous nazi-hunters who helped unmask many war criminals. Arno is also a member of the California Bar and could defend th SNCF if need be.
In France, the whole affair is generally considered as a lackluster trick to eliminate a French company from the competition. Fortunately, it doesn’t make headlines. When it does, it will certainly revive anti-americanism which had died out after Obama’s election.
Now, would elimination from California (and Florida) be a bad thing for the SNCF? I don’t think so.
I remember an American economist saying that the trouble with executives climbing the corporate ladder was cimbing one step too many and reaching their level of incompetence.
What is true for executives can also be true for a whole company. The SNCF’s level of incompetence would be reached in America. The mere fact they didn’t see the Blumenfield measure coming shows how unprepared they are to the American political environment. Their incompetence stands out before the game has even started. They should heed the warning and keep out.
Jon Reply:
October 4th, 2010 at 10:23 am
I’m not sure about that last part. By ‘incompetence’ you mean ‘political naivety’, which is quite a different thing to (technical) incompetence.
Andre Peretti Reply:
October 4th, 2010 at 4:06 pm
CHSR is highly political and it won’t magically stop being so the day it starts operating. Technical competence won’t be enough.
What the SNCF promised when creating the TGV was strictly technical: transporting people from A to B at high speed comfortably and safely, thus reducing airport and highway congestion. Nothing else was mentioned and what had been promised was delivered.
CHSR promises much more than that: jobs, development, etc… This has political implications and is not familiar terrain for the SNCF.
Victor Reply:
October 4th, 2010 at 12:26 pm
I also don’t think the SNCF should stay out, They may not understand US Politics, But that is what Political Consultants are for.
Alon Levy Reply:
October 4th, 2010 at 1:31 pm
I agree with Jon – SNCF is technically competent here. In fact, I’m not sure I’d want anyone else involved in construction (operation is something different, of course). The LGV Est has the same per-km cost as the Wuhan-Guangzhou HSR line, which is both a compliment to SNCF and an insult to China Railways.
political_incorrectness Reply:
October 4th, 2010 at 1:44 pm
What percentage of Wuhan-Guangzhou is tunnel in comparison to lgv est?
Alon Levy Reply:
October 4th, 2010 at 4:47 pm
Oh, the Wuhan-Guangzhou Line has way more tunneling – it’s about one sixth in tunnel, compared with zero for the LGV Est Phase 1 and 4% for Phase 2. But on the other hand, the Yuan is undervalued; when you correctly value it, the per-km cost becomes nearly twice that of the LGV Est. Furthermore, less tunnel-heavy Chinese HSR lines are about as expensive, for example the Beijing-Shanghai line, which is heavy on viaducts but is barely 1% in tunnel.
Andre Peretti Reply:
October 4th, 2010 at 8:18 pm
In France there are competitive international bids by several construction companies, and consultants helping in designing the route must have no links with any of them. If any link is discovered, the company is disqualified. If this is not the case in California, don’t expect low costs.
Alon Levy Reply:
October 4th, 2010 at 10:46 pm
Yep. A lot of railfans gush about Spanish construction costs, but France builds things for not much more money, and gets much higher ridership. The problem is getting the national government to invest outside Ile-de-France.
OT
A newspaper article today is reporting that Schwarzenegger tried to erase his mistake regarding High Speed Rail appointments. http://www.examiner.com/transportation-policy-in-san-francisco/california-high-speed-rail-senator-simitian-s-town-hall-palo-alto
‘Hot off the presses, Sen. Simitian told the audience that there was a last minute attempt to exempt board members of the High Speed Rail during the budget negotiations considering State law, Conflict of Interest code 1099. There was an audible gasp of disbelief from the audience. Simitian said it did not fly but encouraged people to keep an eye on this. He said emphatically he could not support that kind of action, because it’s” inappropriate on merits” and “from a process standpoint, it would be impossible to justify.”‘
Apparently with budget bills, all sorts of things get thrown in that don’t go through the normal legislative process with hearings.
Obviously, we would have a problem with this. Less obviously, it does seem to confirm that Katz and Pringle are holding incompatible offices.
Peter Reply:
October 4th, 2010 at 12:09 pm
“There was an audible gasp of disbelief from the audience.”
Oh, for fuck’s sake. Tactical “gasps” by project opponents not legitimate.
Peter Reply:
October 4th, 2010 at 12:10 pm
I should have written “are not credible”.
Matthew Reply:
October 4th, 2010 at 1:22 pm
I wouldn’t say it “confirm[s] that Katz and Pringle are holding incompatible offices” but that the legislature has recognized that CARRD is going to try to make this an issue and don’t want to waste their time on it more than necessary. It can hardly be considered gasp-worthy that the legislature would try to circumvent a frivolous challenge to the organization of a state agency when that is exactly what was predicted by many people including the authors and readers of this blog. Yawn.
Peter Reply:
October 4th, 2010 at 12:14 pm
And lest anyone forget, this “article” (which would be an editorial in any legitimate paper) is written by the same Kathy Hamilton who happens to live in Menlo Park on Stone Pine Lane.
Elizabeth Reply:
October 4th, 2010 at 12:29 pm
People,
I’ve heard a tape of the meeting. This is accurate reporting. Let’s focus on the news, not on the messenger.
thatbruce Reply:
October 4th, 2010 at 1:49 pm
Actually, I’m curious about some of the phrasing used by one of the messengers, to wit:
A newspaper article today is reporting that Schwarzenegger tried to erase his mistake regarding High Speed Rail appointments.
I must have misread the referenced article. Which is the quote in the article identifying Governor Schwarzenegger as being the one trying to ‘erase’ (better synonyms are ‘fix’ or ‘correct’) any previous mistake over previous appointments to the CAHSRA board ?
Eric M Reply:
October 4th, 2010 at 1:56 pm
No, because the messenger is known for slanting articles she has written before to the point of being blatantly inaccurate.
Peter Reply:
October 4th, 2010 at 1:56 pm
“This is accurate reporting.”
No it’s not, it’s an editorial that is being passed off as fact-based journalism. She takes actual facts and quotes and then spins them to fit her personal biases. That’s not the same as a neutral reporting of the facts.
There’s a reason for the term “editorializing”.
Ethical journalists and papers will inform the readers when something is the opinion of the author or the paper. The SF Examiner does not fall in that category.
Robert Cruickshank Reply:
October 4th, 2010 at 7:13 pm
It is worth knowing so that readers can assess any possible spin that Hamilton might be putting on the factual events she reported on, just as anyone reading this blog knows to consider my pro-HSR position.
Victor Reply:
October 4th, 2010 at 12:30 pm
I wouldn’t mind seeing the Nimbys having their properties condemned, If It’s needed for the project and as long as their compensated properly of course.
The meeting was video taped. I’ve emailed Senator Simitian’s office to see if it will be posted. Once I hear back, I’ll post the answer here.
Kathy Hamilton’s article contains long verbatim quotes from Simitian – so regardless of your opinion on the source, you can read exactly what Simitian said.
StevieB Reply:
October 4th, 2010 at 1:27 pm
Simitian is accurate when “he cautioned the audience that the rest of the state does not share the same set of feelings that we do here on the peninsula”. The feeling in other parts of California is that the peninsula is obstructing a transportion project necessary to the economic future of the state.
Jack In Fresno Reply:
October 4th, 2010 at 4:58 pm
Most intelligent statement in the article.
OT: Does anyone know when Flashman is planning on filing the more detailed Objection to and the new lawsuit on the Revised Program EIR? His objection from September 23 stated that it would be filed on or before October 4.
political_incorrectness Reply:
October 4th, 2010 at 1:43 pm
Last I checked he doesn’t file today the lawsuit is gone
Peter Reply:
October 4th, 2010 at 1:49 pm
Ok, so it probably just hasn’t been scanned in yet. Although I would have expected to read some bold pronouncement from Morris Brown that a new lawsuit had been filed.
Jack In Fresno Reply:
October 4th, 2010 at 5:00 pm
Should I hope he see’s it’s a waste of time… oh wait he can still bill out hours even if it’s useless. Who’s paying for this guy’s time? Morris???
Peter Reply:
October 4th, 2010 at 10:11 pm
Unfortunately, we, the taxpayers, pay him if he is successful.
Nadia Reply:
October 4th, 2010 at 5:15 pm
Here’s the suit info:
http://www.transdef.org/HSR/page25/page25.html
HSRComingSoon Reply:
October 4th, 2010 at 6:46 pm
This lawsuit is a house of carrds. Can’t wait for you guys to lose.
Jack In Fresno Reply:
October 4th, 2010 at 6:53 pm
I read than and all I can say is they gave a JD to this guy? The basis of the objections is on the “so-called” flawed ridership study that even highly negative studies said were not flawed. It also tries AGAIN to open up Altamont…
The judge is going to laugh this out of court….
Jack In Fresno Reply:
October 4th, 2010 at 6:56 pm
Edit button, can we have one?
Clem Reply:
October 4th, 2010 at 8:35 pm
4 words for you: “Unsuitable for policy analysis”
Peter Reply:
October 4th, 2010 at 10:04 pm
Wow, just wow. It’s as entertaining as I thought. I’m highly amused how they claim that “[i]n many cases, the responses [to comments] were perfunctory or conclusory”. And then fail to list a single example.
Nadia Reply:
October 4th, 2010 at 5:03 pm
for some reason, my comment is stuck in moderation – but the answer is- yes, they filed on Oct 2nd. Once my comment goes thru, you’ll see the whole press release CARRD just received….
Just in at CARRD:
For Immediate Release:
September 30, 2010
Contact: Fred Muir
Office – 213-624-1030 x206
Mobile – 310-600-8954
fred.muir@rosekindel.com
SNCF Statement Regarding Gov. Schwarzenegger’s veto of Assembly Bill 619
While we respect Gov. Schwarzenegger’s decision to veto AB 619, the French National Railways, (SNCF), still plans to fully comply with the bill’s intent. The legislation had sought to require companies competing for high-speed rail projects in California to disclose whether they had any direct involvement in deporting individuals to extermination camps, work camps, concentration camps, prisoner of war camps, or any similar camps during the World War II.
The people of France and SNCF are determined to remember and honor victims of the Holocaust so that the horrors of Nazi Germany and WWII are never repeated. This commitment is ingrained in our company‚s culture as well as the hearts of the French people, and is confirmed by our actions.
That’s why SNCF is committed to full disclosure and has been unsparing in its self examination of war-time activities. The company has taken extraordinary steps to research and document its history in detail and to make those documents publicly available.
In 1996, SNCF opened its vast archives center to the public. This facility in Le Mans, France, maintains one the most extensive collections of railway history in the world, including detailed accounts about SNCF’s role during WWII. The archives are open to the public for anyone to access and examine
Additionally, in an effort to fully and independently document its World War II history, SNCF in 1992 commissioned the noted historian Christian Bachelier and a team of independent academics to prepare an exhaustive historical study. The 914-page report was released in 2000 and has been publicly available at all times since then. That report was written in the French language. We have commissioned a translator to transcribe it into English, and we plan to have copies available this fall.
Unfortunately, during the course of recent debates and miscellaneous media reports, we‚ve seen a disturbing amount of misinformation and false accusations surrounding SNCF’s war-time involvement. We welcome this opportunity to address the issue and provide interested parties in America with the facts.
The truth is SNCF’s trains and railways were seized by Nazi Germany during WWII. The Nazi regime controlled the railway system throughout the war and forcibly requisitioned SNCF trains to transport innocent people to concentration camps. During this time, Nazi Germany’s military transport division subjected all SNCF workers, agents and administration to German military law. The Nazi military transport division threatened to execute French railway workers and their families if they resisted strict Nazi orders. In fact, nearly 800 SNCF workers were executed by Nazi firing squads for resisting orders, and 1,200 SNCF workers were deported to Nazi death camps for sabotage and other acts of defiance.
The atrocities committed by Nazi Germany during WWII were so horrific that we can never forget, nor should we. The people of France and SNCF have made this commitment through our words and our deeds, and we will continue to do so now and into the future.
That’s why SNCF will continue its commitment to complete transparency of its WWII history, and will voluntarily comply, and even exceed, the requirements AB 619 would have mandated.
I’m sure FIAT built trucks which were used by Mussolini’s fascists to transport Italian jews to concentration camps after Italy’s fascist regime passed the infamous “Racial Laws” of 1938. I haven’t heard any American politicians questioning FIAT’s bail out of Chrysler on the same grounds though. I guess money talks, bullshit walks.
Alon Levy Reply:
October 4th, 2010 at 4:37 pm
Mussolini deported Italian Jews to concentration camps? What?
StevieB Reply:
October 4th, 2010 at 4:49 pm
Actually special trains were allowed to transit Switzerland from Italy with prisoners bound for the concentration camps. Email Assemblyman Blumenfield for more about the trains.
michael Reply:
October 4th, 2010 at 5:01 pm
It would appear the Italian people, the Fascist party, and the Italian military were not interested in the anti-Semitic efforts during the political alliance with Germany and did not cooperate with Germany’s attempts to eradicate Jews. Not sure what FIAT or Mussolini had to say about it
http://www.ushmm.org/wlc/en/article.php?ModuleId=10005455
Alon Levy Reply:
October 4th, 2010 at 10:40 pm
Yep. The same is true for Mussolini, who believed in assimilation, not racial segregation. To Mussolini, people of different ethnic background could be part of the Italian nation as long as they lost all non-Italian identity and were loyal to the Duce.
The fear that Italy would comply with German requests for deportations was always there, but while Mussolini was in charge, this didn’t happen. The deportations began after the fascist regime collapsed, at which point Germany took over the parts of Italy that hadn’t been conquered by the Allies.
If we are into raking up the Good ‘Ole Days, thank God Boeing doesn’t build trains, or some wacky Assemblymember of Japanese origin could as well have issued a Hiroshima Survivor Responsibility Act.
Let’s start a poll: SNCF vs Superfortress – who’s the Real Bad Guy?
D. P. Lubic Reply:
October 4th, 2010 at 9:01 pm
There’s another reason to be glad Boeing doesn’t build trains, and that was when what was then Boeing-Vertrol attempted to build trolley cars.
http://en.wikipedia.org/wiki/US_Standard_Light_Rail_Vehicle
http://en.wikipedia.org/wiki/Boeing_Vertol
jimsf Reply:
October 5th, 2010 at 4:58 am
We all remember those beings around here. I think there are still a few of them sitting around. Now we use these breda cars
jimsf Reply:
October 5th, 2010 at 5:08 am
beings? uh boeings …. (shouldn’t blog before coffee)
Alon Levy Reply:
October 5th, 2010 at 3:47 pm
Ah, yes, good old Breda, the company that stays in business only because it promises to open factories in any city desperate enough to buy its trains.
jimsf Reply:
October 5th, 2010 at 7:12 pm
I like the breda cars. they are roomier, brightly lit, and the air conditioning / ventilation is very good. ( ventilation is a must have in sf, where bathing has apparently been deemed optional in recent years)
Joey Reply:
October 5th, 2010 at 7:40 pm
They perform decently at least. At least they don’t seem to be the mechanical nightmare that most of Breda’s equipment is. I will say this though: they *feel* heavy compared to other LRVs. I can’t say whether they really are or not without actual specs, but Breda has been known to manufacture overweight LRVs in the past.
jimsf Reply:
October 5th, 2010 at 8:12 pm
they are very heavy. so heavy in fact that neighbors who live along the lines complained when they first went into service because they are louder, more “rumbley/thumpy” when they travel on the surface lines. I have also heard that they don’t brake well and have to travel more slowly in the twin peaks tunnel ( which is a long downhill stretch) Normally the long, twin peaks tunnel is the one part of the subway where they trains can get a good distance across town, fast, without stops.
Joey Reply:
October 5th, 2010 at 9:31 pm
They travel slower in the Twin Peaks Tunnel than in the Market Street Subway. I’m not sure what this is a function of, though. I always assumed it was because the tracks are spaced so narrowly, but perhaps, like you say, it’s the grade.
Richard Mlynarik Reply:
October 5th, 2010 at 11:57 pm
Fun fact to know: the new, BAH/Muni-specified, Breda-built LRV2s had a worse mean time/distance between failure than the justifiably pilloried, expired, obsolete, abysmal Boeing/Vertol LRVs they replaced. It was all there in black and white in Muni’s board reports!
Progress, US transit style: go from crappier than you’d imagined was possible to … worse than anybody has ever even conceived.
jimsf Reply:
October 6th, 2010 at 4:45 am
Perhaps we should just build our own. “San Francisco Trolley Works” or something.