The first indication of Eichmann's vague notion that there was more involved in this whole business than the question of the soldier's carrying out orders that are clearly criminal in nature and intent appeared during the police examination, when he suddenly declared with great emphasis that he had lived his whole life according to Kant's moral precepts, and especially according to a Kantian definition of duty. This was outrageous, on the face of it, and also incomprehensible, since Kant's moral philosophy is so closely bound up with man's faculty of judgment, which rules out blind obedience. The examining officer did not press the point, but Judge Raveh, either out of curiosity or out of indignation at Eichmann's having dared to invoke Kant's name in connection with his crimes, decided to question the accused. And, to the surprise of everybody, Eichmann came up with an approximately correct definition of the categorical imperative: “I meant by my remark about Kant that the principle of my will must always be such that it can become the principle of general laws” (which is not the case with theft or murder, for instance, because the thief or the murderer cannot conceivably wish to live under a legal system that would give others the right to rob or murder him). Upon further questioning, he added that he had read Kant's Critique of Practical Reason. He then proceeded to explain that from the moment he was charged with carrying out the Final Solution he had ceased to live according to Kantian principles, that he had known it, and that he had consoled himself with the thought that he no longer “was master of his own deeds,” that he was unable “to change anything.” What he failed to point out in court was that in this “period of crimes legalized by the state,” as he himself now called it, he had not simply dismissed the Kantian formula as no longer applicable, he had distorted it to read: Act as if the principle of your actions were the same as that of the legislator or of the law of the land—or, in Hans Frank's formulation of “the categorical imperative in the Third Reich,” which Eichmann might have known: “Act in such a way that the Führer, if he knew your action, would approve it” (Die Technik des Staates, 1942, pp. 15–16). Kant, to be sure, had never intended to say anything of the sort; on the contrary, to him every man was a legislator the moment he started to act: by using his “practical reason” man found the principles that could and should be the principles of law. But it is true that Eichmann's unconscious distortion agrees with what he himself called the version of Kant “for the household use of the little man.” In this household use, all that is left of Kant's spirit is the demand that a man do more than obey the law, that he go beyond the mere call of obedience and identify his own will with the principle behind the law—the source from which the law sprang. In Kant's philosophy, that source was practical reason; in Eichmann's household use of him, it was the will of the Führer. Much of the horribly painstaking thoroughness in the execution of the Final Solution—a thoroughness that usually strikes the observer as typically German, or else as characteristic of the perfect bureaucrat—can be traced to the odd notion, indeed very common in Germany, that to be law-abiding means not merely to obey the laws but to act as though one were the legislator of the laws that one obeys. Hence the conviction that nothing less than going beyond the call of duty will do.
Whatever Kant's role in the formation of “the little man's” mentality in Germany may have been, there is not the slightest doubt that in one respect Eichmann did indeed follow Kant's precepts: a law was a law, there could be no exceptions. In Jerusalem, he admitted only two such exceptions during the time when “eighty million Germans” had each had “his decent Jew”: he had helped a half-Jewish cousin, and a Jewish couple in Vienna for whom his uncle had intervened. This inconsistency still made him feel somewhat uncomfortable, and when he was questioned about it during cross-examination, he became openly apologetic: he had “confessed his sins” to his superiors. This uncompromising attitude toward the performance of his murderous duties damned him in the eyes of the judges more than anything else, which was comprehensible, but in his own eyes it was precisely what justified him, as it had once silenced whatever conscience he might have had left. No exceptions—this was the proof that he had always acted against his “inclinations,” whether they were sentimental or inspired by interest, that he had always done his “duty.”
Doing his “duty” finally brought him into open conflict with orders from his superiors. During the last year of the war, more than two years after the Wannsee Conference, he experienced his last crisis of conscience. As the defeat approached, he was confronted by men from his own ranks who fought more and more insistently for exceptions and, eventually, for the cessation of the Final Solution. That was the moment when his caution broke down and he began, once more, taking initiatives—for instance, he organized the foot marches of Jews from Budapest to the Austrian border after Allied bombing had knocked out the transportation system. It now was the fall of 1944, and Eichmann knew that Himmler had ordered the dismantling of the extermination facilities in Auschwitz and that the game was up. Around this time, Eichmann had one of his very few personal interviews with Himmler, in the course of which the latter allegedly shouted at him, “If up to now you have been busy liquidating Jews, you will from now on, since I order it, take good care of Jews, act as their nursemaid. I remind you that it was I—and neither Gruppenführer Müller nor you who founded the R.S.H.A. in 1933; I am the one who gives orders here!” Sole witness to substantiate these words was the very dubious Mr. Kurt Becher; Eichmann denied that Himmler had shouted at him, but he did not deny that such an interview had taken place. Himmler cannot have spoken in precisely these words, he surely knew that the R.S.H.A. was founded in 1939, not in 1933, and not simply by himself but by Heydrich, with his endorsement. Still, something of the sort must have occurred, Himmler was then giving orders right and left that the Jews be treated well—they were his “soundest investment”—and it must have been a shattering experience for Eichmann.
Eichmann's last crisis of conscience began with his missions to Hungary in March, 1944, when the Red Army was moving through the Carpathian Mountains toward the Hungarian border. Hungary had joined the war on Hitler's side in 1941, for no other reason than to receive some additional territory from her neighbors, Slovakia, Rumania, and Yugoslavia. The Hungarian government had been outspokenly anti-Semitic even before that, and now it began to deport all stateless Jews from the newly acquired territories. (In nearly all countries, anti-Jewish action started with stateless persons.) This was quite outside the Final Solution, and, as a matter of fact, didn't fit in with the elaborate plans then in preparation under which Europe would be “combed from West to East,” so that Hungary had a rather low priority in the order of operations. The stateless Jews had been shoved by the Hungarian police into the nearest part of Russia, and the German occupation authorities on the spot had protested their arrival; the Hungarians had taken back some thousands of able-bodied men and had let the others be shot by Hungarian troops under the guidance of German police units. Admiral Horthy, the country's Fascist ruler, had not wanted to go any further, however—probably due to the restraining influence of Mussolini and Italian Fascism—and in the intervening years Hungary, not unlike Italy, had become a haven for Jews, to which even refugees from Poland and Slovakia could sometimes still escape. The annexation of territory and the trickle of incoming refugees had increased the number of Jews in Hungary from about five hundred thousand before the war to approximately eight hundred thousand in 1944, when Eichmann moved in.