It has been more than four years since I first reported on the looted art case regarding the Camille Pissarro painting, “Rue Saint-Honoré, Apres Midi, Effet de Pluie,” in The Forward. The painting is part of a series the Jewish artist painted from the safety of his hotel room in Paris at the height of the Dreyfus Affair in France.

The scandal, sparked by the false conviction of a Jewish army office tore French society apart and brought to light the country’s deep antisemitism. “Rue Saint-Honoré” is both an important work of Impressionism and a testament to historical events. If recovered, it may even break records at auction, how rare a Pissarro cityscape comes on the market, and how robust the fine art auction industry is at present. “The painting could “easily break the hundred-million-dollar mark at auction, following its recovery,” says historian and looted art expert, Jonathan Petropoulos.

The case of this rediscovered Pissarro painting captured my imagination from an aesthetic, legal, and storytelling perspective. It is a saga that has it all — art, war, robber barons, and more — and forces everyone who encounters it to reckon with fundamental questions on morality and humanity — from both a personal and historical perspective.

The case has been in the public consciousness for far longer than my own connection to it, however. In 1939, just prior to the onset of World War II, Lilly Cassirer — who inherited Rue St. Honoré through her husband, a member of a renowned family of cultural patrons in Germany — was forced to sell the painting under duress in order to flee Nazi Germany.

Sixty years later, in December of 1999, Lilly’s heirs discovered that the Pissarro had not been lost or destroyed in the war. In fact, it had resurfaced at the new Thyssen-Bornemisza National Museum in Madrid, a collection belonging to the Kingdom of Spain acquired directly from the Thyssen Steel family, which had financed Hitler’s early rise to power.

The rediscovery kicked off an Odyssean legal journey up and down the federal courts in California, all the way to the U.S. Supreme Court in Washington twice, and back. Now, another ruling is expected from the Federal District Court in Los Angeles this spring, on remand from the U.S. Supreme Court. The Supreme Court has asked the district court to issue a new ruling in light of a new California law regarding stolen and Holocaust-looted art. For its part, the Thyssen-Bornemisza National Museum maintains that it is the legitimate owner of the painting and that “there were no indications of bad faith in the acquisition of the painting.”

A separate, concurrent effort is underway in Congress to update the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act), a Federal law that enabled Nazi-looted art claims to be submitted within six years of discovery of a work of art, thereby supplanting any state statute of limitations. The law was intended to expire after ten years, but given the enormous amount of looted art still to be found, the proposed update would remove the sunset clause, as well as dismiss defenses not directly related to the merits of the cases. The new act specifically cites this Pissarro painting and the legal case to recover it, seeking to prevent other looted art claims from facing a similar, protracted legal battle. The bill already passed the Senate Judiciary Committee in a unanimous vote and is on the docket for a vote in the House of Representatives.

On the eve of two significant moments in the adjudication of Nazi-looted art, I sat down with David Cassirer, Lilly’s last living heir, and Sam Dubbin, one of his lawyers working on the case.

David, not long from now, there will be a new court decision on the long running case to restitute your family’s Pissarro painting “Rue Saint-Honoré, Apres Midi, Effet de Pluie,” which was a prized possession of your great-grandmother Lilly. What are you feeling at the moment?

David Cassirer: I’m pretty excited. It’s been such a long time since we started. This case gets exciting, and then it slows down. This is one of those exciting moments. There’s a lot going on, and we’re feeling pretty confident that we’re close to a recovery, after finding the painting more than twenty-six years ago

And what about you, Sam, how are you feeling?

Sam Dubbin: That’s a great question, because in my profession, you get optimistic, and then you get deflated, and sometimes the deflation takes a long time to get over. But deep down, I’m feeling optimistic, like this could really happen. And the moments when I feel lucky that it’s happening, I say to myself, “That’s ridiculous. It’s so long overdue.” What should have been done, should have been done so long ago. If the Thyssen-Bornemisza museum had given it back when Claude asked for it in 2000, he would have had ten years to enjoy it, to show it to people, to donate it. And it would have been a magnificent event.

This painting is important within the oeuvre of Pissarro’s work, but also historically in connection with the Dreyfus affair. Can you elaborate on its cultural and historical importance?

Dubbin: Pissarro painted this painting from the second floor of the Grand Hôtel du Louvre during the height of the Dreyfus Affair, when he literally feared for his life. He could not be seen on the streets of Paris because the antisemitism was so intense, and it’s considered one of the great works of the Impressionist movement. And so when you think about its origin during the Dreyfus Affair, then being looted by the Nazis during the preeminent human rights war crime in history, and now not being returned by the Kingdom of Spain, it’s just such an egregious, arrogant violation of decency and humanity.

And for you David, from a personal standpoint, what does the painting mean to you?  

Cassirer: One of the things I like about the case is that there has been so much extraordinary publicity and interest by the public and by the press that it kind of reconnected the dots between the Impressionists and my family. My father would be very proud to read about the fact that his cousins Paul and Bruno, had championed the Impressionists and responsible for some of their success. There’s a new exhibition that’s starting soon in Berlin all about Paul Cassirer. It’s exciting to see this. It’s exciting in light of all the antisemitism that we’ve seen and the resurgence of it lately, to have some good news about Jewish contributions to culture, not to mention that Pissarro himself was Jewish. I’m delighted when I read stuff that starts to put in perspective this whole concept of our role in culture. It’s not the only thing Jewish people do, but it’s a big part of our culture.

I’d be very happy on behalf of the family and our friends to win the case, but it’s equally important that the case stands for something. And my father would feel that in his bones, especially since he really was there in the Holocaust and watched his family wiped out, watched their fortunes wiped out, watched most of his relatives sent off to the camps and so on. So, he felt it on a level I can only empathize with. It’s different if you’re there at a detention camp in the desert outside of Casablanca, and you’re dying of typhoid fever because there’s no running water and there’s no toilets. So luckily, he was young and strong and came back and survived and got here during the war. And of course, he went in to try to enlist. [The Americans] threw him out. “We’re not taking any Germans. Are you crazy?”  He was very disappointed that he couldn’t join up and fight the Nazis.

The U.S. Supreme Court held in 2022 that California law should apply in this case, which was a big victory.  But then the appellate court ruled against you, once again. What’s at stake with the next court decision? 

Cassirer: I badly need this case to come out right, not just for the family. It’s a very important precedent. My father would have wanted people to be able to cite, to point to Cassirer v. Spain, Cassirer v. Thyssen-Bornemisza. That’s a big deal. We want people to be able to rely on that precedent all over the country and maybe in other countries as well, so I’m watching for that. It isn’t just California law versus Spain, it’s American law versus Spain. Generally speaking, throughout the country, the rule would be that you never acquire good title to stolen stuff. That’s the bigger picture here. The Supreme Court ruling meant that we are going to use good old American law to decide this thing ultimately.

Dubbin: By the way, Spanish law is an outlier. Even in other European countries, you cannot acquire good title even after the passage of time, if you take it in bad faith. Even countries like Germany, France, Netherlands, and Switzerland. Only Spain allows you to get good title after six years of adverse possession if you acquired something in bad faith.

It feels like a case in which, hopefully, common sense and morality can align. I think oftentimes, when the public thinks about the law, there’s sometimes a frustration that can arise, because cases are not always litigated based on what the public thinks is the logical, morally correct outcome. But hopefully, from what you’re saying, this could be one of those cases. David, what have been some of the positive things that have come out of this battle?

Cassirer: Lots of great stuff although it’s been difficult to wait so long and to watch my immediate family pass away in the interim. And as you can see, I’m not getting any younger here. (David is 71). It’s been a long, hard slog. The support from non-Jews has been extraordinary. We would expect, and we did receive, endless support from Jewish organizations and Jewish individuals. It’s been amazing, however, how much support we’ve had from day one in the press and in the public and in government, et cetera. I’ve been very heartened by the fact that we’ve had so much support from people “without a dog in the race,” so to speak, beyond the Jewish community.

I’ve also been very heartened in recent years with Sam’s extraordinary success working with legislatures, both in California and in Washington, and that the support isn’t just from one side or the other. It’s amazingly bipartisan. People who don’t even talk to each other gladly work together on these bills, sponsor these bills, and fend off anyone trying to undo it. Even though we haven’t won yet, we have won many battles along the way.

David, what advice would you give to other families who may be pursuing cases? What do you hope people take away from your experience?

Cassirer: That’s a good question. Assuming that we’re ultimately successful, which I’m still pretty confident with Sam’s help and this extraordinary team that we’ve managed to assemble, that we are going to win this thing. People should be encouraged, in a meta sense, that it’s worth fighting for stuff that’s important, even if the odds are long, even if other people might not be successful at it. But that doesn’t mean you shouldn’t try and you shouldn’t stick with it. I’ve been in the case twenty-six years and counting. If you’re tough enough and dedicated enough and you figure out a way to surround yourself with talented, committed people, there’s very little that can’t be accomplished in this country and in other countries as well. I think for me, that’s a pretty big takeaway.

You’ve just struck me that you’re talking about the American dream.

Cassirer: Yes! My father told me that the greatest day he ever had was becoming an American citizen. After what he had been through and being stateless, having had his government turn against him, it’s interesting that, given his extraordinary life, the greatest day of his life to him was when he became a naturalized citizen; because, to him, that was the American dream.

 

 

 

 

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