Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
After I shall have tried to clarify the unclear and dark picture of the
Party Chancellery, I shall discuss in detail the _working method_
of my client and I will outline in what matters he participated and
how far he is, therefore, responsible and in what matters he did not
participate.
(_a_) A series of documents submitted by the prosecution carry the
dictation symbol of Bormann; I shall show that all these documents can
have nothing to do with my client, Klemm. They were prepared solely by
Bormann and his staff at the Fuehrer headquarters. No copy was sent to
the Party Chancellery at Munich, so that the legal group never received
any knowledge of them. This is the reason why it is so important to
draw attention to the symbol of the legal group, namely, IIIc. Klemm
neither prepared, nor had any knowledge of, any letters of the Party
Chancellery which do not bear this file number. Just as an example
I mention Thierack’s letter to Bormann on the collaboration of the
judicial authorities in the extermination of Poles, Jews, and gypsies
(_NG-199, 199A, Pros. Ex. 243_). As “Top Secret Reich Matter” this
writing never reached section IIIc of the Party Chancellery.
(_b_) I will show that the defendant cannot be held responsible
for a possible crime in which the huge organization of the Party
Chancellery may have been involved, but not the defendant, if he had
never participated in the planning, and if he could never have received
information about it. It is my opinion that this is also not possible
by using the concept of conspiracy or the broadly defined forms of
participation according to the Law No. 10 of Control Council. Such a
reasoning is not possible especially if I will prove how strongly Klemm
advocated--especially in the Party Chancellery--the idea that law has
to prevail in a state, and how he tried to prevent that Party organs be
influenced in any unfavorable way. Every day the Group IIIc received
complaints against the justice, the judges, and against the offices
of the administration of justice which wanted to influence pending
proceedings or even to change sentences which had already been passed.
Work in connection with such complaints made up the biggest part of
the working time of this group. In all these cases the complaints were
rejected by stating that the judge is independent. I shall submit
evidence to show that the Party Chancellery, particularly Group IIIc,
expressly forbade all political leaders (that is, the Fuehrer Corps of
the NSDAP) to interfere in the jurisdiction. It will be demonstrated
that this circular decree was issued on Klemm’s initiative. I shall
disprove the assertion of the prosecution and shall show that my
client advocated emphatically the punishment of Party members who
were found guilty of an offense. Accordingly, Klemm did not use his
position in the Party Chancellery to keep justice under pressure but
on the contrary tried to promote the interests of justice and the idea
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