Dr. Rothenberger is charged with the crime of conspiracy, committing war crimes and crimes against humanity. According to the prosecution, the same concrete facts form the basis for the last two charges. In like manner, the charge of conspiracy is connected with the planning of the afore-mentioned war crimes and crimes against humanity. The facts presented by the prosecution to prove these crimes are in accordance with the IMT judgment only relevant from the penal point of view since the beginning of the war. We are concerned with the following facts: _Numbers 9 and 21 of the indictment_--Use of the Special Courts and the People’s Courts for the oppression of political enemies. _Numbers 10 and 22 of the indictment_--Participation in the discussion between Himmler and Thierack of 18 September 1942. _Numbers 11 and 23 of the indictment_--Sentencing and execution of Germans and non-Germans for high treason. _Numbers 14 and 26 of the indictment_--Illegal execution. _Numbers 16 and 28 of the indictment_--Preferential treatment shown Party members who are to be punished and collaboration in the introduction of the special penal law for Jews and others. _III. Nonexistence of a conspiracy on legal grounds_ Before starting to discuss the basis for the above charges in the indictment, it seems fitting to treat briefly the question of conspiracy. From a legal standpoint, attention must be called to the fact that according to the statute of the London Treaty, as well as the Control Council Law No. 10, the conspiracy, or plan, can only be considered as a crime in itself if it concerns a crime against peace but not if it concerns a war crime or crime against humanity. This viewpoint was maintained also by the IMT in trial No. I. _IV. The general circumstances of the case which form the basis for the charges of the indictment_ 1. _Memorandum of Dr. Rothenberger_--In its opening statement against Dr. Rothenberger the prosecution called particular attention to his memorandum to Hitler for the year 1942 and entered it as Document NG-075, Prosecution Exhibit 27. The prosecution characterized this as a “peculiar document” and commented upon it from its own point of view. The defense will also have to analyze the memorandum minutely and discuss in detail its previous history and what has happened to it. It appears that the chief problem here is the basically important question of the dominating position of the judge in the life of a nation. The appointment of Dr. Rothenberger as Under Secretary can be traced back to this memorandum, the character of which is clearly open to a psychological judgment. Naturally the reasons for his appointment will have to be discussed in greater detail. The memorandum presents therefore the very first of those important developments which put Dr. Rothenberger in the defendant’s dock in Nuernberg.