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
At this moment I should like to point out the case to which the
prosecution referred concerning notaries and their hostile attitude
to the Party. They demonstrated it so obviously that when I came to
hear of it in my official capacity I could not form a proper opinion
on it. If I had tried to suppress those cases it would have been
unavoidable that the Party would interfere, which definitely would have
claimed that the notaries had violated their duty of allegiance toward
the State and the head of the State. Perhaps the Party would have
welcomed it, because such opposition would have been a welcome cause to
discredit the administration of justice and to jeopardize my personnel
policy, on which depended the fate of many officials.
DR. KUBUSCHOK: The witness has referred to the case of the
notaries which, under Document NG-901, Prosecution Exhibit 436,[159]
was submitted by the prosecution.
PRESIDING JUDGE BRAND: What was the exhibit number?
DR. KUBUSCHOK: Exhibit 436.
The prosecution refers to your lecture held at Rostock University in
1936.[160] That lecture is compared as to its aim with a speech by
Reich Jurist Leader Frank, and the prosecution sees in it an avowal of
national socialism. Please give us some explanations about that speech.
DEFENDANT SCHLEGELBERGER: Counsel, you have pointed out that
that speech was made in 1936. Before I discuss the details about that
speech I should like to say a few words as to how, at that time, one
was able at all to discuss political questions in public. It wasn’t
that way that, when National Socialist quarters laid down program
points, one was allowed to make a frontal attack. I ignore altogether
the point of personal danger that might have arisen for an opponent. I
would not have fought shy of that danger, because a person who held the
office which I held was in daily danger. However, such a frontal attack
would have resulted in the opposite of what I wanted to achieve, that
is an increase of the opposition against reasonableness.
One had to look for opportunities which one could use, and for example,
the locality had something to do with that. I chose the university
for the place of my speech, and that had a decisive influence on my
audience. I had to see to it that the National Socialist ideas which I
wished to attack were beaten with their own weapons.
The actual reason for my speech was the fact that Freisler again
and again, before the public, pointed out that the Party program
was enforceable like law and was at least the framework of the law.
Therefore, one was obliged to carry out that program immediately and
completely.
Public-domain text, read in full here on John Shaqi.
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