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
A. I believe that one must distinguish between the personal and the
material evaluation, and at the same time one must connect the two. I
believe that Hitler, concerning my own person, had a certain measure
of respect. I believe he saw in me the experienced civil servant, who
was without ambitions, and who devoted himself to work and research.
Concerning my sphere of work, civil law, he had not the slightest
interest in it. The fact that I was unpolitical, aroused a certain
amount of distrust in him; that, I suppose, explains the fact that in
contrast to civil servants of the same rank, I was never offered an
honorary position either in the SS or the SA. That I, in contrast to
other high civil servants of the same rank, was not awarded the Golden
Party Badge; and that he restricted my connection with the Party to
the absolute minimum, again explains in particular, I believe, the
positively brutal attack on me in the well-known Reichstag speech of
26 April 1942. The fact that I was placed in charge of affairs after
the death of Guertner certainly was not a demonstration of confidence.
This is how I would like to put it: It was just a makeshift solution.
At that time Hitler could not yet make up his mind to appoint a new
Minister of Justice. What played a certain part, perhaps, was that
the chief candidate for the office, Frank, was at that time Governor
General of the Government General and was not available. Thus, there
was no way out, but to let the Ministry put the Under Secretary, who
had seniority in the office, in charge of the Ministry. Hitler’s
distrust, as far as I was concerned, was altogether justified from
an objective point of view. I may say, and I wish to place special
emphasis on this, that I was never fooled or influenced by Hitler’s
demoniacal qualities, and I saved my own conscience, as far as he was
concerned. For myself, Hitler was the declared opponent, in fact,
the person who held the administration of justice in contempt. That
conviction naturally placed me in a clear position. As far as it did
not jeopardize my goal, I upheld my different opinion quite openly
toward Hitler. That was already the state of affairs at the time of
Guertner. I may say that all my life, as long as I held office, I was
out to fight for justice and against arbitrariness. In the avowal
of justice there was no difference between Guertner and myself.
Guertner was the recognized protector of justice, but he was not
a fighter. If in the development, which was slow to begin with and
later became faster, he gave up his opposition in some respects, that
certainly is not due to a lack of the honest will to uphold justice.
Frequently he came to me for advice and assistance. But that time was
overshadowed by a continuous struggle with the Reich Jurists’ Leader
[Reichsjustizfuehrer] Frank. In continuous attacks, Frank tried from
his position as Reich legal office leader to achieve his final goal
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