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
In Berlin, Hitler took to account the Referent Westphal in great anger
for sabotaging the law, and only because Guertner acted on behalf of
his own staff and only with the greatest effort was it possible to save
Westphal.
Q. The Heller case which has just been mentioned begins in the
transcript, page 1324, English text.[166]
What part did Goebbels play in that struggle against the administration
of justice?
A. Goebbels set the machinery of propaganda to work against the
administration of justice. He deluded the public by telling them that
the people no longer had any confidence in the judiciary. That was a
delusion for the opposite was true.
His propaganda machine not only made direct or camouflaged attacks
against the judiciary in public and tried to lower their prestige,
but he also tried by his art of dialectics in his speeches on the
administration of justice quite deliberately to lead the judges astray
and to put their consciences as judges to sleep. He coined the concept
of the exigency of the State, and said that the courts, too, ought to
make that their starting point. For a sentence, first of all expedience
was decisive, and only later, perhaps, justice might also be considered.
Q. Goebbels’ speech before the members of the People’s Court is
contained in Document NG-417, Prosecution Exhibit 23.[167]
What were the opportunities at the disposal of those power groups and
which they made use of in their struggle against the administration of
justice?
A. Himmler, Bormann, and Goebbels were the closest confidants of
Hitler. They had access to him at any time. For him they represented
the uncompromising incarnation of national socialism. He listened to
them when they alleged national socialism was being endangered by the
administration of justice. The entire apparatus of Party politics,
police, and espionage was at their disposal. On the other hand,
the Ministry of Justice was entirely isolated. Contact between the
ministries, which would have strengthened its position, no longer
existed.
Q. Here I would like to refer to the verdict of the IMT, English
transcript, page 16963[168], and I would like to quote that passage
briefly: “As to the first reason for our decision, it is to be observed
that from the time that it can be said that a conspiracy to make
aggressive war existed the Reich cabinet did not constitute a governing
body, but was merely an aggregation of administrative officers subject
to the absolute control of Hitler.”
Witness, will you continue, please?
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