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The Holocaust History Project.

The Holocaust History Project.
 2 Jan. 46

organizations are and thereby enable them to express their views and to give me the needed information.

In view of these circumstances, for which I am not responsible nor are the organizations which I am representing, I am not in a position to cross-examine a witness who would be heard today, thereby making use of the right accorded to me as Defense Counsel. The hearing of a witness against the Defendant Kaltenbrunner likewise concerns the organizations which I represent, the SS and the SD. To hear such a witness at this point would mean limiting the Defense.

I therefore submit a motion to postpone the further discussion of the charges against the organizations of the SS and the SD. By visiting the camps, in which there are members of the organizations of the SS and SD, and after discussions with them, I shall be able to obtain the information needed for the defense. I should like to add that thereby no delay in the proceedings would be caused; and, I presume, this would in no way place a burden upon the Prosecution.

THE PRESIDENT: If you will allow me to interrupt you, I understand your application to be that you are not in a position to cross-examine these witnesses this afternoon and that you wish for an opportunity similar to that which I have already accorded to the counsel for Kaltenbrunner, to be accorded to you. You wish for an opportunity to cross-examine these witnesses at a later stage, is that right?

HERR BABEL: Yes. At the same time, however, I should like to point out at this moment that, through the peculiarity of the task that has been allotted to me, it is being made difficult to cover questions subsequently ...

THE PRESIDENT: Let us not take up time by that. Was your application that you might have an opportunity of cross-examining these witnesses at a later date?

HERR BABEL: My motion had that meaning but was also for the purpose of making the defense itself possible as a whole, which at a time when I cannot make the necessary use of the privileges granted me by the Charter ...

THE PRESIDENT: The Tribunal is ready to give you the opportunity of cross-examining these witnesses at a later date.

LIEUTENANT COMMANDER WHITNEY R. HARRIS (Assistant Trial Counsel for the United States): May it please the Tribunal, we submit Document Book BB as a separate document book, relating to the Defendant Kaltenbrunner. This book contains our documents, from which quotations will be made during this





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Prev   Text:

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     International Military Tribunal
"Blue Series," Vol. 4, p. 288
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