14 Dec. 45

"Referring to the permission the Führer had given him to cleanse Alsace of all foreign, sick, or unreliable elements, Gauleiter Wagner has recently pointed out the political necessity of a new deportation" — zweite Aussiedlungsaktion — "which is to be prepared as soon as possible."

I should like Your Honors to permit me to defer the remainder of this presentation until Monday. Mr. Justice Jackson would like to make a few remarks to the Tribunal.

MR. JUSTICE JACKSON: May it please the Tribunal, I wish to bring to the attention of the Tribunal and of the Defense Counsel some matters concerning the case as it will take its course next week, in the belief that it will result in expediting our procedure if, over the weekend, our program can be considered.

Captain Harris' presentation will take a short time longer on Monday; and when it has concluded, the presentation by the United States will have reached that part of the Indictment which seeks a declaratory judgment of this Tribunal that six of the organizations named therein are criminal organizations. They effect such a finding only that they may constitute such a basis for prosecution against individual members in other courts than this, proceedings in which every defense will be open to an accused individual, except that he may not deny the findings made by this Tribunal as to the character of the organization of which he was a member.

The United States desires to offer this evidence under conditions which will save the time of the Tribunal and advance the prosecution as rapidly as possible so that United States personnel can be released.

We also desire defendants' counsel to have before them as much as possible of our evidence against organizations before the Christmas recess so that they may use that recess time to examine it and to prepare their defenses and that we may be spared any further applications for delay for that purpose.

The substance of our proposal is that all of the ultimate questions on this branch of the case be reserved for consideration after the evidence is before the Tribunal. The real question, we submit, is not whether to admit the evidence. The real question is its value and its legal consequences under the provisions of this Charter. All of the evidence which we will tender will be tendered in the belief that it cannot be denied to have some probative value and that it is relevant to the charges made in the Indictment. And those are the grounds upon which the Charter authorizes a rejection of evidence.

At the time we seek no advantage from this suggestion except the advantage of saving time to the Tribunal and to ourselves to get as much of the case as possible in the hands of the defendants