14 Dec.
45
THE PRESIDENT: What you have just stated is a general
objection to the procedure which has been adopted up to now and has
nothing to do with the procedure which has been suggested by Mr. Justice
Jackson with reference to these criminal organizations. His suggestion
was that argument on the law of the criminal issue or the criminal
nature of these organizations should be postponed until the evidence was
put in and that the right of Counsel for the Defense should be to make
objection at any stage or, rather, to defer their objections until the
evidence had been put in; and it was hoped that the evidence would be
completed or nearly completed by the Christmas recess. What you say
about the general procedure may be considered by the Tribunal.
So far as the particular question is concerned, namely, the question of
the procedure suggested by Mr. Justice Jackson, have you any objection
to that?
HERR BÖHM: I have objections to this procedure only and in
this respect I reserve for myself all rights, for the sake of the great
number of people I represent if it handicaps or hinders me in any
way in representing the interests of my many clients.
THE PRESIDENT: We are aware of that fact, but that does
not seem to be material to the question whether the legal argument
should be deferred until after the evidence is presented. The fact that
you have millions of people to represent has nothing to do with the
question whether the legal argument shall take place before, or in the
middle of, or at the end of the presentation of the evidence. What I am
asking you is: Have you any objection to the legal argument taking place
at the end of the presentation of the evidence?
HERR BÖHM: I have no objection to these suggestions if they do not
impair my defense in any way.
THE PRESIDENT: The Tribunal will now adjourn.
[The Tribunal adjourned until 17 December
1945 at 1000 hours.]