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