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FOURTH
DAY
Friday, 23 November 1945
Morning Session
DR. OTTO NELTE (Counsel
for Defendant Keitel): Mr. President, you advised the Defense in
yesterday's session that the Defense should already at this stage of the
Trial raise objections if they believe they have any against the
documentary evidence introduced by the Prosecution.
The Chief
Prosecutor introduced in Court yesterday a graphic presentation
concerning the Reich Ministries and other bureaus and offices at the
highest level of the German Government. My client is of the opinion that
this presentation is erroneous in the following respects which concern
his own person:
1. A Reich Defense Council has never existed.
The Reich Defense Law, which provided for a Reich Defense Council in the
event of war, has never been published; a session of a Reich Defense
Council has never taken place. For this reason, the Defendant Keitel was
never a member of a Reich Defense Council.
2. The Secret
Cabinet Council which was to be created in accordance with the law of
February 4, 1938, never came into existence. It was never constituted;
it never held a session.
3. The Defendant Keitel never was
Reich Minister. Like the Commanders-in-Chief of the Army and the Navy,
he merely had the rank of a Reich Minister. Consequently, he never was a
Minister without portfolio either. He did not participate in any
advisory Cabinet session.
I should like to ask the Court for
its opinion as to whether these objections may be made the object of an
examination at this stage of the Trial or whether they are to be
reserved for a later stage?
THE PRESIDENT: The Tribunal rules
that the documents are admissible, but the defendants can prove at a
later stage any matters which are relevant to the documents. It is not
necessary for the defendants to make objections at this stage. At a
later stage they can prove any matters which are relevant to the weight
of the documents.
DR. DIX: May I ask the Tribunal a question?
We have now been able to see, in part, the briefs and
documents which were introduced in court yesterday. In that connection
we
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