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this agency was much more an advisory and information agency, that it
was chiefly occupied with the allocation of raw materials and that only those
decisions of the meetings were binding which were summarized in the so-called
"Results."
Finally, we shall show that although, it is true, the
defendant was one of the founders of the Jaegerstab, he was not its chief and
that his importance in this connection was far less than it would appear on
first consideration. The work of the Jaegerstab and of the defendant was aimed
solely at the protection of Germany against bombing attacks, and Milch very
soon lost all influence in this Jaegerstab.
In the presentation of all
this evidence, I would ask the high Tribunal to have in mind one difficulty
which, particularly in this case, is nearly insurmountable.
The
documents submitted by the prosecution are only parts of a body of material the
extent of which can be termed gigantic. When one considers that the Jaegerstab,
for instance, from the time of its establishment held daily meetings and that
from those meetings only these few stenographic records of a few sessions have
been submitted that appear in the document books of the prosecution, then one
realizes that not even five percent of the material pertaining to the
Jaegerstab has been submitted.
Similar, although perhaps not equally
striking, is the situation with reference to the minutes of the Central
Planning Board. All these documents which were not submitted are not accessible
to me at all. Does not, however, justice demand that the material in its
entirety should be available to the defense counsel for examination? Already it
has been possible for me to discover in the incriminating documents numerous
passages which throw a different light on the indictment. Is it not highly
probable, then, that numerous other passages may be found in all of the other
material likely to extenuate to a high degree the guilt of the defendant, or
which, in any case, might show many things in a better light?
In an
ordinary trial with a considerably narrower scope it is much easier for a
defendant to conduct his defense than here where material of such volume is at
hand that even if he had the best of memories, it would be impossible for him
to point out to me, his counsel, where and what kind of exonerating material
can be found. That simply surpasses the capacity of the human memory, of the
human ability to think.
In passing, I would say that probably in all of
the armies which fought in this war the responsible men used strong language
during meetings and discussions which, had they all gone down in records, would
today cause the milder ones to shake their
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