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I
will demonstrate that Klemm, due to his conviction that law had to prevail in
the state and due to his generally decent human attitude interceded on behalf
of the law. It will be proved that my client was held in high regard by his
co-workers in the Ministry, that he tried in many individual cases to mitigate
the fundamental harshness of Minister Thierack who was severe on principle,
that he always was ready to listen to other officials, that he always was ready
to accept sensible suggestions; in general he was thus just the opposite of
Thierack. This attitude also showed results, as will be proved, in the sphere
of personnel policy. On principle he did not give any preference for positions
to so-called "old Party members." In case of promotions and appointments he
recommended persons who did not belong to the NSDAP. I shall be able to show
cases where he also recommended persons who were on the other side
[gegnerischen Lager], if they had special professional qualifications. He tried
to aid officials of justice who, for political reasons, were personally in
difficulties.
(h) Extended fields which Klemm handled in the
Ministry of Justice have not been mentioned by the prosecution. When submitting
evidence I will have the opportunity to show especially that my client had to
spend most of his working time in the Ministry for Department II of the
Ministry. This department handled all questions which were concerned with the
general training of all German jurists. Here the special difficulties which
arose with regard to the personnel of the authorities of justice account of the
events of the war had to be surmounted. The evidence will show that my client
in training the young jurists omitted all politics, that his work was
absolutely unpolitical. Thus, the so-called ideological training and
examinations which here very much favored in the time shortly after the
assumption of power of the NSDAP and which found a specially exact expression
in the "Referendar Lager [camp for prospective lawyers] Hanns Kerrl" were
excluded from the professional education of the jurist. At the time when Klemm,
at the beginning of the year 1944, took over his position in the ministry, all
these things had been settled a long time ago. The most urgent practical
problems, where one should get young judges, when and in what manner young
jurists should make their examinations, how former solders were to be treated
and similar questions belonged to Klemm's working field. This was practical
work, also this field had nothing to do with "politics." Thus, if the picture
and the activity of client will be made clear to the Tribunal, then it will be
proved that this is not cheap attempt of throwing the blame upon dead persons,
then it will become clear that it has been tried to make my client here in the
dock the deputy of Thierack and
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