| |
perhaps also of Bormann. Klemm is, however, not responsible for their
guilt.
E. Opening Statement for Defendant
Rothenberger* DR. WANDSCHNEIDER: May I
begin my opening statement? At the beginning of my opening statement I want to
say a few words about the task of the defense as I see it.
I. The task of the defense
With the presentation of its theory of
proof [Beweistheorie], the defense really starts its task in this trial. It is
confronted with an indictment presented in the name of the world community
against the justice officials in National Socialist Germany and referring to
the moral conscience of just this world community. This situation requires a
few words about the duties and position of the German defense in this trial. It
is a cheap trick, if Germans now, subsequently, merely because the National
Socialistic State has collapsed, declare very simply and without resistance
that Hitler was "not right," and if these same Germans during the National
Socialist regime, completely renouncing their own attitude and personality,
were opportunists and cooperated with the entire National Socialist Policy with
just as little resistance. Such a confession on the part of the defense, which
would be considered suitable only because the sentence of the International
Military Tribunal established the amoral character of national socialism, would
also be a cheap trick and valueless. Opinions are not formed on the basis of
outward conditions, but on the basis of one's own knowledge. Of course, we do
know on the basis of our knowledge that under national socialism the basic
rights and worth of the free individual and of the human community whose
interests are inextricably bound together became corrupt and were destroyed and
that is, by misuse and waste of the most valuable sources of power of the
German nation itself and of other non-German nations. Only self-recognition,
self-education, and efficient responsible cooperation of all members of a
community lead to a really democratic way of life and state.
The above
statements which were made in order to be honest and above board have not been
made from the standpoint of any disinterested neutral third party. How could a
German defense counsel be inwardly untouched by the arguments of the
prosecution, regardless of whether and to what extent he, as a German,
considers himself "guilty." In view of the fact that the German
__________ * Tr. pp. 4106 -
4119.
142 |