. NMT03-T0157
Volume III · Page 157
[pre…] siding judge in accordance with German criminal law will have to be explained, and it will have to be shown how Rothaug confronted his task, solved it in the practical legal procedure, and which objections he had to face in connection with the results of his work by departments which in the course of their own duties had to examine, control and, if necessary, correct.
Furthermore, it will be my task to prove that in Rothaug's official working sphere without exception all defendants without consideration of nationality, national origin, or race, were granted the same legal guaranties as. any German according to German criminal law, thus that no case was treated as an exception to the general rule, that this was also done in all proceedings against Poles, who apart from one outstanding case bearing a special character, were the only foreigners against whom Rothaug proceeded.
This, generally and in particular, touches upon the problem which determines the judge's and the prosecutor's position to the legislation for Poles from an objective legal point of view, of which have to be discussed the actual and legal basis and aspects from and through which the German judge and prosecutor whether in the North, South, East, or West, had to view matters under the spell of the German legal doctrine.
Here the greatest importance has to be attached to the kind of offense in question, the place of the crime and last, but not least the question whether these Poles had really been deported and had not voluntarily, accepting certain conditions, placed themselves at the disposal of the German war power.
In this context, we cannot omit to discuss the principles which the highest judicial authorities have pronounced in connection with this whole complex. Here I must leave the justification of the legislation as such to others who are responsible for it.
To this, from a psychological viewpoint, belongs the discussion of Rothaug's actual basic attitude toward the Jewish problem in order to do away with all insinuations which have willfully and on purpose been made during this trial by persons who seem to have cause to stress and demonstrate their innocence in this connection by calling "catch the thief."
Another complex fitted into the direction of the main thrust of the prosecution is Rothaug's alleged political power position, Inflated so as to appear almost like a myth, which to begin with supported by an assertion which is the object of count four of the indictment. I shall prove that Rothaug's duties did not extend beyond the professional organization of the Rechtswahrerbund and that beyond that, he held no political post, and that in particular he did not belong anywhere, at any time, and in any function to the so-called corps of political leaders.
