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| [con
] demned person could not be saved.
During the war, civilian and military command offices in numerous cases were
seriously charged with the fact that through a defense which they had to
consider as useless, they had sacrificed many lives. Such a useless sacrifice
it would have been if the Reich Ministry of Justice had instructed the prison
authorities, via the executive office, to resist the police. The subject of
this sacrifice would have been not only threats to officials or civil servants,
but to the entire administration of justice, which would have been eliminated
and its opponents would have triumphed. The acting official in the ministry
would have been eliminated as a saboteur; and already at that time he would
have been replaced by a person who would willingly and without exception have
put the administration of justice in the service of the Party. The individual
cases of transfer which the prosecution has described have to be evaluated from
these points of view. I myself, after taking charge of the Ministry of Justice,
immediately established contact with Minister Meissner in order to determine
basically that no order for transfer made by the police was to be executed as
long as the administration of justice did not have a report. This intention of
mine was again foiled by Bormann. A letter from Meissner to me makes this
apparent. Hitler had me informed by Bormann that the obtaining of the opinion
of the Ministry of Justice was not necessary. Meissner, who shared my opinion,
asked me in spite of that, in those cases where the ministry believed that
Hitler was not properly informed, that a report should be sent to Meissner. I
did that in all cases |
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| * * * * * * * * *
* |
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. Q. What do you have to say about the Markus
Luftglas case, a case of transfer to the Gestapo, Document NG-287, Prosecution
Exhibit 88?*
A. This case, too, I no longer remember even though the
name recalls certain memories. In my statements I have to refer to the
documents that have been submitted, and by referring to them I would like to
determine the following: the Fuehrer order to the police was given to the Reich
Ministry of Justice on 24 October 1941, through the usual channels by the
Presidential Chancellery. That nothing happened in this case is absolutely
impossible. It would have been inexplicable why my letter to Lammers in which I
informed him of the release was written only 4 days later, on the 29th, for
letters of that kind were answered immediately in our office as a matter of
course. The fact that our letter is dated |
__________ * Reproduced below in section
V C2a.
351 |