The Mazal Library

©MAZAL LIBRARY

NMT03-T0465

NUERNBERG MILITARY TRIBUNAL
Volume III · Page 465

clemency matters after Hitler's speech of 26 April 1942. Do you remember?

DEFENDANT SCHLEGELBERGER: Yes, it is a question of confirming the sentences.

Q. Yes. On 6 May 1942, you wrote Dr. Lammers — addressed the letter to Reich Minister Dr. Lammers —

"Dear Sir:

"During our last conversation, I already told you that I intended to propose to the Fuehrer the introduction of a confirmation of judgment passed; a plan to which you agreed."

I am leaving out a sentence; I don't think it is necessary. It's in the record here.

"Today I am transmitting to you an open letter to the Fuehrer along with draft of the decree requesting them to the Fuehrer.

"Copies for your files are attached."

Then on the same day, 6 May 1942, you wrote to Hitler, and you started the letter, "My Fuehrer," and you stated, among other things:

"If you, my Fuehrer, could decide by signing the attached draft of a decree, to transfer to the Reich Minister of Justice this right of confirmation for cases in which you do not want to decide yourself, the following would be achieved."

Then it lists a technical analysis of the decree, as you see it. Then I go to the last paragraph of your letter addressed, "my Fuehrer," of 6 May 1942, which reads in the English text:

"Therefore, I believe that, if you, my Fuehrer, will agree to the draft, I could assume the responsibility that the punishment awards of the courts will not lead to complaints any more."

Now that followed the speech of Hitler on 26 April 1942. Do you recall writing that letter?

A. Yes.

Q. On 12 May 1942, in this same exhibit and document, you write again to Dr. Lammers, and this time you say:

"Dear Reich Minister Dr. Lammers

"With regard to your request, I am sending you today some material from which, I think, follows that a Reich Minister of Justice controlling criminal justice cannot dispense with the possibility not to confirm a sentence. I may add that when the draft of the decree was already under way to you, Reich Marshal Goering explained to me in detail at a visit in Karinhall that he in the sphere of Wehrmacht justice, sector Luftwaffe,

465