. NMT03-T0502
Volume III · Page 502
| Q. He became the supreme judge, did he not?
A. In effect, he interfered with the administration of justice, as we know now. Q. All of the judges in Germany were in a position of fealty to the Fuehrer, were they not? A. No fealty, no. Q. What do you understand by "fealty"? A. Dependence upon him. Q. And you don't think judges in Germany at the end of the war were dependent on Hitler? A. I just wanted to prevent this fealty. Q. You wanted to prevent it? A. Yes. Q. That is not what you said in your memorandum. You said in your memorandum, "A judge who is in direct relation of fealty to the Fuehrer must judge like the Fuehrer." That doesn't sound like you were trying to prevent it. That sounds like you were trying to induce it. A. You do not distinguish between the dependence and fealty on the one hand, and an obvious natural relationship of trust and confidence which every German and therefore every judge too should have in the Fuehrer. |
| * * * * * * * * * * |
| JUDGE HARDING: Dr. Rothenberger, with
reference to the time you submitted your memorandum to Albrecht,¹ when did
this speech of Hitler declaring himself the supreme law lord of Germany occur?
What is the relationship between the time you submitted your memorandum and his
speech? DEFENDANT ROTHENBERGER: The Hitler speech was delivered on 26 April [1942].² When my memorandum reached Hitler's hands, I cannot say. Q. When did you submit it to Albrecht? A. I can gather that only from the date which is below the memorandum and that is 31 March; in other words, I probably gave the memorandum to Albrecht during the month of April without knowing exactly when it was and also without knowing |
¹ Reference is made to Rothenberger's "Reflections on a National Socialist Judicial Reform," (Doc. NG-075. Pros. Ex. 27), reproduced at the beginning of this section.
² Extracts from this speech as reported in the "Voelkischer Beobachter" are reproduced in section V C 2 a (Doc. NG-752, Pros. Ex. 24).
