| |
| Documentary evidence shows that the defendant
knew of the evacuation of Jews in Austria and had correspondence with the Chief
of the Security Police and Security Service regarding witnesses for the
hereditary biological courts. This correspondence states: |
| |
"If the Residents' Registration
Office or another police office gives the information that a Jew has been
deported, all other inquiries as to his place of abode as well as applications
for his admission of hearing or examination are superfluous. On the contrary,
it has to be assumed that the Jew is not attainable for the taking of
evidence." |
| It also quotes this significant
paragraph: |
| |
"If in an individual case it is to
the interest of the public to make an exception and to render possible the
taking of evidence by special provision of persons to accompany and means of
transportation for the Jew, a report has to be submitted to me in which the
importance of the case is explained. In all cases offices must refrain from
direct application to the offices of the police, especially also to the Central
Office for the Regulation of the Jewish Problem in Bohemia and Moravia at
Prague, for information on the place of abode of deported Jews and their
admission, hearing, or examination." |
He was a member of the SS at the time of the
pogroms in November 1938, "Crystal Week," in which the IMT found the SS to have
had an important part. Surely whether or not he took a part in such activities
or approved of them, he must have known of that part which was played by an
organization of which he was an officer. As a lawyer he knew that in October of
1940 the SS was placed beyond reach of the law. As a lawyer he certainly knew
that by the thirteenth amendment to the citizenship law the Jews were turned
over to the police and so finally deprived of the scanty legal protection they
had theretofore had. He also knew, for it was part of the same law, of the
sinister provisions for the confiscation of property upon death of the Jewish
owners, by the police.
Notwithstanding these facts, he maintained his
friendly relations with the leaders of the SS, including Himmler,
Kaltenbrunner, Gebhardt, and Berger. He refers to Himmler, one of the most
sinister figures in the Third Reich, as his "old and trusty friend." He
accepted and retained his membership in the SS, perhaps the major instrument of
Himmler's power. Conceding that the defendant did not know of the ultimate mass
murders in the concentration camps and by the Einsatzgruppen, he knew the
policies of the SS and, in part, its crimes. Nevertheless he accepted
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1176 |