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Volume IV · Page 358
| does not hold the view that Roosevelt made a
mistake when in 1942 he presumed that we were not in an emergency state
concerning Russia, not in a German only, but also in a European state of
emergency. PRESIDING JUDGE MUSMANNO: Just a moment, please. This is a very interesting debate and if the Tribunal didn't have a very serious and solemn responsibility in passing upon the issue of guilt or innocence in the charges very solemnly drawn in the indictment, the Tribunal would be glad to listen to this debate which could go on for a very long time, but since the issue is a very narrow one, Mr. Heath, let us try to adhere to the problem which is before the Tribunal, namely, is this defendant guilty of having perpetrated illegal killings. MR. HEATH: Thank you for the admonition. PRESIDING JUDGE MUSMANNO: I don't mean by that that occasionally it is not illuminating to get into these side issues but I am afraid this last exchange went beyond all bounds of normal discussion on a question of murder. |
| * * * * * * * * * * |
| d. Justified Action Against Partisans and Reprisal Measures |
| EXTRACT FROM THE CLOSING
STATEMENT FOR DEFENDANT SANDBERGER BY DR. VON STEIN.* |
| Your Honor, members of the Court: |
| * * * * * * * * * * |
| Essentially two questions are relevant for
the decision of this case: 1. How are Sandberger's measures against Communist activists, and 2. How are Sandberger's measures against the Esthonian Jews to be judged? Sandberger's measures against Communist activists 1. The reasons for the Fuehrer Order The measures which Sandberger took against Communist activists were based on the Fuehrer Order. In as far as the order deals with Communist activists it is essentially based on the following considerations: For Hitler, the close connection between the Russian Bolshevist system of government and the political movement of communism was a fact. For him the Bolshevist state apparatus was the most |
Complete closing statement is recorded in mimeographed transcript. 9 February 1948. pp. 6077-6105.
