. NMT04-T0586
Volume IV · Page 586
| [or...] ganization. It would appear that at
no time was Graf a fanatical adherent of National Socialism. In 1932 he
intended to go to South America but was prevented from doing so because of
restriction on foreign currency. He tried to migrate in 1940 but could not do
so because of the war. His primary interest was not politics but business. His
Work Book, a document required under the Law of 26 February 1935 (published in
Reich Law Gazette 311) lists him as an independent business man from the period
of 1 October 1935, to 1 February 1940, and as a civil servant from 1 March
1940. In January 1940, he was drafted under the Emergency Service Regulations for service with the Landrat in Kempten and then entered the SD Aussenstelle in Kempten on a war supplementary basis. In that same year, 1940, he endeavored to be released from the SD so that he might join the army. He took an interpreter's examination in order to qualify for linguistic services in the army but he did not succeed in his attempt. On 18 April 1941 he wrote a letter, seeking to be released from the SD so that he might be enrolled in the army. A copy of this letter was introduced as a document. In considering the subject of membership in a criminal organization, as defined by the International Military Tribunal decision, 1 September 1939 is accepted as a crucial date. On that date Graf was not a member of any criminal organization. When, in 1940, he was drafted by the Emergency Service Regulations he applied to rejoin the SS. He explained that this application was purely a perfunctory function because he would automatically have fallen into this organization on account of his then being a member of the SD. |
"The personnel departmental chief could see from my documents that I used to be a member of the SS, so he said, 'Of course, in that case you have to rejoin the SS'. Therefore, I made out the application, but, if I had not been deferred to the SD, I would never have rejoined the SS. After all, I had left the SS and also I did not rejoin the General SS, but I was transferred to the special formation, the SD. After all, this was on the war emergency status. In my opinion then, it was merely a formal matter to regain my former SS number." |
| In substantiation of his claim that he rejoined the SS because of the insistency of his departmental chief the defendant pointed out, that although drafted into war service on 1 January 1940, he did not make his application for the SS until 28 July. Had he had a sincere desire to rejoin the SS, he would not have waited 7 months to make the application. He, therefore, submits that the filing of the application was a mere form. |
