dtufail/nuremberg-trials-corpus huggingface dataset:
DR. NELTE: At any rate, it must be said in clarification that Keitel many times had occasion to speak energetically to his office and department chiefs. I shall then continue by explaining that officers did not generally concern themselves with politics, and that only when the situation became worse did they make political information the subject of their argumentation. And I add that Keitel has, in fact, defined his attitude with words based on the assumption that the soldier in war must declare his faith and obedience, and if Keitel ever heard anything about such matters, he would reprimand these officers. Dr. Gisevius himself has said here that it was strictly forbidden for officers to concern themselves with political questions. The Defendant Keitel has stated that Hitler several times categorically declared the politicians were not allowed to concern themselves with military questions because they knew nothing of them; neither were the generals allowed to concern themselves with politics because they knew nothing about that either. Hitler's fundamental attitude in this question is shown in the decree dating from 1936, or the winter 1936-37, by which political reports to or for the Armed Forces were prohibited. In logical execution of Fuehrer Order Number 1, Hitler not only wanted an absolute separation of the fields of activity, but also that no office should ever be informed of the proceedings in another office. It was only a logical consequence that Hitler strictly prohibited any discussion of political questions by officers, and that the Defendant Keitel, while carrying out this prohibition which he himself approved, charged his officers, when there was reason to do so, to refrain from such discussions. It is obvious that this was not a question of an academic discussion of political problems, but of an attitude revealing itself as negative toward the position of the Supreme Commander of the Armed Forces. As long as there were successes, there was no question of this.
DR. NELTE: After Stalingrad one could hear expressions of opinion, which at that time were characterized by Hitler as the expressions of a weak nature. In accordance with his fundamental attitude that a soldier in wartime should show unconditional and natural loyalty toward his people and fatherland as represented by the head of the State and Supreme Commander of the Armed Forces (and to an extreme degree when reverses set in), Keitel was actually ruthless in condemning such expressions. He did not wish even to cause the impression that he was of a different opinion than his superior, that he personally had fears. I now continue at the bottom of Page 19: Keitel did this with "words." That does not mean that this was mere camouflage which did not reflect his inner attitude, but it does mean that the manner, perhaps often rough and harsh, in which the Defendant Keitel spoke to his officers, more than once led to an officer being punished or disciplined. Dr. Gisevius, however, perhaps wanted to suggest that Keitel had dealt with his subordinates in the OKW in a morally reprehensible way. He did not know the Defendant Keitel personally and therefore cannot give a personal opinion, he had to rely on the information of officers who were strongly opposed to Keitel, without such opposition ever becoming apparent. No one ever contacted Keitel to entice him to join in the conspiracy. That is plausible since the conspirators, knowing the character and the soldierly attitude of Keitel, could not expect any success. Since on the other hand Keitel was completely innocent, which does not need to be proved, the following situation results: Keitel knew nothing of conspiratorial activities; what he did encounter appeared in the shape of technical objections or personal remarks which were dealt with by Keitel officially and in a cordial manner, as by a superior of whom the subordinates say that he barks but does not bite. On the other side the so-called conspirators had to consider everyone a foe who was not in favor of their own aim.
DR. NELTE: Every move and every word was weighed and critically judged. As every conspirator hopes for the success of his revolutionary activities he has to gather evidence for the coming reckoning. This is, of course, a task for a future police minister and home secretary. From an impartial estimation of the facts, verified by the evidence presented, it is shown that the accusations arising from the testimony of the witness Gisevius are not correct. But the picture would not be complete if light were not thrown on the personality of the witness Gisevius by his own evidence. This judgment is made up from two factors: (1) The career and the position of the witness. (2) The trustworthiness of his information. On Page 92 of my text I have stated in detail the functions Dr. Gisevius carried out. I have not emphasized anything which, from my point of view, might impeach him in any way for having given the evidence here which you all have heard. I have only impartially confirmed the following: (a) He evaded military service through falsified papers put at his disposal by Oster. (b) He lived in Germany during the whole time from 1933 without restriction of liberty, and remained in office up to 20 July 1944. (c) He was an official of the German Reich and was in its pay from the middle of 1937 to the beginning of 1939 with the exception of leave. (d) He was Vice Consul of the Reich in Switzerland from 1943 in the Consulate General at Zurich, placed there through Canaris as intelligence agent, and was naturally paid for it. At the same time he was in touch with the enemy's intelligence service. (e) He had since 1933, when he worked in the Gestapo, exact knowledge of all the horrible happenings and knew what consequences could arise there for the German people. (I) A special circumstance, which shows the witness Dr. Gisevius in his true light, is the advice, or the suggestion, which he gave to the experienced bank specialist, Dr. Schacht, that he should allow inflation to set in and thus get the control of matters into his own hands.
DR. NELTE: This suggestion leaves only two possibilities: either complete ignorance of the national economic importance and social effect of an inflation, or else a boundless unscrupulousness which completely disregards the fate of employees and workmen. An inflation brought about knowingly can be described only as a crime against the people. Schacht described it as a catastrophe. Schacht answered him, according to the record: "You want the catastrophe; I want to avoid it." In order to judge the reliability of the statements by the witness Gisevius before this Tribunal, I must refer to the book submitted by the witness as evidence: To the Bitter End. This book is also a "statement" of the witness Gisevius. To err is human, but when in the year 1945, after the collapse of Germany, a book appears in which facts and occurrences are presented of historical and, for those personally involved, of moral and even criminal importance, the incorrectness of which has become obvious in the meantime, then the error is unforgivable and reference to false information is no longer an excuse. Of the many inaccuracies contained in this book I will only point out briefly the four which were established before this Tribunal through the cross-examination by Dr. Kubuschok, which refer to the Defendant Von Papen, and I beg you to take official cognizance of it. (1) Dr. Gisevius has asserted in his book that Von Papen did not resign notwithstanding the events of 30 June 1934. It is established that Von Papen did resign and that the public announcement was simply contemplated to be made at a later date. (2) Dr. Gisevius asserted further that Von Papen took part in the Cabinet meeting which he describes with exact details and when the law was resolved that the measures taken on 30 June 1934 were correct in the interest of the State. Actually Von Papen has never taken part in this meeting. (3) Dr. Gisevius asserted anally that Von Papen went to see Von Hindenburg, but had not raised a sufficient protest against the measures.
DR. NELTE: Actually what happened was that the attempts of Von Papen to visit Von Hindenburg were frustrated, therefore he failed to see him. (4) The assertion in the book of Dr. Gisevius that Von Papen took part ins the meeting of the Reichstag in which the measures of 30 June were approved, must equally be labeled incorrect information. It could not be termed an unfounded reproach if such a statement were to be described as dubious and the author as unreliable. It is difficult for me as a German defense counsel to deal calmly with this problem. The statement of Gisevius reveals the entire tragedy of the German people. It is for me a proof of the weakness and of the decadence of certain German circles, who played with the idea of revolt and high treason without any feeling for the distress of the people. They were a higher level of future ministers and generals without the backing of the large masses of our people, the working classes, as Reich Minister Severing has declared here very clearly. Mr. Justice Jackson has used the word "resistance movement" in connection with the examination of the witness Gisevius. We have often heard during the progress of this Trial about dauntless, brave men and women, who fought for their country, and have suffered and died for it. They were our enemies. But no one who tries to judge these things impartially would deny them acknowledgment of their heroism. But where do you find this heroism in the group around Gisevius? If one has read his book To the Bitter End and has heard him here, one looks in vain for a readily self-sacrificing man. Even the late deed of a Stauffenberg lacks heroism, because it lacked the resolution of self-sacrifice. Gisevius, up to 1938-when there might still have been time to succeed in holding back the wheel of fate-always speaks about negotiations, conferences; but all these men wished the others, that is, the generals, to act.
DR. NELTE: If one considers the knowledge of affairs which Gisevius had as member of the Gestapo, and all his friends had; if one takes into account the realization of the great danger hovering over the people-then the decision to take action should not have been in doubt for an instant for patriotic men, as the members of the group claimed themselves to be. But what did they do? When the leaders of the army hesitated or refused, they did not think of taking action themselves, but turned to the foreign countries. One would have full understanding for those Germans who were treated in an outrageous manner or who had been thrown out by the Government particularly when they had no means or ways to undertake direct action. But the Gisevius group had such means and possibilities. Men in the most influential key positions, men in the OKW, in Hitler's closest circle, belonged to them; men who had the possibility to get close to Hitler and to his evil men behind the scenes. Not one of them mustered up courage for action Even there was time. What did they do instead? They remained in office, they helped effectively so as to allow crimes such as, led to this Trial to be committed. I should not like to leave any doubt that the fact of the conspiracy in itself is of no importance in the question of credibility to be discussed here. Whoever is a conspirator out of pure motives, who risks his life, in the full realization of the danger which threatens his country, is not only clean, but also deserves the gratitude of the fatherland. If Gisevius and his friends, who owing to their positions were informed about everything which most Germans only learned of in all its horror through this Trial, had served their country in unselfish sacrifice, then perhaps we and the whole world would have been spared much distress and suffering. Admiral Doenitz, who knew Admiral Canaris, the source of information, well, said: "During the time that he was in the Navy, Admiral Canaris was an officer in whom little trust was placed. He was altogether different from us.
DR. NELTE: We said that he had seven sides to his character." But, Gentlemen, what does Dr. Gisevius say about Canaris on Page 319 of the book To the Bitter End? "The successor was Canaris, at that time captain in the Navy, quite clever and more cunning than Himmler and Heydrich put together." On the subsequent pages I have analysed those personalities who have been quoted by Gisevius as being the chief sources of information. I do not wish to go into this in any more detail. We are concerned here with the persons of Canaris, Nebe, and Thomas. As regards Pages 96 to 103, I shall make the following brief summary. With reference to Canaris, I only want to say that he was living in the closest touch and was very friendly with Himmler, Heydrich, and the Gestapo, although he was supposed to be their sworn enemy. Thomas, who was also allegedly a member of the group from the beginning, was an excellent General Staff officer, and he was an exemplary organizer and untiring worker in the Army Economic Staff under Keitel and later in the Army Economic Armament Staff in the High Command of the Army; you know his publication, 2353-PS. This man was the spirit and the driving power behind rearmament which he, as well as Keitel and others, considered necessary to the extent which he energetically pursued. But he is also the same man who organized the "Barbarossa-Oldenburg Plan" and who later, under the Four Year Plan, became the head of the economic staff of the Plan Oldenburg. The results of that plan need not be explained here by me. It was General Thomas who, according to very convincing outward appearances, used all his powers for the economic direction of the war, and who, after leaving Speer's division, was not dismissed but was assigned by Keitel to work with the records office so that he could write the book which forms the main point of the Indictment with regard to rearmament. If what Gisevius has said about Thomas is true, then since 1933 he played a double game, and was an opportunist and not a man who can be expected to give impartial information.
DR. NELTE: The figure of Canaris is almost mystical. This is probably necessarily the case with men who concern themselves with matters which cannot stand the clear light of day. His position was of great importance for the entire conduct of the war. It is clear that such people must have to the highest degree the confidence of both the political and military leaders. One can judge by the amount of confidence which somebody! enjoys whether he is trustworthy. He also enjoyed the confidence of the Defendant Keitel, with whom, as is proven, he associated in a friendly and companionable way, and not only as a subordinate with his superior. Jodl declared that Keitel was much too trusting. Can one believe that such a condition existed for- years if Keitel dealt with the alleged reports of Canaris, as the witness Gisevius has testified here, or if he could even have received an order to commit murder from Keitel, as Lahousen would have us believe in the cases of Generals Weygand and Giraud? Now if Canaris enjoyed such great confidence with Hitler and Keitel, but at the same time also worked authoritatively in Gisevius' group, his character must not only be considered dual, but unreliable and untrustworthy as well. It is understandable that a person might temporarly display such a dual nature, if it is done for the sake of a higher aim, to serve one's country, to liberate it from a tyrant. However, one searches here in vain for such a serious aim, for a deed which makes the unlawful action appear in a light of greater moral right. Canaris believed that he could satisfy his revolutionary duty by expressing doubts in the circle of his trusted political associates and raising the severest kind of criticism. He waited, like others, for the generals to act-as an admiral he apparently did not count himself in this circle-while he himself cultivated his confidential relations with Hitler and Keitel. According to the testimony of the witness Gisevius, one must assume that he permitted his political associates to establish contacts abroad. When did Canaris tell the truth?
DR. NELTE: He was necessarily entangled in falsehood. Did he not have to ten his political associates something, which, in the opinion of the group, looked like activity? Did he not also have to report on what he supposedly had told Keitel? He is the typical example of an over refined, highly intelligent drawing-room conspirator, protected by the nature of his obscure activity, which to a large extent could not be checked, in whom however the spirit of action was lacking. Keitel had such confidence in Canaris, and such a liking for him, that he again and again ignored Jodl's various warnings and even until after 20 July 1944 maintained his confidence in Canaris. Although Canaris was the most bitter enemy of the Gestapo, he worked, certainly not out of conviction, closely and on an astonishingly friendly basis with Himmler and Heydrich. There existed a certain competition; Himmler also had a central intelligence office, which at first concentrated on the domestic sphere, although later, step by step, it expanded abroad. The Defendant Kaltenbrunner testified that this competition carried with it a possibility of friction, which, in view of Himmler's thirst for power, with which Canaris also was familiar, might easily lead to the Counterintelligence Department becoming integrated into the Reich Security Main Office (RSHA). Canaris saw himself and the circle of conspirators endangered. He therefore did something very clever in organizing co-operation, with the result that Himmler covered him in various dubious affairs. For a long time this co-operation functioned well, until the Oster case and the Ankara case afforded the RSHA's foreign intelligence service, organized by Kaltenbrunner, an opportunity to discredit the Counterintelligence of the OKW so strongly that Hitler decreed the transfer of the Counterintelligence Department.
DR. NELTE: What is important in this connection is the fact of Himmler's particular co-operation with Canaris, and the ensuing consequence, resulting with compelling logic, that Canaris at no time could have presented a report which would have seriously incriminated Himmler and his organizations. For if Canaris had presented such a written order to Keitel, he either would have had to refer the report to Hitler or inquire from Himmler and the RSHA respectively. In both cases Himmler would have become informed. The consequence would have been clear. Co-operation would have become enmity, and enmity with Himmler meant the greatest danger for Canaris and his group. I believe that this compelling logic is stronger than any account by the witness Gisevius which concerns itself with alleged statements by Canaris. Such was the versatility of character in a man whom one may judge at will, but who was neither a conspirator nor can lay claim to credibility. For an opinion on the character and credibility of General Thomas, the following documents are important: Document 2353-PS (Green File), Document EC-270 and Document EC-271. (1) Document 2353-PS, entitled "Part A: Work done in the fields of war economy and armaments industry until the beginning of mobilization in 1939" was presented by the Prosecution to prove rearmament. It does furnish this proof, which is not being denied by the Defendant Keitel. After being taken prisoner, Thomas made a declaration in reference to this work of his which says that after 20 July 1944 he revised his rather critical memorandum on the rebuilding of German war economy in such a manner that in case of need, that is, in proceedings before a German court, it might serve in his defense. His declaration, which precedes and is attached to Document 2353-PS, is either untrue, in which case it cannot be presented as evidence by the Prosecution, or it is true, thereby raising the question of the credibility of this immediate witness as a source of information for Dr. Gisevius. On the whole, the memorandum is true.
DR. NELTE: It is also true, however, that Thomas wholeheartedly co-operated not only in rearmament but also in the organization Oldenburg, that is, in economic preparation for war against the U.S.S.R. I refer to Exhibit USA-141 (conversation of 29 April 1941). Purpose of the meeting: Introduction to organizational reconstruction of the economic sector of the Barbarossa-Oldenburg Plan. There it says: "He"-the Reich Marshal-"has delegated the task to an economic leader ship staff headed by the Chief of the Wirtschafts-Rustungsamt (Economy and Armaments Office) (Thomas,." For this task General Thomas thereby became attached to the Reich Marshal as the chief of this entire undertaking. As explained in Keitel's affidavit (Document Book 2, Exhibit Number K-ll), Thomas prepared and directed the entire organizational construction of the undertaking. Is this consonant with the contention of Gisevius, and now also of Thomas, that on principle they were opposed to war, and with their convinced attitude against Hitler? The task which Thomas assumed and organized was unmistakably incompatible with valid international law. At no time did he protest against assumption of this office. The attitude of General Thomas can also be ascertained from Document EC-270, submitted by the Prosecution on 6 May 1946. It is the draft of a letter written on 27 April 1938 by the War Economy Staff (chief General Thomas), addressed to Department L (National Defense within the Armed Forces Operations Staff); it is not signed by the Defendant Keitel. This involves the struggle for power by Plenipotentiary (GBW) Funk, and Goering as the Delegate of the Four Year Plan. Document EC-271 shows that the aim of General Thomas was to place the entire war economy under the supervision of OKW, that is, under the War Economy Staff which he headed.
DR. NELTE: Under the guise of an interpretation of the decree of 4 February 19;18 on "direction of German armament" he attempted to prevent Funk's subordination to Field Marshal Goering as Delegate of the Four Year Plan; at the same time he also wanted to prevent the plenipotentiary from becoming independent. It was "to be established" (Page 5 of the document, last paragraph of the communication) "that in all questions pertaining to the Armed Forces' supplies, the plenipotentiary was to carry out the instructions of OKW." This plan did not succeed; nor did Keitel approve it. But from Document EC-270, with special reference to Figures 1 to 9 (Pages 2 to 4) it follows that the endeavor of General Thomas was to extend the scope of his office to that of a General Staff on Economics within the OKW, a plan which Thomas had been pursuing for years already, in opposition to Keitel and Jodl; he is the man, an opportunist and a double-dealer, who claims to have fought against methods he terms corrupt and contrary to international law. The Defendant Keitel admits that Thomas made reports pointing to the scarcity of raw materials; he expressed doubts as to whether armaments would suffice to carry on a war. But these doubts were shared by the generals, especially by Keitel. Generaloberst Jodl confirmed the fact that such reports were submitted to Hitler and Thomas, so that Dr. Gisevius' contention is proved incorrect in that respect too. But it is worst of all with friend Nebe. The witness Gisevius has described Nebe as one of his most intimate friends who held the same views as he did. According to the statements of Dr. Gisevius, Nebe had been his friend since 1933 and was thoroughly familiar with the views of the witness. He remained in the RSHA-an organization discussed from many angles here-until 20 July 1944, and in the year 1944 he was in charge of the headquarters of the Special Service (Sonderdienst) for the prevention of the escape of prisoners of war. This is shown by Document USSR-413 submitted by the Prosecution. To describe this witness-from whom Dr.