THE PRESIDENT: The Tribunal will recess now to consider this question.
[A recess was taken.]
THE PRESIDENT: The Tribunal has considered the objection to the affidavit of Von Schuschnigg and upholds the objection.
If the Prosecution desires to call Von Schuschnigg as a witness, it can apply to do so. Equally if the Defense wishes to call Von Schuschnigg as a witness, it can apply to do so. In the event Von Schuschnigg is not able to be produced, the question of affidavit-evidence by Von Schuschnigg being given will be reconsidered.
MR. ALDERMAN: May it please the Tribunal, in view of the strategy and tactics of the Nazis’ concessions as indicated in the portion of the Messersmith affidavit that I read, substantial concessions were made by Austria to obtain Germany’s diplomatic formal assurance of Austrian independence and non-intervention in Austrian internal affairs.
The release of imprisoned Nazis presented potential police problems, and as Mr. Messersmith pointed out in a 1934 dispatch to the United States State Department quoted on Pages 12 to 13 of his affidavit:
“Any prospect that the National Socialists might come to power would make it more difficult to obtain effective police and judicial action against the Nazis for fear of reprisals by the future Nazi Government against those taking action against Nazis even in the line of duty. The preservation of internal peace in Austria was less dependent upon Germany’s living up to her obligations under the accord.”
Next, Germany’s continuing program of weakening the Austrian Government. In the pact of 11 July 1936 Germany agreed not to influence directly or indirectly the internal affairs of Austria, including the matter of Austrian National Socialism.
On 16 July 1936, just 5 days later, Hitler violated that provision. I quote from Document 812-PS, which is Exhibit USA-61, the reports of Gauleiter Rainer to Commissioner Bürckel, all of which were forwarded to the Defendant Seyss-Inquart—Page 6 of the English, and I believe, also Page 6 of the German version.
“At that time the Führer wished to see the leaders of the Party in Austria in order to tell them his opinion on what Austrian National Socialists should do. Meanwhile Hinterleitner was arrested, and Dr. Rainer became his successor and leader of the Austrian Party. On 16 July 1936 Doctor Rainer and Globocnik visited the Führer at the Obersalzberg where they received a clear explanation of the situation and the wishes of the Führer. On 17 July 1936 all illegal Gauleiter met in Anif near Salzburg, where they received a complete report from Rainer on the statement of the Führer and his political instructions for carrying out the fight. At this same conference the Gauleiter received organizational instructions from Globocnik and Hiedler.”