Now we recognize the adherent controversial character of the issues which may be raised concerning this branch of the case. What this evidence proves, what organizations it is sufficient to condemn, and how the Charter applies to it are questions capable of debate, which we are quite ready to argue when it can be done in orderly and intelligible fashion. We had expected to do it in final summation, but we will do it at any time suggested by the Tribunal, after there is a record on which to found the argument; and we are willing to do it either before or after the defendants take up the case. But we do suggest that, if it is done step by step as the evidence is produced and on questions of admissibility, it will be disorderly and time-consuming. Piecemeal argument will consume time by requiring counsel on both sides to recite evidence that is either in the case, or to speculate as to evidence that is not yet in, to resort to hypothetical cases, and to do it over and over again to each separate objection. It will also be disorderly because of our plan of presentation.
Questions which relate to these organizations go to the very basis of the proposal made by President Roosevelt to the Yalta Conference, agreement upon which was the basis for this proceeding. The United States would not have participated in this kind of determination of question of guilt but for this or some equivalent plan of reaching thousands of others, who, if less conspicuous, are just as guilty of these crimes as the men in the dock. Because of participation in the framing of the Charter and knowledge of the problem it was designed to reach, I shall expect to reach the legal issues involved in these questions.
The evidence, however, will be presented by the lawyers who have specialized in the search for the arrangement of evidence on a particular and limited charge or indictment. Piecemeal argument, therefore, would not be orderly, but would be repetitious, incomplete, poorly organized, and of little help to the Tribunal. The issues deserve careful, prepared presentation of the contentions on both sides.
We will ask, therefore, upon these conditions, which we think protect everybody’s rights and enable the Defense as well as ourselves to make a better presentation of their questions because they will have time to prepare them, to lay before the Tribunal, as rapidly as possible next week and as uninterruptedly as possible, the evidence which bears upon the accusations against the organizations.
THE PRESIDENT: Mr. Justice Jackson, have you yet communicated that to the defendants’ counsel in writing or not?
MR. JUSTICE JACKSON: I have not communicated it, unless it has been sent to the Information Center since noon.
THE PRESIDENT: I think, perhaps, it might be convenient that you should state what you have stated to us as to objections to the evidence in writing so they may thoroughly understand it.
MR. JUSTICE JACKSON: I have prepared to do that and to supply sufficient copies for members of the Tribunal and for all defense counsel.
THE PRESIDENT: Yes.
HERR BÖHM: I represent the members of the S.A. who have volunteered to be questioned before the Tribunal. I understood the statement of Justice Jackson only partially. As Defense Counsel I have no one who can supply me with information and I cannot, under any circumstances, agree to give my views on statements which I do not know or which are made known to me in such a way that I am not in a position to get information.