2. The question of the precise time within which the named organization is said to have been criminal is vital to the decision of the Tribunal.
The Tribunal desires to know from the Prosecution at this stage whether it is intended to adhere to the limits of time set out in the Indictment.
3. The Tribunal desires to know whether, in the light of the evidence, any class of persons included within the named organizations should be excluded from the scope of the declaration, and which, if any.
In the indictment of the Leadership Corps of the Nazi Party, the Prosecution have reserved the right to request that Politische Leiter of subordinate grades or ranks, or of other types or classes, be exempted from further proceedings without prejudice to other proceedings or actions against them.
Is it the intention of the Prosecution to make any such request? If so, it should be done now.
4. The Tribunal would be glad if the Prosecution would also:
(a) Summarize in respect of each named organization the elements which in their opinion justify the charge of being a criminal organization.
(b) Indicate what acts on the part of individual defendants, indicted in this Trial—in the sense used in Article 9 of the Charter—justify declaring the groups or organizations of which they are members to be criminal organizations.
(c) Submit in writing a summary of proposed findings of fact as to each organization, with respect to which a finding of criminality is asked.
The Tribunal hopes it is not necessary to say to the Prosecution that it is not seeking to interfere with the undoubted right of the Prosecution to present its case in its own way, in the light of the full knowledge of all the documents and facts which it possesses, but the duty of the Tribunal under Article 9 of the Charter makes it essential at this time to have the case clearly and precisely defined.