After Halder’s deposition, in the document book on your table, there is an extract from the deposition of the former Deputy Chief of the Operations Section of OKW headquarters, General Warlimont, dated 12 November 1945. He was testifying on oath before Lieutenant Colonel Hinkel of the American Army. This document is the result of work accomplished by our American colleagues. The American Prosecution has kindly placed this document at our disposal, which we in turn submit to the Tribunal as Exhibit Number USSR-263(a) (Document Number USSR-263(a)). I think the Defense Counsel wishes to submit another request to the Tribunal. I therefore cede my place.
DR. NELTE: Mr. President! Regarding General Warlimont, we have the same reasons which I just mentioned regarding Generaloberst Halder. General Warlimont is also present in Nuremberg and is at your disposal for examination in the court. Concerning the importance. . . .
THE PRESIDENT: What do you want to request now?
DR. NELTE: My application consists in the request to disallow the use of the document which the Soviet Prosecutor has just wished to read out loud, and to direct that the witness, Warlimont, now present in Nuremberg, be called as a witness.
THE PRESIDENT: The Tribunal has just ruled that the interrogation of General Halder may be used, but if it is used—and it is being used—he must be submitted for cross-examination by counsel for the defendants. What more do you want?
DR. NELTE: I am not speaking about Generaloberst Halder but about General Warlimont.
THE PRESIDENT: I thought we had already ruled upon General Warlimont; that he had to be called—that is, only yesterday or the day before.
DR. NELTE: I believe that this ruling has escaped the memory of the Soviet Prosecutor, otherwise he would not be reading this document out loud but would be introducing General Warlimont to the Court in person.
THE PRESIDENT: I think the ruling of the Tribunal was that the Prosecutor should be entitled to use the interrogation, but if he did so, he must submit the witness for cross-examination. Therefore, the Soviet Prosecutor is entitled to read the interrogation and General Warlimont will then be produced for the purpose of cross-examination.
DR. NELTE: Is he obliged to do this or may he use his own discretion?