KEITEL: I merely wish to add a few supplementary words to the statement which Reich Marshal Göring has already made. In December 1938, there was passed the Reich Defense Law, which had been drawn up in 1935, a shelved law, that is, a law which had not been made public and which required modification, the reason being that the Reich Defense Law of ’35 was devised by the Reich War Minister, Commander-in-Chief Von Blomberg, who no longer held office. I was with Reich Marshal Göring at that time to discuss this with him and to find a new basis for this law, which until then had not been published. This law of the autumn of 1938 had a number of supplementary clauses as compared to the old one, and perhaps I will be able to give details later. Among other things, according to this law also, Reich Marshal Göring was the delegate of the Führer, a function formerly held by the Reich War Minister and which I could not exercise.
This conference in November 1938, to recall it briefly, had been convened by Reich Marshal Göring in order to present this law which had not been published, and which was not to be published, to a large circle of members of the ministries. There were about seventy or more persons present to whom the Reich Marshal explained the purpose and the essence of this law in the form of a speech. There was no discussion, apart from that speech, and there was certainly no question of a meeting of the Reich Defense Council at that time.
You also recently showed me the second document of a meeting of the Reich Defense Council as it is called and as also appears in the heading of the minutes of the summer 1939.
DR. NELTE: No, March 1939.
KEITEL: That has been mentioned here, and I believe it was the second meeting of the Reich Defense Council. I can explain that. This is how it was: I called a meeting of the committee and, of course, furnished Reich Marshal Göring with the agenda and the names of the people who were to be present. Reich Marshal Göring informed me that he would come himself and that since he wished to discuss other questions, he would accordingly enlarge the attendance. This conference, therefore, had an agenda which I had planned for the committee, and concrete questions were also brought up for debate. It is, however, remarkable that according to the list of those present, that is, according to the numbers, the members of the Reich Defense Council were represented by only a very small number, almost not at all, although there were about forty or fifty people present. The Reich Defense Council itself was a body of 12 people, and it needs no further explanation that, from the form in which these two conferences took place, one could not say that this was a plenary session of the Reich Defense Council based upon a clearly defined agenda, but rather that there were two meetings, the motive and extent of which I have described here.
[A recess was taken.]
THE PRESIDENT: Dr. Nelte, the Tribunal thinks that you might get on a little more quickly with the defendant. The Tribunal recall that you asked a few days ago that you might submit an affidavit of the defendant’s evidence, and there is in your document book an affidavit. You have been over all those matters in the affidavit at very much greater length than you would have gone into them if you read the affidavit, and we hope that you will be able to deal more shortly with the evidence in future.
DR. NELTE: Mr. President, I made every effort to be as brief and concise as possible in my questions, but testimony is, of course, always subjective. The defendant is unfortunately the one who is mentioned most frequently in this Trial and naturally he is interested in clarifying those matters which he considers essential in order to present his case clearly.
THE PRESIDENT: Well, Dr. Nelte, I do not think it is necessary to discuss the matter further; but the Tribunal have expressed their wish.
DR. NELTE: As far as I am able, I shall comply with your request, Mr. President.