SIR DAVID MAXWELL-FYFE: Now, you said during your evidence—you remember you told us why you did not want legal procedure: Because it was a difficult problem for a court-martial to decide and also it meant a 3-month delay in reporting the death sentence to the protecting powers.
KEITEL: Yes, I did make those statements.
SIR DAVID MAXWELL-FYFE: And then you said that you had a discussion with Göring, who said that lynching should be turned down. Do you remember saying that on Friday.
KEITEL: Yes.
SIR DAVID MAXWELL-FYFE: Now, that was not accurate, was it? Because I want to just show you what did happen. That document which you annotated was the 6th of June. And on the 14th of June...
KEITEL: Yes.
SIR DAVID MAXWELL-FYFE: ...it is Document D-774, which will be Exhibit GB-307, initialed Warlimont—your office sent a draft letter to the Foreign Office for the attention of Ritter, sending on this formulation of what were terror-fliers. And if you look it over it says that it is necessary to formulate, unambiguously, the concept of the facts which are to constitute a criminal act. And then the draft letter, Document D-775, Exhibit GB-308, to the Commander-in-Chief of the Air Force, for the attention of Colonel Von Brauchitsch, which says that:
“On the basis of the preliminary talks and in agreement with the Reich Foreign Minister and the head of the Security Police and SD”—the Defendant Kaltenbrunner—“the following facts are to be considered terroristic acts which are to be taken into consideration when publishing a case of lynch law or which justify the handing of enemy airmen from the Air Force Reception Camp of Oberursel to the SD for special treatment.”
And then you set out what was agreed and you say:
“Please obtain the consent of the Reich Marshal to this formulation of the facts and, if necessary, give the Commandant of the Air Force Reception Camp of Oberursel verbal instructions to act accordingly.