So it is not right, is it, Defendant, that Defendant Göring disagreed with the procedure? Here is a call from his adjutant’s office—and it is noted by your office—saying that he agrees with the formulation of the concept and with the proposed procedure. This must be right, must it not?
KEITEL: Yes. I had never seen this document; but I understand, under the applied measures, transfer to the Oberursel camp for Air Force prisoners of war, not lynch law. Perhaps I may add something about the discussion I had with the Reich Marshal...
SIR DAVID MAXWELL-FYFE: It is quite clear. I am not going through the correspondence again. I pointed it out as we went along. Your letters are saying both lynching and the measures to be taken for the publication of lynching and the other procedure of segregating these people in the hands of the SD, pending confirmation of suspicion of terror-fliers. It is quite clear. I have taken you through nearly 10 letters in which it is stated implicitly that it is put to the Reich Marshal on both these points, publication of lynching and segregation from other prisoners of war. He is saying, “I agree with the proposed procedure.”
KEITEL: May I add something?
SIR DAVID MAXWELL-FYFE: Yes, do.
KEITEL: I recall very distinctly my discussion with Reich Marshal Göring at the Berghof. We waited for Hitler who was to give a speech to the generals. This must have been at about the same time. In this discussion two points were mentioned. Point one was the conception of the desired—or how should I say—of the planned or the conceived lynch law. The second question was that my influence with Hitler had not been strong enough to definitely settle this matter. These two points I talked over with Göring that day. We established that the entire method discussed here should be the prerequisite for the free use of lynch law, that we agreed that as soldiers we rejected it; and secondly, I asked him most urgently to use his influence with Hitler again so that he might desist from such measures. This discussion took place at the Berghof in the anteroom of the hall where Hitler addressed the generals. I remember this very distinctly.
I just looked over the correspondence which was exchanged all along. I only recognize certain fragments. They deal with the deliberations on a measure desired by Hitler which, thank goodness, never was adopted, as corresponding orders were not issued.
SIR DAVID MAXWELL-FYFE: Would you look at the next document, Document D-784, Exhibit GB-317. That is a note from General Warlimont to you. Paragraph 1 says that the Foreign Office has agreed; Ambassador Ritter telephoned on the 29th that the Reich Foreign Minister has agreed to this draft. Paragraph 2 says:
“The Reich Marshal is in agreement with the formulation of the concept of ‘terror-flier’ as proposed by the OKW and with the method suggested.”
That is sent to you, and on it there is a penciled note, initialed by Warlimont: