DR. LATERNSER: No, no.
THE PRESIDENT: Are you suggesting that you ought to be entitled to examine every witness who has any military rank on behalf of the High Command.
DR. LATERNSER: Mr. President, as far as I understood it, it has been the rule up to now, and the procedure has been, that every means of evidence—thus also witnesses who are brought in here—could be examined by everyone of Defense Counsel; and I have adhered to that rule up to now, and also felt that it was my duty to put those questions which I have put to the witness.
THE PRESIDENT: Dr. Laternser, I asked you very simply: Are you suggesting that you are entitled to ask questions on behalf of the High Command of every person who is called here who has any military rank?
DR. LATERNSER: Yes, Mr. President.
THE PRESIDENT: Well, it seems to me that would be highly cumulative. We shall then have evidence on behalf of the High Command from possibly 30 or 40 witnesses. And when you say that it has been allowed in the past, every other member of the Defense has been confined to evidence, so far as possible, which is not cumulative. That is the reason why I interrupted you, because it seems to me if you are going to do that, to claim the right to ask questions of everybody who has military rank—and you have done it up to now—the evidence is going to be extremely cumulative on your part.
DR. LATERNSER: Mr. President...
THE PRESIDENT: You see, Dr. Laternser, the questions you have been putting to this witness are questions directed to show that the regimental officers and soldiers in the German Army behaved properly and could not be expected to behave improperly. That does not seem to be really relevant to the questions to whether the High Command is a criminal organization or not. And in any event it is—in my opinion, at any rate—cumulative if you do that.
DR. LATERNSER: Mr. President, already so much heavily incriminating material regarding the Wehrmacht has been presented, especially by the Russian Prosecution, that the Russian Prosecution are definitely of the opinion that relevant orders were issued from above, that is to say, issued by the people comprising the circle of the General Staff and the OKW. By questioning this witness, who was a regimental commander, I wanted to establish whether any effects extended downwards. This statement has confirmed me in the fact that this is not the case. Otherwise, I must...
THE PRESIDENT: Anyhow, Dr. Laternser, we have your position now, and the Tribunal will consider how far you may be allowed to proceed in future.