DR. NELTE: Witness, I principally wished to question you on the OKW, its competencies, and the position held by the Defendant Field Marshal Keitel as Chief of the OKW. We have talked about the matter during our discussions, but since this will have been sufficiently clarified after the statements made by Göring and the defendant and statements yet to be made by other witnesses, and also to save time, I do not propose to ask you in general or in detail on this subject. But I would like you, as the Chief of the Reich Chancellery, to answer questions which others may not know as well as you do—you, who had participated in some way or other when certain decrees, and particularly that of the 4 February 1938, were drafted. May I ask you, therefore, to tell me, first of all, what brought about the big reshuffle of 4 February 1938?

LAMMERS: The Führer informed me that the Minister of War, Von Blomberg, was going to leave his position and that on that occasion he wanted to make certain other changes of personnel in the German Government and that in particular the Foreign Minister Von Neurath was going to retire and that here, too, a change would take place and that, furthermore, in the High Command of the Army, certain changes were about to be made. Subsequently, the Führer gave me the order to draft a decree regarding the leadership of the Wehrmacht. I was to participate in this in collaboration with the Wehrmacht Department of the War Ministry. As a guiding principle the Führer gave me the following instructions:

“In the future I no longer want to have a Reich Minister for War; and in the future I no longer want a Commander-in-Chief of the Wehrmacht who stands between me as the Supreme Commander, and the Commanders-in-Chief of the branches of the Wehrmacht.”

Accordingly, the decree was drafted, in which, to start with, the High Command of the Armed Forces became a military staff which was to be under the direct orders of the Führer. The Führer desired that there should be no independent authority here, which would stand between him and the Commanders-in-Chief of the branches of the Wehrmacht. Consequently, the then-appointed Chief of the OKW, General of Artillery Keitel, had no direct power of command over the branches of the Wehrmacht. Such power of command was out of the question if only for reasons of authority.

THE PRESIDENT: Has this not been really covered by the Defendant Keitel himself? No question in cross-examination has been put to him to challenge any of his statements upon the organization of the OKW; therefore, it seems to the Tribunal it is not necessary at all.

DR. NELTE: Mr. President, I already told that to the witness in my introductory words, I asked the witness only to tell me what brought about the reshuffle of 4 February 1938 and therefore he had to talk a little about the decree of 4 February 1938. I shall try and make Dr. Lammers’ examination as short as possible. I believe also that the circumstances surrounding the Chief of the OKW have been fully clarified, but it is, after all, a fundamental question. If a man of the standing of Dr. Lammers can confirm it, it would probably increase the value of the evidence.

THE PRESIDENT: If the Prosecution had put any questions in cross-examination suggesting that there was any inaccuracy in the evidence which the Defendant Keitel had given upon the subject, then, of course, it would be open to you and it would be necessary for you to call other evidence upon it; but, when the subject is not challenged in any shape or form, it is not necessary to confirm it.

DR. NELTE: In that case, Mr. President, I need not ask the witness any questions at all since the subject on which I was going to examine him was the position of the Defendant Keitel as Chief of the OKW, his position as a Minister, his functions as a so-called chairman of the Reich Defense Council, and his functions as a member of the Three Man College. In all these cases, no questions have been raised by the Prosecution.

THE PRESIDENT: Dr. Nelte, the Prosecution did raise the question as to whether the Defendant Keitel took part in any political action and upon that you may question him.

DR. NELTE: Thank you very much.