Fifthly, contradiction between the broad masses of people who are “enlightened” by such superficial means as newspapers, radio, motion pictures, and all types of propaganda, and the disappearance of a thinking and cultured elite.
That was the subject of debate in the Constituent Assembly of the present French Parliament, and that is why I suggest, Gentlemen, that such questions also have a place in this Trial, since they are indicative of the political and mental attitude of the people, because highly ethical consideration may be derived from the concept of nationality. The fact that they have deteriorated is due to philosophical and biological process and partly to training, but only in part.
THE PRESIDENT: Have you finished, Dr. Thoma? Have you finished what you wanted to say?
DR. THOMA: Yes, Sir.
THE PRESIDENT: The Tribunal, of course, has not made its decision yet, and it will consider your arguments. But I am bound to point out to you that there is no charge in the Indictment or in this case against the Defendant Rosenberg either that he invented his philosophy, or that he held certain philosophical ideas. The charge against him is that he made a certain use of his philosophical ideas. That is all I have to say.
The only other matter which I want to mention to you is an application you made for calling Rosenberg, not first, but at some other point in the course of his case; and as to that, if the Tribunal should come to the conclusion that these other philosophical works are not matters which ought to be considered, is it not really unnecessary to put off the calling of the Defendant Rosenberg to some later stage? Would it not be in the interests of expedition that he should be called first?
DR. THOMA: Mr. President, there are two things I might say to that. I was under the erroneous impression that any evidence that is taken must begin with the hearing of the accused. I assumed that documents could not be read prior to that, and that is why I asked that I be allowed to produce some introductory documents first, so that the examination of the Defendant Rosenberg could proceed more smoothly, because in my opinion the Tribunal would become acquainted with the facts much more quickly through the documents. Furthermore, I asked for the Witness Riecke, who could also quickly acquaint you with the Eastern problems and particularly with the food problem and who would expedite matters if he were heard before Rosenberg. That is how I planned it. I would like to read in the first sequence the most important documents first—not only the ideological ones, but all those concerning the Einsatzstab and the administration of the East; then I would like to call the witness Riecke, and after that the Defendant Rosenberg.
THE PRESIDENT: Well, the Tribunal has already indicated that in its opinion, in every ordinary case, it tends to expedition if the defendant is called first; and, of course, any document which is material can be put to the defendant in the course of his evidence for any explanation which he may have to give upon it.
DR. THOMA: I believe, Your Honor, that if I were to make very brief remarks concerning the documents, it would take less time than if Rosenberg dealt with the individual documents. That is why I thought I might read some of the documents at the start, only to save time.
THE PRESIDENT: Well, in order that you should be prepared and able to go on on Monday morning, the Tribunal, having considered this matter, rules that Rosenberg should be called first. That is the ruling of the Tribunal.