MR. JUSTICE JACKSON: I am calling Your Honor’s attention to the fact that Your Honor’s order is not being observed and that we are being given these documents to print without any prior notice. The boys in the pressroom are not lawyers; they are not in the position to pass on these things. I do not have the personnel; my personnel, as this Tribunal well know, is reduced very seriously. I cannot undertake it in the pressroom here after an order comes from the General Secretary’s office—a review of what can be done.
THE PRESIDENT: Well, but did you...
MR. JUSTICE JACKSON: The order is not being carried out; that is the difficulty.
THE PRESIDENT: You mean that none of these documents were submitted to the Counsel for the Prosecution?
MR. JUSTICE JACKSON: The documents were not submitted to Counsel for Prosecution. They came to the pressroom with an order to print from the General Secretary’s office. That is what I am arguing, a grievance; one I shall have to remedy. We are in the very peculiar position, Your Honor, of being asked to be press agents for these defendants. We were ordered to print 260 copies of these stencils that I have. The United States cannot be acting as press agents for the distribution of this anti-Semitic literature, which we have protested long ago was one of the vices of the Nazi regime, particularly after they have been argued on and have been denied by the Court. This, it seems to me, is a flagrant case of contempt of court, to put these documents through after the Tribunal has ruled on them and ruled out this whole document book of Rosenberg.
THE PRESIDENT: Certainly, so far as these documents have been denied, they ought never to have been submitted to the translation department. Might not the Tribunal hear from Sir David Maxwell-Fyfe, because he was here on the previous occasion, the last occasion that we dealt with this subject?
SIR DAVID MAXWELL-FYFE: May it please Your Lordship, my understanding of the matter is that the Rosenberg documents had been processed—that was what we were informed—before our last discussion of the matter, and I therefore suggested to the Tribunal that the practical application of the proceeding should begin with the documents of the Defendant Frank. That is what I said to the Tribunal.
THE PRESIDENT: Then my recollection is that, after we made this rule of 8 March 1946, Counsel for the Prosecution—I think all four prosecutors, and I rather think the document came in signed by the United States, but I am not certain of it—pointed out that there were great difficulties in carrying out this ruling of 8 March, because of the difficulty of Counsel for the Prosecution making up their minds about what documents were irrelevant, having regard to the fact that they had to be translated for them to do it. Is that not so?
SIR DAVID MAXWELL-FYFE: That difficulty arose with Dr. Horn over the Ribbentrop documents.
THE PRESIDENT: But a written application was made to the Tribunal to vary this rule of 8 March 1946, and it was then after that that we had the subsequent discussion in open court when we came to the conclusion that we had better adhere to the ruling of 8 March 1946. And I see from Rosenberg that the documents, these documents, had been processed already beforehand.