THE PRESIDENT: You say it appears in Churchill’s speech?
DR. THOMA: Yes.
THE PRESIDENT: What have we got to do with that? I asked you whether the Prosecution alleged it in the Indictment or alleged it in the course of the presentation of the Prosecution, and you answer me that Mr. Churchill...
DR. THOMA: No, it is not Churchill, but rather Mr. Justice Jackson. In his presentation he said things, the sense of which was about the same. Consequently I felt that it was my duty to present to the Tribunal that philosophy which, before Rosenberg, raised similar arguments and which is indeed the philosophy of the entire world.
Regarding the presentation of the document book, the following happened: The Translation Division asked me to submit my document book without delay, as they had time at the moment to deal with it before it was handed to the Tribunal. So the Translation Division actually received this document earlier than the Tribunal. But the Tribunal in their resolution of 8 March 1946 had expressly given me permission to use quotations from these philosophical works; they refused me only the anti-Semitic works of Goldstein, Elbogen, and Homan-Harling. Consequently I immediately informed the Tribunal that documents were contained in my document book which had not been granted me.
And now, Your Honors, something of great importance: I have just ascertained that the quotation which Mr. Justice Jackson has just read comes from a French research scholar, Mr. Larouche.
Secondly, I have marked with red pencil those passages in my document book which were to be translated. The passage quoted by Mr. Justice Jackson was not marked in red and was not meant to be included in the document book. This is a regrettable error.
Thirdly, I should like to refer to the fact—my attention has just been called to this—that the passage reads literally, “Rosenberg developed the philosophical technique of the conspiracy and thus created an educational system for an aggressive war.” That was the expression in Mr. Justice Jackson’s presentation. I therefore felt justified in pointing out that this entire philosophy was already in the air and was a philosophical necessity which had to make its appearance. I therefore believe that I have cleared myself of the accusation of not having obeyed the ruling of the Tribunal.
THE PRESIDENT: Well, Dr. Thoma, were these documents sent to the pressroom or were they sent to the translation department?
DR. THOMA: In my opinion, they were sent to the Translation Division, since this department had told me that they had time at the moment, but expected a terrible rush soon. I had my document ready and I gave it to the Translation Division.