It was Beck’s opinion that his resignation alone might not be sufficiently effective. He approached Schacht therefore and asked him whether he would not join him, Beck, and resign also. This subject was discussed in great detail, on the one hand between Beck and Schacht personally, and on the other between Oster and myself, who were the two intermediaries. During these conferences, I must confess that I, too, was of the opinion that Schacht should resign under all circumstances; and I also advised him to that effect. It was Oster’s opinion, however, that Schacht must definitely remain in office and he asked him to do so; in order to influence the generals Schacht was needed as an official with a ministerial title. In retrospect I must say here that my advice to Schacht was wrong. The events which I have yet to describe have proved how important it was to Oster and others that Schacht should remain in office.
DR. DIX: That, of course, was a serious question for Schacht’s own conscience. You have informed the Tribunal of your opinions and of Oster’s opinions. Did Schacht discuss his scruples with you, and the pros and cons of his deliberations in making his final decision?
GISEVIUS: Yes.
MR. JUSTICE JACKSON: I don’t object to the defendants trying their case in their own way, but I do think we are passing beyond the limits of profitable inquiry here. Schacht is present; he is the man who can tell us about his conscience, and I know of no way that another witness can do so, and I think it is not a question to which the answer would have competent value, and I object respectfully.
THE PRESIDENT: Dr. Dix, I think you had better tell us what Schacht did—not tell us—but get from the witness what Schacht did.
DR. DIX: If I may, I should like to make a brief remark. It is true, of course, as Mr. Justice Jackson said, that Schacht knows his own reasons best and can tell them to the Tribunal. On a question as difficult as this, however, the justification of which is even subject to argument—the Prosecution apparently is inclined to consider the train of thought which led to Schacht’s decision to be unacceptable—it appears to me, at least on the basis of our rules for evidence, that it is relevant for the Tribunal to hear from an eye-and-ear witness what the considerations were and whether they really were such at the time, or whether Schacht, now in the defendants’ dock, is ex post facto, devising some explanation, as every defendant is more or less suspected of doing.
THE PRESIDENT: The Tribunal thinks that the witness can tell us what Schacht said and what Schacht did, but not what Schacht thought.
DR. DIX: Certainly. Your Lordship, I only want him to tell us what Schacht said to the witness at that time about his opinion.
THE PRESIDENT: I don’t think we need any further discussion about it. The witness has heard what I have said and you can ask him what Schacht said, and what Schacht did; but not what Schacht thought.
DR. DIX: Very well then, what did Schacht say to you regarding the reasons for his resignation?