DR. LATERNSER: One question, Witness; did you discuss with Field Marshal Von Brauchitsch an intended Putsch against the regime or only against the Gestapo?
GISEVIUS: I discussed both with him; and in both cases he answered in the affirmative and acted in the negative.
I spoke to Halder and Witzleben. I knew Kluge well from the old times. I do not know at what period he entered the category to which you refer. At any rate my connection with Kluge was never broken off. I may have talked to other individuals falling within this category.
DR. LATERNSER: Yes, but to discuss Putsch plans with a high-ranking military leader is an event of some importance; if you had had a discussion of this kind with a field marshal you would surely remember it.
GISEVIUS: It was not such an important event as all that, Mr. Attorney. Field marshals were not such important people in the Third Reich.
THE PRESIDENT: Dr. Laternser, the fact that these generals were spoken to and refused to join a Putsch is not a crime within the meaning of the Charter.
DR. LATERNSER: Mr. President, yesterday I explained that this point is very important because it would exclude the assumption of a conspiracy.
THE PRESIDENT: I am afraid, Dr. Laternser, it is no good answering me that a point is very important. What I asked you was, how is it relevant to show that these generals discussed a revolt against the regime? That, I am putting to you, is not a crime within the meaning of the Charter.
DR. LATERNSER: Yes, but this circumstance would exclude the assumption of the conspiracy alleged by the Prosecution.
THE PRESIDENT: But does it preclude the possibility of a conspiracy to make aggressive war? It has nothing to do with it.