DR. LATERNSER: Nevertheless, Mr. President, I feel there is an impediment for the defense, constituted by the fact that the defense of the organizations is thus not in a position to present its evidence directly.
THE PRESIDENT: The Tribunal has announced its decision.
DR. LATERNSER: I only regret, Mr. President, that that decision was announced without the Defense having first been notified.
DR. MARTIN LÖFFLER (Counsel for the SA): I should like to add in connection with the statements of my colleague Laternser that I must emphasize them because...
THE PRESIDENT: On what point, Dr. Löffler?
DR. LÖFFLER: On the point that the witnesses called today cannot be questioned by defense counsel for the organizations, as has been the custom until now, and that is, therefore, a disadvantage to the defense because for all practical purposes we lose these witnesses altogether.
THE PRESIDENT: Dr. Löffler, you and Dr. Laternser seem not to have read Article 9 of the Charter, which provides that the Tribunal may direct in what manner the applicants shall be represented and heard. That is with reference to the organizations. The Tribunal, after very great trouble, have brought to Nuremberg a very large number of witnesses and have set up commissions for the purpose of examining those witnesses, and they are going to hear some witnesses from among those witnesses at a future date in this Court.
The Tribunal have given the matter full consideration, and it doesn’t desire to hear any further arguments from you or from any other of the counsel for the organizations.
DR. LÖFFLER: Mr. President, we appreciate the Tribunal’s grounds, but we feel obliged to point out from the point of view of the defense that these reasons are justified in theory, but entail in practice the loss of that witness.
I ask permission, therefore, to give you a very brief explanation so that the Tribunal will understand why we lose those witnesses. You, Mr. President, have said that the witnesses can be heard before this Commission. These witnesses cannot be heard before the Commission because the number...