THE PRESIDENT: Shall we break off now?
MR. JUSTICE JACKSON: Any time you say, Sir.
[The Tribunal recessed until 1400 hours.]
Afternoon Session
THE PRESIDENT: The Tribunal wish to hear from, defendants’ counsel what arrangements they have found it possible to make with reference to the apportionment of time for their speeches.
DR. NELTE: I should like first of all to point out that the defendants’ counsel, with whom the Tribunal discussed the question of final defense speeches during an earlier closed session, did not inform the other defendants’ counsel, since they were under the impression that the Tribunal would not impose any restrictions on the Defense in this respect. I personally, when I raised my objections, had no knowledge of this discussion, as my colleagues who conferred with you earlier have authorized me to explain.
On the suggestion of the Tribunal, counsel for the individual defendants have discussed the decision announced in the session of 13 June 1946, and I am now submitting to the Tribunal the outcome of the discussion; in doing so, however, I shall have to make certain qualifications, since some of my colleagues are either not present or differ in their opinion on the apportionment of time.
The defendants’ counsel are of the opinion that only the conscientious judgment of each counsel can determine the form and length of the final defense pleas in this unusual Trial, notwithstanding the generally recognized right of the Tribunal, as part of its responsibility for guiding the proceedings, to prevent a possible misuse of the freedom of speech. They also believe that, in view of this fundamental consideration and in view of the usual practice of international courts, the Tribunal will understand and approve that the defendants’ counsel voice their objection to a preventive restriction of the freedom of speech, for a misuse on their part must not simply be taken as a foregone conclusion. This fundamental attitude is, of course, in accord with the readiness of the Defense to comply with the directives and the wishes of the Tribunal as far as is reconcilable with a proper conception of the defense in each case. Under this aspect the individual defendants’ counsel have been asked to make their own estimates of the probable duration of their final pleas. The result of these estimates shows that, despite the limitations counsel have imposed upon themselves, and with due respect to the wishes of the High Tribunal, a total duration of approximately 20 full days in court is required by the Defense.
THE PRESIDENT: Dr. Nelte, the Tribunal asked Defense Counsel for an apportionment of the 14 days between them.