I shall deal with this fundamental topic when taking up the charges made by the Prosecution against Keitel and other defendants on the strength of the cross-examination of Dr. Gisevius, in other words, after the presentation of evidence for Keitel has been completed.
In view of the comprehensive scope of Justice Jackson’s questions and the answers given thereto by Dr. Gisevius, the testimony of Dr. Gisevius has become of tremendous importance in the case of the Defendant Keitel. Had Dr. Gisevius’ statements about Keitel been true—that is, statements made by him on the basis of information, in most instances in terms of conclusive findings—the Defendant Keitel could not have told the truth during the presentation of evidence. The importance of that fact becomes evident when it is considered that a negative opinion on truthfulness would of necessity destroy Keitel’s defense, which in its essence draws on the subjective aspect of facts as a whole. In view of this fact and the importance of the testimony of Dr. Gisevius also for other defendants, it becomes my duty to explain the contrast between Keitel’s answers and the testimony of the witness Gisevius.
Experience teaches us that dead witnesses are the best witnesses, because their purported utterances cannot be directly refuted. Evidence on the strength of information belongs to another group of statements which almost defy refutation. The testimony of Gisevius combines both possibilities, in that he bases his testimony primarily on information obtained from witnesses who are dead. Justice Jackson used Dr. Gisevius as star witness in his comprehensive attack on the Defendant Keitel. After the completion of the presentation of evidence against Keitel, he did not bring forward one individual circumstance, but an Indictment on all Counts and a general judgment, on Keitel’s answers.
The counterevidence is concerned with proving the objective incorrectness of facts based upon information obtained from certain individuals and further, with establishing proof of the unreliability of the information. I call to mind the words which the Defendant Keitel said under oath upon completion of his direct examination by me while in the witness box:
“One may hold it against me that I was wrong and made mistakes, that my attitude toward the Führer Adolf Hitler was wrong and weak, but it should not be said of me that I was a coward, that I was untruthful, and that I was disloyal.”
I sum up in condensed form the charges made against the Defendant Keitel during interrogation by the Prosecution, as follows:
(1) Keitel built an impenetrable ring round Hitler so that the latter could be told nothing.
(2) Keitel failed to pass on to Hitler reports he had received from Canaris whenever they concerned atrocities, crimes, and the like, or he gave orders to modify them.
(3) Keitel had a tremendous influence on the OKW and the Army.
(4) Keitel threatened his subordinates, when they made political statements, that he would not protect them; he even said that he would turn them over to the Gestapo.