In order to judge the reliability of the statements by the witness Gisevius before this Tribunal, I must refer to the book submitted by the witness as evidence: To the Bitter End. This book is also a “statement” of the witness Gisevius.
To err is human, but when in the year 1945, after the collapse of Germany, a book appears in which facts and occurrences are presented of historical and, for those personally involved, of moral and even criminal importance, the incorrectness of which has become obvious in the meantime, then the error is unforgivable and reference to false information is no longer an excuse.
Of the many inaccuracies contained in this book I will only point out briefly the four which were established before this Tribunal through the cross-examination by Dr. Kubuschok, which refer to the Defendant Von Papen, and I beg you to take official, cognizance of it.
(1) Dr. Gisevius has asserted in his book that Von Papen did not resign notwithstanding the events of 30 June 1934. It is established that Von Papen did resign and that the public announcement was simply contemplated to be made at a later date.
(2) Dr. Gisevius asserted further that Von Papen took part in the Cabinet meeting which he describes with exact details and when the law was resolved that the measures taken on 30 June 1934 were correct in the interest of the State. Actually Von Papen has never taken part in this meeting.
(3) Dr. Gisevius asserted finally that Von Papen went to see Von Hindenburg, but had not raised a sufficient protest against the measures. Actually what happened was that the attempts of Von Papen to visit Von Hindenburg were frustrated, therefore he failed to see him.
(4) The assertion in the book of Dr. Gisevius that Von Papen took part in the meeting of the Reichstag in which the measures of 30 June were approved, must equally be labeled incorrect information.
It could not be termed an unfounded reproach if such a statement were to be described as dubious and the author as unreliable. It is difficult for me as a German defense counsel to deal calmly with this problem. The statement of Gisevius reveals the entire tragedy of the German people. It is for me a proof of the weakness and of the decadence of certain German circles, who played with the idea of revolt and high treason without any feeling for the distress of the people. They were a higher level of future ministers and generals without the backing of the large masses of our people, the working classes, as Reich Minister Severing has declared here very clearly.
Mr. Justice Jackson has used the word “resistance movement” in connection with the examination of the witness Gisevius. We have often heard during the progress of this Trial about dauntless, brave men and women, who fought for their country, and have suffered and died for it. They were our enemies. But no one who tries to judge these things impartially would deny them acknowledgment of their heroism. But where do you find this heroism in the group around Gisevius? If one has read his book To the Bitter End and has heard him here, one looks in vain for a readily self-sacrificing man. Even the late deed of a Stauffenberg lacks heroism, because it lacked the resolution of self-sacrifice. Gisevius, up to 1938—when there might still have been time to succeed in holding back the wheel of fate—always speaks about negotiations, conferences; but all these men wished the others, that is, the generals, to act. If one considers the knowledge of affairs which Gisevius had as member of the Gestapo, and all his friends had; if one takes into account the realization of the great danger hovering over the people—then the decision to take action should not have been in doubt for an instant for patriotic men, as the members of the group claimed themselves to be. But what did they do? When the leaders of the army hesitated or refused, they did not think of taking action themselves, but turned to the foreign countries.
One would have full understanding for those Germans who were treated in an outrageous manner or who had been thrown out by the Government, particularly when they had no means or ways to undertake direct action. But the Gisevius group had such means and possibilities. Men in the most influential key positions, men in the OKW, in Hitler’s closest circle, belonged to them; men who had the possibility to get close to Hitler and to his evil men behind the scenes. Not one of them mustered up courage for action when there was time. What did they do instead? They remained in office, they helped effectively so as to allow crimes such as led to this Trial to be committed.