Affidavit of Suchomel. This witness erroneously places the date of the conference in the 2d half of the year 1942. That means some time after the stoppage. (NO-2253, Pros. Ex. 557.)
Letter of 15 July 1940 of the General Prosecutor of Stuttgart to the Reich Ministry of Justice containing a report concerning illegal euthanasia. The following remark is made on the letter by the department chief of the Reich Ministry of Justice: “There is nothing to be ordered.” (NO-156, Karl Brandt Ex. 4.)
Schlaich to the Reich Ministry of Justice on 6 September 1940—Nothing has been attempted. (NO-520, Pros. Ex. 374.)
Testimony of Schmidt. The witness states that during a conference of jurists in Berlin 1941 the action was declared legal. This refers to the conference mentioned above, as it was mentioned in Document Brack 36, Brack Exhibit 36. (Tr. p. 1852.)
Preliminary Conference. Karl Brandt did not take part in the preliminary conference.
Testimony of Karl Brandt. According to this, Karl Brandt was invited unexpectedly, because he was available as an attendant-physician, when the conference with Bouhler took place. He was uninformed before this. Preliminary conferences concerning euthanasia took place between Hitler and Bouhler, Hitler and Conti.
Testimony of Lammers. According to this, during a conference in the autumn of 1939 in the presence of Lammers, a commission was given to Conti to start euthanasia. (Tr. p. 2668.)
Testimony of Lammers. According to this, Bouhler declared that Hitler wanted to give him the commission to carry out euthanasia. (Tr. p. 2669.)
Testimony of Brack. According to this a rivalry existed between Bouhler and Frick, Conti and Bormann, concerning the commission. Bouhler went to Hitler and said he would consent to accept the commission. Bouhler received the commission. (Tr. p. 7556.)
Particular responsibility and participation of Karl Brandt. According to the existing conditions of constitutional law, the decree of 1 September 1939 was to be looked upon as a legal order, and Karl Brandt, in his capacity as a physician, could rely on the organizations of the state and the opinions of the jurists.