The note further states:
“The Minister of Justice differs only in two points from the suggestions of the Fuehrer’s deputy.”
It then states that the Fuehrer’s deputy considered it more appropriate to authorize the Reich governors to introduce the special criminal law, whereas the Minister of Justice provides for its introduction by a Reich decree. The second difference of opinion was somewhat to the credit of the defendant Schlegelberger. The Fuehrer’s deputy considered the introduction of corporal punishment appropriate, and the Minister of Justice refused to agree.
On 3 August 1942 the Reich Minister of Justice sent a draft of the proposed ordinance to a number of high officials, including the Reich Minister of Interior and the Reich Minister for Popular Enlightenment and Propaganda. The letter was signed “By order: Freisler.” Freisler was at that time State Secretary in the Reich Ministry of Justice. The letter contained this significant statement:
“I have emphasized the importance in war of this ordinance because it indirectly serves national defense.”
The enclosed draft provided that Jews should not be entitled to make use of the right of appeal, revision, or complaint against decisions in criminal cases, and could not appeal to the courts for a decision against sentences inflicted by the police. It also provided that in cases where an appeal had already been filed it should be considered cancelled.
On 13 August 1942 the Reich Minister of Interior wrote to the Reich Minister of Justice, requesting that the draft be extended so as to restrict the right of Jews to appeal in administrative as well as criminal cases. On the same day the defendant Schlegelberger wrote to the Reich Minister for Popular Enlightenment and Propaganda concerning the addition to the draft as suggested by the Reich Minister of the Interior. We quote:
“I declare that I have no objections against an extension of my draft to matters of administrative law and to decisions by administrative authorities.”
He then suggested an additional provision to the effect that Jews should be forbidden to testify on oath, but that they might be prosecuted as for perjury though no oath is to be taken.
On 8 March 1943 the Chief of the Security Police and the SD, Kaltenbrunner,[660] wrote to Minister of the Interior Frick urging immediate passage of the proposed ordinance. The following reasons were given: