[286] This section of the document discusses the interpretation of the “Decree against Public Enemies,” 5 September 1939, reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 188.
[287] This announcement was taken from “Ordinances, Regulations, Directives,” 1942, (vol. II, p. 377 ff.), issued by the Nazi Party Chancellery and published by the Central Publishing Office of the NSDAP, Frz. Eher Successor, G.m.b.H., Munich.
[288] The technical German term for this type of letter was “Lenkungsbrief” (“guidance letter” or “directing letter”). They differed from the “Judges’ Letters” of Thierack insofar as they were not circulated generally but rather addressed to specific courts. See the extracts from the testimony of defendant Klemm reproduced later in this section for discussion of these letters.
[289] A list of 28 more cases follows.
[290] This is the abbreviated designation for the “Decree concerning special criminal law in time of war and special emergency,” signed on 17 August 1938 but not promulgated until 26 August 1939. The pertinent provisions of article 5 of this law, which define the crime of “undermining the German military efficiency” are reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 184.
[291] Further extracts from the testimony of defendant Klemm are reproduced in sections V C 1 a, V C 3 d, V D 2, and V F.
[292] Klemm and his counsel divided Klemm’s direct examination principally into four phases of activity during the Hitler regime. Klemm testified that the first phase included two different assignments. From 1933 until March 1935, he was personal Referent and adjutant to Thierack who was at that time, Minister of Justice for Saxony. From March 1935 until he was conscripted as a soldier, Klemm testified that he was an official in Department III (later Department IV) of the Reich Ministry of Justice in Berlin. He testified that here he reached the rank of ministerial counsellor and acted as liaison officer between the Ministry and the supreme leadership of the SA (Storm Troops) of the Nazi Party. The second phase, Klemm testified, was an assignment on the staff of the German civilian administration in the Netherlands from July 1940 to March 1941, where he introduced German penal administration for German citizens in Holland and acted as liaison between Reich Commissioner Seyss-Inquart and the Dutch administration of justice. Klemm testified that the third phase was from 17 March 1941 to January 1944. During this period he was on the staff of the deputy of the Fuehrer (Rudolf Hess, until Hess flew to Scotland on 10 May 1941) and then on the staff of the Party Chancellery (which was created with Martin Bormann as its chief after Hess’ flight to England). Here Klemm was the chief of Group III-C, administration of justice, of the Party Chancellery. (See Klemm’s testimony reproduced in section V D 2.) Klemm testified that the fourth and last phase began when in January 1944, Thierack, at that time Reich Minister of Justice, had him appointed Under Secretary in the Reich Ministry of Justice as successor to defendant Rothenberger. (See the extracts from the testimony of defendant Rothenberger reproduced in section V C 3 a.) In 1944 and early 1945, Klemm resided in Thierack’s house in Berlin.
[293] This is a Judge’s Letter, issued for March and April 1944. It was entitled “Plunderers and public enemies during air raids,” and contains 26 case histories with comments by the Reich Minister of Justice. It is not reproduced herein.
[294] Guidance letters of 5 July 1944 and of 1 March 1945 reproduced earlier in this section.
[295] Mr. LaFollette, Deputy Chief Counsel, stated the following concerning the prosecution’s purpose in offering this document in evidence: “I briefly stated this morning with reference to the other brief [Judges’ Letters] and to this brief [Lawyers’ Letter] that the prosecution offers them as evidence for the purpose of showing that there was a direct controlled judiciary and bar. We are not offering these documents as evidence of any particular act contained therein, but since we offer them, we are to some extent bound by them and our purpose of offering them is to prove there was a connection” (Tr. p. 412). Mr. LaFollette also stated that this was the only Lawyers’ Letter known to the prosecution.