The public prosecutor must be given an opportunity to state his opinion, should the court decide on making an exception to his motion in re.
[Initial] Fr [Freisler] 16 December
[Initial] Sch [Schaefer] 16 December
[Entire document handwritten]
Secret
1. Note. I had an oral discussion in this matter on 19 December, and on 24 December I had a discussion by telephone with Ministerialdirektor Lehmann. He told me, that the High Command of the Armed Forces had, in principle, agreed to the draft submitted to it with regard to the executive order but that, nevertheless, it would give a reply in writing. The question has not been decided whether the High Command of the Armed Forces within its jurisdiction, will give the right to handle the case to the higher military court or the military courts. There is also the necessity of settling some other questions which presumably will be attempted in a conference of delegates in the beginning of January. It would be advisable for the Reich Ministry of Justice to await further information from the High Command of the Armed Forces. Transfers of the cases to courts should not be expected before the second half of January.
Experts in charge of this matter with the High Command of the Armed Forces are—
- Senior Military Court Counsellor Huelle,
- Military Court Counsellor Schoelz,
- Ministerialrat Sack.
Furthermore with the counterintelligence office of Colonel Bentivegni, Chief of Counterintelligence III.