LEGAL PRINCIPLES IGNORED
Should anyone be misled into believing that the extermination of the Jews was "proved" at Nuremberg by "evidence", he should consider the nature of the Trials themselves, based as they were on a total disregard of sound legal principles of any kind. The accusers acted as prosecutors, judges and executioners; "guilt" was assumed from the outset. (Among the judges, of course, were the Russians, whose numberless crimes included the massacre of 15,000 Polish officers, a proportion of whose bodies were discovered by the Germans at Katyn Forest, near Smolensk. The Soviet Prosecutor attempted to blame this slaughter on the German defendants). At Nuremberg, ex post facto legislation was created, whereby men were tried for "crimes" which were only declared crimes after they had been allegedly committed. Hitherto it had been the most basic legal principle that a person could only be convicted for infringing a law that was in force at the time of the infringement. "Nulla Poena Sine Lege." The Rules of Evidence, developed by British jurisprudence over the centuries in order to arrive at the truth of a charge with as much certainty as possible, were entirely disregarded at Nuremberg. It was decreed that "the Tribunal should not be bound by technical rules of evidence" but could admit "any evidence which it deemed to have probative value," that is, would support a conviction. In practise, this meant the admittance of hearsay evidence and documents, which in a normal judicial trial are always rejected as untrustworthy. That such evidence was allowed is of profound significance, because it was one of the principal methods by which the extermination legend was fabricated through fraudulent "written affidavits". Although only 240 witnesses were called in the course of the Trials, no less than 300,000 of these "written affidavits" were accepted by the Court as supporting the charges, without this evidence being heard under oath. Under these circumstances, any Jewish deportee or camp inmate could make any revengeful allegation that he pleased. Most incredible of all, perhaps, was the fact that defence lawyers at Nuremberg were not permitted to cross-examine prosecution witnesses. A somewhat similar situation prevailed at the trial of Adolf Eichmann, when it was announced that Eichmann's defence lawyer could be cancelled at any time "if an intolerable situation should arise," which presumably meant if his lawyer started to prove his innocence. The real background of the Nuremberg Trials was exposed by the American judge, Justice Wenersturm, President of one of Tribunals. He was so disgusted by the proceedings that he resigned his appointment and flew home to America, leaving behind a statement to the Chicago Tribune which ennumerated point by point his objections to the Trials (cf Mark Lautern, Das Letzte Wort über Nürnberg, p. 56). Points 3 -8 are as follows: 3. The members of the department of the Public Prosecutor, instead of trying to formulate and reach a new guiding legal principle, were moved only by personal ambition and revenge. 4. The prosecution did its utmost in every way possible to prevent the defence preparing its case and to make it impossible for it to furnish evidence. 5. The prosecution, led by General Taylor, did everything in its power to prevent the unanimous decision of the Military Court being carried out i.e. to ask Washington to furnish and make available to the court further documentary evidence in the possession of the American Government. 6. Ninety per cent of the Nuremberg Court consisted of biased persons who, either on political or racial grounds, furthered the prosecution's case. 7. The prosecution obviously knew how to fill all the administrative posts of the Military Court with "Americans" whose naturalisation certificates were very new indeed, and who, whether in the administrative service or by their translations etc., created an atmposhere hostile to the accused persons. 8. The real aim of the Nuremberg Trials was to show the Germans the crimes of their Führer, and this aim was at the same time the pretext on which the trials were ordered . . . Had I known seven months earlier what was happening at Nuremberg, I would never have gone there. Concerning Point 6, that ninety per cent of the Nuremberg Court consisted of people biased on racial or political grounds, this was a fact confirmed by others present. According to Earl Carrol, an American lawyer, sixty per cent of the staff of the Public Prosecutor's Office were German Jews who had left Germany after the promulgation of Hitler's Race Laws. He observed that not even ten per cent of the Americans employed at the Nuremberg courts were actually Americans by birth. The chief of the Public Prosecutor's Office, who worked behind General Taylor, was Robert M. Kempner, a German-Jewish emigrant. He was assisted by Morris Amchan. Mark Lautern, who observed the Trials, writes in his book: "They have all arrived: the Solomons, the Schlossbergers and the Rabinovitches, members of the Public Prosecutor's staff . . ." (ibid. p. 68). It is obvious from these facts that the fundamental legal principle: that no man can sit in judgement on his own case, was abandoned altogether. Moreover, the majority of witnesses were also Jews. According to Prof. Maurice Bardeche, who was also an observer at the Trials, the only concern of these witnesses was not to show their hatred too openly, and to try and give an impression of objectivity (Nuremberg ou la Terre Promise, Paris, 1948, p. 149).