14 Dec. 45

before the Christmas recess and to urge the ultimate issues only when they can be intelligibly argued and understood on the basis of a real record instead of on assumptions and hypothetical statements of fact.

In offering this evidence as to the organizations, therefore, we propose to stipulate as follows:

Every objection of any character to any item of the evidence offered by the United States, as against these organizations, may be deemed to be reserved and fully available to Defense Counsel at any time before the close of the United States case with the same effect as if the objection had been made when the evidence was offered. All evidence on this subject shall remain subject to a continuing power of the Tribunal, on motion of any counsel or on its own motion, to strike, unprejudiced by the absence of objection. Every question as to the effect of the evidence shall be considered open and unprejudiced be the fact it has been received without objection.

Now we recognize the adherent controversial character of the issues which may be raised concerning this branch of the case. What this evidence proves, what organizations it is sufficient to condemn, and how the Charter applies to it are questions capable of debate, which we are quite ready to argue when it can be done in orderly and intelligible fashion. We had expected to do it in final summation, but we will do it at any time suggested by the Tribunal, after there is a record on which to found the argument; and we are willing to do it either before or after the defendants take up the case. But we do suggest that, if it is done step by step as the evidence is produced and on questions of admissibility, it will be disorderly and time-consuming. Piecemeal argument will consume time by requiring counsel on both sides to recite evidence that is either in the case, or to speculate as to evidence that is not yet in, to resort to hypothetical cases, and to do it over and over again to each separate objection. It will also be disorderly because of our plan of presentation.

Questions which relate to these organizations go to the very basis of the proposal made by President Roosevelt to the Yalta Conference, agreement upon which was the basis for this proceeding. The United States would not have participated in this kind of determination of question or guilt but for this or some equivalent plan of reaching thousands of others, who, if less conspicuous, are just as guilty of these crimes as the men in the dock. Because of participation in the framing of the Charter and knowledge of the problem it was designed to reach, I shall expect to reach the legal issues involved in these questions.

The evidence, however, will be presented by the lawyers who have specialized in the search for the arrangement of evidence on