14 Dec. 45

THE PRESIDENT: What you have just stated is a general objection to the procedure which has been adopted up to now and has nothing to do with the procedure which has been suggested by Mr. Justice Jackson with reference to these criminal organizations. His suggestion was that argument on the law of the criminal issue or the criminal nature of these organizations should be postponed until the evidence was put in and that the right of Counsel for the Defense should be to make objection at any stage or, rather, to defer their objections until the evidence had been put in; and it was hoped that the evidence would be completed or nearly completed by the Christmas recess. What you say about the general procedure may be considered by the Tribunal.

So far as the particular question is concerned, namely, the question of the procedure suggested by Mr. Justice Jackson, have you any objection to that?

HERR BÖHM: I have objections to this procedure only — and in this respect I reserve for myself all rights, for the sake of the great number of people I represent — if it handicaps or hinders me in any way in representing the interests of my many clients.

THE PRESIDENT: We are aware of that fact, but that does not seem to be material to the question whether the legal argument should be deferred until after the evidence is presented. The fact that you have millions of people to represent has nothing to do with the question whether the legal argument shall take place before, or in the middle of, or at the end of the presentation of the evidence. What I am asking you is: Have you any objection to the legal argument taking place at the end of the presentation of the evidence?

HERR BÖHM: I have no objection to these suggestions if they do not impair my defense in any way.

THE PRESIDENT: The Tribunal will now adjourn.

[The Tribunal adjourned until 17 December 1945 at 1000 hours.]