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Nazi War Crimes, US Intelligence and Selective Prosecution at Nuremberg
Controversies regarding the role of the Office of Strategic Services

 by Michael Salter (Routledge-Cavendish 2007)
ISBN–13: 978–1–904385–81–3 (hardback)

Nazi War Crimes, US Intelligence and Selective Prosecution at Nuremberg provides a balanced but critical discussion of the contribution of American intelligence officials to the Nuremberg war crimes trials process. It discusses the role of such officials in mobilising the unique resources of a modern intelligence agency in order to provide a range of important trial evidence and undertake controversial plea-bargaining negotiations. The book also reviews recently declassified US intelligence documents to provide new details of how senior Nazi war criminals, such as SS-General Karl Wolff, were provided with effective immunity deals, partly as a reward for their wartime cooperation with US intelligence officials, including Allen Dulles, former CIA Director. This historical case study suggests that both war crimes prosecutors and intelligence officials can engage in mutually beneficial collaborations. The proviso, Michael Salter argues, is that both sides need to recognise and appreciate the problems that may arise from the fact that these institutitions are required to operate according to different, and in some cases contradictory, agendas.
Michael Salter is Professor of Law at Lancashire Law School, UK.

Summary:
I have always viewed the Nuremberg (Nürnberg, Nurnberg) War Crimes Trials as an example of  the "Victors wreaking Vengeance upon the Vanquished". They highlighted the atrocities of the Germans, but ignored the atrocities committed by the "Allies" -- British, American, Soviet. They condemned torture utilized by the Germans, but were silent about the torture used to obtain "confessions" from accused Germans. They decried the genocidal German policies directed against Jews, Poles, Ukrainians and other "inferior" ethnic groups, but condoned the genocidal ethnic cleansing of Germans, Poles, Ukrainians, Tatars and other "traitorous" ethnic groups occurring at the very time that these Trials were being held. In my opinion, the Nuremberg Trial process was just a continuation of the Stalinist Show Trials of the 1930s, where all the accused "confessed"  to being "enemies of the people".

Michael Salter is an apologist for the Nuremberg Trial process. Recently declassified US intelligence documents have given him an excuse to write another book on the subject, in which he quotes extensively from these documents and the Holocaust literature. He decries the "highly partisan and one-sided critiques directed against the OSS by various ‘revisionist’ accounts of the Nuremberg trial", which he cites as evidence of "Holocaust denial", but does not reference these critiques or name the authors.

Nevertheless, this lengthy book does contain a vast amount of interesting and useful information. The first five chapters are devoted to the legal immunity for three high-ranking Nazi officials (Wolff, Dollmann and Zimmer) extended by Allen Dulles and William Donovan of the OSS for their participation in Operation Sunrise, which effectively led to the capitulation of the German forces in Northern Italy.

Chapter 6 describes the production and showing of the "Nazi Concentration Camps" film, which caused a world sensation and had a devastating effect on the defendants. This was obviously a Hollywood production par excellence that has been subjected to increasing criticism in recent years.

Chapter 7 describes the work of Walter Rothschild, Franz Neumann and other OSS personnel, who started gathering evidence of German atrocities long before the end of WWII. (Many of these "researchers" were of Jewish origin, who were particularly sensitive to the anti-Jewish policies of Hitler. The Jewish underground was very adept in providing such evidence -- whether real or manufactured -- to these investigators.) The R-Series of documents that they compiled contains many references to the genocidal policies of the Germans towards the Slav population in Eastern Europe.  Reproduced below are several excerpts of particular relevance to Ukraine, Poland and Eastern Europe, in general.

Chapter 8 describes in great detail  the growing estrangement between Judge Robert Jackson (who wanted to run the trial on documentary evidence) and OSS head William Donovan (who favoured the use of eyewitness testimony). Donovan agreed with his expert German consultant and a member of his personal staff, Fabian von Schlabrendorff", who criticized the trial process because 1) It used retrospective law, 2) The indictment was based on Anglo-Saxon trial law, 3) The accusations dealt exclusively with offenses against Allied citizens, 4) The accusers were also the judges [p430]. It is the height of irony that the person, who was responsible for providing the most evidence against the accused defendants, ended up condemning the Nuremberg Trial process.

Below, we have either summarized the content of the material or reproduced excerpts from the book in "quotation marks". Personal remarks are encompassed in square brackets in the colour fuchsia.

Will Zuzak; 2013.10.12
[W.Z. 2013.11.14: Thanks to J.S., I am adding a link to a 1995 article by Theodore O'Keefe on the liberation of the German concentration camps by American troops at the end of WWII.]
[W.Z. 2013.12.21: Thanks to W.K., I am adding a link to a 19Jul2013 article by Henry Makow titled Victor Rothschild was a "Soviet" Agent. One wonders if there was a connection between Victor Rothschild and Walter Rothschild referred to in Salter's book.]

Contents
1. Introducing the rationale, aims and methodology 1
Introduction 1
Conclusion 10

2. Evidence of the war criminality of the Wolff group 11
Introduction 12
Relevant offences 14
Evidence of the Wolff group’s involvement in Nazi war crimes 23
Medical experimentation 30
Funding concentration camps 31
The persecution and extermination of European Jews 32
Italian anti-partisan warfare 33
Wolff’s institutional position 35
Wolff’s defensive claims in the light of the Nuremberg evidence 37
The complicities of Guido Zimmer 54
The complicities of Eugen Dollmann 63
Dollmann’s decision to join the Nazi Party and the SS 65
Dollmann’s activities as a translator and diplomatic emissary 67
Potential defence argument 1: an accidental Nazi? 70
Potential defence argument 2: Dollmann as a saboteur? 72
Potential defence argument 3: Dollmann’s lack of knowledge of SS war criminality? 75
Potential defence argument 4: his lack of any policy-making role 76
Potential defence argument 5: lack of involvement in the unlawful activities of the SS 77
Potential defence argument 6: Dollmann’s humanitarian interventions 80
Problems with these defence arguments 81
Conclusion 84

3. The geo-political context of the peace negotiations surrounding the OSS’s Operation Sunrise 89
Introduction 89
Introducing specific contexts shaping Dulles’ wartime role regarding SS peace feelers 1944–45 92
Negotiating the conditions of an ‘unconditional’ surrender 96
Conclusion 108

4. Intervening on behalf of Karl Wolff 109
Introduction 109
Dulles’ interventions on behalf of Wolff with respect to the International Military Tribunal at Nuremberg 121
Intervening to protect Wolff from the second round of the Nuremberg trials 131
Wolff’s escape from prosecution by the British authorities 135
The ‘Old Lace’ de-Nazification trials 146
1962–64: Wolff’s arrest and German trials 166
Conclusion 176

5. Protecting the wider Sunrise group: Zimmer, Dollmann and Wenner 179
Introduction 179
Zimmer’s post-war recruitment and deployment as a US intelligence asset 180
Dollmann’s post-war detention, recruitment and deployment as a US intelligence asset 184
The internal controversy regarding the ‘privileged treatment’ of the Wolff group 202
Questions of legal immunity in the light of Dollmann’s CIA Name File 215
Intervening to ensure protection 220
The internal controversy concerning Dollmann’s protection 223
Conclusion 243

6. The contribution of OSS officials to the prosecution of Nazi war crimes 246
Designing the courtroom as a stage for a media event 253
Facilitating media coverage: controversies and logistical support 255
Organisational charts 257
Providing documentary and eye-witness evidence 258
Producing the Nazi Concentration Camps film 260
The immediate impact of screening the atrocity film 269

7. Gathering and analysing the materials that became the R-Series of Nuremberg trial evidence 277
Waging aggressive war and crimes committed against prisoners of war 288
Rothschild’s work in gathering and organising the R-Series evidence 298
Conclusion 306

8. General Donovan’s contribution to the Nuremberg trials 307
Introduction 307
Donovan’s attempts to secure a leading role for the OSS 309
The courting and honeymoon phases 320
Recruiting Donovan’s OSS personnel 332
The flow of OSS staff and support 338
Providing evidence from Dulles’ OSS contacts within the German opposition 346
Donovan’s assistance with the geo-politics of international negotiations 351
Donovan’s assistance with American organisations 362
The provision of documentation 366
Other forms of support provided by Donovan 367
Donovan’s long-range interventions: July-September 1945 369
The honeymoon ends in desertion: Donovan departs and plays away 374
The irretrievable breakdown 376
Excluding Donovan and the OSS lawyers from the economic case 381
Prosecuting the German General Staff and the High Command 393
The merits of witness or documentary evidence 398
Donovan’s plea-bargaining proposals for Schacht and Göring 410
Informal contacts with Leverkühn and Lahousen 424
An acrimonious divorce 428
Was either leader proved right? 439
Conclusion 444

Summation: taking stock 445
Bibliography 448
Appendix: Abbreviations 452
Index 453


Ch 1. Introducing the rationale, aims and methodology (p1; 12 of 469)
- "Intelligence work is by definition illegal. If it is very effective intelligence work, it is very illegal.
(David Whipple, former OSS official, who worked under Allen Dulles in wartime Bern)

- The "wartime Office of Strategic Services (‘OSS’, 1942–45, precursor to the CIA, 1947–) ... had various sub-divisions, ranging from the scholarly Research and Analysis Branch (R&A) through to the espionage work and guerrilla warfare operations of the Secret Intelligence (SI) and Special Operations Branches (SO) respectively; it also included Foreign Nationalities, Visual Presentation and Field Photographic Branches. The OSS was formally dissolved at the end of September 1945, but nearly all of its 130-plus war crimes staff remained at Nuremberg as employees of a re-branded organisation: the Strategic Services Unit (SSU) attached to the US War Department."

- The OSS activities and preparations for war crimes trials "only began in earnest from November 1943. Nevertheless, it remained the case that, at the end of the war in May 1945, this organisation had still made greater progress with trial preparations than any other American or British government agency, including the legal departments of the Allied armies, or the understaffed United Nations War Crimes Commission." ...  The "American Army’s Counter Intelligence Corps (CIC) were also deployed, albeit largely in the far narrower role of hunting down middle and lower level war crimes suspects."

- Salter lists 10 assumptions that he utilizes in interpreting the empirical facts to present a coherent and logical explanation of events.

- "... the present work also addresses a cluster of issues, possibilities and dilemmas regarding the selective granting of legal immunity that resonate at least as strongly today as they did during the time in which they originally took place." ... "One part focuses on the extent to which Karl Wolff, former Chief of Himmler’s Personal Staff and joint second highest official within the entire SS, was able to avoid legal accountability within the Nuremberg process for a range of war crimes, partly as a direct result of his wartime cooperation with a US intelligence agency."

- "The Nuremberg programme began within weeks of the end of the Second World War, that is, in early May 1945. It was prompted largely by the appointment of Justice Jackson, a former Supreme Court Judge, as chief of the dominant American prosecution organisation, the Office of the Chief of Counsel (OCC). The charges contained in the extensive indictment ... were presented to the defendants on 25 October 1945."

- "The trials themselves opened on 20 November 1945 and lasted for over ten months. The lawyers’ final presentation of evidence before the International Military Tribunal (IMT), which was comprised of eight judges, two each from France, America, Britain and the Soviet Union, occurred on 31 August 1946."

- "In addition to charges against [22] specific individuals, six ‘criminal organisations’ were also prosecuted at Nuremberg: the Nazi Party, the SS (Internal Security Police), the Gestapo (political police which pre-existed the Nazis but was later subsumed into a sub-section of the SS after 1933), the SD (SS’s overseas political intelligence agency), Hitler’s Cabinet, the paramilitary SA (or ‘brown shirts’) and the Military High Commands (OKW). Ultimately, only three individual defendants were acquitted, Fritzsche, Schacht and von Papen, whilst of the organisational defendants, the High Command, Hitler’s Cabinet and the SA were found not guilty."

- "In order to discuss the OSS-Nuremberg trials relationship, this book focuses extensively upon the controversial work of Allen Dulles, who headed the OSS Bern Field Office between 1942 and 1945, and, to a lesser extent, Franz Neumann."

Ch 2. Evidence of the war criminality of the Wolff group (p11; 22 of 469)
- "involvement of US intelligence within the Nuremberg war crimes process ... policy of the OSS and other branches of US intelligence (such as the US Army’s Counter Intelligence Corps) selectively to promise immunity for war crimes ... the non-prosecution of the Karl Wolff group of senior SS officials, OSS/CIA officials effectively honoured such promises by making a series of interventions within the Nuremberg and related trial processes."

- "Dulles was a former senior US wartime intelligence official with the OSS, based in Berne, Switzerland (1942–45), and subsequent Director of the CIA (1953–61). In March and April 1945, Dulles negotiated the early surrender of German and Axis forces in North Italy with Wolff, a mission codenamed ‘Operation Sunrise’ by American intelligence, and ‘Operation Crossword’ by Winston Churchill (as it remained a continuing puzzle for him)."

- "Dulles, OSS and US intelligence officials have been subjected to severe criticisms with respect to their interventions within aspects of the Nuremberg and related Allied war crimes trials and de-Nazification processes."

Relevant offences (p14; 25 of 469)
- In this section, Salter outlines the the relevant provisions of the Nuremberg Charter, which served as the basis of declaring the SS and its constituent parts as criminal organisations:
- "In dealing with the SS the Tribunal includes all persons who had been officially accepted as members of the SS including the members of the SS-Verbände, members of the Waffen-SS, members of the SS-Totenkopfverbände and the members of any of the different police forces who were members of the SS"
Thus, all persons who were members of these entities were automatically presumed guilty, such that the onus was on accused person to 'prove his innocence' rather than on the prosecution to 'prove his guilt'. Nevertheless, there was sufficient ambiguity as to intent, knowledge of criminal acts, coercion into membership, etc. to provide a legal defense of Wolff, Dolman and Zimmer.

Evidence of the Wolff group’s involvement in Nazi war crimes (p23; 34 of 469)
- "Wolff was included amongst a small group of 24 potential defendants on whom Dr Kempner, JAGD-WCO, prepared a dossier of ‘evidence or definite leads’ for Justice Jackson, the majority of whom were in fact later named as defendants."
[W.Z. Note that Dr Kempner later criminally absconded with the Rosenberg Diary, which was only "recovered" in June 2013.]

- "Following the suicide of Hitler and Himmler, he [Wolff] was the highest-ranking Nazi official to survive the war, and clearly outranked the majority of the defendants tried before the first International Trials at Nuremberg."
- "Between 1945 and 1948, the Nuremberg prosecutors gathered three folders of evidence relevant to Wolff’s administrative involvement in war crimes, including the extermination of European Jewry."
- "Waffen-SS Major General Wolff, Himmler’s former Chief of Staff (1936–43) and Highest SS Police and SS leader for Northern Italy (1943–45), was vulnerable to being successfully prosecuted for ‘crimes against humanity’ under Article Six of the Nuremberg Charter of August 1945."

[W.Z. Amongst the 9 pieces of evidence of Wolff's criminality not considered in Salter's book, which is relevant to Ukraine, is:
- "A letter personally dictated by Wolff advising Himmler of a forthcoming meeting discussing the resettlement of ethnic Germans into the German occupied Crimean region in which Wolff notes in passing and without comment that the indigenous population would be subject to detention and ‘liquidation by action squads’."
This is similar to German actions in establishing Hegewald -- a German colony near Zhytomyr, Ukraine.]

Medical experimentation (p30; 41 of 469)
- "illegal and often fatal medical experiments on human subjects within Dachau concentration camp."

Funding concentration camps (p31; 42 of 469)
- "the exploitation of slave labour. Wolff had organised and participated in Himmler’s ‘circle of friends’, comprising leading industrialists, financiers and bankers, including representatives from Siemens, AEG, IG Farben, Portland-Zement and Deutsche Bank."

The persecution and extermination of European Jews (p32; 43 of 469)
- "it is clear that Wolff personally witnessed mass killings of Jews at Minsk by his SS subordinates."

Italian anti-partisan warfare (p33; 44 of 469)
- "war crimes committed against civilians by his subordinates during anti-partisan operations. These including reprisal killings of approximately 9,200 Italian women and children."
[W.Z. The number of reprisal killings in Ukraine was orders of magnitude greater.]

Wolff ’s institutional position (p35; 46 of 469)
Salter discusses Wolff's relationship with the Reichssicherheits-Hauptamt (RSHA) and other German organisations.

Wolff ’s defensive claims in the light of the Nuremberg evidence (p37; 48 of 469)
[W.Z. Salter devotes 17 pages, to prove that Wolff was involved in the extermination of Jews, but ignores his involvement in the extermination of "others". He also quotes extensively from books previously published by Holocaust researchers.]

- "At least during January and February 1943, SS-Oberstgruppenführer Daluege (Chief of the Order Police (ORPO), whose forces committed mass killings of Jews within occupied Europe) reported directly to Wolff."
- "Daluege’s report indicated that the SS had recruited large number of indigenous groups, including Ukrainians, Baltic and White Russians, to assist in ‘special operations’ ... ‘cleaning up and clearing of isolated enemy units, combating criminal -- especially political elements’. Such activities, which appeared to link the extermination of civilians during ‘special actions’ with anti-partisan warfare ... resulted in the killing of 30,000 ‘bandits’ in battle and making 4,000 arrests, of which 3,000 were later executed as ‘saboteurs and assistants to partisans’. ... The report finished by providing details of the support the Order Police had provided for the genocidal ‘Germanisation’ of occupied eastern territories, including the ‘the resettlement of Ukranian [sic] Ethnic Germans’."
[W.Z. The above excerpts suggest that the majority of the casualties were ethnic Ukrainians and Belarusians.]

- "This incriminating exchange would never have entered into the Nuremberg evidence had it not been for Ganzenmüller’s bureaucratic thoroughness in confirming, in precise written form, the details of this telephone conversation. When transportations from Warsaw and its surrounding district ended in early October 1943, Fischer, the district governor, reported that a total of 400,000 Jews had been deported."
- "The Nuremberg prosecutors were fully aware of the fate of the Jews transported to Treblinka at this period. Rudolph Höss had described this graphically:
Q. What did you see there [in Treblinka]?
A. At that time the action in connection with the Warsaw Ghetto was in progress, and I watched the procedure."
... etc. ...

[W.Z. The Warsaw Ghetto uprising was from 19Apr1943 to 16May1943 and the uprising in Treblinka presumably took place on 02Aug1943 after which Treblinka was closed. The 5 Jewish Nazi collaborators who falsely accused John Demjanjuk of being Ivan the Terrible at the 1987 Jerusalem Show Trial testified that there were few trains arriving in 1943. Was Albert Ganzenmüller "encouraged" or "enticed" by Nuremberg prosecutors to recall "in precise written form, the details of this telephone conversation"? The Red Cross reported that the testicles of 95% of the German prisoners "interrogated" during the Nuremberg process were "inoperable". Researchers now admit that torture was used to elicit "confessions" from most of the accused prisoners. This is especially true for Rudolph Höss. It is highly unlikely that Karl Wolff, Eugen Dollmann and Guido Zimmer were tortured, because of their collaboration with U.S. Intelligence and the Nuremberg prosecution. In which category does Albert Ganzenmüller fall? Nevertheless, it is obvious that the statements and testimony of Wolff,  Höss, Ganzenmüller and the other accused prisoners cannot be taken at face value.]

The complicities of Guido Zimmer (p54; 65 of 469)
- "From 1940 to 1945, Zimmer worked for the political intelligence division (SD) of Himmler’s SS. Following his relocation to Italy in early 1944, Zimmer worked within the Abt. 6, a political intelligence department of the SS’s Milan office immediately under Rauff, who had headed this office since September 1943."

- "(Kappler was later prosecuted for being directly involved in the Ardeatine Caves massacre of 335 Italian civilians in Rome (including 75 Jews) on 24 March 1944, none of whom were involved in the earlier ambush of German forces.) This atrocity was ordered as a reprisal for a successful partisan attack that killed 33 South Tyrolean police (Polizeirregiment Bozen), soldiers and Italian bystanders."
- "Ref. 143: Kappler was later prosecuted and convicted because the SS killed not 330 hostages (in keeping with the state ratio of 1 to 10) but 335. The reprisal killing of these five extra people took the matter beyond any recognised defence in military law."

[W.Z. The concept of "reprisal killing" of innocent civilians for the actions of one person (usually a provocateur or intelligence agent) is sickening. (That Salter does not even denounce this common practice by both German and "Allied" military forces is also sickening.) In Ukraine, this 10 to 1 ratio was increased to 20 to 1 in Western Ukraine and even 50 to 1 in Eastern Ukraine.]

- "In addition, and perhaps as a prelude to the Sunrise deal, Zimmer had little scruples regarding ‘playing on both sides of the street’ by courting Italian partisans involved in the anti-fascist resistance."
- "It was Dulles who insisted that such contacts be made only with the Americans to the exclusion of the rival British intelligence services in Switzerland."

[W.Z. Leopold Trepper spearheaded the "Red Orchestra" Soviet spy ring in Geman-occupied Europe during WWII. In his book "The Great Game", he describes how the various intelligence agencies (German, American, British, Soviet, etc.) played games with each other. When it was clear that the Germans would lose the war after their defeat in Stalingrad in February 1943, German intelligence agents made contact with their American and British counterparts to ensure their escape and survival after the war.]

The complicities of Eugen Dollmann (p63; 74 of 469)
- "The major accusations of complicity in war criminality he faced stemmed not from Anglo-American authorities but from their Italian counterparts, and these related to the Fosse Ardeatine reprisal killings already discussed."
- "Major Bridge also told Dollmann that Kappler’s trial testimony had just exonerated him from any, even indirect, personal involvement in the Ardeatine Caves atrocity."

Dollmann’s decision to join the Nazi Party and the SS (p65; 76 of 469)
Dollmann’s activities as a translator and diplomatic emissary (p67; 78 opf 469)
- "During 1938, Dollmann rapidly became a ‘star translator’ for the German and Italian fascist regimes."

Potential defence argument 1: an accidental Nazi? (p70; 81 of 469)
Potential defence argument 2: Dollmann as a saboteur? (p72; 83 of 469)
- "They also express an ‘instinctive dread’ for Heydrich, the Gestapo chief and Himmler’s ‘evil genius’ with a Jewish grandmother, whom Dollmann believed would have had both Hitler and Himmler killed in the final year of the war had he lived to see it."
- "In his diplomatic role as Consul-General and Deputy German Ambassador to Italy, Möllhausen actively sought to limit Nazi atrocities against Roman Jews and others, and took great personal risks in opposing the orders of Himmler, Kaltenbrunner and Kappler."
- "Dollmann also played a prominent part in the later stages of Operation Sunrise by bringing Allen Dulles into contact with Wolff during March 1945, and keeping these fraught negotiations on track towards their ultimately successful conclusion in late April 1945."

Potential defence argument 3: Dollmann’s lack of knowledge of SS war criminality? (p75; 86 of 469)
Potential defence argument 4: his lack of any policy-making role (p76; 87 of 469)
Potential defence argument 5: lack of involvement in the unlawful activities of the SS (p77; 88 of 469)
- "Dulles argues that it was precisely because of his atypical role and qualities that explains why he was amongst the first to press for peace feelers with the OSS in Berne, and then to guide Wolff towards Dulles, partly through his Vatican contacts."

Potential defence argument 6: Dollmann’s humanitarian interventions (p80; 91 of 469)
- "intervene successfully on behalf of Count Calvi ... assisted Count Cini ... to have notorious Italian fascist torture chambers located in Polazzo Braschi, Regio Emilia and Villa Roncina closed down ... to preserve Rome as an open city"

Problems with these defence arguments (p81; 92 of 469)
Conclusion (p84; 95 of 469)
- "Relative to many other senior SS officials, Dollmann’s qualifications as a potential war crimes defendant were far from clear or unambiguous."
- "Hence, and bracketing out the attitude of the Italian authorities, it remains arguable that neither man merited prosecution by the Allies as mid-ranking Nazi war criminals during the subsequent hearings at Nuremberg from 1947 to 1949 or in British-led war crimes trials in Italy."

- " ... was Wolff’s non-prosecution influenced by the interventions of American intelligence and military officials, primarily Allen Dulles, involved in wartime capitulation negotiations codenamed Operation Sunrise? Was Wolff rewarded by the Nuremberg prosecutors for his conditional form of cooperation with his interrogators, which included giving trial testimony in relation to his former colleagues with the Nazi leadership, to the point where he effectively ‘worked his passage’ to freedom?"

Ch 3. The geo-political context of the peace negotiations surrounding the OSS’s Operation Sunrise (p89; 100 of 469)
Introduction
- "This undercurrent meant that these terms and conditions (and the process of negotiation through which they were proposed and modified) had to be misrepresented as something other than what they really were: clear attempts to negotiate a conditional surrender of German military and para-military forces in Northern Italy and hopefully beyond. Any fulsome interpretation of the meaning of at least some of these terms and conditions, the need for the process of negotiation to be misrepresented, and the sources of Soviet distrust all require some grasp of the geo-political context dimension."

Introducing specific contexts shaping Dulles’ wartime role regarding SS peace feelers 1944–45 (92; 103 of 469)
- "There are some indications that OSS’s James Angleton (later head of CIA counterintelligence) and Dulles were involved in securing the services of Rauff as an informant once he was released by his CIC interrogators to OSS Unit S Force, Verona."

Negotiating the conditions of an ‘unconditional’ surrender" (p96; 107 of 469)
- "In December 1944, President Roosevelt firmly rejected General Donovan’s request to be allowed to offer immunity deals to specific Nazis in return for their cooperation in separate peace deals with the Anglo-Americans."
- "Indeed, Dulles received permission to meet with Wolff’s representatives Eugen Dollmann and Guido Zimmer on 8 March 1945 only if he could do so ‘without entering [into] any negotiations or without promising any further talks’ in order to ‘secure what information’ he could."
- "As the process of ‘negotiation’ intensified during March and early April 1945, Dulles emphasised in all official communications, even those internal to the OSS, that Wolff’s proposed regional surrender would indeed appear ‘unconditional’."

- "Stalin’s vehement objections to Dulles’ secret negotiations, after he had presumably discovered details through the NKGB’s (Soviet intelligence) penetration of the OSS and its ciphers. These objections had culminated in the temporary cancellation of Sunrise."

[W.Z. In their book "Stalin's Secret Agents", Evans and Romerstein give an extensive list of OSS personnel, who were Soviet agents.]

- "Instead, the following terms and conditions emerged during the pre-surrender negotiations, each of which will now be discussed in turn:
(a) safe  passage; [Italian partisans would allow German forces to withdraw unmolested]
(b) prisoner exchange; [Wolff to release an Italian partisan leader (Feruccio Parri), two OSS and one British agent (UIsmiani, Tucker, Mullaby) plus a radio man and a priest in exchange for American release of Wuensche, relatives of Churchill and Molotov, Sogno Franci, several hundred Jews and to ensure good  treatment of British/American POWs.]
(c) the Wolff group to break with the Nazi leadership;
(d) the safeguarding of unique Italian artworks and public utilities;
(e) the Wolff group to receive privileged treatment including legal impunity [sic]."

- "In this way, Wolff agreed to betray the Nazi and Italian leadership to the Allies."

Conclusion (p108; 119 of 469)
- "In short, contrary to the requirements of the agreed policy of unconditional surrender, which meant that the Axis powers had to surrender to the Allies as
a whole, Dulles and Wolff entered into negotiations and agreed a series of mutually beneficial terms and conditions."

Ch 4. Intervening on behalf of Karl Wolff (p109; 120 of 469)
Introduction
Salter utilizes 12 pages  and 55 footnotes to discuss the various aspects of the criminality/immunity dilemma faced by Dulles and the OSS.
- "The 88th Division of US Army Military Intelligence (G2) arrested Wolff during his birthday party on 13 May 1945."

Dulles’ interventions on behalf of Wolff with respect to the International Military Tribunal at Nuremberg (p121; 132 of 469)
- "Immediately after the war, Dulles started a goodwill campaign for Wolff, stressing the services he rendered for the interests of the United States."
- "Indeed, this correspondence indicates that, between mid-1945 and 1948, Dulles had not betrayed and abandoned Wolff, as the latter apparently believed."
- The arrest of Wolff came as a particularly unwelcome surprise to OSS officials involved in Operation Sunrise."
- "It is likely that Dulles’ main source of influence was none other than former OSS leader William Donovan."
- "On 23 August 1945, Dulles sent a personal cable to Donovan pleading for Wolff to be exempted from inclusion in the first international trial at Nuremberg."
- " ... decisive meeting in London of the four chief prosecutors on 23 August 1945: ... after considerable discussion a shorter list excluding Wolff would be announced and that further names could be added later."
- "Wolff appeared in the Nuremberg trials dressed in a Waffen-SS general’s uniform only as a prosecution witness. This followed his cooperation with the interrogators and war crimes prosecutors, with some of whom he built up a cordial relationship, including Telford Taylor (who went on to head the subsequent proceedings at Nuremberg (1947–49))."

Intervening to protect Wolff from the second round of Nuremberg trials (p131; 142 of 469)
- "As late as May 1946, the question of whether Wolff merited trial before the second round of Nuremberg trials remained undecided."
- "But Karl Wolff again succeeded in wriggling off the hook, despite the fact that he was personally implicated in one way or another in almost half of the cases brought to trial in the subsequent proceedings series."
- "Acting on Wolff’s behalf, Gaevernitz (Dulles’ senior aide and personal friend) wrote a letter to former OSS-consultant Robert Kempner. Kempner [of Jewish origin] was the only German national the Americans employed as a trial counsel at Nuremberg who had stayed on to become Deputy Chief of Counsel for War Crimes at Nuremberg under Telford Taylor. Gaevernitz’s letter pleaded that Wolff had ‘rendered outstanding support at great personal risk to the success of operations “Sunrise-Crossword” ’. Kempner made enquiries on Gaevernitz’s behalf and provided helpful insider information on future plans for Wolff."
[W.Z. As noted previously, Kempner absconded with the Alfred Rosenberg Diary, which was lost to the world until it was "re-discovered" in June 2013.]

- "By November 1947, the Nuremberg prosecutors agreed to return Wolff to British custody."
- "Dulles made a positive case for giving Wolff privileged treatment as a reward for his role in Operation Sunrise. Dulles’ position was ... ultimately accepted as British policy as well."

Wolff ’s escape from prosecution by the British authorities (p135; 146 of 469)
- "Even in January 1947, there remained a clear intention to prosecute Wolff."
- "It appears that the British decision definitely not to prosecute Wolff took place sometime in the late summer and early autumn of 1947."
- "It is one thing for Wolff to be tried by American or British justice but to have him turned over to the Czechs or by them to the Russians would be unconscionable."

The ‘Old Lace’ de-Nazification trials (p146; 157 to 469)
- "The British authorities charged Wolff under Military Government Ordinance No. 69 with: ‘being or remaining a member of an organisation declared to be criminal by the Nuremberg judgement with knowledge of the criminal acts and purposes of the organisation’."
- "In this connection the Secretary of State might like to know that I received a report to the effect that Wolff’s counsel intended to take the line that negotiations with Wolff were aimed at arresting the advance of the Communist forces of the U.S.S.R. and Yugoslavia. On receiving this report I arranged for unofficial contact to be made with Wolff’s Counsel in order to advise him that if he took that line he must expect to find allied officers rebutting it and giving evidence prejudicial to Wolff’s case. Wolff’s counsel immediately accepted this advice and has given assurances that he will not take this line."

Salter has a very long discussion of affidavits in support of Wolff by Generals Lemnitzer and Airey to be changed to ensure that Roosevelt's promise to Stalin about Russian involvement in unconditional surrender negotiations not be compromised.
- "In short, and following a process of geo-politically determined amendment to trial evidence, both Lemnitzer and Airey provided favourable affidavits."
- "Wolff’s case was heard between 3 and 7 November 1948 by a de-Nazification tribunal, in this case known as ‘Old Lace’ trial, located at Bergedorf, Hamburg."
- "As it transpired, Wolff’s lawyers appear to have honoured their covert agreement not to highlight, or even mention, the distinctly anti-Soviet aspect of Operation Sunrise."
- "On 8 November 1948, the Tribunal found Wolff guilty of an organisational membership offence under Ordinance No. 69. ... five years’ imprisonment ... discounted two years from this sentence."
- "Between 31 May and 3 June 1949, Wolff appeared once again before the de-Nazification Tribunal at Bergedorf, Hamburg, in a rehearing on ‘all issues of fact and law’."
- "At this rehearing, Dulles’ senior aide Gaevernitz gave testimony in person for the defence."
- "Wolff’s already ‘very lenient’ sentence was reduced from five to four years’ imprisonment ... Wolff was released within eight days of this token ‘conviction’ on the scarcely appropriate, and in that sense, ‘reduced’ charge of membership of a criminal organisation, the SS."
- Allen Dulles: ‘Between you and me KW doesn’t realise what a lucky man he is not to be spending the rest of his days in jail, and his wisest policy would be to keep fairly quiet about the loss of a bit of underwear, etc. He might easily have lost more than his shirt.’

1962–64: Wolff ’s arrest and German trials (p166; 177of 469)
Bad publicity for Wolff at Adolf Eichman trial 1960-61, Bach-Zalewski trial in 1961 and Ulm mass murder trial.
- "On 18 January 1962, Wolff was arrested at his luxurious Munich Lakeside villa by two plain-clothes police officers. These officers were acting on instructions from the central offices in Ludwigsburg, which had been established to investigate Nazi crimes."
[W.Z. The persecutors of John Demjanjuk -- Kurt Schrimm, Thomas Walther, etc -- are associated with this Ludwigsburg creation.]

- "Between July and September 1964, Wolff was belatedly tried in Munich, this time before a regular German criminal court. He was charged for his part in the deportation and murder of Jews to the Treblinka concentration camp in 1942, reprisal killings against Italians and other crimes already discussed."
- "The West German court did not accept Wolff’s various defence arguments. On 30 September 1964, Wolff was convicted of responsibility for murdering 300,000 persons, mainly Jews, and overseeing the SS’s involvement in slave labour programmes for IG Farben and numerous other companies."
- "Wolff was sentenced to 15 years’ imprisonment combined with ten years’ loss of civil rights."

Conclusion (p176; 187 of 469)
- "When faced with this threat of extradition and almost certain conviction and execution, Wolff received sustained and highly effective support from Dulles, Gaevernitz and Lemnitzer in successfully resisting extradition and trial abroad."
- "The Soviet version was, in all likelihood, based on electronic intercepts of communications supplemented with reports from its wartime intelligence services, which had penetrated the OSS at the highest levels."
[W.Z. See Evans and Romerstein, "Stalin's Secret Agents" for list of Soviet agents in Donovan's OSS.]

Ch 5. Protecting the wider Sunrise group: Zimmer, Dollmann and Wenner (p179; 190 of 469)
Introduction
- "Rauff was head of Abt II D of the RSHA in Berlin, ‘There are indications that this Abt. was responsible for [the] operation of mobile gas execution chambers on the eastern front. Rauff was questioned in this connection.' "
[W.Z. Mobile gas vans "dushehubki" were utilized in Ukraine by the Soviet NKVD during the Great Terror of the 1930s.]

Zimmer’s post-war recruitment and deployment as a US intelligence asset (p180; 191 of 469)
- "William Casey, later to rise to become Director of the CIA under President Reagan, argued that the OSS should be willing to put aside sympathy for anti-Nazi Germans as potential agents. ... Instead, the OSS should follow ‘the old truism that it takes a thief to catch a thief’ and either recruit ‘former minor Nazi informants and stool pigeons against the party itself, [or] . . . Nazi Party members now held in the US as POW’s who may be willing to work for us after reparation’."
- "By, at the latest, the third week of September 1945, Zimmer had accepted the role of an American agent that Dulles had previously offered him in his capacity as head of OSS espionage operations within occupied Germany."

Dollmann’s post-war detention, recruitment and deployment as a US intelligence asset (184; 195 of 469)
Salter describes how Dollmann was shuffled through various camps:
- "Dollmann escaped from Rimini camp with the assistance of an NCO who had somehow ‘acquired’ -- possibly through Rauff -- a pair of wire cutters, and made his way to Milan, where he sought assistance from Cardinal Schuster, whom Dollmann had known ‘quite well’."
- "Angleton told Dollmann that they wished to use his services as part of an anti-communist operation, for which his past complicities and Italian claims concerning his involvement in war crimes were of no relevance."
- "Yet he still accepted the ‘sweetener’ of a bundle of currency, and a false identify document in the name of Alfredo Casani, stating that he was an employee of the American government."

Based on Dollmann's memoirs, Salter describes several mishaps, arrests, Angleton intervention, etc.
- "In January 1948, Dollmann moved temporarily to Venice and Milan, and then, with the help of a priest and female Italian partisan, he crossed illegally
into Lugano, Switzerland, where he lived ‘like a king’, possibly enjoying the patronage of former OSS official Donald Jones."

Sting operation of neo-Nazi group in 1950 failed -- CIA dilemma to keep him or dump him.
Dollmann attempted to sell memoirs; wrote scandalous articles on Italian monarchy and American ambassador to Italy; attempt to peddle wartime documents; Hitler/Stalin peace talks; CIA gave him 200,000 lire as "longterm investment"; CIA agent Donald Jones had sexual relations with Dollmann; in February 1952 Dollmann departed for Madrid dressed as a monk, with false passport under assumed name.
- "Dollmann was soon ‘taken under the wing of’ the ‘notorious’ Nazi commando leader Otto Skorzeny."
- "Dollmann died in Munich in 1985, some 30 years after the last recorded entry for him appears in declassified US intelligence files."

The internal controversy regarding the ‘privileged treatment’ of the Wolff group (p202; 213 of 469)
- "Ultimately, [James] Angleton was given a medal for apprehending over 1,000 enemy agents and sub-agents in Italy, establishing over 50 secret informants, and successfully penetrating seven different foreign intelligence services, including Tito’s communists and different branches of Italian military and civilian intelligence."
- Salter discusses the activities of Zimmer; American-financed health care in Switzerland for his two children; considered subject as an incompetent intelligence officer; heated controversy within CIA;
- "Through Parilli, Zimmer was also in contact with the Gehlen Organisation, codenamed ‘Zipper’, in pursuit of a closer liaison with the Order of Malta, and had to apply for a travel pass."

Questions of legal immunity in the light of Dollmann’s CIA Name File (p215; 226 of 469)
Intervening to ensure protection (p220; 231 of 469)
- "Dollmann and Wenner, who were detained in an Italian insane asylum in Milan under church ‘protection’, were blackmailed into signing false affidavits." -- by Cardinal Schuster. They were rescued by Angleton.

The internal controversy concerning Dollmann’s protection (p223; 234 of 469)
Salter goes to great lengths to discuss the opposition of W.M. Chase to granting of immunity to Wolff, Zimmer Dollmann, etc.

Conclusion (p243; 254 of 469)
Salter decries that "Western intelligence agencies have frequently been subject to an absurdly prejudicial ‘demonisation’ by their radical critics."

[W.Z. The suspicion arises that Salter's verbal diarrhea in the preceding five chapters concerning the Wolff group is utilized as a mechanism to discuss recently declassified titillating documents and make reference to the standard Holocaust literature. Nevertheless, he does provide insight into the sordid world of the OSS intelligence agency intertwined with politics. It is unlikely that the souls of the people discussed in this book are floating with the angels in heaven. They are more likely to be burning alongside the souls of Roosevelt, Hitler, Stalin and Churchill.]

Ch 6. The contribution of OSS officials to the prosecution of Nazi war crimes (p246; 257 of 469)
- "The next three chapters seek to contribute to existing debates over the role of US intelligence, particularly OSS and its successor organisations, SSU and, from 1947, the CIA, in the war crimes prosecution field by providing a more nuanced and balanced interpretation."
- "reconstruction and assessment of the role of US intelligence organisations within the Nuremberg process must take into account the nature, extent and implications of the support that, for example, Dulles, and his assistant Gero von Gaevernitz, a German-born but naturalised American citizen of a Jewish family background, provided for the Nuremberg prosecutors."
[W.Z. This is the only (so far) reference to the Jewish ethnicity of the personnel associated with the Nuremberg show trials. The failure of Salter and other Holocaust authors to clearly identify the ethnicity of the various researchers and personalities has, of course, exacerbated the so-called "Holocaust denial" movement.]

- "Nazi rocket scientists employed by America. The ‘science’ of these men had involved systematic use of the grossly abused concentration camp labourers detained in the Dora camp."
- Dulles was head of "post-war Field Office in Wiesbaden, Germany, from June to December 1945, ..." ... "William Casey worked under Dulles in OSS Wiesbaden." ... "head of the OSS, General Donovan ..." ... "OSS’s Document Research Unit headed by Walter Rothschild, based in London." ... "Hans Bernd Gisevius (former Gestapo official and OSS double-agent)." ... "Robert Storey, a Nuremberg prosecutor" ... "Richard Helms, another of Dulles’ subordinates who was later appointed as CIA Director"

- "On 7 July 1945, Jackson and Donovan visited Wiesbaden to meet with Dulles."
- "In January 1945, Dulles also made efforts to include three of his ‘trusted German’ staff, including Hans Gisevius, in one of the OSS’s T-Force teams entering newly conquered areas of Germany, particularly Berlin."
- Although initially uninterested in Communist activities "Dulles modified his stance partly owing to the obstruction, and even physical attacks, by Russian forces on his agents and officials whenever they sought fugitive Nazi war criminals located in the Soviet-controlled sector of Germany:" ... As a result of this and other incidents, all allied forces were banned from the Russian zone, though Red Army officers continued to move freely in the Allied zones where they picked up Germans they claimed were wanted Nazis."

[W.Z. Ukrainian refugees referred to these as "roving squads of American GI’s and their NKVD handlers"  -- http://www.willzuzak.ca/tp/holodomor/rud20120723WillZuzak.html ]

- "... Donovan’s assignment to Jackson numerous OSS legal, research and technical staff; the preparation of lists of potential defendants (including SS officials, industrialists and Nazi organisations); and potential trial witnesses."

Designing the courtroom as a stage for a media event (p253; 264 of 469)
- "Donovan had, in his civilian law practice, frequently supported his arguments with arresting visual devices. Behind the battle cry, ‘One picture is worth a thousand words,’ he vigorously promoted these practices . . . he allocated a remarkable 24.9 percent of his first annual budget toward the design of visual presentations."
- "Dan Kiley’s secret instructions were that the Palace of Justice should be redesigned in  order to be: ‘Unified, orderly, and dignified . . . to reflect the scales of justice.’ ... "In short, Kiley’s task was to incorporate novel presentation devices and facilities into the very structure of the redesigned Palace of Justice at Nuremberg to enable the display of OSS trial evidence, particularly film and large charts."

Facilitating media coverage: controversies and logistical support (p255; 266 of 469)
- "The extent to which the Nuremberg trials were to be organised as media events, or ‘show trials’, became one of the bones of contention between Jackson and General Donovan."
- "In pursuit of Donovan’s wider agenda, OSS propaganda specialists had developed ample wartime experience of managing and manipulating media coverage."
- "As a result, OSS’s Dan Kiley designed a special room built for journalists covering the trials, with a large glass window through which they could view proceedings without drawing attention to themselves, whilst also following the verbal exchanges through a specially ‘piped in’ sound system." ... radio broadcasts from soundproof room in attic utilized by William L. Shirer, Kaltenbaum, Associated Press.
- "The OSS’s manipulation of the media was double-edged" ... such that Jackson accepted preliminary trials of lesser individuals by military tribunals so as to satisfy the media's blood lust.
- "Ref 46: Once the relationship between Jackson’s office and OSS was formalised in May 1945, OSS support on strategic questions varied from providing propaganda assistance from OSS staff who had previously worked as journalists regarding the preparation of press releases and the ‘stage management’ of press conferences to strategic planning regarding the entire trial. Jackson was well aware of the importance of media management, describing Lord Beaverbrook (as distinct from any political or industrial leader) as ‘probably the most powerful man in Britain by reason of his newspaper control’. Jackson had personally met with Beaverbrook."

Organisational charts (p257; 268 of 469)
- "Another important part of the Visual Presentation Branch’s contribution was to try to simplify, in a graphic form, the complex internal structure of the various Nazi organisations." ... "help clarify lines of command responsibility, institutional hierarchies and hence degrees of potential legal responsibility and accountability for the issuing of orders to commit unlawful acts."
- Dan Kiley re participation and collection of evidence: "Our OSS people were on the road. As a matter of fact, I met two. They were like G-men, gangsters; you know, mobster-types." ... "They had guns on both sides."

Providing documentary and eye-witness evidence (p258; 269 of 469)
- "The most important [sources] were the extensive series of R&A reports that OSS research analysts, particularly the Neumann group, produced both during the war and immediately afterwards, a group of which were specifically commissioned by Justice Jackson." ... "within continental Europe, Neumann had ‘been examining people about religious matters’ in a way that appeared excessively independent of central control by either Amen or Storey" ... "Neumann denied acting outside his instructions or ‘using Jackson’s name without authority’."
- "... they did contain ‘a considerable amount of evidence buried in them, as [Murray] Bernays suggested and [Telford] Taylor agreed’." ... "Jackson specifically requested that Neumann’s expertise was vital to his senior prosecutors."
- "useful as guides for members of the Interrogation Division of Jackson’s organisation, headed by Colonel Amen." ... who "had appointed ‘a group of men scrutinising the [R&A] studies to get out of them what will be useful to interrogators’."

Producing the Nazi Concentration Camps film (p260; 271 of 469)
- "Cinematic evidence of Nazi atrocities was produced by an OSS team of Hollywood producers and technicians, which included John Ford, George Stevens and Budd Schulberg, operating under the overall administrative supervision of James Donovan’s ‘special projects’ sub-division of the US prosecution organisation. The film was still being edited in the fortnight before it was finally shown on 29 November 1945."

- "We have just completed its final revision and it is now in the Berlin laboratories, which are working in three eight-hour shifts of German civilians. The principal changes are [page 4] (a) the dropping of two weak PW camps sequences, and (b) the adding of some new -- and excellent -- Mauthausen coverage, in which formerly we had only the shots of Lt. Jack Taylor. This film is due back here on 23 November, which should give us ample time to present it."

- "Ref 59: See James Donovan ‘Memorandum to the Planning Committee’ 19 November 1945: Cornell Collection, Vol. 103, 56.03. This memo describes how the evidentiary charts, trial exhibits, and atrocity films (3–6) have been made and the manner in which they will be presented. This memorandum includes Donovan’s account of how and when he was proposing to use these films in court. It also reveals that the OSS had tracked down SS films of a concentration camp (8 mm, about 90 seconds) and the Warsaw Ghetto (both of which were edited by the SS to delete all incriminating appearances of SS personnel)."

[W.Z. The 3 excerpts above indicate that this film was a typical Hollywood production, whose contents may or may not have presented the real truth. One should be extremely suspicious of the phrase "the OSS had tracked down SS films", since the Jewish underground was extremely adept at "producing and recording" events to the detriment of the Germans and "delivering" them to OSS personnel.]

- "... general pattern of well-received cooperation between OSS presentation staff and the Nuremberg prosecutors, a process of liaison that had started relatively early in the pre-trial phase. The review document produced from Colonel Bernays by Kaplan and Farr on 9 June 1945 confirms this, providing a concise summary of early liaisons between Jackson’s office and the Presentation Branch of OSS:"
- "On 7 June [1945] we conferred with Lt. English of the Field Photographic Branch."
- "During the war, General Donovan had employed a number of film-makers, including John Ford, and [Garson] Kanin. These cinematic talents were also mobilised for the production of atrocity and other films for the Nuremberg trials."
- "Budd Schulberg, [who] wrote the books What Makes Sammy Run? and The Harder They Fall, was in charge of that unit. John Ford was in charge of the photography unit of OSS. We had the top people in the country." [1998 reference]
- "Members of Neumann’s war crimes group, including his deputy, Dr Kellerman, successfully sought out film evidence of the destruction of the Warsaw
ghettos later shown in the trial itself." [1997 reference]
- "Laurence Douglas, a legal academic ... idiom capable of capturing the Holocaust’s central horror. The representational problems raised by Nazi genocide are familiar to Holocaust scholars." [1995 reference]
- "Indeed, the formidable OSS expertise in film was mobilised for one of the most dramatic, and rhetorically powerful, pieces of evidence against the defendants at Nuremberg: the concentration camp atrocity film. The highly partisan and one-sided critique directed against the OSS by various ‘revisionist’ accounts of the Nuremberg trial could, in part, stem from their role in providing the most graphic and damning evidence of concentration camp atrocities, which stand out as widely circulated counter-evidence to Holocaust denial."

[W.Z. Salter does not give references to these "highly partisan and one-sided critique[s]", nor does he give the names of the so-called "revisionists".]

- "The film itself was entered into evidence as Document No. 2430-PS; it is still available commercially. Nineteen pages of documentation associated with its production, including affidavits attesting to the truth of the film. The complete text of the film’s narration, and the interview with OSS Jack Taylor, remain available from the Donovan Collection at Cornell Law School.
Ref 71: Cornell Collection, Vol. 9, Subdivision 16.03: ‘Prisoners of War and Concentration Camps’."

[W.Z. It would be interesting for independent researchers to view and critique this film and documentation.]

- "The film was screened almost at the start of the trial on the afternoon of 29 November 1945."
- According to "former OSS official Bernard Meltzer -- largely for strategic reasons -- it had been decided to show the film ‘out of sequence’ from such documentary evidence:
. . . [H]orrible and vivid evidence regarding the camps had already been introduced out of order so as to meet the perceived need to add drama, emotion, and excitement to a primarily documentary case. That evidence consisted of films taken by American and British troops when they had liberated Dachau, Buchenwald and Belsen just about fifty years ago today. Those films were literally sickening, even for the tough combatweary troops. The films showed living skeletons and frightful conditions. They also showed the naked bodies of the dead stacked in large burial pits or sometimes sprawled on the ground. Some of these defendants found those films very hard to stomach indeed." [1995 reference to Nuremberg Symposium]

[W.Z. It is difficult to comment on the above excerpts without having seen the film, read the documentation and studied the critiques of the so-called revisionists. Nevertheless, many questions arise. Are the exact dates, times, names of the film-makers and the circumstances recorded and available? Who dug the burial pits and when? Who stacked the bodies and when? When and how did these people die? What was the ethnicity and number of dead bodies? What was the ethnicity and number of the surviving inmates of these three concentration camps? Did the massive British/American bombing raids of civilian infrastructure during the last months of the war cause a shortage of food for the civilian population and the concentration camp inmates? Were photographs of the gas chambers built by the Americans in Dachau for publicity purposes presented and/or discussed at the Nuremberg Trials? Who ordered them to be built?]

- Salter refers to several people involved in the film and presentation: "Sydney Alderman, associate trial counsel ... US prosecutor, Thomas Dodds ... defendants’ counsel ... Dr. Dix ... Aspects of Neumann’s argument ... James Donovan ... Robert Storey ... Judge Jackson ... Lt Budd Schulberg, and later by Ray Kellogg ... General William Donovan and Ambassador Murphy ... Lt Jack Taylor [inmate of Mauthausen camp]"

- "Although not mentioned in the transcript, the film contained images derived mainly, but not exclusively, from the US Army Signal Corps of the impact of ill-treatment from the following concentration camps: Leipzig, Penig, Ohrdruf, Hadamar, Breendonck, Hannover, Arnstadt, Nordhausen, Mauthausen, Buchenwald, Dachau and Bergen-Belsen. It includes images of gas chambers ..."

- Lt Jack H. "Taylor states on the film that: In October ’44, I was the first Allied officer to drop onto Austria. I was captured December 1st, by the Gestapo, severely beaten, even though I was in uniform ... Vienna prison where I was held for four months ... Mauthausen concentration lager ... two American officers at least have been executed here ... [Question: ‘How many ways did they execute them?’] ... Five or six ways: by gas, by shooting, by beating, that is beating with clubs, ah, by exposure, that is standing out in the snow, naked, for 48 hours and having cold water put on them, thrown on them in the middle of winter, starvation, dogs, and pushing over a hundred-foot cliff.
Ref 89: These images and Taylor’s testimony have been mounted at http://www.jewishvirtuallibrary.org/jsource/Holocaust/mauthfilm.html "

[W.Z. What was Jack Taylor doing in German-occupied Austria between October and December 1944 in an American uniform? He was presumably transferred to Mauthhausen in April 1945 very shortly before it was liberated on 04May1945.]

The immediate impact of screening the atrocity film (p269; 280 of 469)
- Slater relates how the showing of the film Nazi Concentration Camps had a devastating effect on the defendents as related by "Dr Henry Kellerman’s oral testimony ... Dr Gilbert and his colleague Kelly ... L. Felton, an American prosecutor ... Telford Taylor, a senior Nuremberg prosecutor ... Airey Neave, a lawyer ... Nuremberg prosecutors, such as Drexel Sprecher"

- Some notable comments by Dr Gilbert: "piles of dead are shown in a slave labor camp" ... "as human skin lampshade is shown" ... "Ribbentrop looks up at screen as British officer starts to speak, saying he has already buried 17,000 corpses" ... "female doctor describing treatment and experiments on female prisoners at Belsen" ... "women’s naked corpses are thrown into pit" ... "Keitel and Ribbentrop look up at mention of tractor clearing corpses"

- Telford Taylor: "The frightful condition of the living and the cascade of naked corpses pushed by bulldozers into an immense burial ditch were wrenching sights."

Ch 7. Gathering and analysing the materials that became the R-Series of Nuremberg trial evidence (p277; 288 of 469)
- Salter highlights "the largely successful efforts of OSS’s small group of research analysts, based in this agency’s London Field Office, who staffed a Documentary Research Unit (DRU) from June 1945 ... headed by First Lieutenant Walter Rothschild."
- Salter admits to being highly selective in discussing "in a reasonably full way the R-Series evidence [composed of 589 dossiers] concerning the Nazis’ systematic destruction of European Jews."

[W.Z. Below are excerpts of particular relevance to Ukraine, Poland and Eastern Europe.]

- "Whilst the extermination of European Jewry represented the most extreme instance of Nazi genocide addressed during the Nuremberg trials, the extermination of the Slavic population in Eastern Europe involved massive and systematic slaughter, whilst the persecution of the Christian churches also involved a brutal form of religious persecution. The R-Series includes internal documentation recording the harsh treatment meted out to the Ukrainian population as part of the brutal occupation policies enunciated by Party Chairman Martin Bormann and ultimately endorsed by the relevant government ministers within Berlin (albeit over the objections of many senior civil servants). R-Series documentation clearly revealed that such repressive treatment included a number of genocidal measures. These included the discouragement of childbirth through contraception and abortion, the refusal to sanction the use of inoculation and other basic health services for Slavic groups within the occupied territories, and a rejection of any need to provide education beyond the lowest levels of numeracy and literacy sufficient to allow Slavs to work effectively for the Nazis as slave labourers. R-Series documentation cited incriminating statements by responsible officials, including Commissioners Koch and Knuth, that ‘any signs of intelligence’ amongst subordinated populations must prompt summary executions. It also included related Nazi policy statements encouraging measures designed to create all forms of ethnic and racial tension to prevent any unified opposition emerging against Nazi occupation. As clear evidence of genocidal intent, such officials advocated that strategic cities, such as Kiev, ‘ought to be depopulated through epidemics. Although it would be best if the superfluous part of the population starved to death.’ Related themes included frank admissions of the growing power of Himmler’s SS to bypass other government departments and local commissioners."

- "Related German documents included with the R-Series give precise details of the racist measures of genocide and ethnic purging Nazi officials used to confiscate the farms and factories and other real estate of different racially defined categories of Poles as part of wider attempts to ‘Germanise’ parts of the Polish population ‘as rapidly as possible’."
- "Another R-Series document is a plea from the Polish Central Committee to the regional Nazi administration drawing attention to the extreme conditions Polish workers faced whilst employed in Germany, including lack of nutrition, health services, adequate housing and child care services."

- "Having cited R-114,22 Shawcross then explicitly linked such policies of deportation and Germanisation to the Nazis’ more obviously genocidal policies of sterilisation and extermination within Eastern Europe directed against individuals and groups not regarded as immediately useful to the Nazi war economy:
Listen to Bormann’s directives for the Eastern territory summarized by one of Rosenberg’s subordinates. I quote: ‘The Slavs are to work for us. Insofar as we do not need them, they may die. Therefore, compulsory vaccination and German health services are superfluous. The fertility of the Slavs is undesirable. They may use contraceptives or practice abortion; the more the better. Education is dangerous. It is enough if they can count up to a hundred. At best an education which produces useful stooges for us is admissible’ (Document Number R-36)."

- "In setting out the economic case, which deeply implicated defendant Rosenberg, prosecutors Brudno argued that:
I come now to the final phase of the case against the Defendant Rosenberg. We have seen how he aided the Nazi rise to power and directed the psychological preparation of the German people for waging of aggressive war. I will now offer proof of his responsibility for the planning and execution of War Crimes and Crimes against Humanity committed in the vast areas of the occupied East, which he administered for over 3 years. These areas included the Baltic States, White Ruthenia, the Ukraine, and the eastern portion of Poland . . ."

Salter closes this section as follows:
- "In short, a close review of the content of the R-Series rebuts the suggestion that the OSS either ignored or downplayed the systematic extermination of civilians founded upon the perverse theories of the supremacy of a Aryan ‘master race’, and the rights of the German nation under Nazi leadership to dominate the whole of Europe. On the contrary, Rothschild’s OSS unit provided highly incriminating documentation of the Nazis’ genocidal policies in Eastern Europe and their incremental attack upon alternative ideologies, such as those embodied in the Christian churches."

[W.Z. Salter doth protest too much. The OSS may have documented the German policies and atrocities in Eastern Europe, but they were not highlighted at the Nuremberg Trials and they were not reported by the news media at that time or since then. The OSS did not document the atrocities commited by the Red Army and the Soviet leadership. Neither did they document the massive ongoing "ethnic cleansing" of German civilians from Soviet-controlled territory. The excessive emphasis on the victimhood of the Jewish people, at that time and since then, has resulted in a distortion of the realities of WWII. Hitler intended to create "lebensraum" for Germans by colonizing Ukraine via genocidal policies against the indigenous Ukrainian population. The German atrocities in Western Europe were dwarfed by the atrocities in Eastern Europe instigated by both Hitler and Stalin.]

Waging aggressive war and crimes committed against prisoners of war (p288; 299 of 469)
- Salter refers to British/American airmen shot down while bombing civilian targets in Germany were considered terrorists not subject to the Geneva Convention, such that they were often shot by the German police or lynched by the inhabitants.
- There are several references to the recruitment of Russian POWs to man the anti-aircraft artillery: ‘We have made a request for an order that a certain percentage of men in the antiaircraft artillery must be Russians. Fifty thousand will be taken altogether, thirty thousand are already employed as gunners. It is an amusing thing that Russians must work the guns.’
[W.Z. However, there is no mention of the deliberate starvation of over two million Red Army POWs  during 1941-1942.]

- Prosecutor Telford Taylor: "To the same general effect is R-135, Exhibit USA-289, which is a report dated 5 June 1943 by the German General Commissioner for Minsk . . . describing an antipartisan operation in which 4,500 enemies were killed: 5,000 suspected partisans and 59 Germans. The cooperation by the German Army is shown in the following excerpt . . .: ‘The figures mentioned above indicate that again a heavy destruction of the population must be expected. If only 492 rifles are taken from 4,500 enemy dead, this discrepancy shows that among these enemy dead were numerous peasants from the country. The battalion Dirlewanger especially has a reputation for destroying many human lives. Among the 5,000 people suspected
of belonging to bands, there were numerous women and children.’ The next paragraph shows again the participation of the Armed Forces personnel . . ."

Rothschild’s work in gathering and organising the R-Series evidence (p298; 309 of 469)
- "during 1944 he [Rothschild] was intensely involved in various Civil Affairs projects that demanded an in-depth knowledge of the Nazi state, its institutions, policies and leading personnel."
- "In the spring of 1944, Rothschild provided a detailed report to Franz Neumann, who headed Washington OSS R&A’s involvement in Civil Affairs planning and the production of various guides and handbooks, concerning the work completed by his ‘Working Party’ on German law."
- "In short, during 1944–45, Rothschild had built up considerable expertise, both independently and through his collaboration with OSS R&A’s main expert on the organisation of the Nazi regime, Franz Neumann."
- "during early August 1945, Neumann wrote an urgent memo from the London Field Office of OSS to Sherman Kent, the acting head of the OSS/R&A Branch presenting his ‘First report on war crimes Europe’, based upon ‘extensive discussions with Commander Donovan, Colonel Murray Bernays, Colonel Wheeler, Colonel Amen, Alan Evans and Just Lunning’."
- "Neumann’s report explained that Bernays had successfully appropriated new OSS staff from Washington, and that his section of the OCC was responsible for ‘all documents in Great Britain’."
- "This lists Lt. Rothschild and Allan Evans of the OSS’s London Field Office as the distinctive ‘second wing’ of Colonel Bernays’ ‘Evidence Procurement’ branch of the OCC."
- "this unit continued to operate after the general dissolution of the OSS at the start of October 1945. In other words, it became part of the OSS’s successor organisation, the Strategic Services Unit of the US War Department (SSU)."
- "Rothschild also claimed that: ‘Another important document was an order by Keitel instructing the German armed forces to use terror methods against the civilian population in occupied territory.’"

Conclusion (p306; 317 of 469)
- This Chapter "has demonstrated that the evidence gathered and integrated into 598 thematic dossiers played an important role in helping establish key parts of the prosecution case."

Ch 8. General Donovan’s contribution to the Nuremberg trials (p307; 318 of 469)
Introduction
- "General William Donovan [born in January 1883], a former New York State prosecutor and successful Wall Street lawyer, was the sole wartime Director of the Office of Strategic Services (OSS) -- the American wartime intelligence organisation. This organisation was formally abolished in October 1945 but then reconstituted as the CIA in 1947 but without Donovan as its director. This chapter discusses some of the factors that explain the emergence of inter-agency collaboration between Donovan’s OSS and Justice Jackson."
- "A second aim is to explain the factors behind the eventual breakdown of this cooperation at its most senior level; that is, the rupture of the Donovan-Jackson relationship."

Donovan’s attempts to secure a leading role for the OSS (p309; 320 of 469)
- "At the end of October 1943, President Roosevelt asked Donovan whether, and to what extent, the question of war crimes trials had been looked into at the OSS."
- "an internal memorandum sent to Donovan and the OSS Supporting Committee on 17 September 1942 argued that the OSS needed to begin to formulate a list of alleged Nazi war criminals and circulate this to other potentially interested US agencies."
- "It must then be stressed that the basic tenets of the German legal system are not only morally reprehensible but are legally invalid."
- "On 6 October 1944, Donovan presented to McCloy, who was second only to Stimson within the US War Department, the just completed R&A Branch report titled ‘Problems Concerning War Criminals’ (R&A 2577)."
- "Neumann, who had been appointed Acting Chief of R&A’s Central European Section, sent a memo on 4 May 1945 direct to General Donovan entitled ‘War Criminals’." -- in which he stressed (1) no extra-judicial executions; (2) deal with crimes committed by Germans against Germans; (3) need for German courts to pursue thousands of war crimes trials after the Nuremberg Trials.
- "It is clear even from a casual reading of these largely rhetorical gestures that there was little clarity concerning the type of trial, the specific offences with which defendants could be charged, or the criteria for the selection of defendants."

The courting and honeymoon phases (p320; 331 of 469)
- President Truman asked Supreme Court Justice Robert Jackson to serve as Chief US Prosecutor on 12Apr1945 (confirmed 02May1945).
- Jackson anticipated: "Time . . . will not permit the setting up of new organisations to dig up evidence but we will need the liberal and prompt co-operation from Army and Navy intelligence, FBI, OSS, and all other organisations in getting it together." -- Thus OSS involvement was guaranteed.
- Jackson gave the OSS Director the role of his senior aide, an offer Donovan accepted verbally on 12 May 1945 ..."
- "It is appropriate to refer to the period from May through to October as a honeymoon period in the OSS-OCC relationship, even though this was, as already discussed, very much a marriage of convenience, rather than mutual affection."
- "the source of the frustration was that the Allied leadership’s grand promises of retribution, made on numerous occasions during the course of the war, had been neither developed nor acted upon in a concrete and practical way."
- "from late May 1945 Donovan continued to supply Jackson’s new organisation with considerable logistical and administrative support."

Recruiting Donovan’s OSS personnel (p332; 343 of 469)
- "This Jackson-loyalist group was eventually expanded from Francis Shea and Sidney Alderman, [plus his son William Jackson and Murray Bernays] to include: Colonel Robert G. Storey, who would become Director of the Documentation Division and Executive Trial Counsel; Colonel John Harlan Amen, a Brooklyn prosecutor who would become Director of the Interrogation Division; Colonel Telford Taylor, a former deputy of Jackson’s in the Department of Justice and Thomas J. Dodd, a future US Senator."
- "At its peak of operations in 1945, the OSS employed some 13,000 individuals workers (8,500 men and 4,500 women), of whom about 60 per cent served overseas."
- "The OSS, Donovan explained, had field operations throughout Europe. His people had been tracking potential war criminals since 1942 and had accumulated substantial dossiers. Furthermore he had every imaginable specialist within his ranks: scientists, linguists, even architects who could build Jackson a courthouse if need be. Best of all, he had attracted some of America’s brightest young lawyers into the OSS. Depending on the demands of the war in the Pacific, he could make many of these people available to Jackson . . . Donovan not only had an organisation in place, but knew how to open doors throughout Washington and the military. If Jackson had Donovan at his side, the battle of preparation, recruitment, and organisation would be half won."
- "Amongst the OSS specialists, whose expertise as support staff Donovan offered to Jackson, were a large number of experts in the deployment of truth drugs, psychology, public relations, film production and visual presentation more generally."

- "Although a Republican, Donovan enjoyed a personal relationship with Democrat President Roosevelt, dating from the time when they were both studying law together. He was also particularly close to both presidential adviser Harry Hopkins [a Soviet agent], and Frank Knox, the newly appointed Secretary for the US Navy and the owner of the influential Chicago Daily News. Donovan was also on good terms with another senior presidential adviser who had specific responsibility for war crimes policy, Samuel Rosenman."

- Schlabrendorff noted that witness Frau Struenck was a close personal friend of Admiral Canaris; "hold until you have talked to Gaevernitz [Dulles' Jewish-German-American assistant]" ... "Hans Gisevius ... was an OSS double-agent"

The flow of OSS staff and support (p338; 349 of 469)
- "Donovan had actively sought to make an early start on war crimes issues which included recruiting a range of legal staff qualified in international law (Phoebe Morrison, Raphael Lemkin and Sheldon Glueck) ... "

- "In the same cable, Jackson pressed the OSS to transfer to his office the services of Raphael Lemkin (whose seminal analysis first formulated the concept ‘genocide’ and decisively shaped postwar United Nations declarations on this topic). Donovan approved the reassignment of this war crimes consultant. Lemkin’s secondment to the OCC was needed to help prepare ‘an evidentiary case study drawn from material in his book and additional material he has secured since his publication . . . and develop his book’s analysis further’. Lemkin eventually contributed ‘a very large amount of evidence of atrocities in Poland’."

- NAMES: Gordon Dean, Colonel Storey, Chandler Morse, Drexel Sprecher, James Donovan, Ralph Albrecht, Daniel Margolies, Lt. Col. Murray Gurfein, Marvin Flisser and Whitney Harris, and Dr Henry Kellermann, Telford Taylor, Colonel Robert Gill, Bernard Meltzer.

- "Donovan created a special unit under the command of navy captain John Ford, the well-known Hollywood director, in order to gather photographs and film depicting the Nazi war crimes. ... Ultimately over 12 million still photographs and 10 million feet of film were found and then produced into a 3½ hour presentation entitled The Nazi Plan."

- "On 11 June, Donovan threatened to withdraw OSS cooperation because James Donovan had been personally slighted by his comparative ‘neglect’ within Shea’s allocation of staff functions." -- Jackson mollified both Donovans.

- By October 1945, the OSS had supplied 104 staff -- 38 civilian and 66 military, including 26 in the Field Photographic Branch.

Providing evidence from Dulles’ OSS contacts within the German opposition (p346; 357 of 469)
- "During the war Donovan, largely through Allen Dulles, had made extensive contacts with members of the German anti-Nazi opposition from both the political left and conservative right, many of whom became victims of Nazi atrocities and reprisals."
- Schlabrendorff, Hans Gisevius and Fritz Kolbe were key people with many more contacts.

Donovan’s assistance with the geo-politics of international negotiations (p351; 362 of 469)
- "Perhaps the most important contribution the OSS Director made during the early honeymoon phase of OSS–OCC relations related to the international relations aspect. Donovan had developed positive contacts with the British, French and Soviet governments, as well as with the Vatican and its vast network of information -- facilitated by Donovan’s status as a prominent Irish-Catholic."

- "During his wartime liaison with various British authorities, Donovan had established particularly good working relations with leading British political, legal, diplomatic and intelligence officials, some of whom had cultivated Donovan to help exert pressure on President Roosevelt to enter the war."
- "Documentation from OCC planning meetings, as well as from later prosecution sources from the spring 1946, confirms how important the Vatican became as a source of documentation of Nazi atrocities for the Nuremberg prosecutors."

- British officials such as Patrick Dean: "General Donovan, who clearly does not like the Russians much, is attracted by the idea of running the Courts without Soviet participation."

- "This was politically sensitive for Donovan. Many of his OSS subordinates had, in the previous year, accumulated a series of extremely negative experiences of Soviet actions and intentions, particularly in newly ‘liberated’ Eastern Europe."

- "In short, there is evidence that the positive nature of Donovan’s contacts with the British and, to a lesser extent, with both the Soviets and Vatican authorities, assisted Jackson’s task of establishing the legal, diplomatic and institutional basis for the planned Nuremberg trials."

Donovan’s assistance with American organisations (p362; 373 of 469)
- "During the war, Donovan’s organisation had developed notoriously bad relations with not only the US Army’s Military Intelligence Division (G-2), but also with the FBI."

The provision of documentation (p366; 377 of 469)
- "A German nobleman . . . had offered to reveal the hiding place of all of Rosenberg’s files . . . Storey ordered Ensign English to fly the crates to Paris, and four days later a C-47 touched down at Orly field bearing three thousand pounds of the Nazis’ meticulously recorded past, dating back to 1922."
- "Donovan’s organisation played a major role in securing evidence from the Rosenberg files."

[W.Z. Did these include the Rosenberg Diary which Robert Kempner stole?]

Other forms of support provided by Donovan (p367; 378 of 469)
- "Donovan, acting as Jackson’s deputy, was in fact heavily involved in a pro-active way in conducting negotiations with senior army lawyers regarding the selection of judges for the proposed war crimes trials."

Donovan’s long-range interventions: July–September 1945 (p369; 380 of 469)
- "For example, James Donovan soon became able to ‘rein in’ Neumann’s free-wheeling operation that had antagonised Jackson’s section chiefs, at least to some extent."
- "For his part, James Donovan regarded the dissolution of the OSS [on 01Oct1945] as ‘almost a paper change’, since his war crimes work with approximately 130 OSS staff engaged in various capacities would continue almost as before."

The honeymoon ends in desertion: Donovan departs and plays away (p374; 385 of 469)
- "Perhaps he [Jackson] only realised later that Donovan had his own agenda to exploit the trials for the sake of his personal and institutional interests."
- Donovan left for China on 08Aug1945 [Hiroshima and Nagasaki?] and returned in mid-September or early October.
- No real reason known for rift.

The irretrievable breakdown (p376; 387 of 469)
- "on 20 September 1945, the OSS was abolished by Presidential Executive Order" effective 01Oct1945"
Salter suggests that loss of the OSS made Donovan more aggressive to play big role at the Nuremberg Trials.
- "Jackson apparently ‘resented the fact that Donovan had absented himself during the preparatory work’."
- "it was Robert Storey, rather than Donovan, who was entrusted with the work of acting as Jackson’s deputy"
- Difference of opinion on prosecution strategy: "Justice Jackson debated the issue with General Donovan at great length. Each was determined in his own view . . . Both men discussed the issue with Robert G. Storey. Donovan would not yield. Neither would Jackson. The break finally came."

Excluding Donovan and the OSS lawyers from the economic case (p381; 392 of 469)
- "His Nuremberg files indicate that Donovan took a particular interest in material relevant to the proposed ‘economic case’ against the industrialists and bankers who both financed Hitler’s regime and profited enormously from it."
- "Jackson’s rejection of Donovan’s bid for the leadership of the economic case may have been more annoying to the OSS Director than Jackson appreciated."

Prosecuting the German General Staff and the High Command (p393; 404 of 469)
- Donovan "was particularly anxious to secure the testimony of Waffen-SS officers serving in Eastern Europe who could offer testimony on the responsibilities of specific members of the German High Command for some of the worst Nazi atrocities committed against civilians and, perhaps, Soviet prisoners of war."

The merits of witness or documentary evidence (p398; 409 of 469)
- Jackson wanted documentary evidence; Donovan wanted eyewitness testimony.

Donovan’s plea-bargaining proposals for Schacht and Göring (p410; 421 of 469)
- "During November, Donovan attended interrogations of both Schacht and of Göring."
- "Schacht, who had ultimately joined the July 20 conspiracy [to kill Hitler], was anxious to divorce himself from his co-defendants, and refused to participate in any overall defense plan to justify the regime or exonerate the other defendants. He wished to testify . . . so long as he was able to act the part of the German Nationalist, and not appear to be a handmaiden of the prosecution."
- "prompted by Schacht’s ingratiating letter to Donovan dated 14 November 1945."
- "This material showed that he had opposed Hitler from 1937 onwards, and -- as early as 1935 -- had even supplied confidential information to the American embassy in Berlin warning the Americans of Hitler’s military intentions." ... "Flossenbürg and Dachau concentration camps" ... "shared a cell with Schacht"
- "These reports from his own staff and sources confirmed Donovan’s suspicion that, despite his early support for Hitler, Schacht was more suitable as a prosecution witness than as a defendant in a major war crimes trial."

- Jackson "regarded Schacht as one of the most implicated of the defendants as he had helped paved the way for Hitler’s early seizure and consolidation
of power, and provided economic policies that largely financed military preparations for planned war."
- "Jackson firmly rejected Donovan’s plans for using Schacht as a prosecution witness:"

- Donovan spent 10 days interrogating Göring with the view of having him testify for the prosecution against the other defendents.
- "Could Schlabrendorff suggest how he might talk Göring into a deal?" ... "After returning from his visit in Göring’s cell, Donovan informed me that the latter was willing to cooperate."

- "This conflict over plea-bargaining came into the open in a face-to-face meeting between Donovan and Jackson on 25 November 1945" ... "Jackson sent a memo on 26 November 1945 that rejected Donovan’s proposals for the use of Schacht and Göring as cooperative witnesses outright."

Informal contacts with Leverkühn and Lahousen (p424; 435 of 469)
- "Donovan and Dulles’ contacts with the German opposition included individuals with links to Admiral Wilhelm Canaris’s Abwehr, which had become one of the focal points for anti-Nazi opposition."
[W.Z. There are allegations that Canaris was of Jewish origin with original name of Blum.]
- "Donovan exploited contacts within German military intelligence, including the German lawyer with connections to the intelligence world, Paul Leverkühn, from Hamburg. During the war, Leverkühn was sent by Canaris to Instanbul, where apparently he made contact with Allied officials. At Nuremberg, Leverkühn had befriended Lahousen, and was used by Donovan as an insider source of evidence regarding defendant von Papen."

- "Jackson discovered that, on 22 November 1945, Donovan had, through Leverkühn, invited Lahousen to be his dinner guest at his Nuremberg accommodation, even though the General himself was not present for most of the evening." ... "OSS lawyer Ralph Albrecht was present"
- "Jackson accepted Amen’s complaints concerning Donovan."
- On 24Nov1945, Jackson sent out a memo: "Donovan was rebuked for providing prosecution billets for Lahousen and Leverkühn, providing Lahousen with entertainment and, thirdly, for conducting interrogations outside of Amen’s directions."

An acrimonious divorce (p428; 439 of 469)
- "Donovan’s expert German consultant and a member of his personal staff, Fabian von Schlabrendorff" stated:
- "Our way of dealing with the top leaders of the Third Reich would . . . have differed markedly from the way the victorious Allies handled the problem after the war. It was my opinion then . . . that the trials at the International Tribunal would one day be considered a great political mistake, at least by the Western Powers . . . My conviction in this case stems not from any hindsight. On the contrary, I was given the opportunity to express my opinion even before the trials began through my acquaintance with . . . Donovan . . . As the preparation for the trials progressed, Donovan began to have doubts about them. Knowing that I was a jurist, and familiar with my role within the anti-Hitler resistance, he wanted to get my professional opinion and asked me to come to Nuremberg to look at the draft of the indictment . . . I accepted that invitation, and spent some time carefully studying the lengthy draft Donovan gave to me. After going over the entire document word by word, I set down my professional opinion rejecting the entire indictment on four counts: 1) It used retrospective law . . . 2) The indictment was based on Anglo-Saxon trial law . . . 3) The accusations dealt exclusively with offenses against Allied citizens . . . 4) The accusers were also the judges . . . After reading my memorandum on the draft, Donovan was more than ever convinced that he had been right in questioning the wisdom of the trials. He began to search for ways of shortening and limiting the proceedings as much as possible."

- Jackson: "I have instructed our own Dr Kempner that we will have no negotiations on such matters, either with defendants or their counsel, despite the fact that one of them approached him with an offer to testify." [W.Z. Kempner abscombed with the Rosenberg Diary.]

- Schlabrendorff: "When I next saw Donovan, he was shaking with anger and frustration after what had evidently been a stormy session with . . . Jackson. He told me that he was resigning from his post as deputy prosecutor because he did not want to be in any way connected with the coming trials; he had become thoroughly convinced that they were legally and politically unsound. He also suggested it would be wise for me to get out of Nuremberg at once -- advice I took no time in following."

- "Although he had been selected by Jackson as one of the top trial lawyers, he never made an appearance before the International Military Tribunal."
- "During early 1946, Donovan also concealed his Nuremberg war crimes files by having these hidden away in the back of his law firm’s vaults. Here they remained undiscovered for over 50 years, possibly to the detriment of continuing prosecution work."

- Death of Göring: "Putzell nods ‘Yes, but Donovan secretly decided, with the agreement of the British contingent, to let him die by cyanide. Göring had been very co-operative with us and he genuinely did seem deserving of some sort of mercy.’ ... Putzell and a colleague handed one tablet to Göring."

Was either leader proved right? (p439; 450 of 469)
- Smith, Telford Taylor, Douglas, Gerhart and other commentators/historians generally side with Jackson.
- Schlabrendorff clearly supported Donovan and pointed out "the farce of having Russian prosecutors blame the Nazis for the Katyn Forest massacre of captured Polish soldiers which their own officers had, in fact, committed -- a contradiction that Donovan had previously warned Jackson about."
- Schacht’s defence lawyer, Dr Rix, on 05Mar1946 asked the court to locate the document associated with his interrogation by Gurfein/Schlabendorff/Donovan.
- "Dr Seidl, defence counsel for defendants Hans Frank and Rudolf Hess, sought to impugn Gisevius’s testimony because of his status as a ‘traitor’ to the German state based upon his assistance to the OSS, the intelligence service of a foreign state with whom his nation was at war." ... "On the following day I made an application to examine the Chief of the OSS, General Donovan, also by means of an interrogatory." -- Jackson rejected the request.

Conclusion (p444; 455 of 469)
Salter concludes that the Jackson-Donovan relationship is a case study of the conflicts that can arise between war crimes prosecutors and senior intelligence officials.

Summation: taking stock  (p445; 456 of 469)
[W.Z.: Salter ends his book by balancing "sovereign state power" (as epitomized by William Donovan of the OSS) versus "rule of law" (as epitomized by Judge Jackson). As pointed out at the beginning of the first chapter, intelligence agencies use illegal means to obtain their results. Donovan/Dulles did provide immunity from prosecution of Wolff, Dollmann and Zimmer and probably many others. That Fritzsche, Schacht and von Papen were acquitted could also be due to the input of Donovan. And they did provide a cyanide pill to Göring. They cut corners and operated beyond the "rule of law". On the other hand, without the involvement of the intelligence agencies, it would have been impossible for Judge Jackson to have have successfully carried out the trial. One must turn to philosophy to arrive at an equitable solution to this dilemma.]

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