Description:

RUDOLF HOESS IS CALLED TO DEFEND ERNST KALTENBRUNNER
KURT KAUFMANN (b. 1902) German attorney, a one-time Nazi Party member and veteran of World War II, the defense attorney for ERNST KALTENBRUNNER (1903-1946), SS-Obergruppenfuhrer who headed the RSHA (Gestapo and Kripo) and SD, replacing Reinhard Heydrich. KALTENBRUNNER'S ATTORNEY AND HIS COLLEAGUES SEEK RUDOLF HOESS AS A DEFENSE WITNESS Incredible content T.L.S., 1p. large 4to., Nuremberg, Mar. 25, 1946, to the General Secretary of the International Military Tribunal, Nuremberg in which Kaltenbrunner's defense counsel seeks to have infamous Auschwitz commandant RUDOLF HOESS testify that Kaltenbrunner, facing a death penalty for war crimes, had no prior knowledge of the mass murder of Jews at Auschwitz. He petitions the court: '...The undersigned requests that Rudolf Hoess, whereabouts unknown, but a prisoner in British hands, should be called as a witness. This witness was the commandant of the concentration camp at Auschwitz, in which, according to what is said in the accusation, around 2 million people were put to death. The witness is named because the maintenance of secrecy over the orders to kill, as well as over their execution, was enforced by the heaviest penalties, including death; and because only a small circle of persons took part in carrying out the crimes. The witness can therefore testify that neither the programme of extermination, nor its carrying out in practice, was known to the accused...the following [defense attorneys and assistants] associate themselves with the above request...' Signed by Kaufmann at bottom, as well as (incredibly) twelve others, including the lead counsels for the primary war crimes defendants. At a later time, some individual typed a note on the verso: 'As I just learned, Hoess was arrested in Flensburg. Reports show that Hoess apparently received the order exclusively from the hand of Himmler.' File holes else very good. This appalling request defies modern understanding, but at the time Kaltenbrunner, struggling for his life, had become very creative with tactics used in his defense. He argued that his position as RSHA chief existed only theoretically and said he was only active in matters of espionage and intelligence. He claimed that Muller and others signed orders in his name, or used a rubber stamp. He maintained that Himmler, as his superior, was the person culpable for the atrocities committed. Kaltenbrunner also asserted that he had no knowledge of the Final Solution before 1943 and went on to claim that he protested against the ill-treatment of the Jews to Himmler and Hitler. In fact, Kaltenbrunner was intimately aware of all goings-on in the concentration camp system, which were at least partly under his jurisdiction, and he had visited Mauthausen twice. Hoess was finally questioned by Kaufmann. He testified that Kaltenbrunner on many occasions had sent him execution orders directly, or through a deputy signing on his behalf, and that the RSHA (under Kaltenbrunner's direction) was directly responsible for operations. As for Hoess, his own trial lasted from 11 to 29 March 1947. He was sentenced to death by hanging on 2 April 1947. The sentence was carried out on 16 April next to the crematorium of the former Auschwitz I concentration camp. This document originates from the files of Hans Werner, Director of Printing for the International Military Tribunal in Nuremberg. It was his task to publish the 42-volume record of the trial using this document and scores of others. Following completion of his task, Werner was permitted to retain possession of the documents, which were never tagged as evidence. They were then sold by autograph expert Charles Hamilton in his auctions, in 1979.

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December 7, 2021 10:00 AM EST
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