The Nuremberg Trial was a return to the Inquisitorial procedures of the Middle Ages. The prosecution allegedly took many “affidavits”, but only called 33 witnesses.
This is one of the very few the entire text of which is given. It is in fact another crude attempt to pin the Katyn shootings (and other Soviet atrocities) on the Germans, but with plenty of heart-rending “farewell” scenes. There is the beautiful young Jewish girl who goes to her death with defiance on her lips, the families who die with dignity, the mothers trying to protect their children, Ukrainians with whips, and all the other clichés of Holocaust literature.
The right to confront one’s accuser…and to cross-examine him… is fundamental to our legal system and is protected in many court decisions and the Sixth Amendment. No serviceman can ever be convicted of murder before a military tribunal under U.S. law on the basis of an “affidavit”.
Nor was the slightest proof ever adduced at trial to show that Gräbe ever even existed. It is obvious that an assertion which cannot be verified and which must be taken on faith from the prosecutors is not proof of anything in a criminal trial.
Normally, the “affidavits” are not even reproduced… they are simply “QUOTED”. We must take the prosecutor’s word for it that the “witness” and his “testimony” have ever even existed, let alone that they are credible.
It is not every trial in which defendants are framed for crimes committed by the prosecutors; in which every one of the prosecutors is guilty of the same crimes as the defendants; and in which the prosecutors are allowed to act as judge, jury and executioner of their own accusations.
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