Order of Judge William C. Christianson, June 17, 1948 - page 1

MILITARY TRIBUNALS TRIBUNAL IV, CASE 11 THE UNITED STATES CE AMERICA against ERNST VON WEIZSAECKSR , et al. О R PER The defendant Keppler has moved that the Tribunal strike and reject the following exhibits in Document Book !УШ~ 13 4-30, I/I -тз, M-a^sY! -«If.Vi -loiat М-здг, + Kl-iSW, iw -3241 139 - 2203, 2204, 2205, 2206, 2207, '2208, ;2209 , 2210, 2211, IVl- *35. VI - 83 «f 2216, 2217. "i^RvQvcyi- -ЬеоЬЗш снл4< рте*., J / The Tribunal has heretofore stricken Count IV of the Indictment which charged Crimes against Humanity committed during the period from January 1933 to September 1939 on the ground that the Tribunal has no jurisdiction over crimes or persecutions committed by a sovereign against its own nationals except insofar as crimes were in execution of or in connection with Crimes against Peace or War Crimes. Exhibit 2203 is a letter written by Keppler to Goetz of the Dredner Bank, dated 13 July 1937 and the latter’s reply to Keppler on 14 July 1937 which relates to the "aryanization” of the Merkur Bank. The Austrian Anschluss did not occur until 12 March 1938 although German plans and preparations for the Anschluss long prodate the exhibits in question. It is not an improper inference that the documents in question have some relation to the plans for alleged aggression. We do not indicate that we infer this as a matter of fact but it is at least arguable. The motion therefore with regard to Exhibit 2203 is denied. Exhibits 2204, 2205, 2206, 2207, 2208, and 2209 deal with general " aryanization" plans ana with particular reference to the Metallgesellschaft , Hanschewerke , Lubeck firms and the interests of the Petscheks in certain German properties. This