Up to and including 7 January 1946 I was fully occupied with the preparation and presentation of that portion (involving chiefly the High Command of the German Armed Forces) of the case before the IMT assigned to me by Mr. Justice Jackson. Consequently, my participation in the discussions and plans culminating in Executive Order No. 9679 was very occasional and purely consultative. When I was finally able to survey the situation in Nuernberg with respect to preparing for future trials under Law No. 10, it speedily appeared that only a very few members of the prosecution staff-including less than one-half dozen lawyers were interested in remaining in Germany for this purpose. On 30 January 1946 I reported to Mr. Justice Jackson:

It will be quite impossible to conduct the subsequent proceedings with the present legal staff of the Office, Chief of Counsel. Indeed, it will even be impossible to form the bare nucleus of a staff for further proceedings from the personnel now in Nuernberg. This is so for two reasons:

(a) With practically no exceptions the present staff has absolutely no interest in participating in further proceedings. The reasons for this are by now irrelevant; the fact is that almost without exception, the lawyers now in Nuernberg want to finish their work here as quickly as possible and get home.

(b) The legal staff has already diminished to such a point that there is no substantial personnel which can be diverted from work on the present trial to work on subsequent proceedings *

Accordingly, the necessary legal talent to handle further proceedings must be recruited anew.

As a result, I simultaneously recommended to Mr. Justice Jackson "that the United States enter into no commitments whatsoever for any further trials of war criminals until we can ascertain that staff will be available to handle same" and "that no announcement concerning the creation of any section of your staff to deal with. further proceedings be made 4o until we are sure that we are in a position to move forward."

* * *

After further discussions with Mr. Justice Jackson, General Betts, Mr. Fahy, and others, I returned to the United States (late in February) for the purpose of recruiting a staff. This proved a difficult undertaking, but by the end of March 1946 some 35 attorneys had been engaged and, while this was by no means a large enough group considering the scope of the undertaking, it was a reasonably adequate nucleus. In the meantime various other problems had been settled, and on 29 March 1946 Mr. Justice Jackson announced my appointment by him as Deputy Chief of Counsel, and directed me to prepare for the prosecution of war crimes charges other than those involved in

40 On 12 January 1946, by General Memorandum No. 13, Mr. Justice Jackson had estab lished within his organization a "Subsequent Proceedings Division," but this action was not publicized. Prior to my designation as Deputy Chief of Counsel, this Division was headed by Capt. Drexel A. Sprecher.

the IMT trial." I remained in Washington a few more weeks to continue recruitment, and returned to Nuernberg at the end of April 1946.

41 The appointment was effectuated by General Memorandum No. 15, 29 March 1946, attached hereto as Appendix H. This document also transferred to my control the Subsequent Proceedings Division which had been established by General Memorandum No. 13.

THE "SUBSEQUENT PROCEEDINGS DIVISION" OF OCCPAC

The first Nuernberg trial before the IMT did not end until 1 October 1946. On 11 October the sentences were confirmed by the Allied Control Council, and the death sentences were executed on 16 October. Mr. Justice Jackson resigned as Chief of Counsel on 17 October, and I was appointed as such by General McNarney (the Military Governor) on 24 October. Simultaneously, the Office, Chief of Counsel for War Crimes (OCCWC) was established as a division of the Office of Military Government, U. S. (OMGUS).

Up to 24 October 1946, accordingly, preparation for the American zone trials under Law No. 10 was the task of the "Subsequent Proceedings Division” of Mr. Justice Jackson's organization (OCCPAC). On and after 29 March 42 this division was headed by me, and as Deputy Chief of Counsel, I was subordinate and accountable to Mr. Justice Jackson (who in turn reported directly to the President), and not to OMGUS or the War Department.

In the meantime, the War Department had reorganized its war crimes establishment. Over-all support and coordination of the war crimes activities (such as the Dachau trials) conducted by the Theater Judge Advocates had been furnished by the War Crimes Office established late in 1944 in the Office of the Judge Advocate General of the Army.48 A Washington branch office of Mr. Justice Jackson's staff (OCCPAC) had been set up under the Assistant Secretary of War (OASW) in May 1945.

On 4 March 1946, by order of the Secretary of War (Mr. Patterson), the War Crimes Office of the JAG was transferred to the Civil Affairs Division. The same order directed that, at such future time as the Chief of Counsel for War Crimes should become an official of OMGUS (as envisaged by Executive Order No. 9679), the Chief of Counsel's Washington branch (then in the OASW) should also be transferred to the Civil Affairs Division. The Assistant Secretary of War (Mr. Howard Petersen) was to continue to act as the Secretary's representative in all matters involving war crimes.

In pursuance of this order, a War Crimes Branch, under the direction of Colonel David Marcus, was established in the Civil Affairs

42 As a practical operating matter, the Division was under Captain Sprecher's direction until my return to Nuernberg at the end of April.

43 See supra, p. 2 and footnote 9.

44 WDCSA 000.5 (27 February 46) issued 4 March 1946. This order also terminated the supervisory functions of the Assistant Chief of Staff, G-1, in the field of war crimes.

Division of the War Department. The War Crimes Branch (to the activities of which Mr. Howard Petersen gave constant personal attention and consistent and effective support) furnished the administrative machinery for employing the attorneys and other staff members engaged by me, and carried on the recruiting process after my return to Nuernberg. Later, under the direction of Colonel Edward H. Young, the War Crimes Branch continued to support the Nuernberg war crimes agencies, including the defense, with the greatest efficiency. Accordingly, while my own subordination to Mr. Justice Jackson was clear and direct, the task of the Subsequent Proceedings Division was one in which numerous other agencies were directly interested. The War Department, through the Assistant Secretary of War and the War Crimes Branch of the Civil Affairs Division, was vitally interested as the prospective focus of full authority in the war crimes field upon Mr. Justice Jackson's resignation. It was also responsible for stateside recruitment of personnel. In Germany, OMGUS was the prospective heir of administrative and policy control of the Nuernberg trials, and USFET would remain responsible for logistic support. No decision had as yet been made with respect to holding a second trial under the London Charter before a quadripartite bench, and in this and other respects the State Department was deeply concerned. In discharging the responsibility assigned to me by Mr. Justice Jackson of “organizing and planning the prosecution of atrocities and war crimes other than those now being prosecuted * * in the International Military Tribunal," the views and policies of all these other agencies had to be taken into full account.

Staff Recruitment and Organization

The initial group (consisting of some 25 attorneys) of staff members recruited stateside by me arrived in Nuernberg during the second week of May 1946. A few more individuals were available from Justice Jackson's staff, and, with the arrival of more stateside recruits during May and June, the Subsequent Proceedings Division numbered 113 by 4 July 1946. By the end of October, when the Division became the Office, Chief of Counsel for War Crimes (OCCWC) of OMGUS, its strength was over 400 American and Allied employees.

The task which the Division faced was enormous and complex, and the recruitment problem was correspondingly difficult. To be sure, lawyers were required to prepare and try the cases, but the legal staff was only one of many facets of the staff problem. Most of the documentary evidence was German, so that the attorneys (unless they happened to understand that language) were helpless unless assisted by analysts and research workers who were qualified, both linguistically and by general education and intelligence, to screen extensive files and other large collections of documents and select such as were or might

be relevant evidence. Most of the prospective witnesses were nonEnglish-speaking Europeans, so that pretrial interrogations had to be conducted through interpreters or by skilled, linguistically qualified interrogators. Documents and testimony alike needed to be accurately translated for the judges. Many copies of the documents and the transcripts of testimony were necessary for the judges, prosecution and defense counsel, defendants, witnesses, and others. Court reporters were needed to record the proceedings (both in English and German). The requirements for administrative and clerical personnel were extensive. All these present and future needs had to be estimated as accurately as possible, tables of organization prepared, and recruitment set in motion, in order that the trials under Law No. 10 might be begun as soon as possible after the conclusion of the IMT trial.

The legal staff of the Division was divided into five groups or "trial teams." Three of these concerned themselves with preparing for the trial of cases involving, respectively, military leaders, SS and police officials, and diplomats and other high government functionaries. The fourth group undertook the analysis and preparation for trial use of evidence concerning the top officials of the Krupp concern and the I. G. Farben chemicals combine. The fifth legal team was charged with making a general study of the structure of German industry and finance, in order to determine the impact of nazism on the German business community, and the part played by that community in the development and conquests of the Third Reich dictatorship.

A small but important nonlegal branch undertook to compile a general register of leading German personalities in all walks of life under the Third Reich. This unit also built up a locator file showing the place of confinement or other whereabouts of prominent persons and war crimes suspects and witnesses, and made the arrangements for bringing such persons to Nuernberg for trial or interrogation. Another important unit was established to handle interrogations, register and file documents, supervise the library, document room, etc.

Up to the time of Justice Jackson's resignation, general administration of this staff was handled by OCCPAC, of which the Division was a part. However, a small administrative staff was set up under the Executive Officer of the Division (Col. Clarence M. Tomlinson), which took over from Mr. Justice Jackson's administrative staff (headed by Brig. Gen. Robert J. Gill) when OCCWC came into existence.

Operations

By the time of my return to Nuernberg at the end of April 1946, the general scope of the trials to be held in the American zone under Law No. 10 had been roughly determined, at least unofficially. The basic problem was how extensive a program of prosecutions should be mapped out, and "how far down the scale of Nazi criminality our