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Gen. Donovan - 2.
26 November, 1945.
or their counsel, despite the fact one of them approached him with an
offer to testify. I know the "turning of state's evidence would be
dramatic and sensational - but I think it better for the reputation
of our case that each defendant do any confessing on his own behalf -
not on ours.
Partly because of this feeling, perhaps, but also for
other reasons, I disapprove the use being made of the German lawyer
Leverkuhn. You told me you were consulting with him and to that I
saw no objection. But Saturday I learned he is living in the house
with some of our prisoners of war witnesses with whom Amen had been
working under my instruction. Apparently on your behalf, Leverkuhn
was extending to one of them social entertainment at a time when
Amen had an appointment to complete his written statement and
Leverkuhn assumed to set aside Amen's instructions to Lehousen.
Leverkuhn I have never met. I have never delegated any authority
to him and he is not on my staff. From what little I can learn, he
was badly mixed up with the Nazis and is not a man who should be
trusted with knowledge of our case. His relation with some of the
defendants may not be disinterested. I do not think he should con-
sort with our witnesses and be possessed of information which comes
of such association as to what we are doing, trying to prove, etc.
Leverkuhn must get out of these billets and out of Nurnberg. His
presence here will cause trouble as sure as night follows day.
TRUMAN
Now the question as between you and John Amen as to
which shall examine and cross-examine defendants and witnesses is
HARRY
"NATIONAL
ARCHIVES AND
LIBRARY
RECORDS
not simply a personal one, or one of military rank. He has been
U.S.
SERVICE"
for months at work with these defendants and witnesses. So far as
I know, John has worked fully in accord with my view of the policy
of the case. You and I both know that the slant of counsel who
examines or cross-examines a witness often determines the whole slant
and effect of his testimony. Once an adverse attitude is developed
at the bar by an associate, it would be almost impossible for me to
alter it. Frankly, Bill, your views and mine appear to be so far
apart that I do not consider it possible to assign to you examination
or cross-examination of witnesses.
Therefore, I did not respond to your request for access
to Goering. I repeat that time may prove you right and me wrong. I
do not claim any great wisdom in so novel and complex a matter. I only
have responsibility.
Sincerely yours,
RAEJ
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"ocrText": "Gen. Donovan - 2.\n26 November, 1945.\nor their counsel, despite the fact one of them approached him with an\noffer to testify. I know the \"turning of state's evidence would be\ndramatic and sensational - but I think it better for the reputation\nof our case that each defendant do any confessing on his own behalf -\nnot on ours.\nPartly because of this feeling, perhaps, but also for\nother reasons, I disapprove the use being made of the German lawyer\nLeverkuhn. You told me you were consulting with him and to that I\nsaw no objection. But Saturday I learned he is living in the house\nwith some of our prisoners of war witnesses with whom Amen had been\nworking under my instruction. Apparently on your behalf, Leverkuhn\nwas extending to one of them social entertainment at a time when\nAmen had an appointment to complete his written statement and\nLeverkuhn assumed to set aside Amen's instructions to Lehousen.\nLeverkuhn I have never met. I have never delegated any authority\nto him and he is not on my staff. From what little I can learn, he\nwas badly mixed up with the Nazis and is not a man who should be\ntrusted with knowledge of our case. His relation with some of the\ndefendants may not be disinterested. I do not think he should con-\nsort with our witnesses and be possessed of information which comes\nof such association as to what we are doing, trying to prove, etc.\nLeverkuhn must get out of these billets and out of Nurnberg. His\npresence here will cause trouble as sure as night follows day.\nTRUMAN\nNow the question as between you and John Amen as to\nwhich shall examine and cross-examine defendants and witnesses is\nHARRY\n\"NATIONAL\nARCHIVES AND\nLIBRARY\nRECORDS\nnot simply a personal one, or one of military rank. He has been\nU.S.\nSERVICE\"\nfor months at work with these defendants and witnesses. So far as\nI know, John has worked fully in accord with my view of the policy\nof the case. You and I both know that the slant of counsel who\nexamines or cross-examines a witness often determines the whole slant\nand effect of his testimony. Once an adverse attitude is developed\nat the bar by an associate, it would be almost impossible for me to\nalter it. Frankly, Bill, your views and mine appear to be so far\napart that I do not consider it possible to assign to you examination\nor cross-examination of witnesses.\nTherefore, I did not respond to your request for access\nto Goering. I repeat that time may prove you right and me wrong. I\ndo not claim any great wisdom in so novel and complex a matter. I only\nhave responsibility.\nSincerely yours,\nRAEJ"
}