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The case is unusual in that the defendants are charged with crimes committed in the name of the law. These men, together with their deceased or fugitive colleagues, are the embodiment of what past for justice during the Third Reich. The judges served as judges during the period of the Third Reich.
Therefore you, Your Honors, as judges on the bench, will be sitting in judgment of judges in the dock. And this as is it should be. For only a judge knows how much more a court is than a courtroom. It is a process and a spirit. It is the house of law.
The defendants knew this, too. They knew courtrooms well. They sat in their black robes and they distorted, they perverted, they destroyed justice and law in Germany. Now, this in itself is undoubtedly a great crime.
But the prosecution is not calling the defendants to account for violating constitutional guarantees or withholding due process of law. The prosecution is calling them to account for murder, brutalities, torture, atrocities. They share with all leaders of the Third Reich responsibility for the most malignant, the most calculated, the most devastating crimes in the history of all mankind.
And they are perhaps more guilty than some of the others. For they had attained maturity long before Hitler’s rise to power. Their minds weren’t warped at an early age by Nazi teachings. They embraced the ideologies of the Third Reich as educated adults, when they, most of all, should have valued justice.
Here they’ll receive the justice they denied others. They’ll be judged according the evidence presented in this courtroom. The prosecution asks nothing more.
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