THE RUDOLF REPORT

11. HUNTING GERMAR RUDOLFand that is basically what you are accusing him of.” Herrmann pinpointedthe State Attorney’s error: “The State Attorney refuses to acceptas evidence the decision of the Auschwitz trial in Frankfurt, whichcounted 45,510 dead.” Herrmann hammered on the conscience of theState Attorney, which does not exist. Then he continued, “But, accordingto the State Attorney, the accused must know that 6 million Jewswere gassed.” Herrmann turned to the judge’s bench and shouts: “Thecourt intends to prove that the defendant acted with criminal intent,that ‘he knows it.’”The public realized that this great man had lived through timeswhere just dealing, dignity, honor, and decency were still common. Atrial like the present was very difficult for him. Once again, Herrmanncounted the denied pieces of evidence and asked, “Who in this courtroomwas not well served by the defense?” Then he confronted theState Attorney and said, “The State Attorney will try to convince theaccused that he knew that what he said was not true. Herr State Attorney,you do not sit in the back of the accused’s head.”Then the attorney said what he thought was behind the court’s—inmany people’s opinion—scandalous handling of the trial: “I believethat there is another power that hangs over our legal system that givesyou your orders. I know that if you were to acquit, there would be agreat howling—not just here, but mostly in other countries. If you fearthis, you should decline to conduct the trial. How can you designateeven one piece of evidence as superfluous when the issue is life ordeath, as it is here? You should recollect that the chief prosecutor atNuremberg described the victorious powers’ tribunal as a continuationof the war against Germany. One cannot so totally destroy and plundera civilized people such as the Germans without an ostensible reasonor pretext. Auschwitz was that pretext.If ‘common knowledge’ does not endure forever, at what limit ofcommon knowledge do we find ourselves now? Yes, this ‘commonknowledge’ will collapse, but will the accused die in his prison cellbeforehand?” With that, Attorney Herrmann ended his pleading.Dr. Schaller’s pleading“This is a political trial of a very peculiar nature”, the courageousViennese attorney threw at the judge and State Attorney. “For the reasonthat it deals with a crime of opinion, where there was no violence.365