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Endnotes for Chapter XXI

1 Hist Rpt, Third Army, ACofS G-5, May-Jun 45, in OMGUS 76-3/10.

2 (1) JCS 1517/1, Summary of Aug 45 Report of the Military Governor, 18 Oct 45, in CCS 383.21 (2-22-44), sec. 9. (2) JCS 1517/2, Summary of Sep 45 Report of the Military Governor, in CCS 383.21 (2-22-44), sec. 10.

3 Hist Rpt, Det A 330, 30 Jun 46, in OMGUS 82-2/10.

4 Hist Rpt, Det E 283, 30 Jun 46, in OMGUS 78-2/10.

5 Weser Bote, 27 Oct 45.

6 Hist Rpt, Det E 232, 30 Jun 46, in OMGUS 77-2/10.

7 Functional History of Military Government in the Bremen Enclave, 26 Apr-30 Sep 45, in OMGUS 48-1/6, pt. I, p. 15.

8 Hist Rpt, Det B 262, 30 Jun 46, in OMGUS 10-1/5.

9 Memo, SHAEF, ACofS G-5, Special Br, sub: Proposed Organization and Procedure, Mar 45, in SHAEF G-5, 17.16, Hist Rpts, 12th AGp, pt. I, jacket 8.

10 Hqs, 6th AGp, to CG's, Seventh Army and French 1st Army, sub: Disqualification from office of Nazis and German Militarists, 30 Mar 45, in OMGUS 411-2/3.

11 Hist Rpt, 6th AGp, ACofS G-5, 1 Jun--16 Jul 45, in SHAEF G-5, 502.

12 Hist Rpt, Third Army, ACofS G-5, May-Jun 45, in OMGUS 76-3/10.

13 Hqs, ETOUSA, to CG, 12th AGp, sub: Removal of Nazis and Militarists, 29 Jun 45, in OMGUS 411-2/3.

14 Hist Rpt, Third Army, ACofS G-5, May-Jun 45, in OMGUS 76-3/10.

15 (1) Hist Rpt, Seventh Army, ACofS G-5, 8 May-30 Sep 45, in Seventh Army, 107-3.0. (2) Hqs, Seventh Army, ACofS G-3, sub: Progress of Operation LIFEBOUY, 8 Nov 45, Seventh Army, 168-4 /2.

16 JCS 1517/2, Summary of Sep 45 Report of the Military Governor, 13 Nov 45, in CCS 383.21 (2-22-44) sec. 10.

17 New Republic, vol. 112, no. 25, 18 Jun 45.

18 Ltr, Clay to McCloy, 15 Jul 45, in OMGUS 410-2/3.

19 Hqs, Seventh Army, Hist Sec, Report of Operations, 8 May-30 Sep 45, in Seventh Army, 107-3.0.

20 Ltr, Hqs, USFET, to CG's Third Army and Seventh Army, sub: Removal of Nazis and Militarists, 15 Aug 45, in OMGUS 22-1/5.

21 New York Times, 19 Sep 45.

22 Ltr, Patton to Eisenhower, 11 Aug 45, in USFET SGS 000.1.

23 US Gp CC, Staff' Meeting of Div. Directors, 27 Aug 45, in OMGUS 12-1/5, v60-12/1.

24  Ltr, Ike to George, 23 Aug 45, in USFET SGS 000.1.

25 Ltr, Clay to McCloy, 16 Sep 45, in OMGUS 410-2/3.

26  Hist Rpt, Third Army, ACofS G-5, 15 Aug- 14 Sep 45, in OMGUS 76-3/10.

27 Memo for Record, USFET, ACofS G-5, Adviser (Dr. Walter L. Dorn), sub: Min. Pres. Friedrich Schaeffer and the Tardy Denazification of the Bavarian Govt., 2 Oct 45, in USFET SGS 000.1.

28  Ltr, Ike to George, 11 Sep 45, in USFET SGS 000.1.

29 He may have succeeded, too. Elected to the Bundestag of the Federal Republic of Germany in 1949, Schaeffer was Finance Minister from 1949 to 1957 and thereafter Minister of Justice until 1961.

30 Memo for Record, USFET, ACofS G-5, Adviser (Dr. Walter L. Dorn), sub: Min. Pres. Frederich Schaeffer and the Tardy Denazification of the Bavarian Govt., 2 Oct 45, in USFET SGS 000.1.

31 Ibid.

32 Min, US Gp CC, Staff Meeting of Div. Directors, 16 Sep 45, in OMGUS 12-1/5, v60-12/1.

33 New York Times, 23 Sep 45.

34 A week later, Third Army reported to USFET that Schaeffer's resignation and those of his Ministers of Finance and Economics and Head of Food and Agriculture had been "accepted" on 28 September. Cable, Truscott to CG, USFET, 5 Oct 45, in USFET SGS 000.1.

35  New York Times, 29 Sep 45.

36 Diary, Hqs, XV Corps, 8 Oct-10 Dec 45, 12 Oct 45, in XV Corps, 215-0.3.

37 Min, US Gp CC, Staff Meeting of Div. Directors, 24 Sep 45, in OMGUS 12-1 /5, v60-12/ 1.

38  Hqs, USFET, to CG's, Eastern and Western Military Districts, sub: Administration of Military Government in the U.S. Zone, Law, No. 8, 26 Sep 45, in OMGUS 411-2/3.

39 (1) Hist Rpt, Det E 1 A2, 1 Jul-30 Sep 45, 15 Oct 45, in OMGUS 9-3/5. (2) Hqs, USFET, Rpts, and Inf Br, Political Intelligence Summary, 15 Jan 45, in OMGUS 418-1/3.

40 (1) Hist Rpt, Det B 262, 30 Jun 46, in OMGUS 10-1 /5. (2) Hist Rpt, Det E3B2, Oct 45, 8 Nov 45, in OMGUS 7-2/5.

41 Ibid., (2).

42 Hist Rpt, Det E-283, 30 Jun 46, in OMGUS 78-2 / 10.

43 Hist Rpt, Det A-330, 30 Jun 46, in OMGUS 82-2/10.

44 Functional History of Military Government in the Bremen Enclave, Oct-Nov 45, in OMGUS 39-3/5, pt. I, p. 66.

45 Opns Rpt, Third Army, 1 Oct-31 Dec 45, in Third Army, 66-98/25.

46 History of Military Government, Land Wuerttemberg-Baden, in OMGUS 410-1/3, vol. I, p. 1440.

47 Hqs, USFET, to CG's, Eastern and Western Military Districts, Regulation No. 1, 6 Oct 45, in OMGUS 411-2/3.

48 (1) History of Military Government in Land Wuerttemberg-Baden, 8 May 45-30 Jun 46, in OMGUS 410-1 /3. (2) Hist Rpt, Eastern Military District, 15 Dec 45-14 Jan 46, in OMGUS 76-3/10.

49 (1) Memo, OCOT, TSFET, for G-4, TSFET, sub: Denazification of Transport Personnel, 24 Oct 45; Cable, Clay to Lee, 19 Oct 45; and Memo, Director, OMGUS (Z), to CofS, USFET, Sub: Removal of Nazis and Militarists in the Reichsbahn, 5 Nov 45, in USFET SGS 000.1. (2) OMGUS, Control Office, Hist Br, History of U.S. Military Government in Germany, 8 May 45-30 Jun 46, Rail Transport, in OMGUS 23-1/5.

50 Hqs, Seventh Army, ACofS G-2, Weekly Intelligence Summary No. 15, 24 Oct 45, in Seventh Army, Opns Rpt, Annex 2.

51 Hqs, Seventh Army, ACofS G-2, Weekly Intelligence Summary, 15 Jan 46, in OMGUS 418-1/3.

52 (1) Hist Rpt, Det D-302, 25 Jun 46, in OMGUS 79-1.10. (2) Hist Rpt, Det B-252, 2 Nov 45, in OMGUS 80-3/ 10.

53 Hist Rpt, Det E-237, Jun 46, in OMGUS 77-3/10.

54 (1) Bremen Enclave, Functional History, 1 Feb-31 Mar 46, in OMGUS 48-3/6, pt. I, p. 8. (2) Hist Rpt, OMG, Bavaria, 1945, vol. III, p. 433.

55 Hist Rpt, Det D-244, 20 Jun 46, in OMGUS 79-1/10.

56 The trials of lesser war criminals ended at Dachau on 30 December 1947 ; the Nuremberg Military Tribunal (U.S.) completed its last case on 14 April 1949 ; the Office, Chief of Counsel for War Crimes, was deactivated as an OMGUS division on 20 June 1949; and the War Crimes Branch, European Command, completed a final review of all unexecuted sentences in late 1951.

57 General Board Study No. 86, pp. 3-5.

58 Cable, Eisenhower to A(1WAR, for CC's, 2 Jun 45, in SHAEF SGS 000.5/1.

59 Cable, AGWAR, CCS, to Eisenhower, 19 Jun 45, in SHAEF SGS 000.5/1.

60 (1) EUCOM, Dep JA for War Crimes, Report, passim. (2) Final Rpt, Seventh Army, G-1, Annex N, in USFET, Hist Program Files, 11068,1100.

61 (1) EUCOM, Dep JA for War Crimes, Report, p. 48. (2) USFET, JA, Report, 4 Apr 42-3 Apr 46, in ETOUSA file.

62 Memo, Col G. Simpson for Sec Army, sub: Survey of Trials of War Criminals Held at Dachau, Germany, 14 Sep 48, in OMGUS 439-1/3.

63 EUCOM, Dep JA for War Crimes, Report, p. 52-58.

64 Cable, SHAEF Main to Justice Robert H. Jackson, 24 June 45, in SHAEF SGS, 000.5/1.

65 The Army had no judicial responsibility in the trials, but until mid-September and even after, there was no assurance that it would not. On 17 September, Jackson informed President Truman that the Soviet government had just recalled its prosecutor and had not appointed a replacement and that so far the Russians had not produced either evidence or a staff. The whole project, he said, would "fizzle" if the United States did not "furnish everything including ideas, prisoners, evidence, billets, mess, and courthouse." Jackson recommended that the President appoint an American military commission to dispose of the charges if the delay lasted too long. (1) Memo, Third Army to CG, 1st Inf Div, sub: Hqs. Cmd. International Military Tribunal, 24 Nov 45, in USFET SGS 000.5/4. (2) Cable, Jackson to the President, 17 Sep 45, in USFET SGS 000.5/1.

66 (1) JCS 1023/10, Directive on Identification and Apprehension of Persons Suspected of War Crimes or Other Offenses and Trial of Certain Offenders, 8 Jul 45, in CCS 000.5 (10-15-43) , sec. 4. (2) Memo, Hqs, USFET, JA, from Ch, International Law Sec, for TJA, sub: Organization for Proceeding Against Axis War Criminals, 16 Oct 45, in USFET SGS 000.5/1.

67 Control Council Law No. 10, 20 Dec 45, in Ruhm von Oppen, Documents on Germany Under Occupation, 1945-54, pp. 97-101.

68 Telford Taylor, Final Report to the Secretary of the Army on the Nuernberg War Crimes Trials Under Control Council Law No. 10 (Washington, D.C., 1949) , p. 16.

69 By late January 1946, it became certain that the International Military Tribunal's findings were not going to permit convictions solely on the basis of membership in criminal organizations. Knowledge of the criminality and degree of involvement, at least, would have to be proved in each instance which made hundreds of thousands of trials clearly impossible. Consequently, Brig. Gen. Telford Taylor, Jackson's deputy, decided to let almost all the membership cases be handled under the denazification procedures. When the international trials ended in October 1946, Taylor succeeded Jackson as Chief of Counsel for War Crimes and assumed responsibility for trying major offenders under Control Council Law No. 10. In the so-called Subsequent Proceedings, the Office, Chief of Counsel for War Crimes, prosecuted eleven cases against 185 persons before U.S. military tribunals sitting at Nuremberg. All defendants were charged with specific crimes, but a few who were acquitted of other charges were convicted of membership in criminal organizations. (1) Memo, CG, USFET, for CofS, Sub: Organization of Further Proceedings Against War Criminals and Certain Other Offenders, 5 Dec 45, in USFET SGS, 000.5/4. (2) SWNCC 237, Organization for Further Proceedings Against Axis War Criminals, 22 Dec 45, and JCS 1023/12, Organization for Further Proceedings Against Axis War Criminals, 21 Dec 45, in CCS 000.5 (10-15-43) , sec. 4. (3 ) USFET, Prosecution of Nazi Crimes Against Germans, 15 Dec 45, in USFET SGS 000.5/1.

70 USFET, JA, Report, 4 Apr 42-3 Apr 46, in ETOUSA file.


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