|
| Volume |
XVIII |
| Subdivision |
Subdivision 54 / Prosecution Staff Meetings and Organization |
| Part |
Not applicable |
| Section |
54.02 (Betts letter to Jackson, 19 Oct.'45) |
| Title |
"Office of Theater Judge Advocate" / "My dear Mr. Justice Jackson" / The United States Chief of Counsel for Prosecution of Axis Criminality / APO 403 / U.S. Army |
| Pages |
3 |
| Pages Supplemental |
|
| Date |
19 October 1945 |
| Language |
English |
| Author |
Ed C. Betts, Brigadier General, U.S.A., Theater Judge Advocate |
| Witness |
Not applicable |
| Other Names |
Justice Jackson; General Eisenhower; Colonel Fairman |
| Other Dates |
24 February 1945; 8 July 1945; 16 October 1945 |
| Abstract |
This letter refers both to directive JCS 1023/10 and to Colonel Fairman's memo on that subject (see preceding document 54.02 (Fairman memo for JA), "Organization for proceeding Against Axis War Criminals and Certain Other Offenders"). In the present document, General Betts appeals to Justice Jackson for his cooperation and advice in formulating a plan to address the problems inherent in complying with the directive, particularly its terms for "the trial of the cases of membership in criminal organizations and the treatment of persons now held in custody awaiting such trial" (p.1). According to Betts, the directive "lay[s] upon the Theater Commander a task of truly gigantic proportions" (p.1). The preferred solution, in General Betts's opinion, is to have the existing Office of U.S. Chief of Counsel (i.e., Jackson's office) assume prosecutorial responsibility for the cases against members of criminal Nazi organizations, and other Nazi war criminals not included in the main trial before the International Military Tribunal. These additional cases would be tried before Military Government Courts established within the United States Occupational Zone; the formation of such courts would wait upon an extension of Executive Order 9547, in Betts's view. The alternative is the appointment of a Special Prosecutor for Nazi Crimes, whose office would gradually absorb a portion of current OCC personnel in order to utilize their knowledge and experience in gathering and deploying evidence related to the prosecution of war crimes. Betts goes on to speculate about the appointment process for such a prosecutor, his "level," or status within the military government, and the authority necessary to accomplish his mission. This document is a typewritten carbon copy of good quality on thin, slightly browning paper. Many sentences and phrases of this text have been underlined in pencil. The notation, "let me see this" appears in the top margin of page 2, directly over "JCS 1023/10," which has been underlined in the text as well as linked to the notation with an arrow. All of these markings are handwritten in pencil. |
| Keywords |
JCS 1023/10; Executive Order No. 9547; Criminal organizations; Nazi organizations; Theater Commander; International Military Tribunal; War Crimes Branch; U.S. Chief of Counsel; Special Prosecutor for Nazi Crimes; Military Government Courts; United States Occupational Zone; Prosecution strategy; Trial preparation |