LC, did any of the defendants flat out deny that mass shootings of Jews took place, or did they merely deny their participation or specific knowledge of the shootings?
According to Hilary Earl, there were five lines of defense:
1) superior orders (that is, the killings occurred and the defendant was involved, based on orders from on high)
2) military necessity (putative justification) (the killings occurred but were legal as acts of self-defense during wartime)
3) personal necessity (the defendant carried out the killings but did so to avoid punishment for not doing so)
4) legal killings (the killings took place and were carried out because the victims had committed crimes deserving of execution)
5) powerlessness (essentially this argument was that the defendant participated in the killings because to oppose them would be futile, since someone else would carry out the killings)
Some other highlights (defendant testimony):
- Blume argued that the killings he had to carry out were distasteful, and he focused on the brutalizing effect of the killings on those who carried them out (not the effect on the victims!).
- Braune, like Ohlendorf, said he led a command that had killed 10s of 1000s, admitting that the murders took place under his responsibility - yet he also pointed the finger at Hitler (conveniently dead), Himmler (dead), and Ohlendorf.
- Naumann argued that he didn't kill anyone personally and that, while men under his command did so, these killings were part of security operations against partisans and thus justified.
- Naumann also tried arguing that because the orders to commit mass murder preceded his tour of duty, he could not be implicated in them.
- Jost blamed superior orders, along with the threat of punishment for disobedience, and tried to paint himself as morally upset by what the order had required him to do.
- Sandberger tried arguing that, on account of the nature of the tasks required, that is, mass murder, he tried to get out of his EG assignment.
- Blobel mounted a line of defense that said the numbers of his victims were exaggerated - 10-15,000 rather than 60,000; Blobel also claimed to have been ill during much of the period.
- Ohlendorf was one of the architects of the so-called Hitler order: he argued that the order was immoral, yet he was bound to carry it out. Ohlendorf had given statements during his interrogation, starting as early as August 1945, and testified at the IMT (Major War Criminals trial) consistently with the contents of the Ereignismeldungen, which had not yet been analyzed by the Allies. To cite two specifics, Ohlendorf gave detailed information to the British in September on the massacres at Nikolajev and Simferopol. And, in later interrogations by the Americans, Ohlendorf gave a rationale for these killings consistent with his later testimony (that the killings were legal and done under superior orders). During this time, that is, before the prosecution was familiar with the contents of the reports, Ohlendorf gave a figure of 90,000 killings for EG-D. Also, Ohlendorf's defense at the NMT boiled down to (1) Ohlendorf had directed civilian executions in the USSR but only perhaps as many as half the civilians were killed as he was charged with, (2) the executions were justified because of a state of emergency arising from the war and the need to defend the Reich from the Soviets, (3) military orders given to Ohlendorf required him to direct the execution operations, and (4) the Jews were not killed as part of a genocide but rather in antipartisan operations because Ohlendorf considered Jews to be the embodiment of Bolshevism. Ohlendorf was free to offer a defense in line with his life beliefs, or not; free to challenge the EG Reports, or not; free to deny his earlier statements, or not; free to deny the killings, or not. What he chose, with counsel, to do was to admit mass killings and then to defend himself in line with his view of the world, his earlier statements, his acknowledgments of the executions, and his justifications for them.
There were two or three "deniers" among the defendants, including Nosske, who maintained innocence until the final day of questioning from the judge, when he, according to Earl, "begrudgingly succumbed . . . . and admitted that his unit 'might be' responsible for the murder of as many as 244 people." Haensch played Sgt Schultz, his memory had failed, and he knew nothing.
All in all, a disgusting display. The travesty of justice in this case, contra the bizarre inversions which deniers attempt, was the leniency afforded these mass murderers.