Kempner Story PDF
Kempner Story PDF
Kempner Story PDF
file; the SEA listing was the first clue I had that seems compelling: that he ripped the one-page
such a powerful document had existed, and it photostatic copy up, as it was hardly helpful to
triggered a separate and ultimately successful the prosecution.
search by me for the Schlegelberger Document. We had a cordial discussion, but I got no sat-
This one page had vanished however from the isfactory answer from him on that issue either.
short (five-page) court file of negative photo-
static copies (4025-PS) by the time Kempner
presented the file as an exhibit at the trials.
In the light of later events, the conclusion R OBERT KEMPNER was born in 1899, and
died in 1993. He obviously suspected even
German-born Dr Robert M W Kempner, U.S. prosecutor at Nuremberg, 1945–47
then that I was a dangerous opponent, and not the National Archives to that end.
easily fobbed off. Seven years after his death, The New York newspaper Newsday pub-
the National Archives released from FBI files lished the Associated Press story in November
an unusual letter he had written to the federal 2000.
agency back in March 1969, shortly after my
visit to him, in which he might seem to display
a latent fear that I was going to uncover the
tampering with and faking of Nuremberg trial
R OBERT WOLFE, head of a captured
documents section at the U.S. National
Archives, was always a good and respected
records on the prosecution’s behalf; the letter friend of mine.
might even have been an attempt to pre-empt I saw the story too late to correct it before
any closer scrutiny by me of the trial records in publication, but I filed a detailed reply:
website at http://www.fpp.
David Irving replies to co.uk/books/Nuremberg.
Associated Press story, It has a colour photo of
Kempner in court (right).
“Lawyer Warned of
Holocaust Revisionism” I crossed swords with
Kempner on several occa-
Tuesday, November 14, 2000 sions and for a variety of
reasons, but I am still sur-
HERE is what I know, in random sequence. prised to see that he tried
I shall limit my remarks in view of the fact to set the FBI onto me.
that Kempner is now dead and unable to re- Not a nice thing to do to
spond. Dr Robert M W Kempner (top right, an historian! (Incidentally:
at Nuremberg war crimes trial) was an official I admired J Edgar Hoover
of the Prussian Ministry of the Interior, and greatly as a figure in history, have worked in his
being Jewish deeply opposed to the rise of the papers at the Roosevelt Library, have used FBI
Nazis in Berlin. After they came to power he research files for my upcoming biography of
fled abroad in 1933, returning to Germany in Churchill, etc; and in general I regard the FBI
U.S. Army uniform in 1945. He became an as the “good guys”, and any time they want to
assistant prosecutor at the Nuremberg trials, they are at liberty to come and burrow through
and a chief prosecutor in the subsequent pro- all my files. A knock on the door will suffice.)
ceedings. As said, I crossed swords with Kempner on
U.S. Chief of Counsel Justice Robert H Jack- several occasions.
son (one of my heroes) refused to give him a The first occasion was in about 1967 when
leading position, as he said (Columbia Uni- I was researching the biography of Field Mar-
versity Oral Interviews) he did not want a shal Erhard Milch, Göring’s deputy, which
high Jewish “revenge” profile in the prosecu- was published by Little Brown Inc. in 1967 (?)
tion team. Members of Jackson’s team had a as “The Rise and Fall of the Luftwaffe.” Milch
low opinion of Kempner’s ability, and I quoted gave me his unpublished diaries, and I found
1945/46 documents stating their such remarks in them matters about Kempner, about which
about him in my two books on the Nurem- I approached him. One was the allegation that
berg trials, “Die letzte Schlacht” (published Kempner had been blackmailed by a fellow
as a newspaper series in German national Prussian ministry official, State Secretary Wil-
newspaper Welt am Sonntag, then as a book helm Stuckart, by then (1947) on trial for his
by Heyne Verlag, Munich); and “Nuremberg: life at Nuremberg; Stuckart told Milch (diary)
The Last Battle”, which I published under my that he had done so successfully, and was satis-
own imprint Focal Point in London in 1997. fied that he would get acquitted. He had some
The latter book you can download free at my kind of political dirt on Kempner, a document
which he was threatening to release. tounded to see that there were indeed serious
Lo and behold, when the time came and all divergences, and from that time I never made
around him were being sentenced to death, use of those transcripts.
Stuckart, who was one of those who actually I refer to this in my Nuremberg volume.
attended the infamous Wannsee Conference Two more reasons for Kempner to have his
of January 20, 1942, was sentenced to “time knife into me: Dr Hans-Adolf Jacobsen of the
served on account of his poor health”! Institut für Zeitgeschichte in Munich (now
He walked out of the Nuremberg jailhouse dead) told me there were good grounds to
that same day. I asked Kempner – by the 1960s believe that Kempner, while at Nuremberg in
a successful Frankfurt attorney – about the 1946/1947, had stolen the handwritten diaries
Milch diary entry, and he could not, or would of Hitler’s chief ideologue Alfred Rosenberg,
not, respond substantively to my queries. most of which are now missing. Kempner
Milch lost no love over Kempner, who passed quoted some previously unpublished extracts
a note across the courtroom to Jackson during of them in a book he wrote, which seems to
Milch’s cross examination during the Nurem- substantiate this claim.
berg trial, March 1946, saying, “Ask him if it Furthermore, I believed that Kempner, at the
is true he had a Jewish father.” Milch père was same time (1946/1947), caused to vanish from
indeed Jewish, but that is another story). That photocopies of Reich Ministry of Justice files
note is in Robert H Jackson’s official files at the held at the Nuremberg courthouse the copy
National Archives in Pennsylvania Avenue. of the famous Schlegelberger Document – for
Next item, which is closer to your question. which, see my website, http://www.fpp.co.uk/
Milch’s 1946 diary also alleged that the pub- Himmler/Schlegelberger/index.html.
lished transcripts of the Nuremberg trials, This 1942 document states that Hitler has
the famous 46 printed blue volumes, did not “repeatedly stated that he wants the Final So-
match the actual things said in court. “Yes” be- lution of the Jewish problem postponed until
came “No,” and answers by Milch that embar- the war is over.”
rassed the prosecutors (he referred to Britain’s You will understand why Kempner, a U.S.
violation of Norway’s neutrality in 1940), and prosecutor at Nuremberg, thought such an item
to the bombing of Dresden, were quite simply might be unhelpful for the proscution, and I
chopped out of the transcript. tackled him on the document’s strange disap-
This was a serious allegation, as histori- pearance. He himself initialled the [SEA] list
ans have relied heavily on those transcripts. in which the copy figured in Nuremberg 1945.
I therefore went to Washington in 1967 or After that the copy vanished! (The original
1968 and listened for two or three days to the [document] is now in the German government
wire recordings of the trials and compared archives. It was the negative photocopy that
them to the printed and the mimeographed vanished from the Nuremberg file, and only
transcripts. I still have in London reel-to-reel the other pages of that file survived). Kempner
copy-tapes of the principal days. I was as- clearly did not like my line of questioning.
Enter the local salvage collector, Walt Martin
I reply:
July 3, 2001 (Tuesday)
Eben, aus der Veröffentlichung von Hans- The Bundesarchiv reports:
Günter Seraphim [Das politische Tagebuch Im Bundesarchiv (All. Proz.) befindet sich
Alfred Rosenbergs aus den Jahren 1934/1935 nur 1 Seite unter der angegebenen PS-Nummer.
und 1939/1940. Göttingen: Musterschmidt, Das Staatsarchiv Nürnberg verfügt über eine
1956] dürfte aber ersichtlich sein, was schon komplette Kopie (Negativ, d.h. weiße Schrift auf
bekannt ist und was nicht. Er rief mich heute schwarzem Grund) des Original-Tagebuchs, das
(Montag) wieder an, ich stellte die Sache auf aus handschriftlichen und maschinenschrift
eine etwas längere Bank, werde ihn etwa mitte lichen Teilen besteht.
August aufsuchen. Inzwischen muß er Seiten Der Gesamtumfang (25 Teile) besteht aus
der Tagebücher heraussuchen. Eins steht fest: es 1082 Seiten. In einer Findbuchübersicht ist der
Umfang der Teile I–VII mit 693 Seiten angege- Ukraine, Vermerk über Besprechung beim Führer
ben, was später aber gestrichen zu sein scheint. im September 1941, u.a.) und einige Einzeldoku-
Diese Auskunft stammt von einem Kollegen aus mente (Durchschriften).
dem Staatsarchiv Nürnberg. Aus dem OKW waren vorhanden zwei
wesentliche Originalstücke – Kriegstagebuch
AFTER several further exchanges of informa- Sonderstab Oldenburg Jan-Juni 1941, Vorberei-
tion with Martin, I went to Pennsylvania and tungen für Barbarossa, handschriftlich geführt;
spent a day raking through these papers und eine Akte des Generalmajors Hansgeorg
Thomas vom WiRüStab zum gleichen Thema,
beide sehr wichtig (“present location: unknown”,
September 18, 2001 heisst es im Special Evidence Analysis sheet über
[I send] this email to Bente: “I am in Phila- diese Aktenstücke). Der Rest des Papiers ist
delphia, Pennsylvania ... for the next two umfangmässig m.E. zu 90 Prozent Mist (Foto
nights as well. I am going to see the gentleman kopien aus dem IMT-Bestand, Vervielfältigun-
who has the Rosenberg papers today.” gen aus gleicher Quelle) und nicht uninteres-
Phoned Walt Martin and arranged to visit santer Privatbriefwechsel (Handschreiben) mit
him at 10:15 a.m., . . . and at 11 a.m. I started Familie, Freunden, Bekannten.
reading his boxes of Robert M W Kempner “Meine Empfehlung: Der Hauptbestand
papers, and dictating notes on them until 5:20 des Nachlasses wurde m.W. schon dem Holo-
p.m. without a break. caustmuseum in Washington testamentarisch
They are in shocking disarray, stuffed willy- vermacht. Die meisten Sachen gehören schon
nilly into boxes, crates, and folders, but there deshalb nämlich im Interesse der Vollständigkeit
is some good stuff among them, diluted by dorthin, das Bundesarchiv dürfte dann aber im-
90 percent duplicated Nuremberg files, pho- stande sein, beim Holocaustmuseum auf seine
toprints from U.S. and Foreign Ministry Interessen als Rechtsinhaber der OKW- bzw.
(Loesch!) microfilms, etc. Ostministeriumunterlagen zu pochen um auf
No trace of the missing Rosenberg Diaries. diese Weisen wenigstens an Kopien zu heran-
This email at 6:18 pm to the Bundesarchiv: zukommen. Mir werden demnächst Kopien des
“Ich bin in Pennsylvanien und war heute bei Kriegstagebuchs Oldenburg geschickt.”
dem Altpapiersammler, und hier ist mein Fund
bericht: Gesamtumfang des von ihm erworbenen
Nachlasses des U.S. Neben- bzw. Hauptanklägers
beim IMT-Prozess Dr Robert M W Kempner
I POSTED a full account of what I had found
on my website to help other researchers, in
a file: Index to documents relating to Dr Robert
etwa 1 cbm, bunt zusammengewürfelt und auch Kempner, at http://www.fpp.co.uk/Germany/
-gewürfeltes. Von den fehlenden Rosenberg- Kempner/index.html.
Tagebuchseiten kein Spur. Ich habe ein langes Dr Lenz was subsequently instructed by the
Verzeichnis etwa sieben Stunden lang diktiert. German Ministry of the Interior to have no
Dabei war manches aus der Vorkriegszeit (u.a. further contact whatsoever with me.
Prozess des Kaisers gegen Eugen Mendel wegen This raised eyebrows elsewhere because by
Verunglimpfung); geklautes Originalgut aus dem its statute the Bundesarchiv is beholden to do
Nachlaß Rosenberg war ein Leitzordner mit etwa all it can to secure the restitution of German
500 Blatt (Behandlung der Ostvölker 1941-3, historic documents.
First page of War Diary of Göring’s Sonderstab Oldenburg, stolen by Kempner
U GLY AND UNSEEN wheels had begun to
move.
On November 13, 2001, Bente told me: “A
toric windfall.
That was the figure mentioned – Mayer had
said, “I don’t see any problem there,” – but I
Mr Martin called and said that the FBI came had warned Martin that this figure was unre-
and seized all the German documents!” alistic, particularly as the Alfred Rosenberg
The unfortunate Mr Martin was left empty- Diaries are seemingly still missing.
handed. Soon after my visit in mid September, says
Martin, a few weeks ago, he was visited again
by a top Jewish archive official from the U.S.
Saturday, December 1, 2001 Holocaust museum, and they agreed, after in-
Two nights ago I phoned Walt Martin in specting what he had, on a handshake, to pay
Philadelphia, as I had heard rumors that he him a purchase price of 150,000 dollars.
had had problems with the Kempner collec- For a few days he heard no more but then, so
tion since I visited him. Martin confirms on the phone to me, last week
He has sent me copies of the main items, the story took an unexpected turn.
including the long missing, handwritten He was visited by an agent from the Phila-
1941 war diary of the Nazi High Command’s delphia FBI – a gentleman whom he in fact
Sonderstab Oldenburg (see previous page). knew.
I had in the meantime written to various The agent declared the whole collection con-
universities in Germany and the USA about fiscated, and removed it from his home.
this priceless collection, the residue of the col- He seems to have been in cohorts with the
lection of wartime Nazi documents which he USHMM, because the announced intention
had rescued from a dumpster outside the late now was to turn these files – although they are
Robert M W Kempner’s home. still legally Martin’s property – over to the U.S.
I had concluded after discussion that it Holocaust Museum for no reward whatever.
should properly go eventually to the U.S. Martin seems to be made of sterner stuff,
Holocaust Memorial Museum (USHMM) ar- and he has forced a hearing before a federal
chives with the rest of the Kempner papers. judge next month, to confirm that he is legally
The USHMM officials who had scavenged entitled to the papers, having purchased them
through the Kempner home last year, in line after the USHMM missed out.
with his testament, had overlooked these pa- He has wisely made several copies of his
pers; the papers had legally been acquired by purchase receipt, in case it “goes missing”.
Martin, an antique-dealer, who makes a living Phoning Martin, I fully expect him to curse
from purchasing the secondary rights to clean the Jews for their underhand ways and wiles,
out people’s homes, and sorting the wheat but he does not.
from the chaff. He seems confident that in the long run he
The USHMM had also visited him before I will win, though he reflects that now he is be-
saw and inventoried these fifteen footlockers ing forced to pay for expensive lawyers – the
full of files, in the person of a Dr Mayer, and kind of cash which his opponents of course
there had been talk between them of paying can afford much more easily than he.
Martin around two million dollars for his his- I know the feeling.
January 17, 2002 (Thursday) sagte, tauchte plötzlich das FBI auf und bes-
chlagnahmte die ganze Sammlung! Darüber
This email goes to the Bundesarchiv: wird jetzt wohl vor den Gerichten verhandelt
Was die Rosenberg Akten aus dem Kempner- werden.
Nachlass in Philadelphia angeht, so habe ich
das wichtigste Aktenstück (handschriftl. KTB
Sonderstab Oldenburg) kopieren lassen, es ist in
meinem Besitz.
W ALT MARTIN spent a fortune fight-
ing his claim in the U.S. law courts. In
2003 the judge handed down, perhaps fittingly,
Das Holocaust-Museum hat sehr unehrlich a “Judgment of Solomon,” awarding half the
gehandelt: nachdem es dem Händler einen documents to him and half to the USHMM –
festen Betrag dafür angeboten hat, wie er mir with the museum being given the first pick.
We are indebted to Bjorn Hanssen for providing the unaltered continuous Diary transcript we
post at http://www.fpp.co.uk/Rosenberg/Alfred-Rosenberg-Diary.pdf (0.8MB)