The Advisory Board’s Recommendations Clause Samples

The Advisory Board’s Recommendations. The Advisory Board submitted its report to ▇▇▇▇▇▇ on August 28. Not surprisingly, the Board disagreed with the vast majority of the sentences imposed by the tribunals and affirmed by General ▇▇▇▇, recommending that ▇▇▇▇▇▇ commute the sentences of 7 of the 15 defendants sentenced to death and reduce the sentences of 77 of the 90 defendants sentenced to terms of imprisonment.111 Many of the suggested reductions were significant, such as the Board‘s recommendation that ▇▇▇▇▇▇ reduce ▇▇▇▇▇‘s sentence from life to 15 years112 and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇‘s sentence – imposed because the Einsatzkommando he commanded had executed hundreds of Jews – from life to 10 years. Even more dramatically, the Board recommended that ▇▇▇▇▇▇ commute ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇‘s death sentences to time served.113 Both ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇ (a descendant of the legendary composer) were high-ranking officers in ▇▇▇▇▇▇▇▇▇‘s Einsatzgruppe D, which ▇▇▇▇▇▇▇▇▇ admitted had killed more than 90,000 Jews. The Advisory Board‘s recommendations met significant resistance from U.S. officials involved in the war-crimes program. ▇▇▇▇ ▇▇▇▇▇▇▇, a State Department official who had been one of ▇▇▇▇‘s legal advisers for the sentence reviews, believed that the proposed reductions were so lenient – particularly ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇‘s – that they would undermine the legitimacy of the NMTs.114 ▇▇▇▇▇▇ ▇▇▇▇▇, HICOG‘s general counsel and ▇▇▇▇▇▇‘s trusted advisor, was even more critical. He agreed with ▇▇▇▇▇▇▇ about the potential impact of the report: ―certain statements by the Board suggest that they have striven to be as lenient as possible, and I am concerned lest the report as a whole create the impression of a repudiation of the Nuremberg trials.‖ He was particularly incensed by the Board‘s recommendation of clemency for ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, and ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, defendants in High Command, because of their ―alleged subordinate positions‖ – as he pointed out, ▇▇▇ ▇▇▇▇▇▇▇▇ was a Field Marshal and ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇ were Lieutenant Generals.115 And he was so disturbed by the Board‘s soft-pedaling of the crimes committed by the defendants in the Medical case and Einsatzgruppen that he directed 109 ▇▇▇▇▇▇▇▇, AMERICA’S GERMANY, 164. The Board referred to the trial record “in only two or three instances.” ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ and Landsberg, 446. 110 ▇▇▇▇▇, 370-71. 111 Cited in ▇▇▇▇▇▇, ▇▇▇▇▇▇’▇ GENERALS, 163. 112 Advisory Board on Clemency Report, 28 Aug. 1950, TTP-5-3-2-11, at 3. 113 ▇▇▇▇, 283. ...