862.002 Hitler, Adolf/22

Memorandum by the Assistant Chief of the Division of Western European Affairs (Hickerson)

Dr. Leitner, Counselor of the German Embassy, came in to see me this afternoon and showed me a newspaper clipping from the New York Times in regard to the proposed “mock trial” of the German Chancellor on March 7. Dr. Leitner said that the Ambassador had telephoned him from New York asking him again to bring this matter to the attention of the Department and to express the hope that the Government could do something to prevent this trial because of its lamentable effect on German public opinion if it should take place. I told Dr. Leitner that in view of our constitutional guarantees of freedom of expression, I could see no action in the matter which the Federal Government could properly take. He went over the list of persons who are to appear in the trial and remarked that several of the persons are “close to the President”, but I reminded him that no person connected with the Federal Government is listed as having any part in the proposed trial. Dr. Leitner said that if the circumstances were reversed the German Government would certainly find a way of “stopping such a proceeding”. I replied that it is my understanding that the German Government is not so limited in the action which it can take in such matters as is the American Government.

John Hickerson