862.00/11–2246: Telegram

Mr. Donald Heath, Chargé in the Office of the United States Political Adviser for Germany (Murphy), to Mr. Murphy

top secret

2695. Personal for Ambassador Murphy only. Following is gist of instructions drafted for despatch to General Muller:

Military Government has not intervened in the controversies about Dr. Josef Mueller which have occurred during the past months, because of its policy of neutrality towards all authorized parties and of noninterference in election campaigns. Without careful investigation as to their truth or falsity, the nature of these charges is such that they cannot be dismissed. Of necessity, such investigations will involve [Page 698] a Spruchkammer12 action. Military Govt revokes its approval of Mueller given in October 1945 and February–March 1946. He is prohibited effective immediately from further participation in governmental or party activity pending outcome of investigations. End paraphrase draft inductions.

Above would be issued December 2. It is held de-Nazification proceedings would be called for and that Josef Mueller himself might institute them if trial not demanded by Military Govt.

It is more important than ever that above is for your personal information only since Keating has decided to accept responsibility of his position without notifying others. We have not yet concurred in proposal13 and can represent your views if transmitted immediately.

  1. Denazification board.
  2. Telegram 2716, November 23, from Berlin, for Mr. Murphy, reported Mr. Heath’s concurrence in the draft instructions and reads as follows: “We have concurred in instructions to General Muller regarding Dr. Joseph Mueller subject to suggestion that in view of previous Military Government approval Josef Mueller be informed of proposed action a few hours before announcement, but in any event after closing of polls (mytel 2695, November 22). It is agreed here that some kind of investigation and procedure is required to obviate criticism that would arise from permitting a man of Mueller’s controversial status to become Minister President without further scrutiny. Proposal is being kept Top Secret, since it not excluded that if CSU were informed it would call upon its voters to defeat Bavarian constitution.” (862.00/11–2346.