862.00/11–2246: Telegram

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

top secret

2340. Personal for Heath from Murphy. Reurtel 2695 November 22 regarding Josef Mueller. Plan suggested in your 2694 seems sound to me. Mueller is subject like any other German to regular denazification procedure and Military Govt should interfere as little as possible. If there has been oversight on part MG in reviewing his status before he was permitted engage in party political activity that is unfortunate. However, should occasion arise it would seem preferable that oversight should be admitted as such rather than to give appearance concealment. We should also, it seems to me, carefully avoid any step that would look like pre-judgment his case. It is remembered that his predecessor was removed as titular head CSU in Bavaria by MG.14 If appearance arbitrary action were given in Mueller’s case, MG might be accused discrimination against CSU as [Page 699]a party. Mueller could pose as a martyr and make political capital out circumstance.15

  1. Reference is to Fritz Schaeffer; for a report on his removal as provisional Minister President of Bavaria by U.S. Military Government, see telegram 680, October 3, 1945, from Berlin, Foreign Relations, 1945, vol. iii, p. 971.
  2. Mr. Heath’s telegram 2771, December 2, from Berlin, indicated to Mr. Murphy that General Clay had intervened to order cancellation of action against Josef Mueller (862.00/12–246).