862.00/12–1646: Telegram

The United States Political Adviser for Germany (Murphy) to the Secretary of State

secret

2912. After conferences with CDU and CSU Representatives including Jakob Kaiser18 and Josef Mueller who came Berlin at General [Page 700]Clay’s invitation, it was decided to issue press release to effect that pending outcome of current investigation of Mueller, he would be permitted retain his position of Chairman of Bavarian CSU. He was yesterday reelected to that office by vote of 327 of the 430 members attending Party State Convention at Eichstaett. Also he is permitted retain his seat in Bavarian Landtag.

As it appears obvious that Mueller may be choice of his party for position of Minister President of Bavaria, an agreement was reached by General Clay and myself with Mueller that he will refrain from taking office, if elected according to the procedure laid down in Bavarian Constitution, until he is either cleared of charge recently made against him by the public prosecutor at Munich (relating to his activity in the Abwehr) or until he is found guilty. In the latter case of course he would be ineligible hold public office and would retire. If cleared he will assume the office.

We feel it of considerable importance in formulation of first freely elected State Government in Germany since 1933 that proceedings be free from our intervention if at all possible.

It is expected Mueller will appear before the denazification tribunal shortly. His defense will be that he used his position in the Abwehr to promote German withdrawal from the war incident to July 20th abortive Putsch. (Secret [:] what he will be unable to testify is he supplied intelligence material to Allied contacts as this would be source of embarrassment.)

In the foregoing connection, Allen Dulles (former head of the OSS organization in Switzerland during war) confirmed to me recently in New York that Mueller had given valuable cooperation in a number of instances.

It also appears that CSU will attempt to form new Bavarian Government out of its own resources without recourse to the SPD.

Mueller also stated that appropriate provision will be made for Dr. Hoegner (SPD) now resigned as Bavarian Minister President. Hoegner, as Department is aware, has given excellent cooperation to Military Government since his appointment as Minister President in October 1945.

Murphy
  1. Jakob Kaiser, Chairman of the Christian Democratic Union (CDU), in the Soviet Zone of Occupation.