Nuremberg Trial
After Hitler's death, Speer offered his services to the so-called Flensburg Government, headed by Hitler's successor, Karl Dönitz, and took a significant role in that short-lived regime. On May 15, the Americans arrived and asked Speer if he would be willing to provide information on the effects of the air war. Speer agreed, and over the next several days, provided information on a broad range of subjects. On May 23, two weeks after the surrender of German troops, the Allies arrested the members of the Flensburg Government and brought Nazi Germany to a formal end.
Speer was taken to several internment centers for Nazi officials and interrogated. In September 1945, he was told that he would be tried for war crimes, and several days later, he was taken to Nuremberg and incarcerated there. Speer was indicted on all four possible counts: first, participating in a common plan or conspiracy for the accomplishment of crime against peace, second, planning, initiating and waging wars of aggression and other crimes against peace, third, war crimes, and lastly, crimes against humanity.
U.S. Supreme Court Justice Robert Jackson, the chief U.S. prosecutor at Nuremberg, alleged, "Speer joined in planning and executing the program to dragoon prisoners of war and foreign workers into German war industries, which waxed in output while the workers waned in starvation." Speer's attorney, Dr. Hans Flächsner, presented Speer as an artist thrust into political life, who had always remained a non-ideologue and who had been promised by Hitler that he could return to architecture after the war. During his testimony, Speer accepted responsibility for the Nazi regime's actions:
In political life, there is a responsibility for a man's own sector. For that he is of course fully responsible. But beyond that there is a collective responsibility when he has been one of the leaders. Who else is to be held responsible for the course of events, if not the closest associates around the Chief of State?An observer at the trial, journalist and author William L. Shirer, wrote that, compared to his codefendants, Speer "made the most straightforward impression of all and ... during the long trial spoke honestly and with no attempt to shirk his responsibility and his guilt". Speer also testified that he had planned to kill Hitler in early 1945 by dropping a canister of poison gas into the bunker's air intake. He said his efforts were frustrated by a high wall that had been built around the air intake. Speer stated his motive was despair at realizing that Hitler intended to take the German people down with him. Speer's supposed assassination plan subsequently met with some skepticism, with Speer's architectural rival Hermann Giesler sneering, "the second most powerful man in the state did not have a ladder."
Speer was found guilty of war crimes and crimes against humanity, though he was acquitted on the other two counts. On October 1, 1946, he was sentenced to 20 years' imprisonment. While three of the eight judges (two Soviet and one American) initially advocated the death penalty for Speer, the other judges did not, and a compromise sentence was reached "after two days' discussion and some rather bitter horse-trading".
The court's judgment stated that:
... in the closing stages of the war was one of the few men who had the courage to tell Hitler that the war was lost and to take steps to prevent the senseless destruction of production facilities, both in occupied territories and in Germany. He carried out his opposition to Hitler's scorched earth program ... by deliberately sabotaging it at considerable personal risk.Twelve of the defendants were sentenced to death (including Bormann, in absentia) and three acquitted; only seven of the defendants were sentenced to imprisonment. They remained in the cells at Nuremberg as the Allies debated where, and under what conditions, they should be incarcerated.
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