I have read the above questions and answers as written and swear that the statements are true and correct. This affidavit is signed by me voluntarily and without any compulsion at Nurnberg, Germany, 9 April 1946.

s/ R. Mildner t/ Dr. Rudolf Mildner.

Subscribed to and sworn before me this 9th day of April 1946.

s/ Smith W. Brookhart Jr. t/ Smith W. Brookhart Jr. Lt. Colonel, IGD

TRANSLATION OF AFFIDAVIT L

CROSS-AFFIDAVIT OF WILHELM HOETTL

I, the undersigned, Dr. Wilhelm Hoettl, make the following affidavit in response to cross-interrogation relating to an affidavit executed by me on 30 March 1946 answering questions put by Dr. Kaufmann for presentation to the International Military Tribunal.

1. With respect to question No. 3., please give the following information:

a. Explain the basis of your statement that when persons belonging to the SD were transferred to Einsatz Kommandos of the SIPO and SD, they resigned from the SD; your attention is invited to the fact that Ohlendorf, the head of the SD, has testified to the contrary.

b. Explain the basis for your statement that Einsatz Kommandos had nothing to do with executions. Your attention is invited to the fact that your testimony in this regard is likewise in direct conflict with the head of the SD, Ohlendorf.

c. What was Hitler's so-called "Commissar-order" and when did you first acquire knowledge of this order?

With respect to la: In my affidavit I did not speak of a permanent separation from the SD but of a leave of absence for the time of activity with an Einsatzkommando. By that was meant that they did not exercise their SD functions during this time but that this function was inactive.

With respect to 1b: My affidavit appears to have been misunderstood concerning this point. I did not state that Einsatzkommandos had nothing to do with executions but only that not all Einsatzkommandos were concerned with executions. I mentioned as an example the Einsatzkommandos in Africa, Hungary, Slo

vakia. In connection with that, I said that these Einsatzkommandos had nothing to do with executions; by that I meant not directly with the actual executions [Note: with the actual killing].

With respect to 1c: I, myself, do not know the so-called "Commissar Order" of Hitler. Dr. Stahlecker, who commanded an Einsatzgruppe of the SIPO and the SD in Russia, told me in Summer of 1942 that the executions of Commissars and Jews were carried out because of the "Commissar Order" wherein the extermination of the Jews, as the bearers of Bolshevism, was established.

2. With respect to Question 4, is it not a fact that Heydrich, as Chief of SIPO and SD, gave the initial instructions to Eichmann concerning the extermination of Jews, that in the RSHA, Eichmann's immediate superior was Mueller, Chief of the Gestapo; that Mueller was first the deputy of Heydrich and later of Kaltenbrunner?

With respect to 2: Yes, I heard from Eichmann, probably in August 1944, that Heydrich had given him these directives.

It is also correct that Mueller, Chief of the Gestapo, was Eichmann's immediate superior. As far as I know, Mueller was the deputy of Heydrich and later of Kaltenbrunner only on the sector of the Gestapo, as likewise were the other AMT Chiefs of their sectors.

3. With respect to Question 5, is it not a fact that you know from your discussions with Kaltenbrunner and with Eichmann that they came from the same community in Austria and were exceptionally close friends; that Eichmann always had direct access to Kaltenbrunner and that they frequently conferred together; that Kaltenbrunner was well pleased with the manner in which Eichmann carried out his duties; that Kaltenbrunner was very interested in the extermination work performed by Eichmann, that you personally know that Kaltenbrunner went to Hungary for the purpose of discussing the extermination program in Hungary with officials of the Hungarian Government and with Eichmann and other members of his staff in Hungary? Please confirm or correct these statements and make any statement necessary to clarify your answer.

With respect to 3: I heard from Eichmann that he knew Kaltenbrunner from Linz and that they served together in 1932 in an SS Sturm [Company] there. I do not know that they were extraordinarily close friends or that Eichmann always had direct access to Kaltenbrunner and that they conferred frequently.

I do not know the details about their official relationship. I do not know whether Kaltenbrunner also had conferences concerning the program of extermination of Jews in Hungary during his stays in Hungary in Spring of 1944. Winkelmann, the former Higher SS and Police Leader in Hungary, must know exactly about that, since, according to my knowledge, he visited the persons of the Hungarian Government together with Kaltenbrunner.

4. With respect to Question 6:

a. Is it not known to you that Mueller, Chief of the Gestapo, always conferred with Kaltenbrunner on matters of importance relating to the functions of his office, particularly with respect to executions of special inmates?

b. Did you know that Kaltenbrunner was the Higher SS and Police Leader and State Secretary for Security in Austria after the Anschluss until his appointment as Chief of the RSHA, a period of five years, and during which time his attention was devoted exclusively to Police and Security matters?

c. What is the basis of your statement that the intelligence service took up the main part of Kaltenbrunner's attention and all his interest?

With respect to 4a: Details concerning the official relationship between Mueller and Kaltenbrunner are not known to me. However, I could note on several occasions that Mueller was with Kaltenbrunner to report about the work of his department.

With respect to 4b: Kaltenbrunner was not exclusively occupied with police and security matters during his activity as Higher SS and Police Leader in Austria or as State Secretary for Security respectively. Without a doubt he had political interests besides, since the Higher SS and Police Leaders were the repre-. sentatives of Reichsfuehrer SS Himmler in all matters.

With respect to 4c: I could note that by virtue of my official relationship with him, members of other departments also frequently expressed themselves in the direction that he favored and furthered AMT III, and particularly AMT VI and MIL.

5. With respect to Question 7, answer the following:

a. What did you personally have to do with concentration camps and what, therefore, is the basis for your answer to this question? b. Did you know that all orders for commitments to, release from, and executions in concentration camps came from the RSHA?

c. Did you know that the RSHA gave direct orders to com