Abstract

Carl Schmitt was arrested by the Russians in Berlin in April 1945, interrogated and released. In September 1945 he was arrested by the Americans and held in internment camps until March 1947, when he was brought to Nuremberg as a potential defendant in the War Crimes Trials. Although he was released in a matter of weeks without being charged, this episode has created further suspicion about Schmitt's role in the Third Reich. Without oversimplifying the complexity of the question, since everything about this enigmatic jurist and political thinker defies simple or even concise explanation, the decision to interrogate him at Nuremberg was largely due to the infamous reputation he had acquired abroad.