MEMORANDUM 14 April 1948 TO:Mr. Frank S. Tavenner FROM: Arthur A. Sandusky SUBJECT: Misstatements, etc. in SHIRATORI Summation (Defense document 3101A through L) requiring reply. MISSTATEMENTS l) Summation document 3101-A, Page 9. By interpreting one sentence out of its context, the Defense has misconstrued the following statement in the Prosecution general summation (paragraph K4, lia¬bility of defendants): "OSHIMA and SHIRATORI have not been charged for any aggressive acts committed or statements made prior to the time they became formu-lators of national policy." At page 9 of summation document 3101-A, the Defense interprets this to mean that the Prosecution is not charging SHIRATORI for any aggressive acts committed or statements made prior to his appointment as ambassador to Italy when he volunteered to become a formulator of national policy. This, they submit, is inconsistent with the Prosecution charges made and evidence presented with respect to acts and events prior to SHIRATORI's ambassadorship. In reply, it seems necessary only to point out that a full reading of paragraph K4 shows that it deals exclu¬sively with the claim of diplomatic immunity for ambassadors. The statements there made do relate to SHIRATORI in his role as ambassador but they were not in any way intended to limit the charges against SHIRATORI to those arising out of his ambassadorship. It is noted that at page 16 of summation document 3101-B the Defense again relies on their misconstruction of the quoted sentence from paragraph K4. 2) Summation document 3103-G, pages 17-18. In this section, the Defense attempt to explain away the discrepancy In witness SAITO's testimony set forth by the Prosecution in UU-82 of the SHIRATORI summation wherein it was pointed out that SAITO's story on the