Trial of the Major War Criminals Before the International Military Tribunal_ Nuremburg_ 14 November 1945-1 October 1946_ Volume 04 Various 1146 downloads.pdf

The Project Gutenberg eBook of Trial of the Major War
Criminals Before the International Military Tribunal,
Nuremburg, 14 November 1945-1 October 1946, Volume 04
This eBook is for the use of anyone anywhere in the United States and most
other parts of the world at no cost and with almost no restrictions
whatsoever. You may copy it, give it away or re-use it under the terms of
the Project Gutenberg License included with this eBook or online at
www.gutenberg.org. If you are not located in the United States, you will
have to check the laws of the country where you are located before using
this eBook.

Title: Trial of the Major War Criminals Before the International Military
Tribunal, Nuremburg, 14 November 1945-1 October 1946,
Volume 04

Author: Various

Release date: March 31, 2017 [eBook #54460]
Most recently updated: October 23, 2024

Language: English

Other information and formats: www.gutenberg.org/ebooks/54460

Credits: Produced by Larry Harrison, Cindy Beyer, and the online
Project Gutenberg team at
http://www.pgdpcanada.net with images provided by TIA-US.

*** START OF THE PROJECT GUTENBERG EBOOK TRIAL OF THE
MAJOR WAR CRIMINALS BEFORE THE INTERNATIONAL
MILITARY TRIBUNAL, NUREMBURG, 14 NOVEMBER 1945-1
OCTOBER 1946, VOLUME 04 ***

TRIAL
OF

THE MAJOR WAR CRIMINALS
BEFORE

THE INTERNATIONAL
MILITARY TRIBUNAL
NUREMBERG
14 NOVEMBER 1945-1 OCTOBER 1946

P U B L I S H E D AT N U R E M B E R G , G E R M A N Y
1947

This volume is published in accordance with the
direction of the International Military Tribunal by
the Secretariat of the Tribunal, under the jurisdiction
of the Allied Control Authority for Germany.

VOLUME IV

OFFICIAL TEXT
IN THE

ENGLISH LANGUAGE

PROCEEDINGS
17 December 1945 — 8 January 1946

CONTENTS

Twenty-first Day, Monday, 17 December 1945,
Morning Session 1
Afternoon Session 29

Twenty-second Day, Tuesday, 18 December 1945,
Morning Session 66
Afternoon Session 99

Twenty-third Day, Wednesday, 19 December 1945,
Morning Session 132
Afternoon Session 161

Twenty-fourth Day, Thursday, 20 December 1945,
Morning Session 194
Afternoon Session 228

Twenty-fifth Day, Wednesday, 2 January 1946,
Morning Session 253
Afternoon Session 286

Twenty-sixth Day, Thursday, 3 January 1946,
Morning Session 308
Afternoon Session 340

Twenty-seventh Day, Friday, 4 January 1946,
Morning Session 374
Afternoon Session 407

Twenty-eighth Day, Monday, 7 January 1946,
Morning Session 440
Afternoon Session 475

Twenty-ninth Day, Tuesday, 8 January 1946,
Morning Session 506
Afternoon Session 539

TWENTY-FIRST DAY
Monday, 17 December 1945

Morning Session
THE PRESIDENT (Lord Justice Sir Geoffrey Lawrence): I have four
announcements to make on behalf of the Tribunal. I will read those
announcements now and they will be posted upon the board in the
defendants’ counsel’s Information Center in German as soon as possible.
The first announcement is this:
The attention of the Tribunal has been drawn to publications in the press
of what appear to have been interviews with some of the defendants in this
case, given through the agency of their counsel. The Tribunal considers it
necessary to state with the greatest emphasis that this is a procedure which
cannot and will not be countenanced. Therefore, counsel are warned that
they should observe the highest professional standards in such matters and
should not use the opportunity afforded to them of conferring freely with
their clients to act in any way as intermediaries between the defendants and
the press, and they must exercise the greatest professional discretion in
making any statement on their own behalf.
The Tribunal recognizes that in a trial of this kind, where the public
interest is world-wide, it is in the highest degree important that all those
who take part in the trial in any capacity whatever should be aware of their
responsibility to see that nothing is done to detract from the proper conduct
of the proceedings.
The press of the world is rendering a very great service in giving
publicity to the proceedings of the Tribunal, and the Tribunal feels that it

may properly ask for the co-operation of all concerned to avoid anything
which might conflict with the impartial administration of justice.
The second announcement that I have to make is this:
The Tribunal understands that the counsel appointed under Article 9 of
the Charter are in doubt whether they have been appointed to represent the
groups and organizations charged in the Indictment as criminal or to
represent individual applicants who have applied to be heard under the said
article.
The Tribunal directs that counsel represent the groups and organizations
charged, and not the applicants. As the Tribunal has already directed,
counsel will be entitled to call as witnesses representative applicants and
may also call other persons whose attendance may be ordered by the
Tribunal. Application to call any witness must be made in the ordinary way.
The evidence of such witnesses and the arguments of counsel must be
confined to the question of the criminal nature of the group or organization.
Counsel will not be entitled to call evidence or to discuss any question as to
the individual responsibility of particular applicants, except in so far as this
may bear upon the criminal character of the organizations. Counsel will be
permitted, as far as possible, to communicate with applicants in order to
decide what witnesses they wish to apply to call.
The third announcement is this:
The Chief Prosecutor for the United States has requested the Tribunal to
make a change in its formal order which provided that only such portions of
documents which are read in court would be admitted as evidence. In order
to meet the needs, so far as possible, of the members of the Tribunal, of the
Prosecution, and of counsel for the defendants to have before them all the
evidence in the case, the Tribunal, having carefully considered the request,
makes the following order:
All documents may be filed in court. The Tribunal shall only admit in
evidence, however:
1. Documents or portions of documents which are read in court;
2. Documents or portions of documents which are cited in court, on the
condition that they have been translated into the respective languages of the
members of the Tribunal for their use and that sufficient numbers in
German are filed in the Information Center for the use of Defense Counsel.
This does not apply to the documents of which the Court will take
judicial notice, in accordance with Article 21 of the Charter; and the

Prosecution and the defendants will be at liberty to read those documents or
to refer to them without reading them.
Trial briefs and document books may be furnished to the Tribunal if
sufficient copies thereof are, at the same time, filed for Defense Counsel in
the Information Center. As far as possible, these should be furnished in
advance of their introduction in court. In order to permit the Interpretation
and Translation Division to make translations in time, it is suggested that all
documents be submitted to the division at least 5 days before they are to be
offered in evidence.
This is the fourth announcement:
The Tribunal has passed upon a number of applications for witnesses.
Some of these have been granted, subject to their evidence being relevant.
Some have been declined. And in some cases orders have been made that
the witness be alerted; that is to say, that if he can be located, he be advised
to hold himself in readiness to come here as a witness, if the application is
granted.
It is the desire of the Tribunal to secure for the defendants those
witnesses who are material and relevant to their defense. To prevent the
unnecessary prolonging of the Trial, however, it is clear that the witnesses
whose testimony is irrelevant or merely cumulative should not be
summoned. At the conclusion of the Prosecution’s testimony, the Tribunal
shall hear from defendants’ counsel as to which of the witnesses granted or
alerted they think necessary to bring here to testify. At that time, the
Tribunal may hear from them further as to any witnesses that have been
declined, if in view of the case, it then appears to the Tribunal that the
testimony of such witnesses is material and not cumulative.
Counsel appearing for any defendant may question any other defendant
as to any relevant matter, and may interrogate him as a witness for that
purpose. If the other defendant takes the stand in his own behalf, the right
shall be exercised at the conclusion of his testimony.
Examination of witnesses called by other defendants: The same person
has been asked as a witness by a number of defendants in some cases. It is
only necessary that such witness be called to the stand once. He may then
be interrogated by counsel for any defendant as to any material matter.
That is all.
I call on counsel for the United States.

CAPTAIN SAMUEL HARRIS (Assistant Trial Counsel for the United
States): May it please the Tribunal, we are resuming the presentation of
evidence of the conspirators’ plans for Germanization and spoliation.
The next general subject upon which we propose to introduce evidence
is the conspirators’ plans for the spoliation and Germanization of the Soviet
Union.
As Mr. Alderman has shown, the invasion of the Soviet Union was the
culmination of plans meticulously laid by the conspirators. We wish now to
introduce evidence upon the conspirators’ plans for the exploitation and
Germanization of the Soviet Union after their anticipated conquest. The
Chief Prosecutor for the Soviet Union will demonstrate what the execution
of these plans meant in terms of human suffering and misery. We submit
that the few exhibits which we propose to offer at this time will show the
following:
1. The conspirators planned to remove to Germany all foodstuffs and
raw materials from the south and southeast of the Soviet Union over and
above the needs of the Nazi invading forces and the absolute minimum
necessary to supply the bare needs of the people in these particular regions,
who produced the materials which were to be removed to Germany. This
region had previously supplied the northern area of the Soviet Union, which
the conspirators called the forest zone. The latter zone embraced some of
the leading industrial areas of the Soviet Union, including Moscow and
Leningrad.
2. They deliberately and systematically planned to starve millions of
Russians. Starvation was to be accomplished by the following means:
a. As indicated under point 1, products from the south and southeast of
the Soviet Union, which ordinarily were sent to the industrial regions of the
north, were to be forcibly diverted to Germany. Moreover, all livestock in
the industrial regions was to be seized for use by the Wehrmacht and the
German civilian population. The necessary consequence was that the
population of the northern regions would be reduced to starvation.
b. They established the following order of priority in which food
produced by the Russians would be allocated:
First, the combat troops; second, the remainder of troops in enemy
territory; third, troops stationed in Germany; fourth, the German civilian
population; and lastly, the population of the occupied countries.

Thus even Russians in the food surplus area of the Ukraine, who were
not essential to the production of products for the German war machine,
were to be systematically starved.
3. They planned the permanent destruction of all industry in the
northern area of the Soviet Union in order that the remnants of the Russian
population would be completely dependent upon Germany for their
consumer goods.
4. They planned to incorporate a part of Galicia and all of the Baltic
countries into Germany and to convert the Crimea, an area north of the
Crimea, the Volga territory, and the district around Baku into German
colonies.
I now turn to the specific items of proof.
I first offer in evidence Document Number EC-472, Exhibit Number
USA-315. This document is offered for the particular purpose of showing
the status and functions of the Economic Staff East, Group La. The exhibit
which we shall next offer in evidence was prepared by this organization.
Document Number EC-472 is a directive issued by Defendant Göring’s
office for “The Operation of the Economy in the Newly Occupied Eastern
Territories.” It is the second edition and it is dated Berlin, July 1941. The
first edition was obviously published some time before July 1941. The
document was found among the captured OKW files at Fechenheim.
Under this directive, Defendant Göring established the Economic
Executive Staff East, which was directly responsible to him, and under it
created the Economic Staff East. The Economic Staff East, in turn, was
subdivided into four groups: The Chief of the Economic Staff, Group La,
Group W, and Group M. I now quote from Page 2, lines 7-9 of the English
text; in the German text it is at Page 7, lines 7-9. I quote:
“Group La. Sections for nutrition and agriculture, allotment of all
agricultural products, provision of food supplies for the Army, in
accordance with the competent army services.”
I next offer in evidence Document Number EC-126, which is Exhibit
Number USA-316. This is a report dated 23 May 1941, which was before
the invasion of the Soviet Union. It was found among the captured files of
the OKW. It is entitled, “Economic Policy Directives for Economic
Organization East, Agricultural Group.” It was prepared by the Economic
Staff East, Group La, the Agricultural Group, which as shown by the exhibit

introduced a moment ago, was an important part of the organization which
Defendant Göring established to formulate plans for the economic
administration of Russia.
The underscoring in the English text merely reflects the underscoring in
the original.
The document begins by a recitation of facts pertaining to the
production of agricultural products in the Soviet Union. It states that the
grain surplus of Russia is determined by the level of domestic consumption
and that this fact affords the basis upon which the planners must predicate
their actions and economic policy. I now quote from the sixth and seventh
paragraphs of Page 2 of the English text. The German text is the last three
lines of Page 3 and the first five lines of Page 4. I quote:
“The surplus territories are situated in the black soil district (that
is in the south and southeast) and in the Caucasus. The deficit
areas are principally located in the forest zone of the North
(podsol-soil district). Therefore, an isolation of the black soil
areas will in any case place greater or lesser surpluses in these
regions at our disposal. The consequences will be cessation of
supplies to the entire forest zone, including the essential industrial
centers of Moscow and Leningrad.”
Next, I quote from the last 11 lines of Page 2 and all of Page 3 of the
English text. The German text begins in the middle of line 6 of Page 5 and
continues through to line 29 of Page 6. I quote:
“This”—the cessation of supplies—“means:
“1. All industry in the deficit area, particularly the manufacturing
industries in the Moscow and Leningrad regions as well as the
Ural industrial regions will be abandoned. It may be assumed that
these regions today absorb an annual 5 to 10 million tons from the
food production zone.
“2. The Trans-Caucasian oil district will have to be excepted,
although it is a deficit area. This source of oil, cotton, manganese,
copper, silk, and tea must continue to be supplied with food in
any case, for special political and economic reasons.
“3. No further exception, with a view to preserving one or the
other industrial region or industrial enterprise, must be permitted.

“4. Industry can only be preserved insofar as it is located in the
surplus region. This applies, apart from the above-mentioned oil
field regions in the Caucasus, particularly to the heavy industries
in the Donets district (Ukraine). Only the future will show to what
extent it will prove possible to maintain in full these industries,
and in particular the Ukrainian manufacturing industries, after
the withdrawal of the food surplus required by Germany.
“The following consequences result from this situation, which has
received the approval of the highest authorities, since it is in
accord with the political tendencies (preservation of the Little
Russians, preservation of the Caucasus, of the Baltic provinces, of
White Russia, to the prejudice of the Great Russians):
“I. For the forest zone:
“a) Production in the forest zone (the food-deficit area) will
become ‘naturalized,’ similar to the events during the World War
and the Communist tendencies of the war, and so forth—namely,
agriculture in that territory will begin to become a mere ‘home
production.’ The result will be that the planting of products
destined for the market, such as flax and hemp in particular, will
be discontinued; and the area used therefor will be taken over for
products for the producer (grain, potatoes). Moreover,
discontinuance of fodder deliveries to that area will lead to the
collapse of the dairy production and of pig-producing in that
territory.
“b) Germany is not interested in the maintenance of the
productive power of these territories, except for supplying the
troops stationed there. The population, as in the old days, will
utilize their land for growing their own food. It is useless to
expect grain or other surpluses to be produced. Only after many
years can these extensive regions be intensified to an extent that
they might produce genuine surpluses. The population of these
areas, in particular the urban population, will have to face most
serious distress from famine. It will be necessary to divert the
population into the Siberian spaces. Since rail transport is out of
the question, this too, will be an extremely difficult problem.

“c) In this situation, Germany will only draw substantial
advantages by quick, non-recurrent seizure—that is, it will be
vitally necessary to make the entire flax harvest available for
German needs, not only the fibers but also the oleaginous seeds.
“It will also be necessary to utilize for German purposes the
livestock which has no fodder base of its own—that is, it will be
necessary to seize livestock holdings immediately and to make
them available to the troops, not only for the moment but in the
long run, and also for exportation to Germany. Since fodder
supplies will be cut off, pig and cattle holdings in these areas will
of necessity drastically decline in the near future. If they are not
seized by the Germans at an early date, they will be slaughtered
by the population for their own use, without Germany getting
anything out of it.”
That is the end of that particular quotation. Our next quotation is from
the first paragraph of Page 4 of the English text. The German text is at Page
7, the last two words of line 26 down to the beginning of line 31:
“It has been demanded by the Führer that the reduction of the
meat ration should be ended by fall. This can only be achieved by
the most drastic seizure of Russian livestock holdings,
particularly in areas which are in a favorable transport situation in
relation to Germany.”
In the interests of expedition, Your Honors, I am omitting some sections
from this last exhibit, which I had originally intended to quote.
I skip now to line 29 of Page 4 of the English text, beginning with the
underscored words “in the future,” and quote to line 48. In the German text
it is at Page 8, third line from the bottom, continuing to line 17 of Page 9:
“In the future, southern Russia must turn its face towards Europe.
Its food surpluses, however, can only be paid for if it purchases its
industrial consumer goods from Germany or Europe. Russian
competition from the forest zone must, therefore, be abolished.
“It follows from all that has been said that the German
administration in these territories may well attempt to mitigate the
consequences of the famine which undoubtedly will take place
and to accelerate the return to primitive agricultural conditions.

An attempt might be made to intensify cultivation in these areas
by expanding the acreage under potatoes or other important food
crops giving a high yield. However, these measures will not avert
famine. Many tens of millions of people in this area will become
redundant and will either die or have to emigrate to Siberia. Any
attempt to save the population there from death by starvation, by
importing surpluses from the black-soil zone, would be at the
expense of supplies to Europe. It would reduce Germany’s staying
power in the war and would undermine Germany’s and Europe’s
power to resist the blockade. This must be clearly and absolutely
understood.”
I next quote from Page 5, lines 18 to 30 of the English text. The German
text is at Page 12, lines 1 to 11.
“I. Supplies for the Army:
“Germany’s food situation in the third year of war demands,
imperatively, that the Wehrmacht, in all its provisioning, must not
live off Greater German territory or that of incorporated or
friendly areas from which this territory receives imports. This
minimum aim, the provisioning of the Wehrmacht from enemy
territory in the third year and if necessary in later years, must be
attained at any price. This means, that one-third of the
Wehrmacht must be fully provisioned by French deliveries to the
army of occupation. The remaining two-thirds (and even slightly
more in view of the present size of the Wehrmacht) must without
exception be provisioned from the Eastern areas.”
I now quote from Page 8 of the English text, the last nine lines. The
German text is at Page 18, lines 15 to 22:
“Thus it is not important, under any circumstances, to preserve
what has existed; but what matters is a deliberate turning away
from the existing situation and introducing Russian food
resources into the European framework. This will inevitably
result in an extinction of industry as well as a large part of the
people in what so far have been the food-deficit areas.”
It is impossible to state this alternative in sufficiently hard and severe terms.

My next quotation is from the first 10 lines of Page 9 of the English
text. The German text is at Page 19, lines 11 to 20:
“Our problem is not to replace intensive food production in
Europe through the incorporation of new space in the East, but to
replace imports from overseas by imports from the East. The task
is two-fold:
“1. We must use the Eastern areas for overcoming the food
shortages during and after the war. This means that we must not
be afraid of drawing upon the capital substance of the East. Such
an intervention is much more acceptable from the European
standpoint than drawing upon the capital substance of Europe’s
agriculture.”
Finally, I quote from the remainder of Page 9 to the end of the
penultimate paragraph of the English text. The German text appears at lines
24 to 31 of Page 19:
“2. For the future New Order, the food-producing areas in the
East must be turned into a permanent and substantial
complementary source of food for Europe, through intensified
cultivation and resulting higher yields.
“The first-named task must be accomplished at any price, even
through the most ruthless cutting down of Russian domestic
consumption, which will require discrimination between the
consuming and producing zones.”
It is submitted, Your Honors, that this document discloses, on its face, a
studied plan to murder millions of innocent people through starvation. It
reveals a program of premeditated murder of millions of innocent people
through starvation. It reveals a program of premeditated murder on a scale
so vast as to stagger the human imagination. Major Elwyn Jones, of the
British Delegation, will subsequently show that this plan was, in effect, the
logical culmination of general objectives clearly announced by Adolf Hitler
in Mein Kampf. Each defendant in the box was fully aware of these general
objectives when he committed the acts with which he is charged.
I next introduce in evidence a document no less damaging than the one I
have just quoted. This document is Number L-221, which is Exhibit
Number USA-317. This is a top-secret memorandum, dated 16 July 1941,

of a conference at the Führer’s headquarters, concerning the war in the East.
It seems to have been prepared by Defendant Bormann because his initials
appear at the top of Page 1. It was captured by the United States Counter-
Intelligence branch. The text of the memorandum indicates that the
conference was attended by Hitler, Lammers, and Defendants Göring,
Keitel, Rosenberg, and Bormann.
The exhibit is particularly important for the light it throws upon the
conspirators’ plans to germanize conquered areas of the Soviet Union. It is
important also for its disclosure of the utterly fraudulent character of the
whole Nazi propaganda program. It shows how the conspirators sought to
deceive the entire world; how they pretended to pursue one course of action
when their aims and purposes were to follow precisely the opposite course.
I first quote from Page 1 of the English text, beginning at line 14 of
Page 1 and continuing through to line 22 of Page 2. The German text is at
Page 1, beginning with the last paragraph and continuing through to line 19
of Page 3. I quote:
“A. Now it was essential that we did not publicize our aims
before the world, also there was no need for that; but the main
thing was that we ourselves knew what we wanted. By no means
should we render our task more difficult by making superfluous
declarations. Such declarations were superfluous because we
could do everything wherever we had the power, and what was
beyond our power we would not be able to do anyway.
“What we told the world about the motives for our measures
ought to be conditioned, therefore, by tactical reasons. We ought
to act here in exactly the same way as we did in the cases of
Norway, Denmark, Holland, and Belgium. In these cases, too, we
did not publish our aims; and it was only sensible to continue in
the same way.
“Therefore, we shall emphasize again that we were forced to
occupy, administer, and secure a certain area; it was in the interest
of the inhabitants that we provided order, food, traffic, and so
forth, hence our measures. Nobody shall be able to recognize that
it initiates a final settlement. This need not prevent our taking all
necessary measures—shooting, desettling, et cetera—and we
shall take them.

“But we do not want to make any people our enemies prematurely
and unnecessarily. Therefore we shall act as though we wanted to
exercise a mandate only. At the same time we must know clearly
that we shall never leave those countries. Our conduct therefore
ought to be:
“1) To do nothing which might obstruct the final settlement, but
to prepare for it only in secret; 2) To emphasize that we are
liberators.
“In particular: The Crimea has to be evacuated by all foreigners
and to be settled by Germans only.
“In the same way the former Austrian part of Galicia will become
Reich Territory. Our present relations with Romania are good, but
nobody knows what they will be at any future time. This we have
to consider, and we have to draw our frontiers accordingly. One
ought not to be dependent on the good will of other people. We
have to plan our relations with Romania in accordance with this
principle.
“On principle, we have now to face the task of cutting up the
giant cake according to our needs, in order to be able: First, to
dominate it; second, to administer it; and third, to exploit it.
“The Russians have now ordered partisan warfare behind our
front. This partisan war again has some advantage for us; it
enables us to eradicate everyone who opposes us.
“Principles: Never again must it be possible to create a military
power west of the Urals, even if we have to wage war for a
hundred years in order to attain this goal. Every successor of the
Führer should know security for the Reich exists only if there are
no foreign military forces west of the Urals. It is Germany who
undertakes the protection of this area against all possible dangers.
Our iron principle is and has to remain: We must never permit
anybody but the Germans to carry arms.”
I next quote from Page 3, lines 19 to 31 of the English text. In the
German text this is at the last 13 lines of Page 5:

“The Führer emphasizes that the entire Baltic country will have to
be incorporated into Germany.
“At the same time, the Crimea, including a considerable
hinterland (situated north of the Crimea), should become Reich
territory; the hinterland should be as large as possible.
“Rosenberg objects to this because of the Ukrainians living there.
“(Incidentally: It occurred to me several times that Rosenberg has
a soft spot for the Ukrainians; thus he desires to aggrandize the
former Ukraine to a considerable extent.)”
Departing from the text for just a moment, it may be noted
parenthetically that this was the only aspect of the program outlined by
Hitler at this meeting to which Rosenberg objected in any way. Resuming
the quotation:
“The Führer emphasizes furthermore that the Volga colony, too,
will have to become Reich territory, also the district around Baku;
the latter will have to become a German concession (military
colony).”
Thus the program, as outlined by the conspirators at this meeting of 16
July 1941, called for the unlawful incorporation of a part of Galicia and all
of the Baltic countries into Germany and for the unlawful conversion of the
Crimea and areas north of it, the Volga territory, and the district around
Baku, into German colonies.
In further support of this point, I invite the attention of Your Honors to
Document Number 1029-PS, already introduced in evidence by Mr.
Alderman as Exhibit Number USA-145. This document was not included in
our document book, Your Honors, but has been read into the record by Mr.
Alderman, Pages 1202 and 1203 (Volume III, Page 357). This document is
entitled, “Instructions for a Reich Commissar in Ostland.”
THE PRESIDENT: Where are you quoting from?
CAPT. HARRIS: Sir, it is not included in our document book, but it is
in the record. In the German text, the original of which we have here, it is at
Pages number 2 and 3:
“The aim of a Reich Commissar for Estonia, Latvia, Lithuania,
and White Ruthenia”—last two words added in pencil—“must be

to strive to achieve the form of a German protectorate and then
transform the region into part of the Greater German Reich by
germanizing racially possible elements, colonizing Germanic
races, and banishing undesirable elements. The Baltic Sea must
become a Germanic inland sea under the guardianship of Greater
Germany.”
I now offer in evidence Document Number EC-3, which is Exhibit
Number USA-318, which was likewise found among the captured OKW
files at Fechenheim. This document, Your Honors, is offered as direct proof
of the fact, to which we have previously referred, that even in the food-
surplus areas of the occupied regions of the Ukraine the conspirators
planned to allocate food on a basis which left virtually nothing for those
persons who were not engaged in the compulsory production of
commodities for the German war machine. This document, as well as
Document Number EC-126, which was introduced a few moments ago, and
others we offer should, it is submitted, be read in the light of the explicit
provision in Article 52 of the Hague Regulations of 1907, that requisitions
in kind and services shall not be demanded from municipalities or
inhabitants except for the needs of the army of occupation.
I first quote from our Page 3, lines 21 to 23 of the English text of EC-3.
In the German text it is Page 13, lines 1 to 3. The particular document from
which I am about to quote is a top-secret memorandum, dated 16 September
1941, concerning a meeting of German military officials presided over by
Defendant Göring. This is our Page 3, Sir, lines 21 to 23 of EC-3. The
memorandum was signed by General Nagel, liaison officer between
Defendant Göring’s Four Year Plan office and the OKW. I now quote:
“At this conference which was concerned with the better
exploitation of the occupied territories for the German food
economy, the Reich Marshal”—Göring—“called attention to the
following:”
I next quote from the first two paragraphs of Page 4 of the English text.
The German text is at Page 13, the third and fourth paragraphs:
“It is clear that a graduated scale of food allocations is needed.
“First in line are the combat troops, then the remainder of troops
in enemy territory, and then those troops stationed at home. The

rates are adjusted accordingly. The supply of the German non-
military population follows and only then comes the population of
the occupied territories.”
I now quote from another portion of this document, starting at Page 1 of
the English text. This is a memorandum, dated 25 November 1941, relating
to the general principles of economic policy in the newly-occupied Eastern
Territories as prescribed in a conference held in Berlin on 8 November
1941. This memorandum was also written by General Nagel. It is on the
stationery of the Liaison Staff of Supreme Headquarters, Armament
Procurement Office with the Reich Marshal Göring.
I quote from lines 13 to the bottom of Page 1.
THE PRESIDENT: Isn’t this document, the part you are going to read
now, merely cumulative to EC-126, which you have just read to us—that
economic policy directive?
CAPT. HARRIS: It affords further proof, Sir, of the conspirators’ plans
to exploit the Eastern Occupied areas. I can omit it, if you like, Sir.
THE PRESIDENT: It doesn’t seem to add anything.
CAPT. HARRIS: Very well, Sir. I shall pass on to the next point.
On 17 July 1941 Hitler and the Defendant Keitel issued a decree
appointing Defendant Rosenberg as the Reich Minister for the Occupied
Eastern Territories. This was the day following the meeting at the Führer’s
headquarters, which is reported in Document Number L-221 and from
which we have already quoted at length.
The decree appointing Rosenberg as Reich Minister for the Occupied
Eastern Territories is set forth in Document Number 1997-PS, which is
Exhibit Number USA-319; and I offer it in evidence. I quote from Articles 2
and 4 on Page 1 of this decree. The German text is at Pages 27 and 28,
Articles 2 and 4:
“The civil administration in the newly-occupied Eastern
Territories, where these territories are not included in the
administration of the territories bordering on the Reich or the
Government General, is subject to the Reich Minister for the
Occupied Eastern Territories.
“I appoint Reichsleiter Alfred Rosenberg as Reich Minister for
the Occupied Eastern Territories. He will hold office in Berlin.”

Defendant Rosenberg’s views well fitted him for this task as one of the
chief executioners of the conspirators’ plans in the Soviet Union. His views
were plainly expressed in a speech delivered on 20 June 1940 and are set
forth in Document Number 1058-PS, now Exhibit Number USA-147. I
refer Your Honors to the first three sentences of the English text. The
German text appears on Page 8, last five lines and continuing through to
line 2 of Page 9. In the speech Defendant Rosenberg stated, and I quote:
“The job of feeding the German people stands, this year, without
a doubt, at the top of the list of Germany’s claims on the East; and
here the southern territories and the northern Caucasus will have
to serve as a balance for the feeding of the German people. We
see absolutely no reason for any obligation on our part to feed
also the Russian people with the products of that surplus territory.
We know that this is a harsh necessity, bare of any feelings.”
I next offer in evidence Document Number EC-347, which is Exhibit
Number USA-320. This document was likewise found among the captured
files of the OKW. It contains a set of directives issued by Defendant
Rosenberg in his capacity as Reich Minister for the Occupied Eastern
Territories.
I quote from the first two full paragraphs of Page 1 of this exhibit. The
German text is at Page 39, Paragraphs 4 and 5. In these directives
Defendant Rosenberg stated, and I quote:
“The principal task of the civilian administration in the Occupied
Eastern Territories is to represent the interests of the Reich. This
basic principle is to be given precedence in all measures and
considerations. Therefore, the occupied territories, in the future,
may be permitted to have a life of their own in a form not as yet
to be determined. However, they remain parts of the Greater
German living space and are always to be governed according to
this guiding principle.
“The regulations of the Hague Convention on land warfare, which
concern the administration of a country occupied by a foreign
belligerent power, are not applicable, since the U.S.S.R. is to be
considered dissolved and, therefore, the Reich has the obligation
of exercising all governmental and other sovereign functions in

the interests of the country’s inhabitants. Therefore, any measures
are permitted which the German administration deems necessary
and suitable for the execution of this comprehensive task.”
THE PRESIDENT: Hasn’t that been read before?
CAPT. HARRIS: Not to my knowledge, Sir.
THE PRESIDENT: Very well.
CAPT. HARRIS: Implicit in Defendant Rosenberg’s statement that the
Hague Regulations are not applicable to the Soviet Union is the recognition
by him that the conspirators’ actions in the Soviet Union flagrantly violated
the Hague Regulations. The statement indicates that the conspirators were
utterly contemptuous of applicable principles of international law.
Mr. Dodd has already introduced into evidence Document 294-PS, now
Exhibit Number USA-185, in connection with the slave labor presentation.
This document is a top-secret memorandum, dated 25 October 1942, which
was found in Defendant Rosenberg’s files. It was written by Bräutigam,
who was a high official in Defendant Rosenberg’s Ministry for the
Occupied Eastern Territories. I should like to quote two additional passages
from this document. I quote from the English text Page 1, the first full
paragraph, line 17 to 20. The German text is at Page 1, the first full
paragraph, lines 22 to 25.
“In the East, Germany is carrying on a three-fold war: A war for
the destruction of bolshevism, a war for the destruction of the
Greater Russian empire, and finally a war for the acquisition of
colonial territory for colonizing purposes and economic
exploitation. . . .
“With the inherent instinct of the Eastern peoples, the primitive
man soon found out also that for Germany the slogan: ‘Liberation
from Bolshevism’ was only a pretext to enslave the Eastern
peoples according to her own methods.”
This completes, Your Honors, the list of the exhibits with respect to the
Soviet Union which we propose to introduce at this time. As I mentioned at
the outset of this presentation, these exhibits do not disclose all of the
conspirators’ plans with respect to the occupied countries but they do, we
submit, show a constant pattern, a pattern of ruthless Germanization and
destruction.

In conclusion we desire to offer in evidence two documents which
disclose that German industrialists and financiers aided and abetted
Himmler in his relentless program of Germanization, exploitation,
oppression, and destruction.
I first offer in evidence Document Number EC-454, which is Exhibit
Number USA-321. This document was found in the vaults of the Stein
Bank in Cologne among the files of the banker Baron Kurt von Schröder,
by a joint British-American team, headed by Colonel Kellam on the British
side and Captain Roth on the American side. It is a carbon copy of a letter
from Von Schröder to Himmler, dated 27 August 1943, and bears Von
Schröder’s initials. I quote it in its entirety:
“My very honorable Reichsführer: With great joy I learn of your
appointment as Reich Minister of the Interior and take the liberty
to extend my heartiest congratulations to you on assuming your
new post.
“A strong hand is now very necessary in the operation of this
department; and it is universally welcomed, but especially by
your friends, that it was you who were chosen for this by the
Führer. Please be assured that we will always do everything in our
power at all times to assist you in every possible way.
“I am pleased to inform you at this opportunity that your circle of
friends has again placed at your disposal this year a sum slightly
in excess of 1 million RM for ‘your particular tasks.’ An exact list
showing the names of the contributors will be sent to you shortly.
“Again all my very best wishes—as well as those of my family. I
remain yours in old loyalty and esteem. Heil Hitler! Yours truly.”
I next offer in evidence—and this is the final exhibit, Your Honors—
Document Number EC-453, which is Exhibit Number USA-322. This
document was likewise found in the Stein Bank in Cologne by the above-
mentioned joint British-American team. It is a carbon copy of a letter from
Von Schröder to Himmler, dated 21 September 1943, bearing Von
Schröder’s initials, with the enclosed list of contributors . . . .
THE PRESIDENT: Captain Harris, on what principle do you suggest
that either of these letters can possibly be evidence in this case?

CAPT. HARRIS: Your Honors, at the time the motion to postpone the
Trial as to Gustav Krupp was argued before this Tribunal, the British Chief
Prosecutor specifically stated that if it should be the decision of the Tribunal
that Krupp should be dismissed, the evidence as to the part which he, his
firm, and other industrialists played in the preparation and conduct of the
war would still be given to this Tribunal as forming part of the general
conspiracy in which these defendants were involved, with divers other
persons not now before the Court.
The evidence we are now offering, Your Honors, is precisely of the type
indicated by Sir Hartley Shawcross. It is evidence which goes to prove the
length and breadth of the general conspiracy which is alleged in the
Indictment. Evidence showing contributions to one of the leading
conspirators, a conspirator who was in the forefront of the unlawful
program to plunder public and private property and to germanize a large
part of the world, is, it is submitted, relevant to this proceeding. May I
continue?
THE PRESIDENT: Yes.
CAPT. HARRIS: I quote the last letter, EC-453, in its entirety:
“Dear Reich Leader:
“I thank you very much for your kind letter of the 14th of this
month with which you made me very happy. At the same time I
am enclosing a list with the total amount of funds made available
to you by your circle of friends and totalling 1,100,000 RM. We
are very glad indeed to render some assistance to you in your
particular tasks and to be able to provide some small relief for
you in your still further extended sphere of duties.
“Wishing you, dear Reich Leader, the best of luck, I remain in old
loyalty and esteem. Heil Hitler! Yours very truly.”
I had intended, Your Honor, to quote the names of the contributors; but I
shall not, if Your Honor considers it unnecessary.
THE PRESIDENT: I don’t think it would add to the expedition of the
Trial, do you?
CAPT. HARRIS: Very well, Sir. I am exceedingly grateful to Your
Honors for your very kind attention.
THE PRESIDENT: Yes, Colonel Storey.

COLONEL ROBERT G. STOREY (Executive Trial Counsel for the
United States): Do Your Honors want to proceed now before the recess?
THE PRESIDENT: No, perhaps we had better adjourn now for 10
minutes.
[A recess was taken.]

COL. STOREY: If the Tribunal please, the remainder of the
presentation during the week will be concerning the criminal organizations.
The first to be presented now is the Leadership Corps, including some of
the illustrative crimes against the churches, against the Jews, against the
trade unions, and the operation of the “Einsatzstab Rosenberg” concerning
the looting of art treasures.
On the threshold of presenting the proof establishing the criminality of
the Leadership Corps of the Nazi Party it is in point to restate the
Prosecution’s theory of this case. It is this: The Nazi Party was the central
core of the Common Plan or Conspiracy alleged in Count One of the
Indictment, a conspiracy which contemplated and embraced the
commission of Crimes against the Peace, War Crimes, and Crimes against
Humanity as defined and denounced by the Charter.
The Leadership Corps, upon the evidence, was responsible for planning,
directing, and supervising the criminal measures carried into execution by
the Nazi Party in furtherance of the conspiracy. More than this, as will be
shown, the members of the Leadership Corps themselves actively
participated in the commission of illegal measures in aid of the conspiracy.
In the light of the evidence to be offered this Tribunal, the Leadership Corps
may be fairly described as the brain, the backbone, and the directive arms of
the Nazi Party. Its responsibilities are more massive and comprehensive
than those of the army of followers it led and directed in the assault against
the peace-loving peoples of the world. Accordingly, upon the record made
in this case and now to be enlarged upon, the Prosecution requests this
Tribunal to declare that the Leadership Corps of the Nazi Party is a criminal
group or organization in accordance with Article 9 of the Charter.
At this time I should like to submit to the Tribunal the document book
supporting the brief as Exhibit USA-V.
If Your Honors please—diverting from the manuscript—during the
recess there was placed upon your bench the document book, which has
each document marked by tab and each quoted portion embraced by red

pencil marks for the assistance of Your Honors. In addition, we have handed
up two documents that have already been introduced in evidence: An
enlarged copy of this chart, more detailed, which Your Honors have before
you, and another chart, in photostatic form, with reference to the Leadership
Corps; and both of those will be identified later.
I now proceed to present the proof relating to the composition, the
functions, and the responsibilities and powers of the Leadership Corps of
the Nazi Party. First, what was the Leadership Corps . . .
DR. ROBERT SERVATIUS (Counsel for the Leadership Corps of the
Nazi Party): After the last meeting I received a statement by Justice Jackson
with the proposal concerning the taking of evidence and the time for the
discussion of certain questions which will arise. I cannot understand the
scope of these proposals, and must therefore ask that I may at some time
speak about these points again, if it is necessary.
THE PRESIDENT: Of course, counsel will have the opportunity of
making a full argument in answer to the argument presented on behalf of
the Prosecution.
What I understood from Mr. Justice Jackson on Friday was that he
proposed that the evidence on the question of criminal organizations should
be presented first, and the argument presented afterwards.
Counsel for the organizations will, as I stated this morning, have the
opportunity of calling evidence in answer to the evidence of the
Prosecution, and will also have the opportunity of making whatever
argument they think right in answer to the evidence and argument presented
on behalf of the Prosecution.
COL. STOREY: First, what was the Leadership Corps of the Nazi
Party? What persons made up its membership? What was its size and
scope?
In considering the composition and organizational structure of the
Leadership Corps it will be convenient for the Tribunal to refer to
Document Number 2903-PS, which is this exhibit on the wall and which
was introduced by Mr. Albrecht at the opening of the Trial. And,
supplementing the chart on the wall, I now offer in evidence Document
2833-PS, Exhibit Number USA-22, which is a chart of the Leadership
Corps of the Nazi Party, appearing at Page 9 of a magazine published by the
Chief Education Office of the Nazi Party, entitled The Face of the Party. It

is this little photostatic copy that you have. Later on we expect to put the
big one on the wall.
These charts and the evidence to follow show that the Leadership Corps
constituted the sum total of the officials of the Nazi Party. It included the
Führer at the top; the Reichsleiter, on the horizontal line; the Reich
officeholders, immediately below—the five categories of leaders who were
area commanders, called the “Hoheitsträger” or “bearers of sovereignty.”
They are in the red-lettered or red-lined boxes at the bottom. They range all
the way from the 40-odd Gauleiter in charge of large districts, down
through the intermediate political leaders, the Kreisleiter, the
Ortsgruppenleiter, the Zellenleiter, and finally, to the Blockleiter who were
charged with looking after 40 to 60 households and what may be best
described as staff officers attached to each of the five levels of the
Hoheitsträger.
Organized upon a hierarchical basis, forming a pyramidal structure—as
appears from the chart which Your Honors hold in your hands—the
principal political leaders on a scale of descending authority were:
The Führer, at the top; the Reichsleiter, as I have mentioned, and the
main office and officeholders; the Gauleiter, who was the district leader,
with his staff officers; the Kreisleiter, who was the county leader, and his
staff officers; the Ortsgruppenleiter, the local chapter leader, and his staff
officers; the Zellenleiter, who was the cell leader, and his staff officers; and
then, finally, the Blockleiter, with his staff officers.
I now offer in evidence Document 1893-PS. This is Exhibit Number
USA-323. And this, if Your Honors please, is the Organization Book of the
NSDAP, the National Socialist Party. It was edited by the Defendant, Reich
Organization Leader of the NSDAP—the late Defendant—Dr. Robert Ley,
and it is the 1943 edition. A large part of the evidence to be offered relating
to the composition of the Leadership Corps of the Nazi Party will be drawn
from this primer of the Nazi organizations, and I shall later quote from it.
And without so requesting the Tribunal each time to take judicial notice, I
shall assume, in the absence of questions, that it is so understood. The
English translation, to which we will refer, is Document 1893-PS.
I now proceed to offer evidence on the make-up and powers of the
Reichsleitung or the Leadership Corps, which consisted of the Reichsleiter
or Reich Leaders of the Nazi Party—and they are shown on that long

horizontal list at the top of the chart—the Hauptämter (main offices), and
the Ämter, or officeholders.
The Reichsleiter of the Party were annexed to Hitler, the highest
officeholders in the Party hierarchy. All of the Reichsleiter in the main
office and officeholders within the Reichsleitung were appointed by Hitler
and directly responsible to him.
I quote from the first paragraph of Page 4, Document 1893-PS:
“1. The Führer appoints the following political directors:
“(a) Reichsleiter and all political directors, to include the directors
of the Womens Leagues, within the Reich Directorate
(Reichsleitung).”
The significant fact to be grasped is that through the Reichsleitung
perfect co-ordination of the Party and State machinery was guaranteed. The
Party manual puts it this way—and I quote from the fourth sentence of the
third paragraph of Page 20 of that document. You will find the page number
at the bottom, Page 20. It is a very short quotation. I quote: “In the
Reichsleitung the arteries of the organization of the German people and of
the German State merge.”
If Your Honors please, there is a little different translation in that portion
in your book. To prove . . .
THE PRESIDENT: Just a moment, please. It begins, “It is in the Reich
Directorate where the strings of the organization of the German people and
of the German State merge.” Is that it?
COL. STOREY: Yes, Sir, that is it. This translation says, “the arteries of
the organization of the German people and of the German State merge.”
To prove that the Reichsleiter of the Leadership Corps included the
most powerful coalition of political overlords in Nazi Germany, it is
necessary only to put in evidence their names. The list of Reichsleiter now
to be offered in evidence will include the following defendants now on trial
before this Tribunal: Rosenberg, Von Schirach, Frick, Bormann, Hans
Frank, and the late Defendant Robert Ley.
The evidence to be introduced will show that the Defendant Rosenberg
was the leader of an organization named for him, the “Einsatzstab
Rosenberg”—which is not shown on this chart, if Your Honor please—
which carried out a vast program of looting and plunder of art treasures
throughout occupied Europe.

The evidence will further show that, as representative of the Führer for
the supervision of Nazi ideology and schooling, Rosenberg participated in
an aggressive campaign to undermine the Christian churches and to
supersede Christianity by a German National Church founded upon a
combination of irrationality, pseudo-scientific theories, mysticism, and the
discredited cult of the racial state. It will further be shown that the late
Defendant Ley, acting as the agent of Hitler and the Leadership Corps,
directed the Nazi assault upon the independent labor unions of Germany
and that before destroying himself he first destroyed the bastion of
republican society, a free and independent labor movement, replacing it by
a Nazi organization, the German Labor Front, or the DAF, and employed
this organization as a means of exploiting the German labor force in the
interests of the conspiracy and to instill Nazi ideology among the ranks of
the German workers.
It will be shown that the Defendant Frick participated in the enactment
of many laws which were designed to promote the conspiracy in its several
phases.
The Defendant Frick shares responsibility for the grave injury done by
the officials of the Leadership Corps to the concept of the rule of law by
virtue of his efforts to give the color of law and formal legality to a large
volume of Nazi legislation which was violative of the rights of humanity,
such as the Nazi discriminatory legislation designed to degrade, stigmatize,
and eliminate the Jewish people of Germany and German-occupied Europe.
Though the Defendant Bormann is physically absent from the dock, the
evidence as to his responsibility in directing and furthering the course of the
Nazi conspiracy is here and expands with the record in this case. As Chief
of the Party Chancellery, right under Hitler, the Defendant Bormann was an
extremely important force in directing the activities of the Leadership
Corps. As will be shown, a decree of January 16, 1942 provided that the
participation of the Party in all important legislation, governmental
appointments, and promotions had to be undertaken exclusively by
Bormann. He took part in the preparation of all laws and decrees issued by
the Reich authorities and gave his assent to those of the subordinate
governments.
I now refer to Document 2473-PS, Exhibit Number USA-324. You will
find that the English translation contains a list of the Reichsleiter of the
NSDAP set forth on Page 170 of this book. It was edited by the late

Defendant and Reichsleiter for Party Organization, Robert Ley. The names
of the 15 Reichsleiter in office in 1943 will be found on Pages 1 and 2 of
Document 2473-PS.
If the Tribunal please, I will not read all of them but will call attention
only to certain of them, as follows:
Martin Bormann, Chief of the Party Chancellery; then we skip over to
Wilhelm Frick, Leader of the National Socialist faction in the Reichstag,
shown on the big chart over at the second box from the end on the right;
Joseph Goebbels, Reich Propaganda Leader of the NSDAP, shown also on
the same level; Heinrich Himmler, Reich Leader of the SS, the Deputy of
the NSDAP for all questions of Germandom; Robert Ley, Reich
Organization Leader of the NSDAP and Leader of the German Labor Front;
Victor Lutze, Chief of Staff of the SA; Alfred Rosenberg, representative of
the Führer for the supervision of all mental and ideological training and
education of the NSDAP; Baldur von Schirach, Reich Leader for the
education of the youth of the National Socialist Party; and then, finally,
Franz Schwarz, Reich Treasurer of the National Socialist Party.
The principal functions of the Reichsleiter, which we might call
directors, included the responsibility of carrying out the tasks and missions
assigned to them by the Führer or by the Chief of the Party Chancellery, the
Defendant Martin Bormann. The Reichsleiter were further charged with
insuring that Party policies were being executed in all the subordinate areas
of the Reich. They were also responsible for insuring a continual flow of
new leadership into the Party.
With respect to the function and the responsibilities of the Reichsleiter I
now quote from Page 20 of Document Number 1893-PS:
“The NSDAP represents the political conception, the political
conscience, and the political will of the German nation. Political
conception, political conscience, and political will are embodied
in the person of the Führer. Based on his directive and in
accordance with the program of the NSDAP, the organs of the
Reich Directorate directionally determine the political aims of the
German people. It is in the Reich Directorate”—or Reichsleitung
—“that the arteries of the organization of the German people and
State merge. It is the task of the separate organs of the Reich
Directorate to maintain as close a contact as possible with the life
of the nation through their sub-offices in the Gau . . . .

“The structure of the Reich Directorate is thus that the channel
from the lowest Party office upwards shows the most minute
weaknesses and changes in the mood of the people . . . .
“Another essential task of the Reich Directorate is to assure a
good selection of leaders. It is the duty of the Reich Directorate to
see that there is leadership in all phases of life, a leadership which
is firmly tied to National Socialist ideology and which promotes
its dissemination with all of its energy . . . .
“It is the supreme task of the Reich Organization Leader to
preserve the Party as a well-sharpened sword for the Führer.”
The domination of the German Government by the top members of the
Leadership Corps was facilitated by a circular decree of the Reich Minister
of Justice, dated 17 February 1934, which established equal rank for the
offices within the Reichsleitung of the Leadership Corps and the Reich
offices of the German Government. In this decree it was expressly provided
that, “. . . . the supreme offices of the Reich Party Directorate are equal in
rank to the supreme Reich Government authorities”. The Party Manual
termed the control exercised over the machinery of the Government by the
Leadership Corps, “the permeation of the state apparatus with the political
will of the Party”.
At a later stage in this proceeding it will be shown that the Leadership
Corps of the Nazi Party incontestably dominated the German State and
Government. The control by the Leadership Corps of the German
Government was facilitated by uniting in the same Nazi chieftains both high
offices within the Reichsleitung and the corresponding offices within the
apparatus of the Government. For example, as shown in Document 2903-
PS, Goebbels was Reichsleiter in charge of Party propaganda, but he was
also a cabinet minister in charge of propaganda and public enlightenment.
Himmler held office within the Reichsleitung as head of the Main
Office for Folkdom and also was Reichsführer of the SS. At the same time,
Himmler held the governmental position of the Reich commissioner for the
consolidation of Germandom, and was the governmental head of the
German police system.
As will be shown, this personal union of high office in the Leadership
Corps and high governmental position in the same Nazi leaders greatly

accommodated the plan of the Leadership Corps to dominate and control
the German State and Government.
In addition to the Reichsleiter the Party Directorate included about 11
Hauptämter, or main offices, and about four Ämter, or offices. As set forth
in the exhibit, the Hauptämter of the Party included such main organizations
as those for personnel, training, technology, headed by the Defendant Speer;
folkdom, headed by Himmler; civil servants, communal policy, and the like.
The Ämter, or offices, of the Party within the Reichsleitung included the
office for foreign policy under the Defendant Rosenberg which, the
evidence will show, actively participated in plans for the launching of the
war of aggression against Norway, the Office for Colonial Policy, the Office
for Genealogy, and the Office of Racial Policy.
As will be shown by the chart of the Leadership Corps in the folder
which Your Honors have, certain of the main offices and offices within the
Reichsleitung would appear again within the Gauleitung, or Gau Party
Directorate, and the Kreisleitung, or Party county directorate. It is thus
shown that the Reichsleiter and the main office and officeholders within the
Reichsleitung exercised, through functional channels through the
subordinate offices on lower regional levels, a total control over the various
sectors of the national life of Germany.
I shall next take up the Gauleiter. As will be seen from this
organizational chart of the Nazi Party now before the Tribunal as Exhibit
Number USA-2, for Party purposes Germany was divided into major
administrative regions, Gau, which in turn were subdivided into Kreise
(counties), Ortsgruppen (local chapters), Zellen (cells), and in Blocks
(blocks). A Gauleiter, who was the political leader of the Gau, was in charge
of each Gau or district. Each Gauleiter was appointed by and was directly
responsible to Hitler. I quote from Page 18 of this same document, 1893-PS,
the Organization Book of the NSDAP:
“The Gau represents the concentration of a number of Party
counties”—or Kreise—“The Gauleiter is directly subordinate to
the Führer. . . .”
“The Gauleiter bears over-all responsibility to the Führer for the
sector of sovereignty entrusted to him. The rights, duties, and
jurisdiction of the Gauleiter result primarily from the mission

assigned by the Führer, and apart from that, from detailed
directives.”
The responsibility and function of the Gauleiter and his staff officers or
officeholders were essentially political, namely, to insure the authority of
the Nazi Party within his area, to co-ordinate the activities of the Party and
all its affiliated and supervised organizations, and to enlarge the influence
of the Party over the people and life in his Gau generally. Following the
outbreak of the war, when it became imperative to co-ordinate the various
phases of the German war effort, the Gauleiter were given additional
important responsibilities. The Ministerial Council for the Defense of the
Reich, which was a sort of general staff for civilian defense and the
mobilization of the German war economy, by a decree of 1 September
1939, 1939 Reichsgesetzblatt, Part I, page 1565, appointed about 16
Gauleiter as Reich Defense Commissars, concerning which I ask the
Tribunal to take judicial notice. Later, under the impact of mounting
military reverses and an increasingly strained war economy, more and more
important administrative functions were put on a Gau basis. The Party Gaue
became the basic defense areas of the Reich, and each Gauleiter became a
Reich Defense Commissar by a decree of the Ministerial Council for the
Defense of the Reich of 16 November 1942, 1942 Reichsgesetzblatt, Part I,
page 649, of which I ask the Tribunal to take judicial notice. In the course
of the war additional functions were entrusted to the Gauleiter, so that at the
end, with the exception of certain special matters such as police affairs,
almost all phases of the German war economy were co-ordinated and
supervised by them. For instance, regional authority over price control was
put under the Gauleiter as Reich Defense Commissars, and housing
administration was placed under the Gauleiter as Gau Housing Commissars.
Toward the end of the war the Gauleiter were charged even with the
military and quasi-military tasks. They were made commanders of the
Volkssturm in their areas and were entrusted with such important functions
as the evacuation of civilian population in the path of the advancing Allied
armies as well as measures for the destruction of vital installations.
The structure and organization of the Party Gaue were substantially
repeated in the lower levels of the Reich Party organization such as the
Kreise, Ortsgruppen, Zellen, and Blocks. Each of these was headed by a
political leader who, subject to the Führer principle and the orders of
superior political leaders, was a sovereign within his sphere. The

Leadership Corps of the Nazi Party was in effect a “hierarchy of descending
Caesars.” Each of the subordinate Party levels, such as the Kreise,
Ortsgruppen, and so on, was organized into offices, or Ämter, dealing with
the various specialized functions of the Party. But the number of such
departments and offices diminished as the Party unit dropped in the
hierarchy, so that, while the Kreis office contained all or almost all of the
offices in the Gau (such as the deputy, the staff office leader, an
organization leader, school leader, propaganda leader, press office leader,
treasurer, judge of the Party court, inspector, and the like), the Ortsgruppe
had less, and the Zellen and Blocks still fewer.
The Kreisleiter was appointed and dismissed by Hitler upon the
nomination of the Gauleiter and directly subordinate to the Gauleiter in the
Party hierarchy. The Kreis usually consisted of a single county. The
Kreisleiter, within the Kreis, had in general the same position, powers, and
prerogatives granted the Gauleiter in the Gau. In cities they constituted the
very core of Party power and organization. I quote again from Page 17 of
Document 1893-PS, Page 17 of the English translation:
“The Kreisleiter carries over-all responsibility towards the
Gauleiter within his zone of sovereignty for the political and
ideological training and organization of the Political Leaders, the
Party members, as well as the population”.
The Ortsgruppenleiter was the local chapter leader. The area of the
Ortsgruppenleiter was comprised of one or more communes, or, in a town, a
certain district. The Ortsgruppe was composed of a combination of blocks
and cells according to local circumstances, and contained up to 1,500
households. The Ortsgruppenleiter also had a staff of office leaders to assist
him in the various functional activities of the Party. All other Political
Leaders in his area of responsibility were subordinate to and under the
direction of the Ortsgruppenleiter. For example, the leaders of the various
affiliated organizations of the Party, within his area, such as the German
Labor Front and the Nazi organizations for lawyers, students, and civil
servants, were all subordinate to the Ortsgruppenleiter. In accordance with
the Führerprinzip, the Ortsgruppenleiter, or local chapter leaders, were
appointed by the Gauleiter and were directly under and subordinate to the
Kreisleiter.

The Party manual provides as follows with reference to the
Ortsgruppenleiter, and I quote from Pages 16 and 17 of Document 1893-PS:
“As Hoheitsträger”—bearer of sovereignty—“he is competent for
all expressions of the Party will; he is responsible for the political
and ideological leadership and organization within his zone of
sovereignty.
“The Ortsgruppenleiter carries the over-all responsibility for the
political results of all measures initiated by the offices,
organizations, and affiliated association of the Party. . . .
“The Ortsgruppenleiter has the right to protest to the Kreisleiter
against any measures contrary to the interests of the Party with
regard to a united political appearance in public.”
The Zellenleiter was responsible for from four to eight blocks. He was
the immediate superior of, and had control and supervision over, the
Blockleiter. His mission and duties, according to the Party manual,
corresponded to the missions of the Blockleiter. I quote from the last
paragraph of Page 15, just one line of that same document: “The missions
of the cell-leader correspond to the missions of the block-leader.”
The Blockleiter was the one Party official who was peculiarly in a
position to have continuous contact with the German people. The block was
the lowest unit in the Party pyramidal organization. The block of the Party
comprised 40 to 60 households and was regarded by the Party as the focal
point upon which to press the weight of its propaganda. I quote from Pages
13 and 14 of this same document:
“The household is the basic community upon which the block and
cell system is built. The household is the organizational focal
point of all Germans united in an apartment, and includes
roomers, domestic help, et cetera. . . . The Blockleiter has
jurisdiction over all matters within his zone relating to the
Movement, and is fully responsible to the Zellenleiter.”
The Blockleiter, as in the case of other Political Leaders, was charged
with planning, disseminating, and developing a receptivity to the policies of
the Nazi Party among the population in his area of responsibility. It was
also the expressed duty of the Blockleiter to spy on the population. I quote
from Pages 14 and 15 of this same document:

“It is the duty of the Blockleiter to find people disseminating
damaging rumors and to report them to the Ortsgruppe, so that
they may be reported to the respective State authorities.
“The Blockleiter must not only be a preacher and defender of the
National Socialist ideology towards the member of the Nation and
Party entrusted to his political care, but he must also strive to
achieve practical collaboration of the Party members within his
block zone. . . .
“The Blockleiter shall continuously remind the Party members of
their particular duties towards the people and the state. The
Blockleiter keeps a list (card file) about the households. . . . In
principle, the Blockleiter will settle his official business verbally,
and he will receive messages verbally and pass them on in the
same way. Correspondence will only be used in cases of absolute
necessity. . . . The Blockleiter conducts National Socialist
propaganda from mouth to mouth. He will eventually awaken the
understanding of the eternally dissatisfied as regards the
frequently misunderstood or wrongly interpreted measures and
laws of the National Socialist Government. . . . It is not necessary
for him to fall in with complaints and gripes about possibly
obvious shortcomings of any kind in order to demonstrate
solidarity. . . . A condition to gain the confidence of all people is
to maintain absolute secrecy in all matters.”
It will be shown that there were in Germany nearly half a million
Blockleiter. Large though this figure may appear, there can be no doubt that
these officials were in and of the Leadership Corps of the Nazi Party.
Though they stood at the broad base of the Party pyramid rather than at its
summit, where rested the Reichsleiter, by virtue of this fact they were
stationed at close intervals throughout the German civil population.
THE PRESIDENT: I think, Colonel Storey, it would be an assistance to
the Tribunal if you could tell us, that is, at some time convenient to
yourself, approximately how many there were of each of these ranks in the
corps.
COL. STOREY: If Your Honor please, that is the next subject.
THE PRESIDENT: Very well.

COL. STOREY: It may be doubted that the average German ever
looked upon the face of Heinrich Himmler. But the man in the street in Nazi
Germany could not have avoided an uneasy acquaintance with the
Blockleiter in his own neighborhood. As it is the “cop on the beat” rather
than the chief magistrate of the nation who symbolizes law enforcement to
the average man and woman, so it was the Blockleiter who represented to
the people of Germany the police state of Hitler’s Germany. In fact, as may
be inferred from the evidence, the Blockleiter were “little Führers” with real
and literal power over the civilians in their domains. As proof of the
authority of the Blockleiter to exercise coercion and the threat of force upon
the civil population, I quote from Document 2833-PS, which is an excerpt
from Page 7 of the magazine entitled The Face of the Party, Document
2833-PS. It is just a line of quotation:
“Advice and sometimes also the harsher form of education is
employed if the faulty conduct of an individual harms this
individual himself, and thus also the community.”
Before I get to the numbers, I wanted to deal with the Hoheitsträger.
THE PRESIDENT: Don’t you think it is time to break off?
COL. STOREY: Yes.
THE PRESIDENT: Until 2 o’clock.
[A recess was taken until 1400 hours.]

Afternoon Session
COL. STOREY: Your Honors will notice that we have substituted an
enlarged chart for the photostatic copy that was introduced in evidence this
morning. Another thing I would like to call Your Honors’ attention to is the
fact that the other chart, the big one, was dated 1945 and therefore did not
show the Defendant Hess because of his flight to England in 1941, and it
will be recalled that the Defendant Hess occupied the position before
Bormann directly under the Führer in the Party organization.
We now take up the Hoheitsträger. The Hoheitsträger, diverting from the
text, is shown on this chart very well; and all of those shown in black
blocks constitute the Hoheitsträger, beginning with the Führer and going
down the vertical column clear down to the Blockleiter.
Within the Leadership Corps of the Nazi Party certain of the political
leaders possessed a higher degree of responsibility than others, were vested
with special prerogatives, and constituted a distinctive and elite group
within the Party hierarchy. Those were the so-called Hoheitsträger, or
bearers of sovereignty, who represented the Party within the area of
jurisdiction, which is a section of Germany, the so-called “Hoheitsgebiet.” I
now quote from Page 9 of the English translation of Document 1893-PS:
“Among the political leaders, the Hoheitsträger assume a special
position. Contrary to the other political leaders who have
departmental missions . . . the Hoheitsträger themselves are in
charge of a geographical sector known as the Hoheitsgebiet”—
sectors of sovereignty.
“The Hoheitsträger are:
“The Führer, the Gauleiter, the Kreisleiter, the Ortsgruppenleiter,
the Zellenleiter, and the Blockleiter.
“Hoheitsgebiete are:
“The Reich, the Gau, the Kreis, the Ortsgruppe, the Zelle, the
Block.
“Within their sector of sovereignty the Hoheitsträger have
sovereign political rights. They represent the Party within their

sector. The Hoheitsträger supervise all Party offices within their
jurisdiction and are responsible for the maintenance of
discipline.”
If Your Honors please, that is Page 9 of the English translation, if you find
it, of 1893.
THE PRESIDENT: Yes.
COL. STOREY: “The directors of offices, et cetera, and of the
affiliated organizations are responsible to their respective
Hoheitsträger . . . as regards their special missions. The
Hoheitsträger are superior to all political leaders, managers, and
so forth, within their sector. As regards personal consideration,
Hoheitsträger are endowed with special rights . . . .
“The Hoheitsträger of the Party are not to be administrative
officials . . . but are to move in a continuous vital contact with the
political leaders of the population within their sector. The
Hoheitsträger are responsible for the proper and good supervision
of all members of the nation within their sector . . . .
“The Party intends to achieve a state of affairs in which the
individual German will find his way to the Party . . . .”
The distinctive character of the Politische Leiter constituting the
Hoheitsträger and their existence and operation as an identifiable group are
indicated by the publication of a magazine entitled Der Hoheitsträger
whose distribution was limited by regulation of the Reich Organization
Leader to the Hoheitsträger and certain other designated Politische Leiter. I
now refer to Document 2660-PS, which I offer in evidence; and I would
like to digress from the published manuscript and call Number 2660-PS
Exhibit Number USA-325. I would like to exhibit this book to Your Honors.
This is the book itself and it is for the Hoheitsträger, with a very limited
distribution, and I quote from the inside cover of this magazine which reads
as follows—it is right in the beginning:
“Der Hoheitsträger, the contents of which is to be handled
confidentially, serves only for the orientation of the competent
leaders. It may not be loaned out to other persons.”

Then follows a list of the Hoheitsträger and other political leaders
authorized to receive the magazine. The magazine states, in addition, that
the following are entitled to receive it—I would like to emphasize the ones
to receive it:
“Commandants, unit commanders, and ‘Ordensburg’ members;
The Reich, Shock Troop, and Gau speakers of the NSDAP; the
Obergruppenführer and Gruppenführer of the SA, the SS, the
NSFK”—which is the Flying Corps—“and the NSKK”—the
Party Motor Corps—“Obergebietsführer and Gebietsführer of the
HJ”—that is the Hitler Jugend.
The fact that this magazine existed, that it derived its name from the
commanding officers of the Leadership Corps, that it was distributed to the
elite of the Leadership Corps, in other words, that a house bulletin was
circulated down the command channels of the Leadership Corps is
probative of the fact that the Leadership Corps of the Nazi Party was a
group or an organization within the meaning of Article 9 of the Charter.
An examination of the contents of the magazine Der Hoheitsträger
reveals a continuing concern by the Leadership Corps of the Nazi Party in
measures and doctrines which were employed throughout the course of the
conspiracy charged in the Indictment. I shall not trouble the Tribunal nor
encumber the record by offering in evidence exhaustive enumeration of
these matters; but it may serve to clarify the plans and policies of the inner
elite of the Leadership Corps by indicating that a random sampling of
articles published and policies advocated in the various issues of the
magazine from February 1937 to October 1938 included the following:
Slanderous anti-Semitic articles, attacks on Catholicism and the
Christian religion and the clergy; the need for motorized armament; the
urgent need for expanded Lebensraum and colonies; persistent attacks on
the League of Nations; the use of the block and cell in achieving favorable
Party votes, the intimate association between the Wehrmacht and the
political leadership; the racial doctrines of Fascism, the cult of leadership;
the role of the Gaue, Ortsgruppen, and Zellen in the expansion of Germany;
and related matters all of which constituted elements and doctrinal
techniques in the carrying out of the conspiracy charged in the Indictment.
The political leaders were organized according to the leadership
principle. I quote from the fourth paragraph of Page 2 of Document 1893-

PS, at the bottom of the page, and top of Page 3:
“The basis of the Party organization is the Führer idea. The public
is unable to rule itself either directly or indirectly . . . . All
political leaders stand as appointed by the Führer and are
responsible to him. They possess full authority toward the lower
echelons. . . . Only a man who has gone through the school of
subordinate functions within the Party has a claim to the higher
Führer offices. We can only use ‘Führer’ who have served from
the ground up. Any political leader who does not conform to these
principles is to be dismissed or to be sent back to the lower
offices, as Blockleiter, Zellenleiter, for further training. The
political leader is not an office worker but the political deputy of
the Führer . . . . With the political leader we are building the
political leadership of the State . . . . The type of the political
leader is not characterized by the office which he represents.
There is no such thing as a political leader of the NSBO, et
cetera, but there is only the political leader of the NSDAP.”
Each political leader was sworn in yearly. According to the Party
manual the wording of the oath was as follows; and I quote from the second
paragraph on Page 3, Document 1893-PS:
“I pledge eternal allegiance to Adolf Hitler; I pledge
unconditional obedience to him and the Führer appointed by
him.”
The Organization Book of the NSDAP also provides, and I quote from
Page 3, Paragraph 4, of the same document:
“The political leader is inseparably tied to the ideology and the
organization of the NSDAP. His oath only ends with his death or
with his expulsion from the National Socialist community.”
Appointment of political leaders:
With respect to the appointment of the political leaders constituting the
Leadership Corps of the Party, I quote from Page 4 of the Organization
Book, which is Document 1893-PS:
“1. The Führer appoints the following political leaders:

“a) Reichsleiter and all political leaders within the
Reichsleitung”—Reich Party Directorate—“including women’s
leaders; b) Gauleiter, including the political leaders holding
offices in the Gauleitung”—Gau Party Directorate—“including
Gau women’s leaders; c) Kreisleiter. . . .
“2. The Gauleiter appoints:
“a) The political leaders and women’s leaders within the Gau
Party Directorate . . . b) the political leaders and the directors of
women’s leagues in the Kreis Party Directorate; c)
Ortsgruppenleiter.
“3. The Kreisleiter appoints the political leaders and the directors
of the women’s leagues of the Ortsgruppen including the block
and cell leaders . . . .”
The power of Hoheitsträger to call upon other Party formations:
The Hoheitsträger among the Leadership Corps were entitled to call
upon and utilize the various Party formations as necessary for the execution
of the Nazi Party policies.
The Party manual provides, with respect to the power and authority of
the Hoheitsträger to requisition the services of the SA—and I quote from
Page 11 of this same Document 1893-PS:
“The Hoheitsträger is responsible for the entire political
appearance of the Movement within this zone. The SA leader of
that zone is tied to the directives of the Hoheitsträger in that
respect . . . . The Hoheitsträger is the ranking representative of the
Party to include all organizations within his zone. He may
requisition the SA located within his zone from the respective SA
leader if they are needed for the execution of a political mission.
The Hoheitsträger will then assign the mission to the SA . . . .
Should the Hoheitsträger need more SA for the execution of a
political mission than is locally available, he then applies to the
next higher office of sovereignty which, in turn, requests the SA
from the SA office in his sector.”
According to the Party manual, the Hoheitsträger had the same authority
to call upon the services of the SS and NSKK as they possessed with
respect to the SA.

With respect to the authority of the Hoheitsträger to call upon the
services of the Hitler Youth (the HJ), the Party manual states, and I quote
from Page 11, the last paragraph of that translation:
“The political leader has the right to requisition the HJ”—that is
the Hitler Jugend—“in the same manner as the SA for the
execution of a political action . . . .
“In appointing leaders of the HJ . . . the office of the HJ must
procure the approval of the Hoheitsträger of its zone. This means
that the Hoheitsträger can prevent the appointment of leaders
unsuited for the leadership of youth. If his approval has not been
procured, an appointment may be cancelled if he so requests.”
An example of the use of the Party formations at the call of the
Leadership Corps of the Party is provided by the action taken by the
Reichsleiter for Party Organization of the National Socialist Party, Dr.
Robert Ley, leading to the deliberate dissolution of the Free Trade Unions
on 2 May 1933. I quote from Document 392-PS, Exhibit Number USA-326,
which is a copy of the directive issued by the Defendant Ley on 21 April
1933, reproduced on Pages 51-52 of the Social Life in New Germany by
Professor Müller. In this directive the late Defendant Ley directed the
employment of the SA and the SS in the occupation of trade unions and for
taking trade union leaders into protective custody. I now quote from
Paragraph 6 of Page 1 of Document 392-PS. It is the third and fourth
paragraph from the bottom of the page:
“SA as well as SS are to be employed for the occupation of trade
union properties and for the taking of personalities, who come
into question, into protective custody.
“The Gauleiter is to proceed with his measures on a basis of the
closest understanding with the competent regional cell director.”
I also quote from the second paragraph of Page 2 of that same document
which reads, quoting:
“The following are to be taken into protective custody: All trade
union chairmen, the district secretaries and the branch directors of
the ‘Bank for Workers, Employees, and Officials, Incorporated,’
included.”

I now offer in evidence Document 2474-PS, Exhibit Number USA-327,
which is a copy of a decree issued by the Defendant Hess as Deputy of the
Führer, dated 25 October 1934, which underwrites the authority of the
Hoheitsträger with respect to Party formations. I quote from the numbered
Paragraphs 1, 5, and 6 of Page 1 of Document 2474-PS which reads as
follows—Page 1 of the English translation:
“The political leadership within the Party and its political
representation towards all offices, state or others which are
outside of the Party, lie solely and exclusively with the
Hoheitsträger”—bearers of sovereignty—“which is to say with
me, the Gauleiter, Kreisleiter, and Ortsgruppenleiter. . . .
“The departmental workers of the Party organizations, such as
Reichsleiter, office directors, et cetera, as well as the leaders of
the SA, SS, HJ, and the subordinate affiliations, may not enter
into binding agreements of a political nature with State and other
offices except when so authorized by their Hoheitsträger.
“In places where the territories of the units of the SA, SS, HJ, and
the subordinate affiliations do not coincide with the zones of the
Hoheitsträger, the Hoheitsträger will give his political directives
to the ranking leader of each unit within his zone of sovereignty.”
It was the official policy of the Leadership Corps to establish close and
co-operative relations with the Gestapo. The Tribunal will recall that the
head of the German Police and SS, Himmler, was a Reichsleiter on the top
level of the Leadership Corps. Without offering in evidence a decree issued
by the Defendant Bormann as Chief of Staff of the Deputy of the Führer,
dated 26 June 1935, I ask the Court to take judicial knowledge; and I quote:
“In order to effect a closer contact between the offices of the
Party and its organizations with the Directors of the Secret State
Police,”—Gestapo—“the Deputy of the Führer requests that the
directors of the Gestapo be invited to attend all the larger official
rallies of the Party and its organizations.”
That is from the 1935 edition, Page 143, dated the 26th June 1935, The
Decrees of the Deputy of the Führer.
With reference to the meetings and conferences among the
Hoheitsträger of the Leadership Corps, it is the contention of the

Prosecution that the members of the Leadership Corps constituted a
distinctive and identifiable group or organization. It is strongly supported
by the fact that the various Hoheitsträger were under an absolute obligation
to meet and confer periodically, not only with the staff officers of their own
staffs, but with the political leaders and staff officers immediately
subordinate to them. For example, the Gauleiter was bound to confer with
his staff officers (such as his deputy and so forth, which included the school
leader, propaganda leader, press leader, his Gau Party judge, and so on)
every 8 to 14 days. Furthermore, the Gauleiter was obligated to meet with
the various Gauleaders subordinate to him once every 3 months for a 3-day
convention for the purpose of discussing and clarifying Nazi Party policies
and directives, for hearing basic lectures on Party policy, and for the mutual
exchange of information pertinent to the Party’s current program. The
Gauleiter was also obligated to meet at least once a month with the leaders
of the Party formations and affiliated organizations within his Gau area,
such as the leaders of the SA, and SS, Hitler Youth, and others. In support
of these statements, I quote from Page 8 of Document 1893-PS. I don’t
think it is necessary to read all of that:
“Leader conferences in the district:
“A. District Leaders.”
If Your Honor please, with your permission I will omit the reading of
that because it was really summarized in my previous statement. I will
quote Subparagraph (d):
“(d) The bearer of sovereignty will meet at least once a month
with the leaders of the SA, SS, NSKK, HJ, as well as the RAD
and the NSFK who are within the zone, for the purpose of mutual
collaboration.”
The Organization Book of the Party imposes a similar requirement of
regular and periodical conferences and meetings upon all the other
Hoheitsträger, including the Kreisleiter, Ortsgruppenleiter, Zellenleiter, and
Blockleiter.
The clear consequence of such regular and obligatory conferences and
meetings by all the Hoheitsträger, both with their own staff officers and
with the political leaders and staff officers subordinate to them, was that
basic Nazi policies and directives issued by Hitler and the leader of the

Party Chancellery, the Defendant Bormann, directly through the chain of
command of the Hoheitsträger, and functional policies issued by the various
Reichsleiter and Reich officeholders down functional and technical
channels, were certain to be notified to, received, and understood by the
bulk of the membership of the Leadership Corps.
If I may digress from my text and call attention to this chart, you will
see the dotted lines connecting down from the Party level, Gau level, to
similar offices in the lower level.
Now I next come to the statistics relating to the Leadership Corps of the
Nazi Party and the evidence relating to the size of the Leadership Corps of
the Nazi Party. As previously shown, the Leadership Corps comprised the
sum of officials of the Nazi Party including, in addition to Hitler and the
members of the Reichsleitung, such as the Reichsleiter and the Reich
officeholders, a hierarchy of Hoheitsträger, which I have described, as well
as the staff officers attached to the Hoheitsträger. I now offer in evidence
Document 2958-PS, Exhibit Number USA-325; and this is Issue Number 8,
1939, of the official Leadership Corps organ Der Hoheitsträger, similar to
the one I exhibited a moment ago, and this is for the year 1939. This shows
that there were: 40 Gaue and 1 Foreign Gau, each led by a Gauleiter—that
is 41; 808 Kreisleiter; 28,376 Ortsgruppenleiter; 89,378 Zellenleiter; and
463,048 Blockleiter.
However, as shown by the evidence previously introduced, the
Leadership Corps of the Nazi Party was composed not only of the
Hoheitsträger, but also of the staff officers or officeholders attached to the
Hoheitsträger. The Gauleiter, for example, was assisted by a deputy
Gauleiter, several Gau inspectors, and a staff which was divided into main
offices (Hauptämter) and offices (Ämter) including such departments as the
Gau staff office, treasury, education office, propaganda office, press office,
university teachers, communal policy, and so forth. As previously shown,
the staff office structure of the Gau was substantially represented in the
lower levels of the Leadership Corps organization such as the Kreise, the
Ortsgruppen, and so on. The Kreise and the smaller territorial areas of the
Party were also organized into staff offices dealing with the various
activities of the Leadership Corps. But, of course, the importance and the
number of such staff offices diminished as the unit dropped in the
hierarchy; so that, while the Kreisleiter staff contained all or most of the

departments mentioned for the Gau, the Ortsgruppe had fewer departments
and the lower ones fewer still.
Firm figures have not been found as to the total number of staff officers,
as distinguished from the Hoheitsträger or political commanders
themselves, included within the Leadership Corps.
With respect to the scope and composition of the Leadership Corps of
the Nazi Party, the Prosecution adopts the view and respectfully submits to
this Tribunal, that in defining the limits of the Leadership Corps, staff
officers should only be included down to and including the Kreis. Upon this
basis, the Leadership Corps of the Nazi Party did constitute the Führer, the
members of the Reichsleitung, the five levels of the Hoheitsträger, and the
staff officers attached to the 40-odd Gauleiter and the 800 or 900
Kreisleiter. Adopting this definition of the Leadership Corps, it will be seen
that the total figure for the membership of that organization, based upon the
statistics cited from the basic handbook for Germany, amounts to around
600,000. And by excepting the staff officers of the lower levels, as is
provided in the Indictment, and as just defined, and without prejudice to
any later individual action against those excepted, we think the figure of
around 600,000 is approximately correct.
It is true that this figure is based upon an admittedly limited view of the
size of the membership of the Leadership Corps of the Nazi Party, for the
evidence has shown that the Leadership Corps, in effect, embraced staff
officers attached to the subordinate Hoheitsträger; and the inclusion of such
staff officers in the estimation of the size of the Leadership Corps, if we had
so recommended, would have been considerably enlarged so that the final
figure, if we had included staff officers to the Blockleiter, would have been
2,000,000, in round numbers.
MR. FRANCIS BIDDLE (Member for the United States): What reason
is there for excluding them?
COL. STOREY: For this reason, Your Honor, a person on the last level
of Blockleiter might have called on an individual laborer who might have
been on his staff; but he certainly did not have the discretion that a staff
leader did, for example, or the Gauleiter, say, as a propaganda man who
disseminated information down as well as helped participate in plans and
policies of the upper organization.
The subordinate staff officers thus excluded were responsible
functionally to the higher staff officers with respect to their particular

specialty, such as propaganda, Party organization, and so on, and to their
respective Hoheitsträger with respect to discipline and policy control and,
as I mentioned, likewise such higher staff officers participated in planning
and policy and passed those policies down through technical levels or
technical channels as opposed to command channels.
“The Leadership Corps of the Nazi Party joined and participated in the
Common Plan or Conspiracy” is the next title.
The program of the Nazi Party, proclaimed by Hitler on 24 February
1920, contained the chief elements of the Nazi plan for domination and
conquest. I now quote from Document 1708-PS, which is the Year Book for
1941, published by the Party, and edited by the late Robert Ley. This book
contains the famous 25 points of the Party which I now offer in evidence as
Exhibit Number USA-324. Diverting from the text—I don’t intend to quote
these 25 Party objectives, but only refer to a few of them, and I quote from
Page 1 of the English translation of Document 1708-PS:
Point 1:
“We demand the unification of all Germans in Greater Germany
on the basis of the right of self-determination of peoples.”
Point 2 of that program which I quote demanded unilateral abolition of
the Peace Treaties of Versailles and St. Germain:
“We demand equality of rights for the German people in respect
to the other nations; abrogation of the Peace Treaties of Versailles
and St. Germain.”
Point 3:
“We demand land and territory (colonies) for the sustenance of
our people and colonization by our surplus population.”
Point 4:
“Only a member of the race can be a citizen. A member of the
race can only be one who is of German blood without
consideration of confession. Consequently, no Jew can be a
member of the race.”
Point 6:

“We demand that every public office, of any sort whatsoever,
whether in the Reich, the county, or municipality, be filled by
citizens only. We combat the corrupting parliamentary regime,
office-holding only according to party inclinations without
consideration of character or abilities.”
Point 22—this is from Page 2 of the English translation of Document
1708-PS:
“We demand the abolition of the mercenary troops and the
formation of a National Army.”
Back to Page 1—another quotation:
“The program is the political foundation of the NSDAP and
accordingly the primary political law of the State. . . .
“All legal precepts are to be applied in the spirit of the Party
program.
“Since the taking over of power, the Führer has succeeded in the
realization of the essential portions of the Party program from the
fundamentals to the details.
“The Party program of the NSDAP was proclaimed on 24
February 1920 by Adolf Hitler at the first large Party gathering in
Munich and since that day has remained unaltered. The National
Socialist philosophy is summarized in 25 points.”
As previously mentioned, the Party program was binding upon the
political leaders and they were under duty to support and carry out that
program.
The Party manual states, and I quote again from the middle of Page 1 of
Document 1893-PS:
“The Commandments of the National Socialists: The Führer is
always right. . . . The program be your dogma; it demands your
utter devotion to the Movement. . . . Right is what serves the
Movement and thus Germany. . . .”
And on Page 2 of the same document another brief quotation:
“The Leadership Corps is responsible for the complete
penetration of the German nation with the National Socialist

spirit. . . .”
The oath of the political leaders to Hitler has been previously
mentioned. In this connection the Party manual provides, and I quote from
the second paragraph on Page 3 of the same document:
“The political leader is inseparably tied to the ideology and the
organization of the NSDAP. His oath only ends with his death or
with his expulsion from the National Socialist community.”
While the leadership principle assured the binding nature of Hitler’s
statements, program, and policies upon the entire Party and the Leadership
Corps thereof, the leadership principle also established the full
responsibility of the individual political leader within the province and
jurisdiction of his office or position.
The leadership principle applies not only to Hitler as the supreme leader
but also to the political leaders under him and thus permeated the entire
Leadership Corps. I quote from the middle of Page 2 of Document 1893-
PS:
“The basis of the Party organization is the Führer idea. . . .
“All political leaders stand as appointed by the Führer and are
responsible to him. They possess full authority toward the lower
echelons. . . .”
The various Hoheitsträger of the Leadership Corps were, in their
respective areas, themselves Führer. I quote from the third paragraph of
Page 9 of this same document:
“Within their sector of sovereignty, the Hoheitsträger have
sovereign political rights. . . . They are responsible for the entire
political situation within their sector.”
I again refer to and quote from Document 1814-PS, Exhibit Number
USA-328, which is the Party book. It is just a one-sentence quotation, and it
states: “The Party is an Order of ‘Führer.’ ”
The subjugation of the entire membership of the Leadership Corps to
the fiat of the leadership principle is clearly shown in the following passage
from the Party manual; it is this same document on Page 3:

“A solid anchorage for all the organizations within the Party
structure is provided and a firm connection with the sovereign
leaders of the NSDAP is created in accordance with the
leadership principle.”
Next is the subject, “The Nazi Party, directed by the Leadership Corps,
dominated and controlled the German State and Government.”
The trial brief dealing with the criminality of the Reich Cabinet sets
forth the evidence as to the identity of various ministers comprising the
Cabinet, and I shall not deal with that subject. The presence of the
Reichsleiter and other prominent members of the Leadership Corps in the
Cabinet facilitated the domination of the Cabinet by the Nazi Party and the
Leadership Corps.
And I omit the next paragraph down to the law of July 14, 1933.
A law of 14 July 1933 outlawed and forbade the formation of any
political parties other than the Nazi Party and made offenses against this a
punishable crime, thereby establishing the one-party state and rendering the
Leadership Corps immune from the opposition of organized political
groups. I now quote from Document 1388-PS, that being the English
translation of the “Law against the Formation of New Political Parties”
stated in Reichsgesetzblatt, 1933, Part I, Page 479; and I quote the first two
articles of this law, which read as follows:
“The National Socialist German Workers’ Party constitutes the
only political party in Germany. Whoever undertakes to maintain
the organizational structure of another political party or to form a
new political party will be punished with penal servitude up to 3
years or with imprisonment of from 6 months to 3 years, if the
deed is not subject to a greater penalty according to other
regulations.”
I will skip the next paragraph.
I now quote from Document 1398-PS, which is the English translation
of “Law to Supplement the Law for the Restoration of the Professional
Civil Service,” dated 20 July 1933—1933 Reichsgesetzblatt, Part I, Page
518.
On 13 October 1933 “A Law to Guarantee Public Peace” was enacted
which provided, inter alia, that the death penalty or other severe
punishment should be imposed upon any person who “undertakes to kill . . .

a member of the SA or the SS, a trustee or agent of the NSDAP . . . out of
political motives or on account of their official activity.”
THE PRESIDENT: Where is that you were reading, 1398-PS?
COL. STOREY: Yes, Sir; 1398-PS. I am in error, Sir, it is 1394-PS just
previous.
THE PRESIDENT: Which article are you reading?
COL. STOREY: I am afraid I don’t have the reference, but here is the
quotation, I think it is on that one page. “A Law to Guarantee Public
Peace,” and then it has to do—it is Article 2, I believe—Paragraph 2,
Article 1.
I next refer to Document 1395-PS, which is the English translation of
the Law on Security and the Unity of Party and State of 1 December 1933,
and it was enacted “to secure the unity of Party and state.” This law
provided that the Nazi Party was the pillar of the German State and was
linked to it indissolubly; it also made the Deputy of the Führer (then Hess)
and the Chief of Staff of the SA (then Röhm) members of the Reich
Cabinet. I quote:
“After the victory of the National Socialist revolution the
National Socialistic German Labor Party is the bearer of the
concept of the German State and is inseparably the State. It will
be a part of the public law. Its organization will be determined by
the Führer. . . .
“The Deputy of the Führer and the Chief of Staff of the SA will
become members of the Reich Government in order to insure
close co-operation of the offices of the Party and SA with the
public authorities.”
This law was a basic measure in enthroning the Leadership Corps in a
position of supreme political power in Germany. For it laid down that the
Party, directed by the Leadership Corps, was the embodiment of the State
and in fact was the State. Moreover, this law made both the Führer’s Deputy
and the Chief of Staff of the SA, which was a Party formation subject to the
call of the Hoheitsträger, Cabinet members, thus further solidifying the
leadership control of the Cabinet. The dominant position of the Leadership
Corps is further revealed by the provision that the Reich Chancellor would
issue the carrying-out regulations of this law in his capacity as Führer of the
Nazi Party. The fact that Hitler, as Führer of the Leadership Corps, could

promulgate rules which would have statutory force and be published in the
Reichsgesetzblatt, the proper compilation for State enactments, is but a
further reflection of the reality of the Party’s domination of the German
State.
I now refer to Document 2775-PS, which is Exhibit Number USA-330,
which is the English translation of certain extracts from Hitler’s speeches to
the 1934 and 1935 Party Congress at Nuremberg. I quote from the second
extract in Document 2775-PS, which is a declaration by Hitler to the 1934
Party Congress and which reads—just one sentence, “It is not the State
which gives orders to us, it is we who give orders to the State.”
Upon the evidence, that categorical statement of the Führer of the
Leadership Corps, affirming the dominance of the Party over the State,
cannot be refuted.
On the 30th of June 1934 Hitler, as head of the Nazi Party, directed the
massacre of hundreds of SA men and other political opponents. Hitler
sought to justify these mass murders by declaring to the Reichstag that “at
that hour I was responsible for the fate of the German nation and the
supreme judge of the German people.” The evidence relating to these events
will be presented at a later stage in connection with the case against the SA.
On the 3rd of July 1934 the Cabinet issued a decree describing the
murders and the massacre of 30 June 1934, in effect, as legitimate self-
defense by the State. By this law the Reich Cabinet moved to make
themselves accessories after the fact of these murders. The domination by
the Party, however, makes the Cabinet’s characterization of these criminal
acts by Hitler and his top Party leaders as state measures consistent with
political reality. I refer now to Document 2057-PS, which is the English
translation of the “Law Relating to the National Emergency Defense
Measures” of 3 July 1934, in the Reichsgesetzblatt of that year, Part I, Page
529, and I quote the single article of that law, which reads as follows—this
still has reference to the blood purge:

“The measures taken on 30 June and 1 and 2 July 1934 to
counteract attempts at treason and high treason shall be
considered as national emergency defense.”
On 12 July 1934 there was enacted a law defining the function of the
Academy for German Law. I refer to Document 1391-PS, which is an
English translation of the statute of the Academy for German Law, 12 July
1934, 1934 Reichsgesetzblatt, Part I, Pages 605 and 606:
“In constant, close connection with the agencies competent for
legislation, it”—the academy—“shall further the realization of the
National Socialist program in the realm of the law.”
On 30 January 1933, Hitler, the Leader of the Nazi Party and Führer of
the Leadership Corps, was appointed Chancellor of the Reich. When
President Von Hindenburg died in 1934, the Führer amalgamated into his
person the offices of Chancellor and Reich President. I refer to Document
2003-PS, which establishes that fact, and I do not quote. It is
Reichsgesetzblatt 1934, Part I, Page 747.
By decree of the 20th of December 1934 Party uniforms and institutions
were granted the same protection as those of the State. This law was
entitled, “Law Concerning Treacherous Acts against the State and Party and
for the Protection of Party Uniforms.” This law imposed heavy penalties
upon any person making false statements injuring the welfare or prestige of
the Nazi Party or its agencies. It authorized the imprisonment of persons
making or circulating malicious or baiting statements against leading
personalities of the Nazi Party, and it provided punishment by forced labor
for the unauthorized wearing of Party uniforms or symbols. I again refer to
Document 1393-PS, not quoting, which is the English translation and gives
the authority.
Finally, by the law of 15 September 1934 the swastika flag of the Party
was made the official flag of the Reich. I refer to Document 2079-PS,
which is the English translation of the Reich Flag Law found in
Reichsgesetzblatt 1935, Part I, Page 1145. Just this one sentence—the
quotation, “The Reich and national flag is the swastika flag.”
The swastika was the flag and symbol of the Leadership Corps of the
Nazi Party. By law it was made the flag of the State; a recognition that the

Party and its corps of political leaders were the sovereign powers in
Germany.
On 23 April 1936 a law was enacted granting amnesty for crimes which
the offender had committed “in his eagerness to fight for the National
Socialist ideals.” I cite Document 1386-PS, which is the English translation
of the “Law Concerning Amnesty,” Reichsgesetzblatt 1936, Part I, Page
378.
In furtherance of the conspiracy to acquire totalitarian control over the
German people, a law was enacted on 1 December 1936 which incorporated
the entire German youth within the Hitler Youth, thereby achieving total
mobilization of the German youth. And I cite Document 1392-PS,
containing that law, 1936 Reichsgesetzblatt, Part I, Page 993. The law
further provided that the task of educating the German youth through the
Hitler Youth was entrusted to the Reichsleiter of the German youth in the
NSDAP. By this law a monopoly control over the entire German youth was
placed in the hands of the top official, a Reichsleiter of the Leadership
Corps of the Nazi Party, the Defendant Von Schirach.
On 4 February 1938 the Führer of the Leadership Corps of the Nazi
Party, Hitler, issued a decree in which he took over direct command of the
whole German Armed Forces. I cite Document 1915-PS, 1938
Reichsgesetzblatt, Part I, Page 111. Hitler says, “From now on, I take over
directly and personally the command of the whole Armed Forces.”
By virtue of the earlier law of 1 August 1934 Hitler combined the
offices of the Reich President and the Chancellorship. In the final result,
therefore, Hitler was Supreme Commander of the Armed Forces, the Head
of the German State, and the Führer of the Nazi Party. With respect to this,
the Party manual states as follows, and I quote from Page 19 of Document
1893-PS:
“The Führer created the National Socialist German Workers’
Party. He filled it with his spirit and his will, and with it he
conquered the power of the State on 30 January 1933. The
Führer’s will is the supreme law in the Party. . . .
“By authority of the law about the Chief of State of the German
Reich, dated 1 August 1934, the office of the Reich President has
been combined with that of the Reich Chancellery. Consequently,
the powers heretofore possessed by the Reich President were

transferred to the Führer, Adolf Hitler. Through this law, the
conduct of the Party and State has been combined in one hand. By
desire of the Führer, a plebiscite was conducted on this law on 19
August 1934. On this day, the German people chose Adolf Hitler
to be their sole leader. He is responsible only to his conscience
and to the German nation.”
A decree of 16 January 1942 provided that the Party should participate
in legislation and official appointments and promotions. I cite as proof
Document 2100-PS, which is the English translation of a directive
concerning the application of the Führer decree relating to the Chief of the
Party Chancellery, 1942 Reichsgesetzblatt, Part I, Page 35. The decree
further provided that such participation should be undertaken exclusively by
the Defendant Bormann, Chief of the Party Chancellery and Reichsleiter of
the Leadership Corps. The decree provided that the Chief of the Party
Chancellery was to take part in the preparation of all laws and decrees
issued by Reich authorities, including those issued by the Ministerial
Council for Defense of the Reich, and to give his assent to those of the
Länder and of the Reich governors—the Länder being the German states.
All communications between the State and Party authorities, unless within
the Gau only, were to pass through Bormann’s hands. This decree is of
crucial importance in demonstrating the ultimate control and responsibility
imputable to the Leadership Corps for governmental policy and actions
taken in furtherance of the conspiracy.
On or about the 26th of April 1942 Hitler declared in a speech that in his
capacity as leader of the nation, Supreme Commander of the Armed Forces,
Supreme Head of the Government, and as Führer of the Party, his right must
be recognized to compel with all means at his disposal every German,
whether soldier, judge, State official, or Party official, to fulfill his desire.
He demanded that the Reichstag officially recognize this asserted right; and
on the 26th of April 1942 the Reichstag issued a decision in which full
recognition was given to the rights of the Führer which I have just asserted.
I cite Document 1961-PS, which is the English translation of that decision,
found in 1942 Reichsgesetzblatt, Part I, Page 247. I quote:
“At the proposal of the President of the Reichstag, on its session
of 26 April 1942, the Greater German Reichstag has unanimously

approved of the rights which the Führer has postulated in his
speech with the following decision:
“There can be no doubt that in the present war, in which the
German people is faced with a struggle for its existence or
annihilation, the Führer must have all the rights postulated by him
which serve to further or achieve victory. Therefore, without
being bound by existing legal regulations, in his capacity as
leader of the nation, Supreme Commander of the Armed Forces,
Governmental Chief and Supreme Executive Chief, as Supreme
Justice and as leader of the Party, the Führer must be in the
position to force with all means at his disposal every German, if
necessary—whether he be a common soldier or officer, low or
high, official or judge, leading or subordinate official of the Party,
worker or employee—to fulfill his duties. In case of violation of
these duties, the Führer is entitled, after conscientious
examination, regardless of so-called well-deserved rights, to mete
out due punishment and to remove the offender from his post,
rank, and position without introducing prescribed procedures.
“At the order of the Führer, this decision is hereby made public.
Berlin, 26 April 1942.”
Hitler, himself, perhaps, best summarized the political realities of his
Germany which constituted the basis for the Prosecution’s submission that
the Leadership Corps of the Nazi Party and its following effectively
dominated the State. The core and crux of the matter was stated by Hitler in
his speech to the Reichstag on 20 February 1938, when he declared, in
effect, that every institution in Germany was under the direction of the
Leadership Corps of the Nazi Party.
I cite as the Prosecution’s final exhibit in support of the proposition that
the Leadership Corps dominated the German State with resulting
responsibility, Document 2715-PS, which is the book containing Hitler’s
speech to the Reichstag on the 20th of February 1938, as reported in Das
Archiv, Volume 47, February 1938, Pages 1441 and 1442. I quote a brief
excerpt from Document 2715-PS; and I introduce it as Exhibit USA-331:
“National Socialism has given the German people that leadership
which as Party not only mobilizes the nation but also organizes it,

so that on the basis of the natural principle of selection, the
continuance of a stable political leadership is safeguarded
forever. . . . National Socialism . . . possesses Germany entirely
and completely since the day when, 5 years ago, I left the house
in Wilhelmsplatz as Reich Chancellor. There is no institution in
this State which is not National Socialist. Above all, however, the
National Socialist Party in these 5 years has not only made the
nation National Socialist but also has given itself that perfect
organizational structure which guarantees its preservation for all
the future. The greatest guarantee of the National Socialist
revolution lies in the complete domination of the Reich and all of
its institutions and organizations, internally and externally, by the
National Socialist Party. Its protection against the world abroad,
however, lies in the new National Socialist Armed Forces. . . . In
this Reich anybody who has a responsible position is a National
Socialist. . . . Every institution of this Reich is under the
command of the supreme political leadership. . . . The Party leads
the Reich politically; the Armed Forces defend it militarily . . . .
There is nobody in any responsible position in this state who
doubts that I am the authorized leader of this Reich. . . .”
The supreme power which the Leadership Corps exercised over the
German State and Government is pointed out by an article published in this
same authoritative magazine Der Hoheitsträger, in February 1939. In this
article, which was addressed to all Hoheitsträger, the Leadership Corps is
reminded that it has conquered the state and possesses absolute and total
power in Germany. I cite Document 3230-PS, which is the English
translation of an article entitled “Fight and Order”; and I quote from this
article, which trumpets forth in what we might term as accents of
Caesarism, the battle call of the Leadership Corps in German life. I quote:
“Fight? Why do you always talk of fighting? You have conquered
the state, and if something does not please you, then just make a
law and regulate it differently. Why must you always talk of
fighting? For you have every power. Over what do you fight?
Foreign politics? You have the Wehrmacht—it will wage the fight
if fight is required. Domestic politics? You have the law and the

police which can change everything which does not agree with
you.”
THE PRESIDENT: Is this a good time to break off?
COL. STOREY: Yes, Sir.
[A recess was taken.]

COL. STOREY: In view of the domination of the German State and
Government by the Nazi Party and the Leadership Corps thereof as
established by the foregoing and other evidence heretofore recited in the
previous trial briefs, it is submitted that the Leadership Corps of the Nazi
Party is responsible for the measures, including the legislative enactments,
taken by the German State and Government in furtherance of the conspiracy
formulated and carried out by the co-conspirators and the organizations
charged with criminality in the present case.
I now skip and go to the overt acts and crimes of the Leadership Corps.
The evidence now to be presented will establish that the membership of the
Leadership Corps actively entered into a wide variety of acts and measures
designed to advance the course of the conspiracy. The evidence will show
that such participation by the Leadership Corps in the conspiracy embraces
such measures as anti-Semitic activities, war crimes committed against
members of the Allied Forces, participation in the forced-labor program,
measures to subvert and undermine the Christian religion and persecute the
Christian clergy, the plundering and spoliation of cultural and other
property in German occupied territories in Europe, participation in plans
and measures leading to the initiation and prosecution of aggressive war,
and in general, the wide variety of measures embracing the Crimes against
the Peace, War Crimes, and Crimes against Humanity as defined and
denounced by the Charter.
The first item of evidence we have to introduce is in connection with the
participation of the Gauleiter and Kreisleiter in what the Nazis describe as
the “spontaneous uprising of the people” against the Jews throughout
Germany on 9 and 10 November 1938. We do not intend to introduce, by
diverting from the text, any evidence formerly introduced by Major Walsh
on the persecution of the Jews but only to show the connection of a few of
the Party officials in connection with the assassination of an official of the
German Embassy in Paris on the 7th of November.

The evidence relating to these pogroms has been thoroughly presented
in connection with the Prosecution’s evidence in other phases of the case,
particularly of the persecution of the Jews. I shall therefore limit myself to
two documents and will request the Tribunal to recall that in the teletyped
directive from SS Gruppenführer Heydrich, issued the 10th of November
1938 to all police headquarters and SD districts, all chiefs of the State
Police were ordered to contact the political leaders in the Gaue and the
Kreise and to arrange with these high officials in the Leadership Corps the
organization of the so-called spontaneous demonstrations against the Jews.
The evidence previously presented shows that pursuant to this directive
a large number of the Jewish shops and businesses were pillaged and
wrecked, synagogues set on fire, individual Jews beaten up, and large
numbers taken to concentration camps. This evidence forcibly illustrates the
employment and participation of all the Kreisleiter and Gauleiter in illegal
and inhuman measures designed to further the anti-Semitic program which
was an original and continuous objective of the Leadership Corps of the
Nazi Party. I simply refer again to Document 3051-PS, Exhibit Number
USA-240, and simply call Your Honors’ attention to the different political
leaders that were named in that document; and I will not attempt to read nor
refer to it again.
Diverting again from the text, I want to offer at this time in evidence . . .
THE PRESIDENT: Colonel Storey, is it addressed to these various
ranks in the Leadership Corps?
COL. STOREY: Your Honor, I notice on the first page it is addressed—I
am not good in German—but to the State Police, to the SD, and to some
other SD officials.
THE PRESIDENT: What has that got to do with the Leadership Corps?
COL. STOREY: It has to do with directions to Party officials to take
part in these demonstrations. In other words, through certain officials of the
Leadership Corps this directive was dispatched and directed.
THE PRESIDENT: Are you sure the State Police and SD are any of
these ranks in the Leadership Corps?
COL. STOREY: If Your Honors will refer to this original chart, this big
one, you will notice that the SA, and SS, and several of the organizations
are listed on the left-hand part of that big chart. I think it is in the folder
there on Your Honors’ desk. In other words, the close examination of that
directive will show that they were to contact different political leaders in

connection with the carrying into effect of this demonstration of the 9th and
10th of November. That is the only purpose for which it is offered. It has
been introduced in evidence, but the reason I mention it at this time . . .
THE PRESIDENT: I can’t see that it shows it. It seems to me to be a
letter from the Chief of the Security Police to all headquarters and stations
of the State Police.
COL. STOREY: I don’t have the English translation before me at this
moment, Your Honor.
THE PRESIDENT: Well, go on.
COL. STOREY: I now offer in evidence Document 3063-PS, Exhibit
USA-332. This was a report from the Chief Party Judge Buch to the
Defendant Göring, dated the 13th of February 1939, concerning actions
taken by the Supreme Party Court for excesses in connection with the
demonstrations of 9 and 10 November 1938. I don’t believe this, if Your
Honors please, is in the document book—3063-PS.
THE PRESIDENT: Yes, it is.
COL. STOREY: I beg your pardon. I had forgotten whether it is in here.
I quote just a brief portion of it:
“When all the synagogues burned down in one night it must have
been organized in some way and can only have been organized by
the Party.”
It is a long document, and that is the only portion I quote. I don’t have the
reference to it.
THE TRIBUNAL (Mr. Biddle): What page?
COL. STOREY: I am sorry, Sir, I don’t have the reference book.
THE PRESIDENT: On Page 1. As you say you don’t have the document
before you, there isn’t much use referring you to it.
COL. STOREY: I gave the German text over there, Sir.
“When all the synagogues burned down in one night it must have
been organized in some way, and can only have been organized
by the Party.”
The first paragraph, Page 7.
Now I turn to illustrate the crimes against the Allied airmen. The
members of the Leadership Corps of the Nazi Party participated in and
shared the responsibility for the murder, beating, and ill-treatment of Allied

airmen who landed in German or German-controlled territory. Many Allied
airmen who bailed out of disabled planes over Germany were not treated as
prisoners of war but were beaten and murdered by German civilians with
the active condonation, indeed at the instigation, of some of the Leadership
Corps of the Nazi Party. Such a course of conduct by the Leadership Corps
represented a flagrant and deliberate violation by the German Government
of its obligations under the Geneva Convention to protect prisoners of war
against acts of violence and ill-treatment.
As shown by Document 2473-PS—it is necessary to turn to that—
which is a list of the Reichsleiter of the Nazi Party appearing in the
National Socialist Yearbook of 1943 and by Document 2903-PS, which is
this large chart, Heinrich Himmler was a Reichsleiter of the Nazi Party and
thus a top official in the Leadership Corps by virtue of his positions as
Reichsführer of the SS and Delegate for German Folkdom. I now offer in
evidence an original order signed by Himmler, Document R-110 as Exhibit
Number USA-333. It is dated 10 August 1943, and I quote:
“It is not the task of the police to interfere in clashes between
Germans and English and American terror fliers who have bailed
out.”
This order was transmitted in writing to all senior executive SS and
Police officers, and orally to their subordinate officers and to all Gauleiter.
As shown in Document 2473-PS and by the chart, Joseph Goebbels . . .
THE PRESIDENT: I was only thinking that the police are not part of
the Leadership Corps, are they?
COL. STOREY: But Himmler, if Your Honor pleases, combined the
offices himself of the Reichsführer of the SS and head of the German
police. He was an officer of the State; he was an officer of the Party; and he
issued this to officials of the Leadership Corps.
THE TRIBUNAL (Mr. Biddle): And your point is, this order of
Himmler’s would be proof against the 600,000 members that you have
spoken of?
COL. STOREY: Not against the members, but I said against the
organization as a criminal organization, because from the top it
disseminated orders of this type through the channels of the Leadership
Corps.

THE PRESIDENT: But that is what I was putting to you, that it was not
through the channels of the Leadership Corps, but through the channels of
the police.
COL. STOREY: But the police, if Your Honor pleases, were connected
with the Leadership Corps; and Himmler stood at the top of both. It does
not show on that chart; but it is shown on the other big chart, if Your
Honors please, with reference to Goebbels, who was a top-flight official in
the Leadership Corps of the Nazi Party, by virtue of his position as
Propaganda Leader of the Party. In the issue of the Völkischer Beobachter
of 29 May 1944 there appeared an article written by Goebbels, the
Reichsleiter for Party Propaganda, in which he openly invited the German
civilian population to punish Allied fliers shot down over Germany. I refer
to Document 1676-PS, Exhibit USA-334, which is the issue of the
Völkischer Beobachter containing this article inciting the people to the
commission of War Crimes. I now quote:
“It is only possible with the aid of arms to secure the lives of
enemy pilots who were shot down during such attacks, for they
would otherwise be killed by the sorely tried population. Who is
right here? The murderers who, after their cowardly misdeeds,
await a humane treatment on the part of their victims, or the
victims who wish to defend themselves according to the principle:
‘An eye for an eye, a tooth for a tooth’? This question is not hard
to answer.”
Reichsleiter Goebbels then proceeds to answer this question in the
following language, and still quoting:
“It seems to us hardly possible and tolerable to use German police
and soldiers against the German people when it treats murderers
of children as they deserve.”
On the 30th of May 1944 the Defendant Bormann, Reichsleiter and
Chief of the Party Chancellery, issued a circular letter on the subject which
furnishes indisputable proof that British and American fliers, who were shot
down, were lynched by the German population. I offer this circular letter of
the Defendant Bormann into evidence—Document 057-PS; it is up towards
the top.
THE PRESIDENT: Have you got the original book?

COL. STOREY: Just a moment, Your Honor.
After alleging that in recent weeks English and American fliers had
repeatedly shot children, women, peasants, and vehicles on the highways,
Bormann then states as follows in the second paragraph of the English
translation; I quote:
“Several instances have occurred where members of the crews of
such aircraft, who have bailed out or who have made forced
landings, were lynched on the spot immediately after capture by
the populace, which was incensed to the highest degree. No
police measures or criminal proceedings were invoked against the
German civilians who participated in these incidents.”
The attention of the Tribunal is particularly invited to the fact that this
letter of the Defendant Bormann is distributed through the chain of
command of the Nazi Party, expressly mentioning on the distribution list
Reichsleiter, Gauleiter, Kreisleiter, and leaders of the incorporated and
affiliated organizations of the Party. The Defendant Bormann requested, in
the first paragraph of the second page which is found in the English
translation, that the local group leaders (Ortsgruppenleiter) be informed of
the contents of his circular letter orally—only by oral means.
The effect of Reichsleiter Bormann’s circular letter may be seen in an
order dated 25 February 1945 which I now offer in evidence; it is
Document L-154, Exhibit Number USA-335. It is an order from Albert
Hoffmann, an important member of the Leadership Corps by virtue of his
position as Gauleiter and National Defense Commissioner of the Gau
Westfalen-Sud. It is addressed to all county councillors, mayors, police
officials, and to county leaders and county chiefs of the Volkssturm.
“Fighter-bomber pilots who are shot down are in principle not to
be protected against the fury of the people. I expect from all
police officers that they will refuse to lend their protection to
these gangster types. Authorities acting in contradiction to the
popular sentiment will have to account to me. All police and
gendarmerie officials are to be informed immediately of this, my
attitude.”
The obligations . . .
THE PRESIDENT: Who is Hoffmann?

COL. STOREY: Albert Hoffmann was a member of the Leadership
Corps by virtue of his position as Gauleiter and National Defense
Commissar of the Gau Westfalen-Sud. In this connection, if Your Honor
pleases, I quote the provisions of the Geneva Convention, 27 July 1929,
Article 2, which provides—and I simply ask the Court to take judicial
knowledge:
“Prisoners of war are in the power of the hostile power, but not of
the individuals or corps who have captured them. They must at all
times be humanely treated and protected, particularly against acts
of violence, insults, and public curiosity. Measures of reprisal
against them are prohibited.”
THE PRESIDENT: Is that the 1907 . . .
COL. STOREY: 1929, the Geneva Convention dated 27 July 1929—
Article 2—and it was also ratified by Germany and the United States. It is
clear from the foregoing quoted provisions that the Geneva prisoners-of-
war convention imposes upon its signatories the strictest obligations to
protect its prisoners of war from violence. The evidence just presented
shows that the German State violated this provision. The evidence also
proves that members of the Leadership Corps of the Nazi Party participated
in the conspiracy to incite the German civilian population to take part in
these atrocities.
Now I next turn to some illustrative crimes against foreign labor.
On 13 September 1936 Reichsleiter of the Party Organization, Dr.
Robert Ley, addressed 20,000 people attending a session of the Party
Congress. The official account of the Party rally states that the Führer was
received with “enthusiastic shouts of exaltation” when he strode through the
hall with his deputy, his constant retinue, and several Reichsleiter and
Gauleiter. I am referring to Document 2283-PS, and it is the Völkischer
Beobachter of 14 September 1936, Page 11, which we offer as Exhibit
Number USA-337. In his speech Reichsleiter Robert Ley states that he had
been mystified when the Führer ordered him in “mid-April 1933 to take
over the trade unions . . . since I could not see any connection between my
task as organizational leader of the Party and my new task.” Ley continues
by stating that very soon it became clear to him why his responsibilities as
Reichsleiter of the Party Organization and Leader of the German Labor
Front made logical his selection by the Führer as the man to direct the

smashing and dissolution of the free trade unions; and I quote from that
document:
“Very soon your decision, my Führer, became clear to me and I
recognized that the organizational measures of the Party could
only come to full fruition when supplemented by the organization
of the people, that is to say by the mobilization of the energies of
the people and by their concentration and alignment. . . . My tasks
as Reichsleiter of the Party Organization and as Leader of the
German Labor Front were a completely homogeneous task; in
other words, in everything I did, I acted as Reichsleiter of the
Party Organization. The German Labor Front was an institution of
the Party and was led by it. The German Labor Front had to be
organized regionally and technically—according to the same
principles as the Party. That is why trade union and employee
associations had to be smashed unrelentingly, and the basis of
construction was formed, as in the Party, by the cell and the local
section.”
On 17 October 1944 Reichsleiter Rosenberg sent a letter to Reichsleiter
Bormann which I introduce as Document 327-PS, Exhibit Number USA-
338, in which he informed the latter that he had sent a telegram to the
Gauleiter urging them not to interfere in the liquidation of certain listed
companies and banks under his supervision. Rosenberg emphasizes to
Bormann that any “delay of liquidation or independent confiscation of the
property by the Gauleiter would impair or destroy an organized plan” for
the liquidation of a vast amount of property.
On 7 November 1943 the Chief of the General Staff of the Armed
Forces delivered a lecture at Munich to the Reichsleiter and the Gauleiter. I
now refer to Document L-172, previously introduced in evidence as Exhibit
Number USA-34. The Chief of Staff stated that his object was to give a
review of the strategic position at the outset of the fifth year of war; and he
stated that he realized that the political leaders in the Reich and Gau areas,
in view of their burdensome tasks in supporting the German war effort,
were in need of information he could give. He stated, in part, as follows:
“Reichsleiter Bormann has requested me to give you a review
today of the strategic position in the beginning of the fifth year of
war. . . . No one—the Führer has ordered—may know more or be

told more than he needs for his immediate task; but I have no
doubt at all in my mind, gentlemen, that you need a great deal in
order to be able to cope with your tasks. It is in your Gaue, after
all . . . that all the enemy propaganda, and the demoralization
through malicious rumors that try to find themselves a place
among our people concentrate . . . . Against this wave of enemy
propaganda and cowardice . . . you need to know the true
situation; and for this reason, I believe that I am justified in giving
you a perfectly open and uncovered account of the state of
affairs.”
Reichsleiter Bormann distributed to all Reichsleiter, Gauleiter, and
leaders of Party-affiliated organizations an undated letter, which is
Document 656-PS, Exhibit Number USA-339, on the National Socialist
Party stationery, signed by Bormann, an order of the Supreme Command of
the Wehrmacht relating to self-defense by German guard personnel and
German contractors and workers against prisoners of war. The order of the
Wehrmacht referred to states that the question of treatment of prisoners of
war is continually being discussed by the Wehrmacht and Party bureaus.
The order states that should prisoners of war refuse to obey orders to work,
the guard has “in the case of the most pressing need and danger the right to
force obedience with the weapon if he has no other means. He can use the
weapon as much as is necessary to attain his goal.”
On 18 April 1944 Reich Commissar Lohse, Reich Minister for the
Occupied Eastern Territories, in a letter to Reich Youth Leader Axmann—I
now offer in evidence Document 347-PS, Exhibit Number USA-340—
proposed that the Hitler Youth participate in and supervise the military
education of the Estonian and Latvian youth. Lohse states in the above
letter that:
“In the military education camps the young Latvians are trained
under Latvian leaders in the Latvian language, not because this is
our ideal but because absolute military necessity demands this.”
Lohse further stated in the above letter, and I quote:
“. . . in contrast to the Germanic peoples of the West, military
education is no longer to be carried out through voluntary,
enlistments but through legal conscription. The camps in Estonia

and Latvia will have to be under German leadership; and as
military education camps of the Hitler Youth, they must be a
symbol of our educational mission beyond Germany’s borders. I
consider the execution of the military education of the Estonian
and Latvian youth not only a military necessity but also a war
mission of the Hitler Youth, especially. I would be thankful to
you, Party Member Axmann, if the Hitler Youth would put itself
at our disposal with the same readiness with which they have so
far supported our work in the Baltic area.”
An order of the Reich Minister of the Interior, Frick, dated 22 October
1938, is Document 1438-PS, of which I ask the Court to take judicial
notice, and I quote:
“The Reichsführer SS and the Chief of the German Police . . . can
take the administrative measures necessary for the maintenance of
security and order even beyond the legal limits otherwise set on
such measures.”
The above order related to the administration of the Sudeten-German
territory.
In a letter dated 15 April 1943, our Document Number 407-PS, already
in evidence as Exhibit Number USA-209, Gauleiter and Plenipotentiary for
the direction of labor Fritz Sauckel wrote to Hitler advising him of the
success of the forced-labor program as of that date and stating that—and I
quote:
“You can be assured that the District of Thuringia and I will serve
you and our dear people with the employment of all our strength.”
I now offer in evidence Document 630-PS, Exhibit Number USA-342. If
Your Honor pleases, I would like to call to your attention that this is on the
personal stationery of Adolf Hitler, dated 1 September 1939. It is addressed
to Reichsleiter Bouhler and Doctor of Medicine Brandt, and it is signed
personally by Adolf Hitler. I want to quote all of that document; it is short:
“Reichsleiter Bouhler and Dr. Brandt are charged with the
responsibility of enlarging the authority of certain physicians to
be designated by name in such a manner that persons who,
according to human judgment, are incurable can, upon a most

careful diagnosis of their condition of sickness, be accorded a
mercy death. Signed, A. Hitler.”
A handwritten note on the face of the document states: “Given to me by
Bouhler on 27 August 1940. Signed, Dr. Gürtner.”
In a memorandum recording an agreement between himself and
Himmler, the Minister of Justice Thierack stated that on the suggestion of
Reichsleiter Bormann an agreement had been reached between Himmler
and himself with respect to “special treatment at the hands of the police in
cases where judicial sentences were not severe enough.”
I will offer Document 654-PS, Exhibit Number USA-218, which was
previously introduced, and I want to quote one portion:
“The Reich Minister of Justice will decide whether and when
special treatment at the hands of the police is to be applied. The
Reich Führer SS will send the reports, which he sent hitherto to
Reichsleiter Bormann, to the Reich Minister of Justice.”
If the views of the Reich Führer SS and the Reich Minister of Justice
disagreed, “the opinion of Reichsleiter Bormann will be brought to bear
upon the case, and he will possibly inform the Führer.”
In the above note it is further stated:
“The delivery of asocial elements from execution of their
sentence to the Reich Führer of SS to be worked to death: Persons
under preventative arrest, Jews, Gypsies, Russians and
Ukrainians, Poles with more than 3-year sentences, Czechs and
Germans with more than 8-year sentences, according to the
decision of the Reich Minister of Justice. First of all the worst
asocial elements amongst those just mentioned are to be handed
over. I shall inform the Führer of this through Reichsleiter
Bormann.”
With respect to the “administration of justice by the people,” he
continues:
“This is to be carried out step by step . . . as soon as possible. . . .
I shall rouse the Party particularly to co-operate in this scheme by
an article in the ‘Hoheitsträger.’ ”

And Your Honors have already seen copies of that publication. I now
skip Paragraphs 16 and 17.
A letter from RSHA (which is the Reich Security Main Office) to police
chiefs, dated 5 November 1942, which is Document L-316, Exhibit Number
USA-346—this was addressed to all police chiefs—recites an agreement
between the Reich Führer SS and the Reich Minister of Justice, approved
by Hitler—I call the attention of Your Honors to the red border around this
original, and then having the Party seal on it—provides that the ordinary
criminal procedure was no longer to be applied to Poles and members of the
Eastern populations. The agreement provided that such people, including
Jews and Gypsies, should henceforth be turned over to the police. The
principles applicable to a determination of the punishment of German
offenders, including appraisal of the motives of the offender, were not to be
applied to foreign offenders. I quote from Page 2 of the document:
“The offense committed by a person of foreign extraction is not to
be regarded from the view of legal retribution by way of justice
but from the point of view of preventing dangers through police
action.
“From this it follows that the criminal procedure against persons
of foreign extraction must be transferred from justice to the
police.
“The preceding statements serve for personal information. There
are no objections if the Gauleiter are informed in the proper form,
should the need arise.”
I now skip Paragraphs 19 and 20 of the text. I next refer to Document
1058-PS, previously introduced in evidence as Exhibit Number USA-147.
In a speech to a gathering of persons intimately concerned with the
Eastern problem, on 20 June 1941, Reichsleiter Rosenberg stated that the
southern Russian territories and the northern Caucasus would have to
provide food for the German people. I quote Rosenberg’s words:
“We see absolutely no obligation on our part to feed the Russian
people, also, with the products of that surplus territory. We know
that this is a harsh necessity, bare of any feelings.”
THE PRESIDENT: We have already had that read to us twice.

COL. STOREY: I am sorry, Sir. I did not hear it. Strike it from the
record.
I now refer to Document R-114. I believe it is the last one in the book,
Exhibit Number USA-314.
Gauleiter Wagner, of the German-occupied areas of Alsace, prepared
plans and took measures leading to the expulsion and deportation of certain
groups within the Alsatian civilian population. His plans called for the
forcible expulsion of certain categories of so-called undesirable persons as a
means of punishment and compulsory Germanization. The Gauleiter
supervised deportation measures in Alsace from July to December 1940 in
the course of which 105,000 persons were either expelled or prevented from
returning. A memorandum, dated 4 August 1942, of a meeting of high SS
and police officials convened to receive the reports and plans of the
Gauleiter relating to the Alsatian evacuations, states that the persons
deported were mainly “Jews, Gypsies, and other foreign racial elements,
criminals, asocial and incurably insane persons, as well as Frenchmen and
Francophiles.” The memorandum further states the Gauleiter stated that the
Führer had given him permission “to cleanse Alsace of all foreign, sick, or
unreliable elements”; and that the Gauleiter emphasized the political
necessity of further deportations. The memorandum further records that the
SS and police officials present at the conference approve the Gauleiter’s
proposals for further evacuation.
I now skip over to the next paragraph, 24.
A memorandum by Reichsleiter Bormann of a conference called by
Hitler at his headquarters, 16 July 1941, which is Document L-221, Exhibit
Number USA-317. I’m sorry, I believe that one was quoted this morning.
The only purpose in referring to it is in connection with the Reichsleiter. I
believe Captain Harris quoted from that document this morning, and I’ll not
read the quotation.
I call attention to the fact, however, that this conference was attended by
Reichsleiter Rosenberg, Reich Minister Lammers, Field Marshal Keitel, the
Reich Marshal, and Bormann and lasted about 20 hours. The memorandum
states that discussion occurred with respect to the annexation by Germany
of various parts of conquered Europe. The memorandum also states that a
long discussion took place with respect to the qualifications of Gauleiter
Lohse, who was proposed by Rosenberg at this conference, as Governor of
the Baltic States.

Discussion also occurred, according to the memo, with respect to the
qualifications of other Gauleiter and commissioners for the administration
of various areas of Occupied Russia. Göring stated, according to the
memorandum, that he intended to appoint Gauleiter Terboven for
“exploitation of the Kola Peninsula; the Führer agrees.”
I believe the next portion has been quoted, too. I now pass to the
participation of the Leadership Corps in the suppression of the Christian
Church and persecution of the clergy and cite some illustrative crimes.
The evidence relating to the systematic effort of the defendants and co-
conspirators to eliminate the Christian churches in Germany has been
previously introduced in U.S.A. Exhibit Book H by Major Wallis with
respect to the Nazi efforts to eliminate the Christian Church. The evidence
now to be presented is limited to proving and pointing out the responsibility
of the Leadership Corps of the Nazi Party and the members thereof for
illegal activities against the Christian Church and clergy.
The Defendant Bormann issued a secret decree to all Gauleiter entitled,
“Relationship of National Socialism and Christianity.” And that is
Document D-75—it is up toward the top, I believe, Your Honor—Exhibit
Number USA-348. In this decree Reichsleiter Bormann flatly declares that
National Socialism and Christianity are incompatible and that the influence
of the churches in Germany must be eliminated. I quote from pertinent
portions of this decree beginning with the first paragraph thereof, top of
Page 3, which reads as follows:
“National Socialist and Christian concepts are irreconcilable. . . .
“Our National Socialist ideology is far loftier than the concepts of
Christianity which, in their essential points, have been taken over
from Jewry. For this reason, also, we do not need Christianity. . . .
If, therefore, in the future our youth learn nothing more of this
Christianity whose doctrines are far below ours, Christianity will
disappear by itself. . . . It follows from the irreconcilability of
National Socialist and Christian concepts that a strengthening of
existing confessions and every assistance to originating Christian
confessions is to be rejected by us. A differentiation between the
various Christian confessions is not to be made here. For this
reason, also, the thought of an erection of an Evangelical National
Church by merger of the various Evangelical churches has been

definitely given up, because the Evangelical Church is just as
inimical to us as the Catholic Church. Any strengthening of the
Evangelical Church would merely react against us. . . .
“For the first time in German history, the Führer consciously and
completely has the leadership of the people in his own hand. With
the Party, its components, and attached units, the Führer has
created for himself and thereby the German Reich Leadership, an
instrument which makes him independent of the Church. All
influences which might impair or damage the leadership of the
people, exercised by the Führer with the help of the NSDAP, must
be eliminated. More and more the people must be separated from
the churches and their organs, the pastors. Of course, the churches
must and will, seen from their viewpoint, defend themselves
against this loss of power. But never again must an influence on
leadership of the people be yielded to the churches. This influence
must be broken completely and finally.
“Only the Reich leadership and, by its direction, the Party, its
components and attached units have a right to leadership of the
people. Just as the deleterious influences of astrologers, seers, and
other fakirs are eliminated and suppressed by the state, so must
the possibility of Church influence also be totally removed. Not
until this has happened does the state leadership have influence
on the individual citizens. Not until then are people and Reich
secure in their existence for all the future.”
I next offer in evidence Document 070-PS, towards the beginning,
Exhibit Number USA-349, which is a copy of a letter issued from
Bormann’s office, dated 25 April 1941, to the Defendant Rosenberg in his
capacity as the Führer’s representative for the supervision of the entire
mental and ideological training and education of the NSDAP. In this letter
Bormann’s office states that the measures have been taken leading to the
progressive cancellation of morning prayers and other religious services and
their substitution by Nazi mottoes and slogans. I quote from the first
paragraph of Document 070-PS:
“We are inducing schools more and more to reduce and abolish
morning religious services. Similarly the confessional and general

prayers in several parts of the Reich have already been replaced
by National Socialist mottoes. I would be grateful to know your
opinion on a future National Socialist morning service instead of
the present confessional morning services which are usually
conducted once per week.”
In a letter from Reichsleiter Bormann to Reichsleiter Rosenberg dated
22 February 1940, Document 098-PS, Exhibit Number USA-350, which I
offer in evidence, Bormann declares to Rosenberg that the Christian
religion and National Socialism are incompatible. Bormann cites, as
examples of hostile . . .
THE PRESIDENT: Would you take care to give us the number of the
document.
COL. STOREY: I beg pardon, Sir.
THE PRESIDENT: This is 098-PS.
COL. STOREY: Document 098-PS.
THE PRESIDENT: The one before you referred to was 070-PS.
COL. STOREY: Yes—070-PS.
THE PRESIDENT: Before that, D-75?
COL. STOREY: That’s correct. With Your Honor’s permission, rather
than to quote the whole document I have summarized it here. Bormann’s
letter cites as examples the hostile divergence between Nazism and the
churches, the attitude of the latter on the racial question, celibacy of the
priests, monasteries and nunneries. Bormann further declares that the
churches could not be subjugated through compromise but only through a
new philosophy of life as prophesied in Rosenberg’s writings. Bormann
proposes the creation of a National Socialist catechism in order to give that
part of the German youth which declines to practice confessional religion a
moral foundation and to lay a moral basis for National Socialist doctrines,
which are gradually to supplant the Christian religions. Bormann suggests
that some of the Ten Commandments could be merged with the National
Socialist catechism and states that a few new commandments should be
added, such as: “Thou shalt be courageous; Thou shalt not be cowardly;
Thou shalt believe in God’s presence in the living nature, animals, and
plants; Thou shalt keep thy blood pure;” et cetera. He concludes that he
considers the problem so important that it should be discussed with the
members of the Reich directorate as soon as possible.

And now one quotation from the fifth paragraph on the first page of that
translation. I would like to quote Paragraph 5 of the first page:
“Christianity and National Socialism are phenomena which
originated from entirely different basic causes. Both differ
fundamentally so strongly that it will not be possible to construct
a Christian teaching which would be completely compatible with
the point of view of the National Socialist ideology; just as the
communities of Christian faith would never be able to stand by
the ideology of National Socialism in its entirety. . . .”
And then I quote from the last paragraph on Page 5 of that document:
“The Führer’s deputy finds it necessary that all these questions
should be thoroughly discussed in the near future in the presence
of the Reich leaders”—Reichsleiter—“who are especially affected
by them. . . .”
I next offer in evidence Document 107-PS.
THE PRESIDENT: Do you suggest that the Blockleiter would have to
be present at that discussion?
COL. STOREY: Your Honor, in connection with the policy directives,
the Führerprinzip goes from the top to the bottom; and if that policy is
adopted, they may, by directive, send it as far as the Blockleiter. He says to
discuss it in connection with the Reichsleiter, who are the Party directors;
and I assume that, if the Party directors establish it as a policy, then they
were to issue appropriate directives to the other subordinate members. Mr.
Lambert has suggested also that it would not be possible to discuss this
matter with all the Leadership Corps and therefore they discussed it with
the Party directors.
THE TRIBUNAL (Mr. Biddle): Does that show they did discuss it with
the directors?
COL. STOREY: No, Sir, that doesn’t follow; but it shows that it was a
subject of discussion for the board of directors of the Nazi Party.
THE PRESIDENT: Yes, but the question is, who are the directors?
COL. STOREY: Five or six of them sit here; a total of 16.
THE PRESIDENT: Yes, but I thought that you were asking us to declare
the whole of the organization down to the Blockleiter as criminal.

COL. STOREY: That is true, Your Honor, but this is one evidence, one
instance of the criminality of the organization and we cannot prove at each
stage that all of them knew about it. We are trying to select different
offenses and different crimes that were committed within the Party.
Document 107-PS, Exhibit USA-351, which we now offer in evidence,
is a circular letter, dated 17 June 1938, addressed by the Defendant
Bormann as Reichsleiter and Deputy of the Führer to all Reichsleiter and
Gauleiter. Bormann’s letter encloses a copy of rules, prepared by
Reichsleiter Hierl, setting forth certain restrictive regulations with respect to
participation of the Reich Labor Service in religious celebrations. I quote
pertinent portions of the directions issued by Reichsleiter Hierl, beginning
with the first paragraph in the list of directions in Document 107-PS, on
Page 1 of the English translation:
“The Reich Labor Service is a training school in which the
German youth should be educated to national unity in the spirit of
National Socialism. . . .
“What religious beliefs a person has is not a decisive factor, but it
is decisive that he first of all feels himself a German.
“All confessional discussions are forbidden in the Reich Labor
Service because it disturbs the comrade-like harmony of all the
Labor Service men and the Labor Service women.
“This is also the reason why all participation of the Reich Labor
Service in revivals and other meetings and festivals of religious
character are impossible.”
The Tribunal will appreciate that the position of the Defendant
Bormann, as Deputy of the Führer of the Leadership Corps of the Nazi
Party and Chief of the Nazi Party Chancellery, and the position of the
Defendant Rosenberg, as the Führer’s representative for the whole spiritual
and philosophical education of the Nazi Party, give to the views of these
defendants on religion and religious policy the highest official backing. The
anti-Christian utterances and policies of these two defendants reveal a
community of mind and intention amongst the most powerful leaders of the
Party which was amply confirmed, as the evidence will show, by the actual
treatment of the churches since 1933 and throughout the course of the
conspiracy. I now offer in evidence Document 2349-PS, Exhibit Number

USA-352, which is an excerpt from the book The Myth of the 20th Century,
written by the Defendant Rosenberg. I quote from that document:
“The idea of honor—national honor—is for us the beginning and
the end of our entire thinking and doing. It does not admit of any
equal-valued center of force alongside of it, no matter of what
kind, neither Christian love, nor the Free-Masonic humanity, nor
the Roman philosophy.”
I now offer in evidence Document 848-PS, Exhibit Number USA-353,
which is a Gestapo telegram, dated 24 July 1938, dispatched from Berlin to
Nuremberg, dealing with demonstrations and acts of violence against
Bishop Sproll in Rottenburg. The Gestapo office in Berlin wired its
Nuremberg office a teletype account received from its Stuttgart office of
disorderly conduct and vandalism carried out by Nazi Party members
against Bishop Sproll. I quote from the fourth paragraph of Page 1 of the
English translation of Document 848-PS, which reads as follows:
“The Party, on 23 July 1938, from 2100 on, carried out the third
demonstration against Bishop Sproll. Participants, about 2,500-
3,000, were brought from outside by bus, et cetera. The
Rottenburg populace again did not participate in the
demonstration. This town took a rather hostile attitude toward the
demonstrations. The action got completely out of hand of the
Party member responsible for it. The demonstrators stormed the
palace, beat in the gates and doors. About 150 to 200 people
forced their way into the palace, searched through the rooms,
threw files out of the windows, and rummaged through the beds
in the rooms of the palace. One bed was ignited. . . . The Bishop
was with Archbishop Gröber of Freiburg and the ladies and
gentlemen of his menage in the chapel at prayer. About 25 to 30
people pressed into this chapel and molested those present.
Bishop Gröber was taken for Bishop Sproll. He was grabbed by
the robe and dragged back and forth.”
The Gestapo official in Stuttgart added that Bishop Gröber desired “to
appeal to the Führer and to Reich Minister of the Interior Dr. Frick,” and the
Gestapo official added that he had rendered a detailed report of the
demonstration after suppressing counter mass meetings.

On 23 July 1938 the Reich Minister for Church Affairs, Kerrl, sent a
letter to the Minister of State and Chief of the Präsidium Chancellery,
Berlin, stating that Bishop Sproll had angered the population by abstaining
from the plebiscite of 10 April. I now offer in evidence Document 849-PS,
Exhibit Number USA-354. In this letter Kerrl stated that the Gauleiter and
Governor of Württemberg had decided that in the interest of preserving the
State’s authority and in the interest of quiet and order, Bishop Sproll could
no longer remain in office. I quote from the third paragraph of the first page
of the Document 849-PS:
“The Reich Governor had explained to the Ecclesiastical
Authority that he would no longer regard Bishop Sproll as head of
the Diocese of Rottenburg on account of his refraining from the
election in the office and that he desired Bishop Sproll to leave
the Gau Württemberg-Hohenzollern because he could assume no
guarantee for his personal safety; that in the case of the return of
the Bishop of Rottenburg he would see to it that all personal and
official intercourse with him on the part of State offices as well as
the Party offices and the Armed Forces would be denied.”
Kerrl further states in the above letter that his deputy had moved the
Foreign Office, through the German Embassy at the Vatican, to urge the
Holy See to persuade Bishop Sproll to resign his Bishopric. Kerrl concludes
by stating that should the effort to procure the Bishop’s resignation prove
unsuccessful, “the Bishop would have to be exiled from the land or there
would have to be a complete boycott of the Bishop by the authorities.”
On 14 July 1939 the Defendant Bormann in his capacity as Deputy of
the Führer issued a Party regulation which provided that Party members
entering the clergy or undertaking the study of theology would have to
leave the Party. I now offer in evidence Document 840-PS, Exhibit Number
USA-355; and this is a copy of a regulation by Bormann, relating to the
admission of the clergy and students of theology into the Party. I quote from
the last paragraph of the English translation, which reads—I quote. “I
decree that in the future Party members who enter the clergy or who turn to
the study of theology have to leave the Party.”
In this directive Bormann also refers to an earlier decree, dated 9
February 1939, in which he had ruled that the admission of members of the
clergy into the Party was to be avoided. In this decree, also, Bormann refers

with approval to a regulation of the Reich Treasurer of the Party, dated 10
May 1939, providing that “clergymen as well as other fellow Germans who
are also closely connected with the Church cannot be admitted into the
Party.”
I now offer in evidence Document 3268-PS, Exhibit Number USA-356,
which contains excerpts from the Allocution of His Holiness Pope Pius XII
to the Sacred College, June 2d, 1945. In this address His Holiness, after
declaring that he had acquired an appreciation of the great qualities of the
German people in the course of 12 years of residence in their midst,
expressed the hope that Germany could “rise to new dignity and a new life
once it has laid the satanic specter raised by National Socialism and the
guilty have expiated the crimes they have committed.” After referring to
repeated violations by the German Government of the Concordat concluded
in 1933, His Holiness declared; and I quote from the last paragraph of Page
1 of the English translation of Document 3268-PS:
“The struggle against the Church did, in fact, become ever more
bitter; there was the dissolution of Catholic organizations; the
gradual suppression of the flourishing Catholic schools, both
public and private; the enforced weaning of youth from family
and Church; the pressure brought to bear on the conscience of
citizens, and especially of civil servants; the systematic
defamation, by means of a clever, closely-organized propaganda,
of the Church, the clergy, the faithful, the Church’s institutions,
teachings, and history; the closing, dissolution, confiscation of
religious houses and other ecclesiastical institutions; the complete
suppression of the Catholic press and publishing houses . . . .
“In the meantime the Holy See itself multiplied its representations
and protests to governing authorities in Germany, reminding
them, in clear and energetic language, of their duty to respect and
fulfill the obligations of the natural law itself that were confirmed
by the Concordat. In these critical years, joining the alert
vigilance of a pastor to the long-suffering patience of a father, our
great predecessor, Pius XI, fulfilled his mission as Supreme
Pontiff with intrepid courage.
“But when, after he had tried all means of persuasion in vain, he
saw himself clearly faced with deliberate violations of a solemn

pact, with a religious persecution masked or open but always
rigorously organized, he proclaimed to the world on Passion
Sunday 1937 in his Encyclical, Mit brennender Sorge, that
National Socialism really was: the arrogant apostasy from Jesus
Christ, the denial of His doctrine and of His work of redemption,
the cult of violence, the idolatry of race and blood, the overthrow
of human liberty and dignity . . . .
“From the prisons, concentration camps, and fortresses are now
pouring out, together with the political prisoners, also the crowds
of those, whether clergy or laymen, whose only crime was their
fidelity to Christ and to the faith of their fathers or the dauntless
fulfillment of their duties as priests.
“In the forefront, for the number and harshness of the treatment
meted out to them, are the Polish priests. From 1940 to 1945,
2,800 Polish ecclesiastics and religious were imprisoned in that
camp; among them was the Auxiliary Bishop of Wloclawek, who
died there of typhus. In April last there were left only 816, all the
others being dead except for two or three transferred to another
camp. In the summer of 1942, 480 German-speaking ministers of
religion were known to be gathered there; of these, 45 were
Protestants, all the others Catholic priests. In spite of the
continuous inflow of new internees, especially from dioceses of
Bavaria, Rhenania and Westphalia, their number, as a result of the
high rate of mortality, at the beginning of this year did not surpass
350. Nor should we pass over in silence those belonging to
occupied territories, Holland, Belgium, France (among whom the
Bishop of Clermont), Luxembourg, Slovenia, Italy. Many of those
priests and laymen endured indescribable sufferings for their faith
and for their vocation. In one case the hatred of the impious
against Christ reached the point of parodying on the person of an
interned priest, with barbed wire, the scourging and the crowning
with thorns of our Redeemer.”
THE PRESIDENT: I think perhaps it would be time now to adjourn.

[The Tribunal adjourned until 18 December 1945 at 1000 hours.]

TWENTY-SECOND DAY
Tuesday, 18 December 1945

Morning Session
COL. STOREY: If the Tribunal please, before adjourning yesterday
afternoon, Your Honors properly asked a question or two about Documents
3051-PS and 3063-PS, to which I think I have an answer that will help the
Tribunal. Your Honors will recall, with reference to Document 3051-PS—I
believe it might be of assistance to turn to that document.
THE PRESIDENT: Yes.
COL. STOREY: Your Honors asked yesterday afternoon, since this had
to do with the SD and the SS, how the Party was involved. And I should
like to quote Paragraph Number 1 on Page 2 of the English translation,
which answers this question, and I am quoting:
“The Chiefs of the State Police or their deputies, upon receipt of
this teletype, must get in contact by telephone with the political
administration (Gauleitung or Kreisleitung) having jurisdiction
over their districts and must arrange a joint meeting with the
appropriate inspector or commander of the Order Police to
discuss the organization of the demonstration. At these
discussions the political leaders are to be informed that the
German Police have received from the Reichsführer SS and Chief
of the German Police the following instructions, in accordance
with which the political leaders should adapt their measures.”
That had to do with the preparation for the general anti-Jewish uprisings.

Now, with reference to Document 3063-PS, which follows just below
that one, if Your Honor pleases.
THE PRESIDENT: Very well.
COL. STOREY: That, if you recall, Your Honor, was a report from the
Supreme Party Court Justice Buch to the Defendant Göring concerning
punishment for the uprisings that followed the 9th and 10th of November
demonstration. I should like to quote the portion signed by the Defendant
Göring. It is, I believe, the second page of the English translation. It is dated
“Berlin, 22 February 1939”:
“Dear Party Member Buch:
“I thank you for forwarding the report of your special court on the
proceedings concluded up to now concerning the excesses on the
occasion of the anti-Jewish incidents of 9 and 10 November 1938,
of which I have taken cognizance. Heil Hitler! Yours, signed,
Göring.”
And then, passing, Your Honor, to Page Number 1, immediately
following, of the English translation, I think the next two paragraphs will
answer Your Honor’s question. I quote:
“On the evening of 9 November 1938 the Reich Propaganda
Director, Party Member Dr. Goebbels told the Party leaders
assembled at a reunion in the old town hall in Munich that in the
districts”—Gaue—“of Kurhessen and Magdeburg-Anhalt anti-
Jewish demonstrations had taken place, during which Jewish
shops were demolished and synagogues were set on fire. The
Führer, at Goebbels’ suggestion, had decided that such
demonstrations were not to be prepared or organized by the Party;
but so far as they originated spontaneously, they were not to be
interfered with either. Besides that, Party Member Dr. Goebbels
interpreted the sense of the contents of the teletype of the Reich
Propaganda Administration of 10 November 1938. . . .”
THE PRESIDENT: What does “12:30 to 1 o’clock” mean there?
COL. STOREY: That is the time of the teletype message, I assume,
Your Honor.
THE PRESIDENT: Yes.

COL. STOREY: “It was probably understood by all the Party
leaders present, from the oral instructions of the Reich
Propaganda Director, that the Party should not appear outwardly
as the originator of the demonstrations but in reality should
organize and execute them. Instructions in this sense were
telephoned immediately—thus a considerable time before
transmission of the first teletype—to the headquarters of their
districts”—Gaue—“by a large part of the Party members
present.”
Now Your Honors properly asked yesterday afternoon how the
Blockleiter would be affected. Your Honors will recall that, in the
instructions to the Blockleiter defining his offices, it was stated that his
instructions would be received orally and they would be transmitted orally
and never to use writing except in extreme cases. Therefore I say that these
quoted portions clearly indicate that the Party was in fact used in
connection with these famous 9 and 10 November 1938, anti-Jewish
demonstrations.
Now, reverting back to the text where I left off yesterday afternoon: The
Leadership Corps of the Nazi Party participated in the confiscation of
church and religious property.
I offer in evidence Document 072-PS, which is Exhibit Number USA-
357, a letter dated 19 April 1941 from Reichsleiter Bormann to Reichsleiter
Rosenberg. This letter exposes the participation of the Gauleiter in
measures relating to the confiscation of religious property.
I now quote from the last paragraph of Page 1 of the English translation
of Document 072-PS, which reads:
“The libraries and art objects of the monasteries confiscated in the
Reich were to remain for the time being in these monasteries
insofar as the Gauleiter had not directed otherwise. . . .”
On 21 February 1940 the Chief of the Security Police and SD,
Heydrich, wrote a letter to Reichsführer SS Himmler, proposing that certain
listed churches and monasteries be confiscated for the accommodation of
so-called “racial Germans.”
The Tribunal, of course, will recall Himmler’s position.
After pointing out that on political grounds outright expropriation of
religious property would not be feasible at the time, Heydrich suggested

certain specious interim actions with respect to the church properties in
question, to be followed progressively by outright confiscation.
I now offer in evidence R-101(a)—it is right towards the end of Your
Honor’s Exhibit—as Exhibit USA-358.
If Your Honors please, there are several of those documents under R-
101, and at the bottom you will notice they are labeled “a,” “b,” and “c.”
The first one is R-101(a), and I quote the first five paragraphs on Page 2 of
the English translation:
“Enclosed is a list of church possessions which might be available
for the accommodation of racial Germans. The list, which I beg
you to return, is supplemented by correspondence and illustrated
material pertinent to the subject.
“For political reasons, expropriation without indemnity of the
entire property of the churches and religious orders will hardly be
possible at this time.
“Expropriation with indemnity or in return for assignment of
other lands and grounds will be even less possible.
“It is therefore suggested that the respective authorities of the
orders be instructed that they make available the monasteries
concerned for the accommodation of racial Germans and remove
their own members to other less populous monasteries.”
There is a marginal note opposite this paragraph that, translated, means
“very good.”
“The final expropriation of these properties thus placed at our
disposal can then be carried out step by step in the course of
time.”
On 5 April 1940 the Security Police and Security Service SS sent a
letter to the Reich Commissar for the consolidation of Germandom,
enclosing a copy of the foregoing letter from Heydrich to Himmler of 21
February 1940, proposing the confiscation of Church properties. The letter
of 5 April 1940 is included in the Document R-101(a), just introduced in
evidence; and I quote from the second sentence of the first paragraph
thereof, on Page 1 of the English translation of Document R-101(a):

“The Reich Leader SS has agreed to the proposals made in the
enclosed letter and has ordered the matter to be dealt with by
collaboration between the Chief of the Security Police and
Security Service and your office.”
I now offer in evidence Document R-101(c), Exhibit USA-358. This is a
letter dated July 30, 1941, written by an SS Standartenführer whose
signature is illegible, to the Reich Leader of the SS. The letter supplies
further evidence of the participation of the Gauleiter in the seizure of
church property. I quote from the first three paragraphs of the English
translation of Document R-101(c), at the bottom of the page:
“With reference to the report of 30 May 1941, this office
considers it its duty to call the Reich Leader’s attention to the
development which is taking place in the incorporated Eastern
countries with regard to seizure and confiscation of church
property.
“As soon as the Reich laws on expropriation became effective,
the Reichsstatthalter and Gauleiter in the Reichsgau Wartheland
adopted the practice of expropriating church real estate for use as
dwellings and paying the appraised value into blocked accounts.
“Moreover, the East German Agricultural Administration,
Limited, reports that in the Warthegau all church-owned real
estate is being claimed by the local Gau administration.”
I next offer in evidence Document R-101(d), which immediately
follows Exhibit Number USA-358 already in evidence. This is a letter from
the Chief of Staff of the Main Office to Himmler, dated 30 March 1942,
dealing with the confiscation of church property. The letter evidences the
active participation of the Party Chancellery in the confiscation of religious
property.
In this letter the Chief of Staff, Main Office, reports to Himmler
concerning the policy of the SS in suspending all payment of rent to
monasteries and other church institutions whose property had been
expropriated. The letter discusses a proposal made by the Reich Minister of
the Interior, in which the Party Chancellery prominently participated, to the
effect that the church institutions should be paid amounts corresponding to
current mortgage charges on the premises without realizing any profit. The

writer further suggests that such payments should never be made directly to
the ecclesiastical institutions but rather should be made to the creditors of
the institutions.
I now quote from the fourth sentence on Page 3 of that document, the
English translation, whereby such an arrangement would be in line with
“the basic idea of the settlement originally worked out between the Party
Chancellery and the Reich Minister of the Interior.”
I understand the Reich Minister of Interior for 1933-1944 was the
Defendant Frick.
The Leadership Corps of the Nazi Party participated in the suppression
of religious publications and interfered with free religious education.
In a letter dated 27 September 1940 Reichsleiter and Deputy of the
Führer Bormann transmitted to the Defendant Rosenberg a photostatic copy
of a letter from Gauleiter Florian dated 23 September 1940, which
expresses the Gauleiter’s intense disapproval, on Nazi ideological grounds,
of a religious pamphlet entitled, The Spirit and Soul of the Soldier, written
by a Major General Von Rabenau.
I now offer in evidence Document 064-PS, Exhibit Number USA-359.
It is an original letter signed by Rosenberg attaching the copy of that matter.
It contains Defendant Bormann’s letter to Rosenberg, dated 27 September
1940, transmitting the Gauleiter’s letter of 23 September 1940 to the
Defendant Hess, in which the Gauleiter urges that the religious writings of
General Von Rabenau be suppressed. In his letter to the Defendant Hess,
Gauleiter Florian discusses a conversation he had with General Von
Rabenau at the close of a lecture delivered by the General to a group of
younger Army officers at Aachen. This conversation illumines the hostile
attitude of the Leadership Corps of the Nazi Party towards the Christian
Churches. I quote from the second sentence of the second paragraph of the
second page of the Gauleiter’s letter to the Defendant Hess, which appears
on Page 2 of the English translation—the second paragraph—and I quote:
“After he had affirmed the necessity of the churches, Rabenau
said, with emphasized self-assurance, something like the
following:
“ ‘Dear Gauleiter, the Party is making mistake after mistake in the
treatment of the churches. Obtain for me the necessary powers

from the Führer and I guarantee that I shall succeed in a few
months in establishing peace with the churches for all time.’
“After this catastrophic ignorance, I gave up the conversation. . . .
“Dear Party Member Hess, the reading of Von Rabenau’s
pamphlet, The Spirit and Soul of the Soldier, has reminded me
again of this. In this brochure Rabenau affirms as before the
necessity of the Church straightforwardly and clearly, even
though he is shrewdly careful. He writes on Page 28: ‘There
could be more examples; they would suffice to show that a soldier
in this world can scarcely get along without thoughts about the
next one.’ Because Von Rabenau has a false spiritual basis, I
consider his activities as an educator in spiritual affairs
dangerous; and I am of the opinion that his educational writings
are to be dispensed with, by all means, and that the publication
section of the NSDAP can and must forgo these writings . . .
“The churches with their Christianity constitute a danger against
which a struggle absolutely must be carried on.”
That the Party Chancellery shared with the Gauleiter hostility to the
Christian Churches is further revealed by the Defendant Bormann’s
instruction to the Defendant Rosenberg, set forth in Bormann’s letter of
transmittal, that Rosenberg take action on the Gauleiter’s recommendation
that the General’s writings be suppressed.
I now offer in evidence Document 089-PS, Exhibit Number USA-360,
which is a letter from the Defendant Bormann, as Deputy of the Führer, to
the Defendant Rosenberg, dated 8 March 1940, enclosing a copy of
Bormann’s letter of the same date to Reichsleiter Amann. Amann was a top-
member of the Leadership Corps by virtue of his position as Reichsleiter for
the Press and Leader of the Party publishing company. In this letter to
Amann Bormann expresses his dismay and dissatisfaction that only 10
percent of the 3,000 Protestant periodicals in Germany have ceased
publication for what are described as “paper saving” reasons. Bormann then
advises Reichsleiter Amann that “the allocation of any paper whatsoever for
such periodicals is blocked.”
I now refer to this Document 089-PS; and I quote the second paragraph
of Bormann’s letter to Amann, which appears on the first page—the second

paragraph—of the English translation:
“I urge you to see to it, in any re-allocation of paper to be
considered later, that religious writings, which according to
experiences so far gathered, possess very doubtful value for
strengthening the power of resistance on the part of the people
toward the external foe, receive still sharper restrictions in favor
of literature politically and ideologically more valuable.”
I next offer in evidence Document 101-PS, Exhibit Number USA-361,
which is a letter from the Defendant Bormann, again to Reichsleiter
Rosenberg, dated the 17th January 1940, expressing the Party’s opposition
to the circulation of religious literature to the members of the German
Armed Forces. Among the soldiers of the United Nations the proposition
that there are no atheists in the foxholes received a wide and reverent
acceptation. However, in this document there is a contrary meaning, and I
quote from Page 1 of the English translation, which reads:
“Nearly all the districts”—that is Gaue—“report to me regularly
that the churches of both confessions are as active as ever in
ministering spiritually to members of the Armed Forces. This
finds expression especially in the fact that soldiers are being sent
religious publications by the pastors of their home parishes. These
publications are, in part, very well written. I have repeated reports
that these publications are being read by the troops and thereby
exercise a certain influence on their morale.
“I have at that time sought, by contacting at once the General
Field Marshal, the High Command of the Armed Forces, and
Party Member Reichsleiter Amann, to restrict considerably the
production and shipment of publications of this type. The result of
these efforts remained unsatisfactory. As Reichsleiter Amann has
repeatedly informed me, the restriction of these pamphlets by
means of the paper rationing cannot be achieved because the
paper used for the pamphlets is being purchased on the open
market. . . .
“If the influencing of the soldiers by the Church is to be
effectively combatted, this will be accomplished only by

producing many good publications in the shortest possible time
under the supervision of the Party. . . .
“Also, at the last meeting of the Deputy Gauleiter comments were
made on this matter to the effect that such publications are not
available in sufficient quantities. . . .
“I maintain that it is necessary that in the very near future we
transmit to the Party Service Offices, down to the
Ortsgruppenleiter, a list of additional publications of this sort
which should be sent to our soldiers by the Ortsgruppen. . . .”
The Leadership Corps also participated in measures leading to the
closing and dissolution of theological schools and other religious
institutions. I now offer in evidence Document Number 122-PS, Exhibit
Number USA-362, which, again, is a letter from the Defendant Bormann to
the Defendant Rosenberg in his capacity as the Führer’s Representative for
the Supervision of Spiritual and Ideological Schooling and Education of the
NSDAP. This letter is dated 17 April 1939 and transmits to Rosenberg an
enclosed photostatic copy of a plan suggested by the Reich Minister for
Science, Education, and Popular Culture for the combining and closing of
certain specially listed theological faculties. In his letter of transmittal the
Defendant Bormann requested Reichsleiter Rosenberg to take cognizance
and prompt action with respect to proposed suppression of religious
institutions. I now quote from the next to the last paragraph on Page 2 of the
English translation, in which the plan to suppress the religious institutions is
summarized, and which reads:
“To recapitulate, this plan would mean, in addition to the closing
of the theological faculties at Innsbruck, Salzburg, and Munich,
which has already taken place, and the contemplated transfer of
the faculty of Graz to Vienna, the elimination of four Catholic
theological faculties:
“a) The abolition of three more Catholic theological faculties or
higher schools and of four evangelical theological faculties in the
winter semester 1939-1940;
“b) the abolition of one more Catholic and of three more
evangelical theological faculties in the near future.”

From the foregoing evidence the inference is irresistible that the
Leadership Corps of the Nazi Party shares a responsibility for the measures
taken to subvert the Christian Churches and persecute the Christian clergy,
both in Germany and in German-occupied territories of Europe. The
evidence just offered, together with that previously presented by the
Prosecution, demonstrates that there was a general participation by the
Leadership Corps, ranging from the Reichsleiter to the Gauleiter, adhered to
by the rank and file, in the deliberate program undertaken to undermine
Christian religion. We stress the significance of the appointment of the
Defendant Rosenberg, whose anti-Christian views are open and notorious,
as the Führer’s “delegate” or “representative” for the whole spiritual and
philosophical education of the Nazi Party. It was precisely this position
which gave Rosenberg his seat in the Reichsleitung (the general staff of the
Party), comprising all the Reichsleiter. But emphasis is placed, not merely
upon the fact that anti-Christs such as the Defendants Bormann and
Rosenberg held directive positions within the Leadership Corps, but upon
the further fact that their directives and orders were passed down the chain
of command of the Leadership Corps and caused the participation of its
membership in acts subversive to the Christian Church.
In Document Number D-75, which I believe has been introduced
previously—and I am just going to quote one line from it—the Defendant
Bormann stated, “Nazism and Christianity are irreconcilable concepts.” The
defendant was never more right, but he erred grievously by his prophecy as
to which of the two would first pass away.
I next turn to the responsibility of the Leadership Corps for the
destruction of free trade unions and the imposition of the conspiratorial
control over the productive labor capacity of the German nation.
The evidence relating to the responsibility of the Nazi conspirators for
the destruction of the independent trade unions has been previously
introduced in evidence in the U.S. Exhibit G, which was the document book
containing the evidentiary materials relating to the destruction of the trade
unions. The brief evidence which I shall now present is offered to prove the
responsibility of the Leadership Corps of the Nazi Party for the smashing of
the independent unions and the imposition of conspiratorial control over the
productive labor capacity of the German nation.
Soon after the seizure of power, prominent members of the Leadership
Corps participated in the smashing and dissolution of the independent trade

unions of Germany. The Defendant Robert Ley, precisely by virtue of his
office as Reich Organization Leader and Reichsleiter in the Leadership
Corps, was directed by Hitler, in mid-April 1939, to smash the independent
unions.
I will pass on now to Document 392-PS, Exhibit Number USA-326; and
I quote, beginning at the top of Page 1 of the English translation:
“On Tuesday, 2 May 1933 . . . the co-ordination action against the
free trade unions begins. . . .
“The essential part of the action is to be directed against the
General German Trade Union League (ADGB) and the General
Independent Employees’ Federation (AFA-Bund). Anything
beyond that which is dependent upon the free trade unions is left
to the Gauleiter’s judgment.
“The Gauleiter are responsible for the execution of the co-
ordination action in their individual areas. The action will be
carried out by the National Socialist Factory Cell
Organization. . . .
“The Gauleiter is to proceed with his measures on the basis of the
closest agreement with competent Gau or regional factory cell
directors. . . .
“In the Reich, the following will be occupied:
“The headquarters of the unions. . . .”
Then it lists a number of offices, and I previously quoted who was to be
taken into protective custody.
The next provision:
“Exceptions are granted only with the permission of the
Gauleiter. . . .
“It is understood that this action is to proceed in a strongly
disciplined fashion. The Gauleiter are responsible for holding the
direction of the action firmly in hand. Heil Hitler!”—signed
—“Dr. Robert Ley.”
The Defendant Ley’s order for the dissolution of the independent trade
unions was carried out as planned and directed. Trade union premises all

over Germany were occupied by the SA and the unions dissolved. On the
2d of May 1933 the official NSDAP press service reported that the National
Socialist Factory Cell Organization (NSBO) had “eliminated the old
leadership of free trade unions” and taken over their leadership.
I now offer in evidence Document 2224-PS, Exhibit Number USA-364,
which is Pages 1 and 2 of the 2d of May 1933 issues of the National
Socialist Party Press Agency. I quote from Paragraph 5 of Page 1 of the
English translation:
“National Socialism, which today has assumed leadership of
German labor, can no longer bear the responsibility for leaving
the men and women of the German working class, the members
of the largest trade organization in the world, the German trade
union movement, in the hands of people who do not know a
fatherland called Germany. Because of that, the National Socialist
Factory Cell Organization has taken over the leadership of the
trade unions. The NSBO has eliminated the former leadership of
the free trade unions of the General German Trade Unions
League, and of the General Independent Employees’
Federation. . . .
“On 2 May 1933 the NSBO took over the leadership of all trade
unions; all trade-union buildings were occupied and most
stringent control of financial and personnel matters of the
organizations has been set up.”
As shown by this evidence, the assault on the independent unions was
directed by the Defendant Ley, in his capacity as Reichsleiter in charge of
Party organization, assisted by the Gauleiter and Party formations, and
included the seizure of trade-union funds and property. In this connection I
offer in evidence Document 1678-PS, Exhibit Number USA-365. This
document is a report of a speech by Reichsleiter Ley on the 11th of
September 1937 to the fifth annual session of the German Labor Front. In
this speech Ley shamelessly corroborates the confiscation of the trade-
union funds. I quote from Paragraph 4 of Page 1 of the English translation:
“Once I said to the Führer: ‘My Führer, actually I am standing
with one foot in jail, for today I am still the trustee of the
comrades Leipart and Imbusch; and should they some day ask me

to return their money, then it will be found that I have put it into
buildings or otherwise spent it. But they shall never again find
their property in the condition in which they handed it over to me.
Therefore I should have to be convicted.’
“The Führer laughed then and remarked that apparently I felt
extremely well in this condition.
“It was very difficult for us all. Today we laugh about it . . .”
The plan of the Nazi conspirators to eliminate the free trade unions was
advanced by the enactment, on 19th May 1933, of a law which abolished
collective bargaining between workers and employers and replaced it with a
regulation of working conditions by labor trustees appointed by Hitler. I
refer to Document 405-PS, which is the text of the law, 1933
Reichsgesetzblatt I, Page 285. After providing in Section 1 for the
appointment by Hitler of trustees of labor, this law provides, and I quote
from Section 2 of the English translation of Document 405-PS:
“Until a new revision of the social constitution, the labor trustees
are to regulate the conditions for the conclusion of labor
contracts. This practice is to be legally binding for all persons and
replaces the system founded on combinations of workers, of
individual employers, or of combinations of employers. . . .”
Having destroyed the independent unions and collective bargaining, the
next step of the Nazi conspirators was to secure the Nazification in the field
of industrial relations. I refer to Document Number 1861-PS, which is the
text of the law of 20 January 1934, 1934 Reichsgesetzblatt I, Page 45. This
law was entitled the “Law Regulating National Labor”; and it imposed the
leadership principle upon industrial enterprisers and provided, in Section I,
Paragraph 1, that the enterpriser should be the leader of the plant and the
workers would constitute his followers. I now quote from Section I,
Paragraph 2, of the first page of Document Number 1861-PS:
“The leader of the plant has full authority over the employees in
all matters concerning the enterprise, as far as they are covered by
this law.
“He is responsible for the well-being of the employees. The
employees owe him loyalty in keeping with the principles of

factory solidarity.”
The trade unions having been dissolved and the leadership principle
superimposed upon the relationship of management and labor, the members
of the Leadership Corps joined in and directed measures designed to replace
the independent unions by the German Labor Front, the DAF, an affiliated
Party organization. On the very day the Nazi conspirators seized and
dissolved the free trade unions, the 2d of May 1933, they publicly
proclaimed that a “United Front of German Workers” would be formed with
Hitler as honorary patron at a workers’ congress on the 10th of May 1933. I
quote from the next to the last paragraph of Page 2 of Document 2224-PS,
which was a release of the Nazi Party Press Agency:
“The National Socialist Party Press Agency is informed that a
great Workers’ Congress will take place on Wednesday, 10 May,
in the Prussian House of Lords in Berlin. The United Front of
German Workers will be formed there. Adolf Hitler will be asked
to assume the position of honorary patron.”
The Nazi conspirators employed the German Labor Front, the DAF, as
an instrument for propagandizing its millions of compulsory members with
Nazi ideology. The control of the Leadership Corps over the German Labor
Front was assured not only by the designation of Reichsleiter of the Party
Organization Ley as head of the DAF, but by the employment of a large
number of Politische Leiter, or political leaders, charged with disseminating
and imposing Nazi ideology upon the large membership of the DAF. I now
cite Document 2271-PS, Exhibit Number USA-328, which is the Party
Organization Book referred to yesterday, Pages 185-187; and I quote from
the first page of the English translation, the first paragraph:
“The NSBO is a union of the political leaders of the NSDAP in
the German Labor Front.
“The NSBO is to undertake the organization of the German Labor
Front.
“The duties and responsibilities of the NSBO have passed over to
the German Labor Front.
“The political leaders who have been transferred from the NSBO
to the German Labor Front guarantee the ideological education of

the DAF in the spirit of the National Socialistic idea.”
Now, if Your Honors please, in addition to the evidence heretofore
presented, the Prosecution submits that it is another evidence of crime that
the Leadership Corps of the NSDAP was responsible for the plundering of
art treasures by the Defendant Reichsleiter Rosenberg’s “Einsatzstab
Rosenberg.” The definition of “Einsatzstab” is a “special staff,” and I am
told that the word “Einsatz” means “to give action to.” In other words, it
was a task force, a special staff.
This subject, diverting from the text, had been prepared in connection
with the general subject of “Plundering of Art Treasures”; and I shall now
turn to the document books of the “Plundering of Art Treasures,” because
the citations now will be in this small book.
I now pass to Your Honors Document Book W; and, may I say,
diverting from the text, that the trial address, which is very brief, has, as I
have been told by the Translating Division, been translated into all four
languages; and, as I understand, Colonel Dostert will distribute it to all
parties in their native languages.
Also by way of explanation, in the beginning there is one reference here
to the plundering of art treasures in the occupied portion of Poland which
does not bear directly upon this subject but does on the general conspiracy;
and I thought, in the interest of time, that we might follow the presentation,
because it is very brief.
May it please the Tribunal, the sections of the Indictment which are to
be proved at this point are those dealing with the plunder of public and
private property under Count One, the Common Plan or Conspiracy. It is
not my purpose to explore all phases of the ordinary plunder in which the
Germans engaged. However, I would bring to the attention of the Tribunal
and of the world the defendants’ vast, organized, systematic program for the
cultural impoverishment of virtually every community of Europe and for
the enrichment of Germany thereby.
Special emphasis will be placed on the activities of the Einsatzstab
Reichsleiter Rosenberg; and the responsibility of the Leadership Corps in
this regard is a responsibility that is shared by the Defendants Rosenberg,
Göring, and Keitel, and by the defendant organizations; the General Staff,
High Command, Gestapo, the Security Service, and the SS.
Before I deal with the plunder of the cultural treasures by the
Einsatzstab Rosenberg, I wish to reveal briefly the independent plundering

operations conducted in the Government General of Occupied Poland by
authority of the Defendant Göring and under the supervision of the
Defendant Frank, the Governor General.
In October 1939 Göring issued a verbal order to a Dr. Mühlmann asking
him to undertake the immediate securing of all Polish art treasures. Dr.
Mühlmann himself gives evidence of this order in Document Number 3042-
PS found in the document book last introduced as Exhibit USA-375.
THE PRESIDENT: Are the documents in Book W?
COL. STOREY: Book W; yes, Sir.
THE PRESIDENT: I was asking whether the documents in Book W are
placed in order of number in PS?
COL. STOREY: They are; yes, Sir; and the first one is found on the first
page. I beg your pardon; 3042 would be in numerical order toward the end,
Your Honor.
THE PRESIDENT: I have it. I was merely asking for general
information.
COL. STOREY: These are consecutive. I would like to offer this
affidavit and to read it in full. In short, it was obtained in Austria. Kajetan
Mühlmann states under oath:
“I have been a member of the NSDAP since 1 April 1938. I was
Brigadier General”—Oberführer—“in the SS.
“I was never an illegal Nazi.
“I was the special deputy of the Governor General of Poland,
Hans Frank, for the safeguarding of art treasures in the
Government General, October 1939 to September 1943.
“Göring, in his function as chairman of the Reich Defense
Committee, had commissioned me with this duty.
“I confirm that it was the official policy of the Governor General,
Hans Frank, to take into custody all important art treasures which
belonged to Polish public institutions, private collections, and the
Church. I confirm that the art treasures mentioned were actually
confiscated; and it is clear to me that they would not have
remained in Poland in case of a German victory, but they would
have been used to complement German artistic property.”—
Signed and sworn to by Dr. Mühlmann.

On the 15th of November 1939 Frank issued a decree, which is
published officially in The Law of the Government General, (1773-PS,
Exhibit USA-376). It is E 800, Article 1, Section 1. It is not in the document
book. It is just a short quotation of which we ask the Tribunal to take
judicial knowledge. Quoting:
“All movable and stationary property of the former Polish State
. . . will be sequestered for the purpose of securing all manner of
public valuables.”
In a further decree of 16 December 1939, appearing as E 845 of the
same publication, Frank provided that all art objects in public possession in
the Government General were to be seized for the fulfillment of public
tasks of common interest, insofar as they had not already been seized under
the decree of 15 November. The decree provided that, in addition to art
collections and art objects belonging to the Polish State, there would be
considered as owned by the public, those private collections which have not
already been taken under protection by the Special Commissioner, as well
as all ecclesiastical art property.
On the 24th of September 1940 Frank decreed that all property seized
on the basis of the decree of 15 November 1939 would be transferred to the
ownership of the Government General; and this decree is found as E 810 of
the same publication.
It is impossible for me to furnish this Tribunal a complete picture of the
vastness of the program for the cultural impoverishment of Poland carried
out pursuant to the directives, as I cannot read into the record the 500-odd
masterpieces catalogued in Document 1233-PS (Exhibit USA-377) or the
many hundreds of additional items catalogued in Document 1709-PS
(Exhibit USA-378). Now Document 1233-PS, which I hold in my hand, is a
finely bound, beautifully printed catalogue, in which Defendant Frank
proudly lists and describes the major works of art which he had plundered
for the benefit of the Reich. This volume was captured by the Monuments,
Fine Arts, and Archives Division of the 3rd United States Army and was
found in Frank’s home near Munich. The introductory page describes the
thoroughness with which the Government General stripped Poland of its
cultural possessions. That is quoted in Document 1233-PS.
THE PRESIDENT: Will you hand that up?

COL. STOREY: I am quoting now from the introductory page, the
English translation, the first paragraph. I might say by way of explanation,
that this book lists the valuable art treasures by titles. I now quote from the
introductory page:
“By reason of a decree of 16 December 1939 by the Governor
General of the occupied Polish territories, the Special
Commissioner for collecting objects of art and culture was able to
collect within 6 months almost all of the art objects of the
country, with one exception: a series of Flemish tapestries of the
Castle of Kraków. According to the latest information these are
now in France, so that it may be possible to secure these later.”
Leafing through this catalogue, we find that it included references to
paintings by German, Italian, Dutch, French, and Spanish masters; rare
illustrated books; Indian and Persian miniatures; woodcuts; the famous Veit
Stoss hand-carved altar (created here in Nuremberg and purchased for use
in Poland); handicraft articles of gold and silver; antique articles of crystal,
glass, and porcelain; tapestries; antique weapons; rare coins and medals.
These articles were seized, as indicated in the catalogue, from public and
private sources, including the national museums in Kraków and Warsaw,
the cathedrals of Warsaw and Lublin, a number of churches and
monasteries, university libraries, and a great many private collections of
Polish nobility.
I wish now to offer in evidence the catalogue bearing our Number 1233-
PS—it is the one just introduced in evidence—and the document bearing
our Number 1709-PS. This latter report, in addition to listing the 521 major
items described in the catalogue, lists many other items which, though
generally no less important from an artistic standpoint, were considered by
the Germans to be of secondary importance from the point of view of the
Reich.
It is interesting to note with what pains the Defendant Frank attempted
to conceal his real purpose in seizing these works of art. The cover of the
catalogue itself states that the objects listed were secured and safeguarded.
Strangely enough, it was found necessary to safeguard some of the objects
by transporting them to Berlin and depositing them in the depot of the
Special Deputy or in the safe of the Deutsche Bank, as is indicated on Page
80 of Document 1709-PS, Exhibit USA-378. The items referred to as

having been transported to Berlin are listed in the catalogue of objects
safeguarded and their numbers are 4, 17, 27, 35, and so on. Thirty-one
extremely valuable and world-renowned sketches of Albrecht Dürer, taken
from the collection of Lubomirski in Lemberg (Lvov), were likewise
safeguarded. At Page 69 of this report, Dr. Mühlmann states that he
personally handed these sketches to Göring, who took them to the Führer at
his headquarters.
Numerous objects of art: paintings, tapestries, plates, dishes, as well as
other dinnerware, were also safeguarded by Frank, who had the Special
Deputy deliver these objects to an architect for the purpose of furnishing the
castle at Kraków and the Schloss Kressendorf, which were the residences of
the Governor General Frank. It was apparently Frank’s belief that these
items would be safer in his possession, used to grace his table and dazzle
his guests, than they would be in the possession of the rightful owners.
There is no doubt whatever that virtually the entire art possession of
Poland was seized for the use of Germany and would never have been
returned in the event of German victory. Dr. Mühlmann, a noted German art
authority, who directed the seizure program for the period of 4 years and
was endowed by Frank with sufficient authority to promulgate decrees
generally applicable throughout the territory, has stated the objectives of the
program in no uncertain terms in the affidavit to which I have just referred.
So much for Poland.
I now direct the attention of the Tribunal to the activities of the
Einsatzstab Rosenberg, an organization which planned and directed the
looting of the cultural treasures of nearly all Europe. To obtain a full
conception of the vastness of this looting program, it will be necessary to
envision Europe as a treasure-house in which is stored the major portion of
the artistic and literary product of two thousand years of Western
civilization. It will further be necessary to envision the forcing of this
treasure-house by a horde of vandals bent on systematically removing to the
Reich these treasures, which are, in a sense, the heritage of all of us, to keep
them there for the enjoyment and enlightenment of Germans alone. Unique
in history, this art-seizure program staggers one’s imagination and
challenges one’s credulity. The documents which I am about to offer in
evidence will present undeniable proof of the execution of the policy to
strip the occupied countries of the accumulated product of centuries of
devotion to art and the pursuit of learning.

May I digress here a moment and state that we are not going to offer all
the documents and all the details because our Soviet and French colleagues
will offer a great many of the detailed documents in support of their case on
War Crimes.
I now offer in evidence Document 136-PS as Exhibit USA-367. And
that is an order of Hitler dated the 29th of January 1940 which set into
motion the art-seizure program that was to envelop the continent. I now
offer the original. I call Your Honors’ attention to this original, being signed
by Adolf Hitler, and I believe it is in the famous Jumbo type. I quote the
order in its entirety. It is very short:
“The ‘Hohe Schule’ is to become the center for National
Socialistic research, indoctrination, and education. It will be
established after the conclusion of the war. I order that the already
initiated preparations be continued by Reichsleiter Alfred
Rosenberg—especially in the way of research and setting up of
the library.
“All sections of the Party and State are required to co-operate
with him in this task.”
Although the above order makes no specific mention of the seizure of
art properties, by the 5th of November 1940 the program had extended
beyond its original scope to include the seizure of Jewish art collections.
I now offer in evidence Document Number 141-PS (Exhibit USA-368),
which is a certified copy of an order signed by Göring, dated 5 November
1940, in which the Defendant Göring states; and I quote:
“In conveying the measures taken until now for the securing of
Jewish art property by the Chief of the Military Administration,
Paris, and the Einsatzstab Rosenberg . . . the art objects brought to
the Louvre will be disposed of in the following way:
“1. Those art objects the decision as to the use of which the
Führer will reserve for himself;
“2. Those art objects which serve the completion of the Reich
Marshal’s collection;
“3. Those art objects and library materials which seem useful for
the establishment of the Hohe Schule and for the program of

Reichsleiter Rosenberg;
“4. Those art objects which are suitable for sending to the German
museums. . . .”
Thus, early in 1940, 11 months after the initiation of the program for
establishment of the library for ideological research, the original purpose
had been expanded so as to include the seizure of art works not only for the
benefit of research but for the delectation of the Führer and Göring and the
enhancement of the collections of German museums.
Impelled as they were by the perfidious dream of subjugating a
continent, the Nazi conspirators could not content themselves merely with
the exploitation of the cultural riches of France and rapidly extended their
activities to the other occupied countries. I now offer in evidence Document
Number 137-PS as Exhibit USA-379. That is a copy of an order signed by
the Defendant Keitel, dated 5th of July 1940, and I should like to read that
brief order in full:
“To: The Chief of Army High Command, Chief of the Armed
Forces in the Netherlands.
“Reichsleiter Rosenberg has suggested to the Führer that:
“1. The state libraries and archives be searched for documents
valuable to Germany.
“2. The Chancelleries of the high Church authorities and the
lodges be searched for political maneuvers directed against us and
that the material in question be seized.
“The Führer has ordered that this suggestion be followed and that
the Gestapo, supported by the archivists of Reichsleiter
Rosenberg, be put in charge of the searches. The Chief of Security
Police, SS-Gruppenführer Heydrich, has been informed. He will
communicate with the competent military commanders in order to
execute this order.
“These measures will be executed in all regions of the
Netherlands, Belgium, Luxembourg, and France occupied by us.
“It is requested that subordinate services be informed.

“Chief of High Command of the Armed Forces,”—signed
—“Keitel.”
From the Netherlands, Belgium, Luxembourg, and France the
Einsatzstab’s activities ultimately were expanded still further to Norway
and Denmark. I now offer in evidence Document 159-PS, Exhibit USA-
380, which is the copy of an order signed by Utikal, Chief of the
Einsatzstab, dated the 6th of June 1944, from which it is seen that a special
mission of the Einsatzstab was sent to Norway and Denmark.
As the German Army penetrated to the East, the fingers of the
Einsatzstab reached out to seize the cultural riches thus made available to
them; and their activities were extended to the Occupied Eastern Territories,
including the Baltic States and the Ukraine, as well as to Hungary and
Greece. I now offer in evidence Document 153-PS, Exhibit USA-381, being
a certified copy of a letter from Rosenberg to the Reich Commissioner for
the East and Reich Commissioner for the Ukraine, dated 27 April 1942. The
subject of the letter is stated to be as follows: “Formation of a Central Unit
for the Seizure and Securing of Objects of Cultural Value in the Occupied
Eastern Territories.” In the last paragraph of that document, I quote:
“With the Commissioners of the Reich a special department
within Department II (political) will be set up for a limited time
for the seizure and securing of objects of cultural value. This
department is under the direction of the appropriate head of the
main group of the ‘Einsatzstab Reichsleiter Rosenberg for the
Occupied Territories.’ ”
THE PRESIDENT: Perhaps this would be a good time to break off for
10 minutes.
[A recess was taken.]

COL. STOREY: Activities were initiated in Hungary as indicated by
Document Number 158-PS, Exhibit USA-382, which I now offer in
evidence. This was a copy of a message initialed by Utikal, Rosenberg’s
Chief of Staff. The first paragraph of this document states:
“The Einsatzstab of Reichsleiter Rosenberg for the Occupied
Territories has dispatched a Sonderkommando under the direction
of Einsatzstabsführer Dr. Zeiss, who is identified by means of his

Service Book Number 187, for the accomplishment of the
missions of the Einsatzstab in Hungary outlined in the Führer’s
Decree of 1 March 1942.”
I now offer into evidence Document Number 171-PS, Exhibit USA-383,
which is an undated report on the “Library for Exploration of the Jewish
Question.” The fifth paragraph states:
“The most significant book collections today belonging to the
Library for Research on the Jewish Question are the
following. . . .”
The ninth item of the list which follows refers to “Book collections from
Jewish Communities in Greece (about 10,000 volumes).”
It was only natural that an operation conducted on so vast a scale,
extending as it did to France, Belgium, the Netherlands, Luxembourg,
Norway, Denmark, the Occupied Eastern Territories, the Baltic States, the
Ukraine, Hungary, and Greece, should call upon a multitude of other
agencies for assistance. Among the other agencies co-operating in the
plunder program were several of those which stand indicted here as
criminal organizations. The co-operation of the Wehrmacht High Command
was demanded by the Hitler order of 1 March 1942, which I now offer in
evidence as our Document 149-PS, Exhibit USA-369, which is signed
personally by Adolf Hitler and is also in the Jumbo type. The order decrees
the ideological fight against the enemies of National Socialism to be a
military necessity and reaffirms the authority of the Einsatzstab Rosenberg
to conduct searches and seizures of suitable material for the Hohe Schule.
The fifth paragraph states:
“The directives concerning co-operation with the Wehrmacht
were given to the Chief of the OKW with the approval of
Reichsleiter Rosenberg.”
While I am on that document, which is referred to later, I should like to
read the other portions. I call attention of Your Honors to the distribution. It
is distributed to all duty stations of the Armed Forces, the Party, and the
State. It says:
“Jews, Freemasons, and related ideological enemies of National
Socialism are responsible for the war which is now being waged

against the Reich. The co-ordinated ideological fight against those
powers is a military necessity. I have therefore charged
Reichsleiter Rosenberg to carry out this task in co-operation with
the chief of the OKW. His Einsatzstab in the Occupied Territories
is authorized to search libraries, record offices, lodges, and other
ideological and cultural institutions of all kinds for suitable
material, and to confiscate the said material for the ideological
task of the NSDAP and the later scientific research work of the
Hohe Schule. The same regulation applies to cultural assets which
are in possession of or the property of Jews, or ownerless, or not
clearly of unobjectionable origin.”
The final passage is:
“The necessary measures within the Eastern territories under the
German Administration are determined by Reichsleiter Rosenberg
in his capacity as Reichsminister for the Occupied Eastern
Territories.”—Signed—“Adolf Hitler.”
THE PRESIDENT: Colonel Storey, I think the Tribunal would find it
convenient, and it would save time, if the documents, when they are
referred to, were read in full insofar as you want to read them, rather than
returning to read one passage and then returning to a document later on.
COL. STOREY: Yes, Sir. May I explain why that was, Sir? I was trying
to fit in this presentation with the Leadership Corps. It was quoted in two
places and I didn’t notice it until I started.
THE PRESIDENT: What I am saying is that I think it is much easier to
follow the documents if all the parts of the document which you wish to
read are read at one time, rather than to read one sentence, then come back
to another sentence, and then possibly come back to a document for a third
sentence. I don’t know whether that will be possible for you to do.
COL. STOREY: We will try to work it out that way, Sir.
THE PRESIDENT: Thank you.
COL. STOREY: Co-operation of the SS and the SD is indicated in a
letter from Rosenberg to Bormann dated 23rd of April 1941, Document
Number 071-PS, Exhibit USA-371, which I now offer in evidence. This
letter states in the fifth sentence of the first numbered paragraph:

“It is self-evident that the confiscations are not executed by the
Gauleitung, but that they are conducted by the Security Service as
well as by the police.”
Farther down in the same paragraph it is stated:
“It has been communicated to me in writing by a Gauleiter that
the Reich Security Main Office of the SS has requested the
following from the library of a confiscated monastery: The
Catholic Handbook, Albertus Magnus, Edition of the Church
Fathers, History of the Popes by L. von Pastor, and other works.”
The second and last paragraph stated that:
“I should like to remark in this connection that this affair has
already been settled on our side with the Security Service (SD) in
the most co-operative fashion.”
The Defendant Göring was especially diligent in furthering the purposes
of the Einsatzstab Rosenberg, a diligence which will be readily understood
in view of the fact that he himself directed that second in priority only to the
demands of the Führer were to be “those art objects which served the
completion of the Reich Marshal’s collection.” That is Göring.
On May 1, 1941 Göring issued an order to all Party, State, and
Wehrmacht services, which I am now offering into evidence as 1117-PS,
Exhibit USA-384. That is an original bearing Göring’s signature. This order
requested all Party, State, and Wehrmacht services—and I now quote:

“. . . to give all possible support and assistance to the Chief of
Staff of Reichsleiter Rosenberg’s Einsatzstab. . . . The above-
mentioned persons are requested to report to me on their work,
particularly on any difficulties which might arise.”
On 30th of May 1942 Göring claimed credit for a large degree of the
success of the Einsatzstab. I offer in evidence a captured photostatic copy of
a letter from Göring to Rosenberg, showing Göring’s signature, which bears
our Number 1015(i)-PS, which I offer in evidence as Exhibit USA-385. The
last paragraph of this letter states as follows:
“. . . On the other hand I also support personally the work of your
Einsatzstab wherever I can do so, and a great part of the seized
cultural objects can be accounted for by the fact that I was able to
assist the Einsatzstab with my organizations.”
If I have tried the patience of the Tribunal with numerous details as to
the origin, the growth, and the operation of the art-looting organization, it is
because I feel that it will be impossible for me to convey to you a full
conception as to the magnitude of the plunder without conveying to you
first, information as to the vast organizational work that was necessary in
order to enable the defendants to collect in Germany cultural treasures of
staggering proportions.
Nothing of value was safe from the grasp of the Einsatzstab. In view of
the great experience of the Einsatzstab in the complex business of the
organized plunder of a continent, its facilities were well suited to the looting
of material other than cultural objects. Thus, when Rosenberg required
equipment for the furnishing of the offices of the administration in the East,
his Einsatzstab was pressed into action to confiscate Jewish homes in the
West. Document Number L-188, which is Exhibit USA-386 and which I
now offer in evidence, is a copy of a report submitted by the director of
Rosenberg’s Office West, operating under the Ministry for the Occupied
Eastern Territories. I wish to quote at some length from this document and I
call the Tribunal’s attention to the third paragraph on Page 3 of the
translation:
“The Einsatzstab Reichsleiter Rosenberg was charged with the
carrying out of this task”—that is, the seizure of art properties
—“in the course of this seizure of property. At the suggestion of

the Director West of the Special Section of the Einsatzstab, it was
proposed to the Reichsleiter that the furniture and other contents
of the unguarded Jewish homes should also be secured and
dispatched to the Minister for the Occupied Eastern Territories for
use in the Eastern Territories.”
The last paragraph on the same page states:
“At first all the confiscated furniture and goods were dispatched
to the administrations of the Occupied Eastern Territories. Owing
to the terror attacks on German cities which then began and in the
knowledge that the bombed-out persons in Germany ought to
have preference over the Eastern people, Reich Minister and
Reichsleiter Rosenberg obtained a new order from the Führer
according to which the furniture, et cetera, obtained through the
‘M Action’ was to be put at the disposal of bombed-out persons
within Germany.”
The report continues with a description of the efficient methods
employed in looting the Jewish homes in the West (top of Page 4 of
translation):
“The confiscation of Jewish homes was carried out as follows:
When no records were available of the addresses of Jews who had
fled or departed, as was the case, for instance, in Paris, so-called
requisitioning officials went from house to house in order to
collect information as to abandoned Jewish homes.—They drew
up inventories of those homes and sealed them. . . . In Paris alone,
about twenty requisitioning officials requisitioned more than
38,000 homes. The transportation of these homes was completed
with all the available vehicles of the Union of Parisian Moving
Contractors who had to provide up to 150 trucks, 1,200 to 1,500
French laborers daily.”
If Your Honor pleases, I am omitting the rest of the details of that report
because our French colleagues will present the details later.
Looting on such a scale seems fantastic. But I feel I must refer to
another statement, for though the seizure of the contents of over 71,000
homes and their shipment to the Reich in upwards of 26,000 railroad cars is
by no means a petty operation, the quantities of plundered art treasures and

books and their incalculable value, as revealed in the document I am about
to offer, will make these figures dwindle by comparison.
I next refer to the stacks of leather-bound volumes in front of me, to
which the Justice referred in his opening statement.
These 39 volumes which are before me contain photographs of works of
art secured by the Einsatzstab and are volumes which were prepared by
members of the Rosenberg staff. All of these volumes bear our Number
2522-PS, and I offer them in evidence as Exhibit USA-388.
I am passing to Your Honors eight of these volumes, so that each one of
you—they are all different—might see a sample of the inventory. I call Your
Honors’ attention to the inside cover page. Most of them have an inventory,
in German, of the contents of the book; and then follow true photographs of
each one of these priceless objects of art, separated by fine tissue paper.
There are 39 of these volumes that were captured by our forces when
they overran a part of southern occupied German areas.
THE PRESIDENT: Is there anything known about the articles
photographed here?
COL. STOREY: Yes, Sir; I will describe them later. I believe each one
of them is identified in addition to the inventory.
THE PRESIDENT: I meant whether the articles—the furniture or
pictures themselves, have been found.
COL. STOREY: Yes, Sir, most of them were found in an underground
cavern, I believe in the southern part of Bavaria; and these books were
found by our staff in connection with the group of U.S. Army people who
have assembled these objects of art and are now in the process of returning
them to the rightful owners. That is where we got these books.
I should like to refer, while Your Honors are looking at these, just to the
aggregate totals of the different paintings. Here are the totals as shown by
Document 1015(b)-PS, which is in the document book. As they are totalled,
I don’t think Your Honors need to follow the document; you can continue
looking at the books if you like.
“Up to 15 July 1944 the following had been scientifically
inventoried:
“21,903 Works of Art:
“5,281 paintings, pastels, water colors, drawings; 684 miniatures,
glass and enamel paintings, illuminated books and manuscripts;

583 sculptures, terra cottas, medallions, and plaques; 2,477
articles of furniture of art historical value; 583 textiles (tapestries,
rugs, embroideries, Coptic textiles); 5,825 objects of decorative
art (porcelains, bronzes, faience, majolica, ceramics, jewelry,
coins, art objects with precious stones); 1,286 East Asiatic art
works (bronzes, sculpture, porcelains, paintings, folding screens,
weapons); 259 art works of antiquity (sculptures, bronzes, vases,
jewelry, bowls, engraved gems, terra cottas).”
The mere statement that 21,903 art works have been seized does not
furnish an adequate conception of their value. I refer again to the statement
in the document “The extraordinary artistic and intrinsic value of the seized
art works cannot be expressed in figures,” and to the fact that they are
objects of such a unique character that their evaluation is entirely
impossible. These 39 volumes are by no means a complete catalogue. They
present, at the most, pictures of about 2,500 of the art objects seized; and I
ask you to imagine that this catalogue had been completed and that, in the
place of 39 volumes, we had 350 to 400 volumes. In other words, if they
were prepared in inventory form as these 39 volumes, to cover all of them it
would take 350 to 400 volumes.
We had arranged, Your Honor, to project just a few of these on the
screen; but before we do that, which is the end of this part of the
presentation, I should like to call Your Honor’s attention to Document 015-
PS. It is dated April 16, 1943. It is a copy of a letter from Rosenberg to
Hitler. The occasion for the writing of this letter was the birthday of the
Führer, to commemorate which, Rosenberg presented some folders of
photographs of pictures seized by the Einsatzstab. And I imagine, although
we have no authentic evidence, that probably some of these were prepared
for that occasion. In the closing paragraph of the letter, Document 015-PS,
Exhibit USA-387, he says:
“I beg of you, my Führer, to give me a chance during my next
audience to report to you orally on the whole extent and state of
this art-seizure action. I beg you to accept a short, written,
preliminary report of the progress and extent of the art-seizure
action, which will be used as a basis for this later oral report, and
also to accept three volumes of the provisional picture catalogues
which, too, show only a part of the collection at your disposal. I

shall deliver further catalogues, which are now being compiled, as
they are finished.”
Rosenberg then closes with this touching tribute to the aesthetic tastes
of the Führer, tastes which were satisfied at the expense of a continent, and
I quote:
“I shall take the liberty during the requested audience to give you,
my Führer, another 20 folders of pictures with the hope that this
short occupation with the beautiful things of art, which are so
near to your heart, will send a ray of beauty and joy into your
care-laden and revered life.”
THE PRESIDENT: Will you read all the passage that you began, five
lines above that, beginning with the words, “These photos represent . . .”?
COL. STOREY: “These photos represent an addition to the
collection of 53 of the most valuable objects of art delivered some
time ago to your collection. This folder also gives only a weak
impression of the exceptional value and extent of these objects of
art, seized by my service command”—Dienststelle—“in France
and put into a safe place in the Reich.”
If Your Honors please, at this time we would like to project on the
screen a few of these photographs. The photographs of paintings which we
are now about to project on the screen are taken from a single volume of the
catalogue and are merely representative of the many volumes of pictures of
similar works. The other items, photos of which are to be projected, were
picked from various volumes on special subjects. For example, the Gobelin
tapestry which you are about to see is merely one picture from an entire
volume of tapestry illustrations. Each picture that you will see is
representative of a number of volumes of similar pictures, and each volume
from which these single pictures were taken represents approximately a
tenth of the total number of volumes which would be necessary to illustrate
all the items actually plundered by the Einsatzstab. We will now have the
slides, just a few of them.
[Photographs were projected on the screen in the courtroom.]
This first picture is a “Portrait of a Woman,” painted by the Italian
painter Palma Vecchio.

The next picture is a “Portrait of a Woman” by the Spanish painter
Velasquez.
This picture is a “Portrait of Lady Spencer” by the English painter Sir
Joshua Reynolds.
This picture is a painting by the French painter Watteau.
This is a painting of “The Three Graces” by Rubens.
This is a “Portrait of an Old Woman” by the famous painter Rembrandt.
This painting of a young woman is by the Dutch painter Van Dyck.
Now this picture is a sample of 16th century jewelry in gold and
enamel, decorated with pearls.
This is a 17th century Gobelin tapestry.
This picture is of a Japanese painting from the catalogue volume on
East Asiatic art.
This is an example of famous china.
This is a picture of a silver-inlaid Louis XIV cabinet.
The last picture is of a silver altarpiece of the 15th or 16th century, of
Spanish origin.
I call to your attention again that each of the pictures you have just seen
is merely representative of a large number of similar items illustrated in the
39-volume catalogue which is in itself only partially complete. There is
little wonder that the Führer’s occupation with these beautiful things of art,
which were nearest to his heart, should have sent a ray of beauty and joy
into his revered life. I doubt that any museum in the world, whether the
Metropolitan in New York, the British Museum in London, the Louvre in
Paris, or the Tretiakov Gallery in Moscow, could present such a catalogue
as this; in fact, should they pool their treasures, the result would certainly
fall short of the art collection that Germany amassed for itself, at the
expense of the other nations of Europe. Never in history has a collection so
great been amassed with so little scruple.
It is refreshing, however, to know that the victorious Allied armies have
recovered most of such treasures, principally hidden away in salt mines,
tunnels, and secluded castles; and the proper governmental agencies are
now in the process of restoring these priceless works of art to their rightful
owners.
I shall next refer to Document 154-PS, which is a letter dated the 5th of
July 1942 from Dr. Lammers, Reich Minister and Chief of the Chancellery,
to the highest Reich authorities and services directly subordinate to the

Führer. This letter states and implements the Hitler order that was
introduced in evidence and explains that the Führer delegated authority to
Rosenberg’s staff to search for and seize cultural property by virtue of
Reichsleiter Rosenberg’s position as representative of the Führer for the
supervision of the whole ideological and political education of the NSDAP.
The Tribunal will recall, however, that it is by virtue of holding this
office that Defendant Rosenberg occupied a place within the Reichsleitung,
or Party Directorate of the Leadership Corps. That is Exhibit USA-370, and
it is simply offered for the purpose of showing the address to the highest
Reich authorities and services directly subordinate to the Führer.
In a letter to the Defendant Bormann, dated the 23rd of April 1941, the
Defendant Rosenberg protested against the arbitrary removal by the SD and
other public services of property from libraries, monasteries, and other
institutions; and he proposed that, in the claims by the SD and his
representative, the final regulation as to the confiscation should be made by
the Gauleiter. This letter has been offered previously as 071-PS; and I
quote, beginning with the next to the last sentence at the bottom of Page 1
of the English translation—I am sorry, Your Honor, that is in the other book.
THE PRESIDENT: You cited 071-PS this morning.
COL. STOREY: Yes, Sir, and I will forego that at the moment, Your
Honor, because it refers back to the other book. Finally, in connection with
the presentation of this subject, I submit that the summary of evidence
establishes that the defendants and the conspirators, Rosenberg and
Bormann, acting in their capacity as political leaders of the Leadership
Corps of the Nazi Party and as members thereof, participated in the
Conspiracy or Common Plan alleged in Count One of the Indictment and
committed acts constituting the crimes alleged. Accordingly we submit: (1)
The Leadership Corps of the Nazi Party is a group or organization in the
sense in which those terms are used in Article 9 of the Charter; (2) The
defendants and conspirators, Rosenberg and Bormann, committed the
crimes defined in Article 6 of the Charter, and in that capacity as members
of the political leaders of the Leadership Corps of the Nazi Party.
It was at all times the primary and central design and purpose of the
Leadership Corps of the Nazi Party to direct, engage, and participate in the
execution of the conspiracy which contemplated and involved the
commission of the crimes as defined in Article 6 of the Charter.

And I should like now to call attention again to a chart which was
identified in the beginning—I believe by Major Wallis; it was taken from
the publication which is entitled The Face of the Party. This chart
emphasizes, more clearly than I can state, the total and thorough control
over the life of the German, beginning at the age of 10 at the bottom of the
chart and continuing through the various categories on up through.
Notice the age of 10 to 14, the Jungvolk. Then it goes to the Adolf
Hitler School on the right, 12 to 18. The Hitler Jugend, 15 to 18; the SA, the
NSKK, NSFK, 19 to 20. And then the labor service over at the left. And
then again to the SA, SS, NSKK, NSFK; and then into the Wehrmacht, and
on up through to the top box on the left of the top row of men, the political
leaders of the NSDAP. And then finally all of those buildings up there, as I
understand, are the academies of the NSDAP. And then finally at the top to
the political leaders of the German Volk, showing the evolution. This is the
final exhibit, and with that I close the presentation of the Leadership Corps.
The next presentation is the Reich Cabinet (the Reichsregierung). We will
take just a few moments.
If Your Honors please, there is one thing Colonel Seay called my
attention to. I simply refer to it for the record. In one of the previous
documents, 090-PS, Exhibit USA-372, which is in the other document
book, there was a statement that clearly established that the expenses of the
Einsatzstab Rosenberg, that is, the staff’s operational expenses, were
financed by the Nazi Party.
If the Tribunal please, I now offer Document Book X, which I believe
has been passed to Your Honors; and also Colonel Dostert’s staff has
prepared a chart of the Reichsregierung in different languages, and I believe
Your Honors have copies. There is one copy here in German that I shall be
glad to pass to counsel who are especially concerned with this case. They
have one copy in German. I don’t know who it is . . .
THE PRESIDENT: You mean counsel for the Reich Cabinet?
COL. STOREY: Yes, Sir. May I say also, by preliminary reference, that
we examined the records in the collection office this morning and only one
letter of intervention has been filed on behalf of the Reich Cabinet and that
was by the Defendant Keitel.
We will now consider the Reichsregierung. Some preliminary remarks
about this group have already been placed before the Tribunal by Mr.
Albrecht in his comments upon the government chart. It will be necessary,

however, for sake of coherence, to repeat briefly some of the statements
made by him, and therefore we beg the indulgence of the Tribunal.
The Reichsregierung, meaning Reich Cabinet, unlike most of the other
groups named in the Indictment, was not especially created by the Nazi
Party to carry out or implement its nefarious schemes and purposes. The
Reichsregierung—commonly referred to as the Cabinet—had, before the
Nazis came to power, a place in the constitutional and political history of
the country. As with other cabinets of duly constituted governments, the
executive power of the realm was concentrated in that body. The Nazi
conspirators realized this only too well. Their aim for totalitarian control
over the State could not be secured, they realized, except by acquiring,
holding, and utilizing the top-level machinery of the State. And this they
did. Under the Nazi regime the Reichsregierung gradually became a
primary agent of the Nazi Party with functions and policies formulated in
accordance with the objectives and methods of the Party itself. The
institution of the “Reichsregierung” became—at first gradually and then
with more rapidity—polluted by the infusion of the Nazi conspirators into
the Cabinet. Many of them—16 to be exact—sit before you today in the
dock. There was no plan, scheme, or purpose, however vile or inhuman or
illegal in any sense of the word, that was not clothed with the semblance of
legality by the Nazi Reichsregierung. It is for that reason that we will ask
this Tribunal—after the proof has been offered—to declare that body, as
defined in the Indictment, to be a criminal organization. The proof will be
divided into two main categories, the first of which will tend to establish the
composition and nature of the Reichsregierung under the Nazis, as well as
delineating briefly its functions and powers, while the second will tend to
establish—and conclusively we believe—the reasons why the brand of
criminality should be affixed to that group.
The term “Reichsregierung” literally translated reads “Reich
Government.” Actually, as we said, it was commonly taken to refer to the
ordinary Reich Cabinet. In the Indictment the term “Reichsregierung” is
defined to include not only those persons who were members of the
ordinary Reich Cabinet, but also persons who were members of the Council
of Ministers for the Defense of the Reich and the Secret Cabinet Council.
However, the really important subdivision of the three is—as the proof will
show—the ordinary Cabinet. Between it and the other two there was in
reality only an artificial distinction. There existed, in fact, a unity of

personnel, actions, functions, and purposes that obliterated any academic
separation. As used in the Indictment, the term “ordinary Cabinet” means
Reich Ministers, that is, heads of departments of the central government,
Reich Ministers without portfolio, State Ministers acting as Reich
Ministers, and other officials entitled to take part in meetings.
I might state here that altogether there were 48 persons who held
positions in the ordinary Cabinet. Seventeen of them are defendants before
the Tribunal. Bormann is absent. Of the remaining 31, eight are believed to
be dead.
Into the ordinary Cabinet were placed the leading Nazi collaborators,
the trusted henchmen; and then, when new governmental agencies or bodies
were created either by Hitler or the Cabinet itself, the constituents of these
new bodies were taken from the roles of the ordinary Cabinet.
In 1933 when the first Hitler Cabinet was formed on the 30th of
January, there were 10 ministries that could be classified as departments of
the Central Government. I have here a typed copy of the minutes of the first
meeting of that Cabinet. These were found in the files of the Reich
Chancellery and bear the typed signature of one Weinstein, who was
described in the minutes as responsible for the protocol, the counsellor of
the ministry. That document already appears in Document Book B; but I
again refer the Tribunal to Page 4 of the translation, which is Document 351
as shown in your document book and contains a list of those present.
THE PRESIDENT: 351-PS?
COL. STOREY: Yes, Sir, 351-PS, Exhibit USA-389.
The 10 ministers referred to therein are set forth. They are:
Reich Minister for Foreign Affairs, the Defendant Von Neurath; Reich
Minister of the Interior, the Defendant Frick; Reich Minister of Finance,
Von Krosigk; Reich Minister of Economy and Reich Minister of Food and
Agriculture, Dr. Hugenberg; Reich Minister of Labor, Seldte; Reich
Minister of Justice—no name is given—the post was filled 2 days later by
Gürtner; Reich Defense Minister Von Blomberg; and the Reich Postmaster
General and Reich Minister for Transportation, Von Eltz-Rübenach.
In addition you will note that the Defendant Göring was there as a Reich
Minister—he had no portfolio then—and as Reich Commissar for Aviation.
Dr. Gereke was there as Reich Commissar for Procurement of Labor. Two
State Secretaries were present: Dr. Lammers of the Reich Chancellery and
Dr. Meissner of the Reich Presidential Chancellery.

THE PRESIDENT: In the copy I have the Defendant Göring appears as
the Reich Minister for Aviation.
COL. STOREY: Yes, Sir. I mentioned that he appears as Reich Minister
and as Reich Commissar for Aviation.
THE PRESIDENT: Oh, I see. I was reading from the first two pages of
the document. You were reading from Page 4?
COL. STOREY: Yes.
THE PRESIDENT: Very well.
COL. STOREY: I am informed that the Ministry was created later, but it
is given as Reich Commissar for Aviation.
In addition the Defendant Funk was present as Reich Press Chief, and
the Defendant Von Papen was present as Deputy of the Reich Chancellor
and Reich Commissar for the State of Prussia.
Not long after that date new ministries or departments were created into
which leading Nazi figures were placed. On 13 March 1933 the Ministry of
Popular Enlightenment and Propaganda was created. The decree setting it
up appears in the 1933 Reichsgesetzblatt, Part I, Page 104, our Document
2029-PS.
I assume that the Court will take judicial notice of the laws and decrees,
as we have mentioned in the previous proceeding.
The late Goebbels was named as Reich Minister of Popular
Enlightenment and Propaganda.
On 5 May 1933 the Ministry of Air (Reichsgesetzblatt 1933, Part I, Page
241, our Document 2089-PS). On 1 May 1934 the Ministry of Education. I
refer to 1934 Reichsgesetzblatt, Part I, Page 365, our Document 2078-PS.
On 16 July 1935 the Ministry for Church Affairs (1935 Reichsgesetzblatt,
Part I, Page 1029, our Document 2090-PS). The Defendant Göring was
made Air Minister; Bernhard Rust, Gauleiter of South Hanover, was named
Education Minister; and Hans Kerrl named Minister for Church Affairs.
Two ministries were added after the war started. On 17 March 1940 the
Ministry of Armaments and Munitions was established (1940
Reichsgesetzblatt, Part I, Page 513, our Document 2091-PS). The late Dr.
Todt, a high Party official, was appointed to this post. The Defendant Speer
succeeded him. The name of this department was changed to “Armaments
and War Production” in 1943 (1943 Reichsgesetzblatt, Part I, Page 529, our
Document 2092-PS). On 17 July 1941, when the seizure of the Eastern
Territories was in progress, the Ministry for the Occupied Eastern

Territories was created. The decree appointing the Defendant Rosenberg to
the post of Minister of this department has already been received in
evidence as Exhibit USA-319.
During the years 1933 to 1945 one ministry was dropped—that of
Defense which was later called “War”. This took place in 1938 when, on 4
February, Hitler took over command of the whole Armed Forces. At the
same time he created the “Chief of the Supreme Command of the Armed
Forces” or, in other words, the Chief of the OKW. This was the Defendant
Keitel. The decree accomplishing this change is published in the 1938
Reichsgesetzblatt, Part I, at Page 111. It appears in our document book as
1915-PS, and I would like to quote a brief portion of that decree. It begins
at the bottom of the second paragraph:
“He”—referring to the Chief of the Supreme Command of the
Armed Forces—“is an equal in rank to a Reich Minister.
“At the same time, the Supreme Command takes the
responsibility for the affairs of the Reich Ministry of War; and by
my order, the Chief of the Supreme Command of the Armed
Forces exercises the authority formerly belonging to the Reich
Minister.”
Another change in the composition of the Cabinet during the years in
question should be noted. The post of Vice-Chancellor was never refilled
after the Defendant Von Papen left on 30 July 1934.
In addition to the heads of departments that I have outlined, the ordinary
Cabinet also contained Reich Ministers without portfolio. Among these
were the Defendants Hans Frank; Seyss-Inquart; Schacht, after he left the
Economics Ministry; and Von Neurath, after he was replaced as Minister for
Foreign Affairs. There were other positions that were also an integral part of
the Cabinet. These were: the Deputy of the Führer, the Defendant Hess, and
later his successor; the Leader of the Party Chancellery, the Defendant
Bormann; the Chief of Staff of the SA, Ernst Röhm, for 7 months prior to
his assassination; the Chief of the Reich Chancellery, Lammers; and, as we
have already mentioned, the Chief of the OKW, the Defendant Keitel.
These men had either the title of, or the rank of, Reich Minister. I have
already read portions of the law creating the Chief of the OKW where his
importance in Cabinet affairs is delineated. The importance of the
Defendants Hess and Bormann will soon be expounded, while that of the

Chief of the Reich Chancellery, Lammers, will also soon become self-
evident.
But there were others, such as State Ministers acting as Reich Ministers.
Only two persons fell within this category: the Chief of the Presidential
Chancellery, Otto Meissner; and the State Minister of the Protectorate of
Bohemia and Moravia, Karl Hermann Frank. In addition, the Indictment
names as belonging to the ordinary Cabinet “others entitled to take part in
Cabinet meetings.” Many governmental agencies were created by the Nazis
between the years 1933 and 1945, but the peculiarity of such creations was
that in most instances such new posts were given the right to participate in
Cabinet meetings. Here the list is long but significant. Thus those entitled to
take part in Cabinet meetings were: the Commanders-in-Chief of the Army
and the Navy, the Reich Forest Master, the Inspector General for Water and
Power, the Inspector General of German Roads, the Reich Labor Leader,
the Reich Youth Leader, the Chief of the Foreign Organization in the
Foreign Office, the Reichsführer SS and Chief of the German Police in the
Reich Ministry of the Interior, the Prussian Finance Minister, and the
Cabinet Press Chief.
These, then, were the posts and some of the personnel in the ordinary
Cabinet. They were all positions of such common knowledge and notoriety
that the Tribunal can take judicial notice. Further, they all appear on the
chart entitled “Organization of the Reich Government,” which was
authenticated by the Defendant Frick and is in evidence as Exhibit Number
USA-3, which Mr. Albrecht introduced on the second day of the Trial. They
are also provable by laws and decrees published in the Reichsgesetzblatt
and by notices in the semi-official monthly publication entitled Das Archiv,
which was edited by an official of the Ministry of Popular Enlightenment
and Propaganda—all of which, I submit, are within the judicial notice
purview of the Tribunal. The persons who held these posts in the ordinary
Cabinet varied between the years 1933 to 1945.
Does Your Honor wish to adjourn at 12:45?
THE PRESIDENT: Yes, perhaps we had better.
[A recess was taken until 1400 hours.]

Afternoon Session
COL. STOREY: If the Tribunal please, the persons who held these posts
in the ordinary Cabinet varied between the years 1933 and 1945. Although
it is not incumbent upon us to prove who they were, since the group and not
the individuals are under consideration, nevertheless their names are
already before this Tribunal in the original governmental chart, Exhibit
Number USA-3. Since it will be of interest to the Tribunal to see what
persons—and 17 of them are defendants here—held what positions in the
Cabinet, a table has been prepared which lists all the departments and posts
I have mentioned and the incumbents thereof during the years 1933 to 1945.
The German equivalents of the titles are also shown; and with the
permission of the Tribunal, I will now distribute this table to the members
of the Tribunal. Copies have likewise been filed in the defendants’
Information Center. The table also is annotated with citations to sources
verifying the facts shown—all of which, however, were of common
knowledge during the period in question.
Diverting from the text: This is simply prepared for the convenience of
the Tribunal in connection with the studying of the briefs and the
documents. As I said at the outset, the proof will show that there was only
an artificial distinction between the ordinary Cabinet, the Secret Cabinet
Council, and the Council of Ministers for the Defense of the Reich. This is
evidenced in the first instance by the unity of personnel between the three
subdivisions.
Thus, on 4 February 1938 Hitler created the Secret Cabinet Council. If
Your Honors will refer to this big chart, you will notice under 1938 there is
a red line pointing down to the Secret Cabinet Council created during that
year. This decree appears in the 1938 Reichsgesetzblatt, Part I, at Page 112.
It is in our document book, Document 2031-PS, and I should like to quote
from this document. It begins with the opening paragraph, Document 2031-
PS, under the Laws and Decrees Section. I quote:
“To advise me in directing the foreign policy I am setting up a
Secret Cabinet Council. As President of the Secret Cabinet
Council I nominate Reich Minister Baron von Neurath. As
members of the Secret Cabinet Council I nominate:

“Reich Minister for Foreign Affairs Joachim von Ribbentrop;
Prussian Minister President, Reich Minister of the Air, Supreme
Commander of the Air Forces, General Field Marshal Hermann
Göring; the Führer’s Deputy, Reich Minister Rudolf Hess; Reich
Minister for Public Enlightenment and Propaganda, Dr. Joseph
Goebbels; Reich Minister and Chief of the Reich Chancellery, Dr.
Hans Heinrich Lammers;”—that is shown at the top immediately
under Hitler—“Supreme Commander of the Army, Colonel
General Walther von Brauchitsch; Supreme Commander of the
Navy, Grand Admiral Dr. Raeder; Chief of the Supreme
Command of the Armed Forces, General of the Artillery Wilhelm
Keitel.”
It will be noted that every member was either a Reich Minister or, as in
the case of the Army, Navy, and OKW heads, had the rank and authority of
a Reich Minister.
On 30 August 1939 Hitler established the Council of Ministers for
Defense of the Reich, better known as the Ministerial Council—coming
down from the year 1939, the Ministerial Defense Council. This was the so-
called war cabinet. The decree appears in the 1939 Reichsgesetzblatt, Part I,
at Page 1539. I now refer to Document 2018-PS of the Laws and Decrees,
and I quote Section Number 1:
“(1) A Ministerial Council for Defense of the Reich shall be
formed out of the Reich Defense Council as a standing
committee;
“(2) The standing members of the Ministerial Council for Defense
of the Reich shall include:
“General Field Marshal Göring, as chairman; the Führer’s
Deputy”—the Defendant Hess—“the Plenipotentiary General for
Reich Administration”—who was the Defendant Frick—“the
Plenipotentiary General for Economy”—the Defendant Funk
—“the Reich Minister and Chief of the Reich Chancellery”—Dr.
Lammers—“the Chief of the High Command of the Armed
Forces”—who was the Defendant Keitel.
“(3) The chairman may draw on any other members of the Reich
Defense Council as well as other personalities for advice.”

Again it will be seen that all were also members of the ordinary
Cabinet. But this use of the Cabinet as a manpower reservoir from whom
the trusted collaborators were selected becomes particularly poignant when
we consider the actions of the Nazi conspirators which were not published
in the Reichsgesetzblatt, which were concealed from the world, and which
were part and parcel of their conspiracy to wage aggressive war. It will have
been noted that the decree setting up the Ministerial Council contained this
language, the one to which I have just referred:
“A Ministerial Council for Defense of the Reich shall be formed
out of the Reich Defense Council as a standing committee
. . . .”—also Subparagraph 3 of the same one—“The chairman
may draw on any other members. . . .”
There is evidence already before this Tribunal establishing the creation
—by the Cabinet—on 4 April 1933 of this really secret war-planning body.
I refer the Tribunal to Exhibit USA-24, which appears in our document
book as Document 2261-PS. That document contains the unpublished Reich
Defense Law of 21 May 1935. As to the membership of that Council when
first created, I have here a copy of the minutes of the second session of the
working committee of the delegates for the Reich defense, dated 22 May
1933, and signed by the Defendant Keitel. It appears in our document book
as EC-177, Exhibit USA-390. The composition of the Reich Defense
Council appears on Page 3 of the original, and also on Page 3 of the
translation:
THE PRESIDENT: I thought you were going to refer to 2261-PS.
COL. STOREY: If Your Honor pleases, I just referred to it as being an
exhibit already in evidence and said that it was one of the unpublished
Reich defense laws. That was the only purpose in referring to it.
The quotation is from Page 3 of the translation, beginning at the top of
the page:
“Composition of the Reich Defense Council:
“President, Reich Chancellor; Deputy, Minister of the
Reichswehr; Permanent Members, Minister of the Reichswehr,
Reich Minister for Foreign Affairs, Reich Minister of the Interior,
Reich Minister of Finance, Reich Minister of Economic Affairs,
Reich Minister for Public Enlightenment and Propaganda, Reich

Air Ministry, Chief of the Army Command Staff, Chief of the
Navy Command Staff, and—as the case may be—the remaining
Reich Ministers, other personalities, for example, leading
industrialists, et cetera.”
All but the Chiefs of the Army and Navy Command Staff were, then,
component parts of the ordinary Cabinet. The composition of this Defense
Council was changed in 1938. I refer the Tribunal to Exhibit USA-36,
which appears in our document book as Number 2194-PS. This contains the
unpublished Reich Defense Law of 4 September 1938.
I now quote from Paragraph 10, entitled “The Reich Defense Council,”
which is found at Page 4 of the copy of the law in the original; and I now
quote from Page 6 of the English translation, the top of the page:
“(2) The Führer and Reich Chancellor is chairman in the Reich
Defense Council. His permanent deputy is General Field Marshal
Göring; he has the authority to call conferences of the Council.
Permanent members of the Council are:
“Reich Minister of Air and Supreme Commander of the Air
Force, the Supreme Commander of the Army, the Supreme
Commander of the Navy, the Chief of the OKW, the Führer’s
Deputy, the Reich Minister and Chief of the Reich Chancellery,
the President of the Secret Cabinet Council, the Plenipotentiary
General for the Reich Administration, the Plenipotentiary General
for Economics, the Reich Minister for Foreign Affairs, the Reich
Minister of the Interior, the Reich Minister of Finance, the Reich
Minister for Public Enlightenment and Propaganda, the President
of the Reich Bank Directorate.
“The other Reich Ministers and the Reich offices directly
subordinate to the Führer and the Reich Chancellor will be
consulted if necessary. Further personalities may be called as the
case demands.”
THE PRESIDENT: Colonel Storey, it would help me if you explained
to me what conclusions you are asking us to draw from these documents.
COL. STOREY: If Your Honor pleases, we were trying to show the
progressive domination of the Reich Cabinet by the defendants and the
members of this group, so that, as Your Honors will see as we later go

ahead, they could pass laws and decrees secretly, by circulatory process or
at the will, in effect, of the defendants. I realize it is a little detailed, but we
are trying to show the composition and how it was set up, and the
conclusions will be drawn later.
By that time the Supreme Commanders of the Army and Navy had been
given ministerial rank and authorized to participate in Cabinet meetings. I
cite 1938 Reichsgesetzblatt, Part I, Page 215.
May we at this time call the attention of the Tribunal to two members of
the Defense Council who will also appear in the Ministerial Council under
the same title: the Plenipotentiary for Administration and the
Plenipotentiary for Economy. The former post was held by the Defendant
Frick, while the latter was first held by the Defendant Schacht and then by
the Defendant Funk, who signed the decree in that capacity. These facts are
verified by the Defendant Frick in Exhibit Number USA-3, which is the
Nazi governmental organization chart previously referred to.
As we will later show, these two posts had many of the other ministries
subordinated to them for war-planning aims and purposes. They, together
with the Chief of the OKW, formed a powerful triumvirate, known as the
“Three-Man College”—that is shown in the three boxes down from 1935 to
1938—which figured prominently, as the proof will disclose, in the plans
and preparations to wage aggressive war. And the incumbents of these
positions were Cabinet members: the Defendants Frick, Funk, and Keitel.
This utilization of the ordinary Cabinet as a supply center for other
governmental agencies and the cohesion between all of the groups is
perhaps quickly seen on the chart which is shown.
The points I have been making are illustrated on the chart. We are not
offering this chart in evidence, although all facts thereon already have been
or will be proved. The chart is also designed to depict—to the left of the
line running down the right center—the chronological development of the
offshoots of the ordinary Cabinet. Thus in the main box entitled “Reich
Cabinet”—which appears directly under Hitler—certain dates appear.
I believe I will skip the part that describes those lines because it is self-
evident.
The Ministerial Defense Council was created in 1944; the Delegate for
Total War Effort was Goebbels. These agencies were, next to Hitler, the
important Nazi functionaries. In every case, as the chart shows, they were
occupied by persons taken from the ordinary Cabinet. The arrow running

from the Reich Defense Council to the Ministerial Defense Council is
intended to reflect the fact, shown previously, that the latter was formed out
of the former. We will, for other points of this presentation, refer again to
the chart, especially to that portion to the right, which relates to ministries.
The unity, cohesion, and inter-relationship of the subdivisions of the
Reichsregierung were not the result of a co-mixture of personnel alone. It
was also realized by the method in which it operated. The ordinary Cabinet
consulted together both by meetings and through the so-called circulation
procedure. Under this procedure, which was predominantly used when
meetings were not held, drafts of laws prepared in the individual ministries
were distributed to the other Cabinet members for approval or disapproval.
The man primarily responsible for the circulation of drafts of laws under
this procedure was Dr. Lammers, the Leader and Chief of the Reich
Chancellery. I have here an affidavit executed by him concerning that
technical device, which we offer in evidence as Exhibit USA-391,
Document 2999-PS. It is short and I should like to quote all of it:
“I, Hans Heinrich Lammers, being first duly sworn, depose and
say:
“I was Leader of the Reich Chancellery from 30 January 1933
until the end of the war. In this capacity I circulated drafts of
proposed laws and decrees, submitted to me by the minister who
had drafted the law or decree, to all members of the Reich
Cabinet. A period of time was allowed for objections, after which
the law was considered as being accepted by the various members
of the Cabinet. This procedure continued throughout the entire
war. It was likewise followed also in the Ministerial Council for
Defense of the Reich.”—Signed—“Dr. Lammers”—and sworn to
before Lieutenant Colonel Hinkel.
As an illustration of how the circulation procedure worked, I have here
a memorandum dated 9 August 1943, which bears the facsimile signature of
the Defendant Frick and is addressed to the Reich Minister and Chief of the
Reich Chancellery. Attached to the memorandum is a draft of the law in
question and a carbon copy of a letter dated 22 December 1943, from the
Defendant Rosenberg to the Reich Minister of the Interior, containing his
comments on the draft. I now offer Document 1701-PS as Exhibit USA-
392, and I call Your Honors’ attention to the big red border around the

enclosure. The quoted portion is from Page 1 of the translation and Page 1
of the original. Quoting:
“To the Reich Minister and Chief of the Reich Chancellery in
Berlin (W8). For the information of the other Reich Ministers.
Subject: Law on the Treatment of Asocial Elements of Society.
Referring to my letter of 19 March 1942, 55 enclosures.
“The draft of the Law on the Treatment of Asocial Elements of
Society having been completely rewritten, I am sending the
enclosed new draft with the consent of the Reich Minister of
Justice, Dr. Thierack, and ask that the law be approved in the
circulatory manner. The necessary number of copies is attached.”
The same procedure was followed in the Council of Ministers when that
body was created; and the decrees of the Council of Ministers were also
circulated to the members of the ordinary Cabinet.
I have here a carbon copy of a memorandum found in the files of the
Reich Chancellery by the Allied armies and addressed to the members of
the Council of Ministers, dated 17 September 1939 and bearing the typed
signature of Dr. Lammers. It is Document 1141-PS, Exhibit USA-393.
From the English translation, the last paragraph just above Dr. Lammers’
signature, I quote:
“Matters submitted to the Ministerial Council for Defense of the
Reich have heretofore been distributed only to the members of the
Council. I have been requested by some of the Reich Ministers
who are not permanent members of the Council to inform them of
the drafts of the decrees which are being submitted to the
Council, so as to enable them to check those drafts from the point
of view of their respective offices. I shall follow this request so
that all of the Reich Ministers will in the future be informed of the
drafts of decrees which are to be acted upon by the Ministerial
Council for Defense of the Reich. I therefore request that 45
additional copies of the drafts, as well as of the letters which
usually contain the arguments for the drafts, be added to the
folders submitted to the Council.”
Von Stutterheim, who was an official of the Reich Chancellery,
comments on this procedure at Page 34 of a pamphlet entitled The Reich

Chancellery, which I now offer in evidence, Document 2231-PS . . .
THE PRESIDENT: Colonel Storey, I don’t understand what the
importance of the last document is.
COL. STOREY: The last document, if Your Honor pleases, is in further
evidence of the approval of laws and of the passing of laws by a circulatory
process.
THE PRESIDENT: We already have that in Dr. Lammers’ affidavit.
COL. STOREY: It might be considered strictly cumulative, if that is
what Your Honor has in mind.
THE PRESIDENT: Well, if it is cumulative, we don’t really want to
hear it.
COL. STOREY: Yes, Sir; I will ask then that it be stricken from the
record. I had really overlooked the fact that it was cumulative. Miss Boyd
and Commander Kaplan tell me that the Document Number 2231-PS is
probably also corroborative of the same process; and I will, therefore, not
offer it.
I have already stated that for a time the Cabinet consulted together
through actual meetings. The Council of Ministers did likewise, but those
members of the Cabinet who were not already members of the Council also
attended the meetings of the Ministerial Council. And when they did not
attend in person they were usually represented by State Secretaries of the
Ministries. We have here the minutes of six meetings of the Council of
Ministers of the 1, 4, 8, and 19 September 1939, also of the 16 October and
15 of November 1939. These original documents were found in the files of
the Reich Chancellery. I offer them in evidence as Document 2852-PS,
Exhibit USA-395. It will only be necessary to point, for our purposes, to a
few of the minutes. I call the attention of the Tribunal to the meeting held
on the 1st of September 1939, which is probably the first meeting since the
Council was created on the 30th August 1939; and I read from that
document—showing who was present—beginning at the top of the English
translation:
“Present were the permanent members of the Ministerial Council
for Defense of the Reich:
“The Chairman, General Field Marshal Göring; the Führer’s
Deputy, Hess;”—for some unknown reason a line appears through
the name Hess—“the Plenipotentiary General for Reich

Administration, Dr. Frick; the Plenipotentiary General for
Economy, Funk; the Reich Minister and Chief of the Reich
Chancellery, Dr. Lammers; and the Chief of the High Command
of the Armed Forces, Keitel, represented by Major General
Thomas.”
These were the regular members of the Council. Also present were the
Reich Minister for Food and Agriculture, Darré, and seven State Secretaries
—naming the secretaries. These State Secretaries were from the several
ministries or other supreme Reich authorities, as, for example, to name a
few: Körner was the Deputy of the Defendant Göring in the Four Year Plan;
Stuckart was in the Ministry of the Interior; Landfried was in the Ministry
of Economics; Syrup was in the Ministry of Labor. These later positions
appear on the government chart which is already in evidence. Another
meeting of the Council—I will skip that one.
And then there came the names of nine State Secretaries . . .
THE TRIBUNAL (Mr. Biddle): Colonel Storey, the last document
showed only that certain members of the Cabinet came to a Cabinet
meeting. Did it show any more than that?
COL. STOREY: It shows no more than that. I was just going on a little
farther to show that an SS Gruppenführer was present also, and other people
were present.
THE TRIBUNAL (Mr. Biddle): What would that show?
COL. STOREY: In other words, that they called in these subordinate
people, as in the meeting of the ministers.
THE TRIBUNAL (Mr. Biddle): What would that show?
COL. STOREY: Well, it just shows the permeation of the Party and the
subordinate agencies, showing they could use the Reich Cabinet for
whatever purpose they wanted and to devise laws any way they wanted.
They called in these subordinate people, in these subordinate positions, to
sit with them when they were passing Cabinet measures. I can also call
Your Honors’ attention to the Ministerial Council for Defense. It was
supposed to be a ministerial-rank Cabinet meeting; and as I just started to
show, they called in SS Gruppenführer Heydrich to this meeting.
THE PRESIDENT: There can be no doubt, can there, that there was a
Reich Cabinet?
COL. STOREY: No, Sir.

THE PRESIDENT: And that the Reich Cabinet made decrees by this
circulatory method? There is no doubt about that.
COL. STOREY: That is right, Sir.
THE PRESIDENT: What does this document add to that?
COL. STOREY: It shows who participated, and how they went out into
the Party ranks to bring others, but I will omit the rest of the references to
these other individuals.
THE PRESIDENT: But we have had ample evidence before, haven’t
we, as to who formed the Reich Cabinet?
COL. STOREY: Yes, Sir. Well, I will skip the rest of the references to
other people who participated, and pass over to Page 23 of the record.
Before leaving these minutes and as indicative of the activities of the
Reichsregierung, I would like to direct the attention of the Tribunal to some
of the decrees passed and the minutes discussed at these meetings. At the
first meeting of 1 September 1939, 14 decrees were ratified by the Council.
Of this group I call the attention of the Tribunal to Decree Number 6,
appearing on Page 2 of the translation, and I quote:
THE PRESIDENT: I don’t think you gave us the number, did you?
COL. STOREY: I beg your pardon, Sir. It is the Reichsgesetzblatt, I,
Page 1681, of which we ask the Tribunal to take judicial notice. That decree
was about the organization of the administration and about the German
Security Police in the Protectorate of Bohemia and Moravia. That appears
in the translation of 2852-PS. Another one that was passed is dated 19
September 1938, on Page 6 of the translation; and I quote from the bottom
of the page:
“The Chairman of the Council, General Field Marshal Göring,
made comments regarding the structure of civil administration in
the occupied Polish territory. He expressed his intentions
regarding the economic evacuation measures in this territory.
Then the questions of decreasing wages and the questions of
working hours and the support of members of families of drafted
workers were discussed.”
There are a number of miscellaneous points of discussion appearing,
and in Paragraph 2 of the minutes I quote the following as it appears on
Page Number 7:

“The chairman directed that all members of the Council regularly
receive the situation reports of the Reichsführer SS. Then the
question of the population of the future Polish Protectorate was
discussed and the housing of Jews living in Germany.”
Finally, I call the attention of the Tribunal to the minutes of the meeting
of 15 November 1939, Page 10 of the translation, where, among other
things, the treatment of Polish prisoners of war was also discussed.
We submit that this document not only establishes the close working
union between agencies of the State and Party, especially with the notorious
SS, but also tends to establish, as charged in the Indictment, that the
Reichsregierung was responsible for the policies adopted and put into effect
by the Government, including those which comprehended and involved the
commission of crimes referred to in the Indictment. But a mere working
alliance would be meaningless unless there was power. And the
Reichsregierung had the power. Short of Hitler himself, it had practically all
the power a government can exercise. The Prosecution has already offered
evidence on how Hitler’s Cabinet and the other Nazi conspirators secured
the passage by the Reichstag of the “Law for the Protection of the People
and the Reich” of 24 March 1933, which has been previously referred to in
Document 2001-PS, which law vested the Cabinet with legislative powers
even to the extent of deviating from previously existing constitutional law;
how such powers were retained even after the members of the Cabinet were
changed; and how the several states, provinces, and municipalities, which
had formerly exercised semi-autonomous powers, were transformed into the
administrative organs of the central government. The ordinary Cabinet
emerged all-powerful from this rapid succession of events. The words of the
Defendant Frick are eloquent upon that achievement. Here is an article in
Document 2380-PS, which I offer in evidence as Exhibit USA-396; and it is
from the 1935 National Socialist Yearbook. I quote from Page 213 of the
original, and it is on Page 1 of the English translation, the second
paragraph:
“The relationship between the Reich and the States has been put
on an entirely new basis never known in the history of the
German people. It gives to the Reich Cabinet”—Reichsregierung
—“unlimited power; it even makes it its duty to build a
completely unified leadership and administration of the Reich.

From now on there is only one national authority: that of the
Reich. Thus, the German Reich has become a unified state; and
the entire administration in the states is carried out only by order
of, or in the name of, the Reich. The state borders are now only
administrative-technical boundaries, but no longer boundaries of
sovereignty. In calm determination, the Reich Cabinet realizes
step by step, supported by the confidence of the entire German
people, the great longing of the nation: the creation of the unified
National Socialist German State.”
THE PRESIDENT: Colonel Storey, that document seems to me to be
merely cumulative. You have established, and other counsel on behalf of the
United States have established, that the Reich Ministers had power to make
laws, and the question is whether you have given any evidence as to the
criminal nature of the Reich Cabinet.
COL. STOREY: If Your Honor pleases, again it was included for the
purpose of connecting one of the defendants here . . .
THE PRESIDENT: What I was pointing out was that it was merely
cumulative.
COL. STOREY: Yes, all right, Sir. It may be strictly cumulative. I will
omit the next reference, which will probably also be cumulative and turn
over to . . .
THE PRESIDENT: The same document, you mean?
COL. STOREY: No, Sir. There is another document that I was going to
offer, Number 2849-PS. There is a quotation from another book; it probably
bears on the same point. I will omit it also. The next is a reference to the
Ministerial Council’s being given legislative power. I don’t believe that that
has been introduced before—that the Council itself was given legislative
powers. That is in Article 2 of the decree of 30 August 1939, Document
2018-PS. The ordinary Cabinet continued to legislate throughout the war.
Obviously, because of the fusion of personnel between the Ministerial
Council and the ordinary Cabinet, questions were bound to arise as to what
form should lend its name to a particular law. Thus Dr. Lammers, the Chief
of the Reich Chancellery and a member of both agencies, wrote a letter on
14 June 1942 to the Plenipotentiary for Reich Administration about this
question.
This next document, if the Court please, it may not be necessary to read.
It just shows that both agencies continued to legislate side by side, and it

would really be cumulative evidence. There were others that possessed
legislative powers, besides the ones I have mentioned. Hitler, of course, had
legislative power. Göring, as Deputy of the Four Year Plan, could and did
issue decrees that had the effect of law. And the Cabinet delegated power to
issue laws which could deviate from the existing law to the
Plenipotentiaries of Economy and Administration and the Chief of the
OKW, the so-called “Three-Man College”—the Three-Man College having
authority to legislate. This was done in the war-planning law, the Secret
Defense Law of 1938, Document 2194-PS, Exhibit Number USA-36. These
three officials, Frick, Funk, and Keitel, however, were, as we have proved,
also members of the Council of Ministers, as well as being part of the
ordinary Cabinet. It can therefore be readily said, in the language of the
Indictment, that the Reichsregierung possessed legislative powers of a very
high order in the system of German government and that they exercised
such powers has in part already been demonstrated. I simply refer to that to
show that it was a secret Cabinet law—without quoting—that the executive
and administrative powers of the Reich were concentrated in the central
Government primarily as the result of two basic Nazi laws that reduced the
separate states—called Länder—to mere geographical divisions. If Your
Honor pleases, these laws are cited, and I believe it would be cumulative
evidence if we undertook to chronicle the laws. I pass to the part at the
bottom of Page 29. There were other steps taken towards centralization. Let
us see what powers the ordinary Cabinet would wield as a result. We have
here a publication published in 1944, which was edited by Dr. Wilhelm
Stuckart, State Secretary in the Reich Ministry of the Interior, and Dr. Harry
von Rosen-von Hoewel, another official with the title of
“Oberregierungsrat” in the Reich Ministry of the Interior. It is entitled
Administrative Law, and I offer it as Document 2959-PS, Exhibit USA-399.
It details the powers and functions of all the ministers of the ordinary
Cabinet, from which I will select but a few to illustrate the extent of control
vested in the Reichsregierung. The quotation is from Page 2 of the
translation and Page 66 of the original: “The Reich Ministers. There are at
present 21 Reich Ministers, namely. . . .” May I say that the only purpose in
offering this is to show what each minister had jurisdiction over and to what
his authority extended; for example, the Reich Minister for Foreign Affairs
—it details what he handles. The Reich Minister of the Interior follows in
detail on the matters entrusted to his jurisdiction, and so on.

THE PRESIDENT: Colonel Storey, may I ask you what has that to do
with the criminality of the Reich Cabinet?
COL. STOREY: The point, as I see it, again though it may be
cumulative, Your Honor, is to show how these defendants, and the others
with them, formed the ministries, formed these councils, so that they could
give semblance of legality to any action they determined to take, whether
they were in session or not and according to the dictates of the respective
Ministers; in other words, showing a complete domination.
THE PRESIDENT: I should have thought that was amply shown
already.
COL. STOREY: All right, Sir, I’ll pass further reference. I’ll skip over
all the rest of the laws and go to Page 35 of the record, in reference to the
criminality and the particular crimes. We now come to the second phase of
the proof against the Reichsregierung, tending to establish the criminal
characteristics. As the proof of all phases of the Prosecution’s case is
received, the Tribunal will note more and more the relationship such
evidence bears to the Reichsregierung and their resultant responsibility
therefor. Here we will direct the Court’s attention to some prominent
elements of the evidence that brands the group. First, it cannot be stressed
too frequently that under the Nazi regime the Reichsregierung became a
criminal instrument of the Nazi Party. In the original Cabinet of 30 January
1933, there were only three Cabinet members who were members of the
Party: Göring, Frick, and Hitler. I have already shown that as new ministries
were added prominent Nazis were placed at their head. On 30 January 1937
Hitler executed acceptance into the Party of those Cabinet members who
were not already members of the Nazi Party. This action is reported in the
Völkischer Beobachter, South German edition, 1 February 1937; it is
Document Number 2964-PS, Exhibit USA-401, and I quote from
Paragraphs 3 and 4 of the English translation:
“In view of the anticipated re-opening of the rolls for Party
membership, the Führer, as the first step in this regard, personally
carried out the enlistment into the Party of the members of the
Cabinet who so far had not belonged to it; and he handed them
simultaneously the Gold Party Badge, the supreme badge of
honor of the Party. In addition, the Führer awarded the Gold Party
Badge to Colonel General Baron von Fritsch; Generaladmiral, Dr.
Raeder; the Prussian Minister of Finance, Professor Popitz; and

the Secretary of State and Chief of the Presidential Chancellery,
Dr. Meissner. The Führer also honored with the Gold Party Badge
the Party members State Secretary Dr. Lammers, State Secretary
Funk, State Secretary Körner, and State Secretary General of the
Air Force Milch.”
It was possible to refuse the Party membership thus conferred. Only one
man did this, however, Von Eltz-Rübenach, who was the Minister of Posts
and Minister of Transport at the time. I have here an original letter, dated 30
January 1937, from Von Eltz-Rübenach to Hitler, and it is in his own
personal handwriting. I offer it in evidence as Document 1534-PS, Exhibit
USA-402; and I quote the entire document:
“Berlin (W8), 30 January 1937, Wilhelm Street, 79
“My Führer:
“I thank you for the confidence you have placed in me during the
4 years of your leadership and for the honor you do me in offering
to admit me into the Party.
“My conscience forbids me, however, to accept this offer. I
believe in the principles of positive Christianity and must remain
faithful to my God and to myself. Party membership, however,
would mean that I should have to countenance, without protest,
the increasing violent attacks by Party officers on the Christian
confessions and on those who wish to remain faithful to their
religious convictions.
“This decision has been infinitely difficult for me, for never in my
life have I performed my duty with greater joy and satisfaction
than under your wise state leadership.
“I ask to be permitted to resign.
“With German greetings, yours very obediently, Baron von Eltz.”
But the Nazis didn’t wait until all members of the Cabinet . . .
THE PRESIDENT: Was Baron von Eltz permitted to resign?
COL. STOREY: Yes. As I understand, Your Honor, every one of them
was a member, except this one; and he declined and resigned—which was
accepted. The Nazis didn’t wait until all members of the Cabinet were Party

members. Shortly after they came to power, they quickly assured
themselves of active participation in the work of the Cabinet. On 1
December 1933 the Cabinet passed a law securing the unity of Party and
State. That has been introduced previously and I will not refer to it any
more. It is referred to here as our Document Number 1395-PS.
THE PRESIDENT: Why is Baron von Eltz shown as a member of the
Cabinet in 1938?
COL. STOREY: If Your Honor pleases, the “1938” simply refers to the
time the Secret Cabinet Council was created. It does not have to do with
when any of these people came to the Cabinet.
THE PRESIDENT: Oh, I see.
COL. STOREY: In other words, all these arrows show that these
different agencies were created during those years.
THE PRESIDENT: Yes, I follow it.
COL. STOREY: I say, for Your Honors’ information, that in this list of
all of the Cabinet members and the members of the Reichsregierung from
1933 his name is shown in the list that we handed to Your Honors.
THE PRESIDENT: Up to 1937?
COL. STOREY: No, Sir; from 1933 down to 1945 his name is listed. If
Your Honors will recall, we handed in a separate list and it does contain the
Baron’s name, with the authority of his appointment, et cetera.
THE PRESIDENT: You mean that is a mistake?
COL. STOREY: No, Sir; it is not a mistake.
THE PRESIDENT: Well, then, he didn’t resign?
COL. STOREY: He did resign; but Your Honor asked if his name was
shown up here and I said that in the separate list showing the list of all
members of the Reichsregierung, from 1933 to 1945, the Baron’s name was
included and the proper reference is made in this separate list for Your
Honors’ guidance.
I have here a copy of an unpublished decree signed by Hitler, dated 27
July 1934. It is Document D-138, Exhibit USA-403; and it is in the section
of “Laws and Decrees,” if Your Honor pleases, and I offer it in evidence.
This is a decree of Adolf Hitler:
“I decree that the Führer’s Deputy, Reich Minister Hess, will have
the capacity of a participating Reich Minister in connection with
the preparation of drafts for laws in all Reich administrative
spheres. All legislative work is to be sent to him when it is

received by the other Reich Ministers concerned. This also
applies in cases where no one else participates except the Reich
Minister making the draft. Reich Minister Hess will be given the
opportunity to comment on drafts suggested by experts. This
order will apply in the same sense to legislative ordinances. The
Führer’s Deputy in his capacity of Reich Minister can send, as
representative, an expert on his staff. These experts are entitled to
make statements to the Reich Ministers on his behalf.”—Signed
by Hitler.
The Defendant Hess himself has some pertinent comment to make
regarding his right of participation on behalf of the Party. And I now offer
in evidence Document D-139, Exhibit USA-404. This is an original letter
signed by Rudolf Hess and is dated the 9th of October 1934, on the
stationery of the National Socialist Party; and it is addressed to the Reich
Minister for Enlightenment of the People and Propaganda. I now quote the
entire document:
“By a decree of the Führer dated 27 July 1934, I have been
granted the right to participate in the legislation of the Reich as
regards both formal laws and legal ordinances. This right must
not be rendered illusory by the fact that I am sent the drafts of
laws and decrees so late and am then given a time limit with the
result that it is impossible for me to deal with the material
concerned within the appointed time. I must point out that my
participation means taking into account the opinion of the
National Socialist Party as such and that, in the case of the
majority of drafts of laws and decrees, I consult with the
appropriate departments of the Party before making my comment.
Only by proceeding in this manner can I do justice to the wish of
the Führer as expressed in the decree of the Führer of 27 July
1934. I must therefore ask the Reich Ministers to arrange that
drafts of laws and decrees reach me in sufficient time. Failing
this, I should be obliged in the future to withhold my agreement
to such drafts, from the beginning and without giving the matter
detailed attention, in all cases where I am not given a sufficiently
long period for dealing with them. Heil.”—Signed Rudolf Hess.

A handwritten note appears attached to the letter. It reads, and I quote
from Page 2 of the translation:
“Berlin, 17 October 1934.
“1. The identical letter seems to have been addressed to all Reich
Ministers. In our special field the decree of 27 July 1934 has
hardly become applicable so far. A reply does not seem called for.
“2. File. By order”—signed—“R.”
The participating powers of Hess were later broadened. I now refer to
Document D-140, Exhibit USA-405; and it is a letter dated the 12th of April
1938 from Dr. Lammers to the Reich Ministers. I offer it in evidence and
quote from the English translation, Paragraph 3:
“Under the provisions of Paragraph 3 of the first decree
concerning reconstruction of the Reich, of February 2d, 1934
(Reichsgesetzblatt I, Page 81), the Führer’s Deputy will also
participate in the approval by Reich Ministers of laws and
legislative ordinances of Länder. Where the Reich Ministers have
already at an earlier date been engaged in the preparation of such
laws or legislative ordinances or have participated in such
preparation, the Führer’s Deputy likewise becomes participating
Reich Minister. Laws and legislative decrees of the Austrian State
are equally affected hereby.”—Signed—“Dr. Lammers.”
THE PRESIDENT: Colonel Storey, may I ask you what those three
documents are supposed to prove?
COL. STOREY: In the first place, Your Honor, the one I have just
referred to shows that they passed laws over conquered territory—that one
related to Austria. The one signed by Hess, just before, gives him almost
unlimited power as regards both formal and legal ordinances and over
administrative districts; and in addition, I think, Your Honor, the most
important point is that Hess says: You must send them to me long enough in
advance so that I may consult with the Party and the appropriate Party
members and get their reaction.
THE PRESIDENT: Is that relied upon as evidence of criminality, that
he took the trouble to find out what other ministers thought?
COL. STOREY: I think it is a part of the general conspiracy showing
the domination of Party and State by the Nazi Party and particularly the

Leadership Corps.
THE PRESIDENT: I thought I had already said that it appeared to us—
and I think I speak on behalf of all the Tribunal—that that matter had been
amply proved and that we wished you to turn to the question of criminality
of the Reich Cabinet.
COL. STOREY: May I assume, Your Honors, that we need to offer no
further proof that the Party itself had to do with the making of these laws as
suggested by the Defendant Hess? I thought it was incumbent upon us to
prove that the Party dominated this Cabinet, and particularly the Leadership
Corps.
THE PRESIDENT: You are dealing now with the Reich Cabinet, and I
think the Tribunal is satisfied that the Reich Cabinet had full powers to
make laws.
COL. STOREY: I think that we go a little step further and undertake to
show, if we have not already shown, that the way and manner in which they
did it—by consulting the Party—was criminal. Now, I have some other
laws to cite here in corroboration of that; but, if the Tribunal is satisfied, I
don’t see any use in citing them.
THE PRESIDENT: I don’t think the Tribunal would imagine that they
made laws without consulting somebody. Perhaps it would be a convenient
time to break off for 10 minutes.
[A recess was taken.]

COL. STOREY: If Your Honors please, when we adjourned we were
speaking of these laws that had been passed; and certainly I do not want to
offer any cumulative evidence or any that is not necessary. I therefore am
briefly referring to the laws which we propose to offer now.
The Party, as Your Honors will recall, had 25 fundamental points which
they had set out to achieve, as introduced in evidence yesterday. Those
points, Your Honors will recall, related to everything from the abrogation of
the Treaties of Versailles and St. Germain to the obtaining of greater living
space, and so forth.
Now, we propose to cite to Your Honors various decrees and laws
passed by this Cabinet carrying into effect what we contend were the
criminal purposes of the Party, and to show that the Reich Cabinet was
asked by the Party to give semblance of legality to their alleged criminal
purposes. That is the only reason we expect to chronicle or to mention the

laws that were passed in pursuance thereof. And I shall proceed, as Your
Honors suggest, by simply listing a group of the laws that seek to establish
the co-called 25 points of the Nazi Party. Perhaps, with Your Honors’
permission, I will just refer to a few of them as being indicative of the type
of laws that were passed to further their 25 points.
For example, in implementation of this point the Nazi Cabinet enacted,
among others, the following laws:
The law of February 3, 1938, concerning the obligation of German
citizens in foreign countries to register. That is cited in the
Reichsgesetzblatt.
The law of the 13th of March 1938, relating to the reunion of Austria
with Germany.
THE PRESIDENT: These were all passed by the Reich Cabinet, were
they?
COL. STOREY: Yes.
THE PRESIDENT: Well, aren’t you going to cite the laws?
COL. STOREY: Yes, but I was going to show them as illustrative; that
is the 1938 Reichsgesetzblatt, Part I, Page 237.
The law of November 21, 1938, for the reintegration of the German
Sudetenland with Germany, 1938 Reichsgesetzblatt, Part I, Page 1641.
The incorporation of Memelland into Germany, March 23, 1939, Part I,
Page 559, of the 1939 Reichsgesetzblatt.
With reference to Point 2 . . .
THE PRESIDENT: Would you give me the place where the 25 points
are set out? Have you got a reference to that?
COL. STOREY: Yes, Sir; it appears in Document 1708-PS, in
Document Book A.
THE PRESIDENT: Thank you.
COL. STOREY: And I believe we referred to it yesterday.
THE PRESIDENT: That is sufficient.
COL. STOREY: Yes, Sir.
Now, as an illustration, Point 2 of that Party platform—which, as Your
Honors will recall, demanded the cancellation of the Treaties of Versailles
and St. Germain—the following acts of the Cabinet in support of this part
of the program may be mentioned:
Proclamation of October 14, 1933 to the German people concerning
Germany’s withdrawal from the League of Nations and the Disarmament

Conference, 1933 Reichsgesetzblatt, Part I, Page 730.
Law of March 16, 1935 for the establishment of the Wehrmacht and
compulsory military service, 1935 Reichsgesetzblatt, Part I, Pages 369 to
375.
Now, with reference to Point 4 of the Party platform, which said:
“Only a member of the race can be a citizen. A member of the
race can only be one who is of German blood without
consideration of confession. Consequently, no Jew can be a
member of the race.”
That is Point 4.
Among other Cabinet laws, this point was implemented by the law of
July 14, 1933 for the recall of naturalization and deprivation of citizenship
of these people, 1933 Reichsgesetzblatt, Part I, Page 480.
The law of April 7, 1933, which said that persons of non-Aryan descent
could not practice law, 1933 Reichsgesetzblatt, Part I, Page 188.
The law of April 25, 1933, restricting the number of non-Aryans in
schools and higher institutions of learning, 1933 Reichsgesetzblatt, Part I,
Page 225.
The law of September 29, 1933, excluding persons of Jewish blood
from the peasantry, 1933 Reichsgesetzblatt, Part I, Page 685.
Another one, March 19, 1937, excluded Jews from the Reich Labor
Service, 1937 Reichsgesetzblatt, Part I, Page 325.
There is another one of July 6, 1938, prohibiting Jews from
participating in six different types of businesses, 1938 Reichsgesetzblatt,
Part I, Page 823.
Point 23 of that Party platform proclaimed, “We demand legislative
action against conscious political lies and their broadcasting through the
press. . . .”
To carry out this point I give a few of the Cabinet laws that were passed.
One of September 22, 1933, which established the Reich Culture Chamber,
1933 Reichsgesetzblatt, Part I, Page 661.
One concerning editors, of October 4, 1933, 1933 Reichsgesetzblatt,
Part I, Page 713.
Another one with reference to restrictions as to the use of the theater, on
May 15, 1934, 1934 Reichsgesetzblatt, Part I, Page 411.

Now, passing from those illustrative laws, the ordinary Cabinet in fact
enacted most of the legislation which set the stage for and put into
execution the Nazi conspiracy described under Count One of the
Indictment. Many of these laws have been referred to previously by the
Prosecution. All of the laws to which I shall refer or have referred were
enacted specifically in the name of the Cabinet. A typical introductory
paragraph reads, and I quote: “The Reich Cabinet has enacted the following
law which is hereby promulgated.” In other words, that shows it is a
Cabinet law.
THE PRESIDENT: That applies to all the ones you have just given us?
COL. STOREY: Yes, Sir. That is a typical heading.
In connection with the acquiring of control of Germany, under Count
One of the Indictment, I refer to some of the following laws.
Here is a law of the 14th of July 1933 against the establishment of new
parties. I believe I referred to that yesterday. That is 1933 Reichsgesetzblatt,
Part I, Page 479.
Another of 14 July 1933 provided for the confiscation of property of
Social Democrats and others, 1933 Reichsgesetzblatt, Part I, Page 479.
I have already referred to that law of 1 December 1933 which
consolidated the Party and the State, which is found in 1933
Reichsgesetzblatt, Part I, Page 1016. In the course of consolidating the
control of Germany these laws were enacted, and I give a few illustrations:
21 March 1933, creating special courts—that is in 1933 Reichsgesetzblatt,
Part I, Page 136; law of the 31st of March 1933 for the integration of all the
states into the Reich, 1933 Reichsgesetzblatt, Part I, Page 153.
THE PRESIDENT: Will you repeat that. Integration of what?
COL. STOREY: Integration of the states—that is the separate states into
the Greater Reich.
Here is one of 30 June 1933, eliminating non-Aryan civil servants or
civil servants married to non-Aryans, 1933 Reichsgesetzblatt, Part I, Page
433; then the law of the 24th of April 1934 creating the People’s Court,
1934 Reichsgesetzblatt, Part I, Page 341—and that was the same court Your
Honors saw functioning in one of the movies exhibited last week.
Here is the law of 1 August 1934, uniting the office of President and
Chancellor, 1934 Reichsgesetzblatt, Part I, Page 747.
I am not introducing all of them or referring to all of them.

Here is a law of the 18th of March 1938 that provides for the
submission of one list of candidates to the electorate of the entire Reich,
1938 Reichsgesetzblatt, Part I, Page 258.
Nazi extermination of political internal resistance in Germany through
the purge of their political opponents and through acts of terror, which are
set forth in Paragraph III(D) 3(b) of Count One, was facilitated or legalized
by the following Cabinet laws, translations being found in Document Book
F, which has previously been submitted. I will just refer to a few of these as
they are translated in that book.
Here is one of 14th of July 1933 that prohibits the establishment of new
parties and contains a penal clause. That is found in 1933 Reichsgesetzblatt,
Part I, Page 479. Here is one of 20th December 19 . . .
THE PRESIDENT: You have already given that one.
COL. STOREY: I believe so; yes, Sir.
Here is a law of the 3rd of July 1934 concerning measures for
emergency defense of the State, and which legalized their own purge. That
is in 1934 Reichsgesetzblatt, Part I, Page 529.
Here is a law of the 20th of December 1934 on treacherous acts against
the State and Party and for protection of the Party uniforms, 1934
Reichsgesetzblatt, Part I, Page 1269.
Here is one of the 24th of April 1934 that makes the creation of a new,
or continuance of existing, political Parties an act of treason, 1934
Reichsgesetzblatt, Part I, Page 341.
Here is one of the 28th of June 1935 that changes the Penal Code, 1935
Reichsgesetzblatt, Part I, Page 839.
Here is the final one I will mention: 16 September 1939, permitting
second prosecution of an acquitted person before a special court, the
members of which were named by Hitler, 1939 Reichsgesetzblatt, Part I,
Page 1841.
Now, next are some laws that related to the extermination of the Trade
Unions, which I have already cited, and they are in Document Book G. I
will not refer to them. Then the laws abolishing collective bargaining—I
have referred to those; I will pass them.
In fact, even the infamous Nuremberg Laws of September 15, 1935,
although technically passed by the Reichstag, were nevertheless worked out
by the Ministry of the Interior. This is verified by a work of Dr. Franz A.
Medicus, Ministerialdirigent, published in 1940. It is Document 2960-PS,

Exhibit USA-406. I would like to refer to the paragraphs at Page 62 of the
original publication, and translated in our Document 2960-PS. Beginning
the first paragraph:
“The work of the Reich Ministry of Interior forms the basis for
the three ‘Nuremberg Laws’ passed by a resolution of the
Reichstag on the occasion of the Reich Party Meeting of
Freedom.
“The ‘Reich Citizenship Law’ as well as the ‘Law for the
Protection of German Blood and German Honor’ opened
extensive tasks for the Ministry of the Interior not only in the
field . . . of administration. The same applies to the ‘Reich Flag
Law’ that gives the basis for the complete revision of the national
flags.”
A few decrees of the Council of Ministers which similarly supplied the
legal basis for the criminal acts and conduct of the conspirators, about
which the Tribunal has already heard and will hear more, relate to those of
August 5, 1940, which imposed a discriminatory tax on Polish workers in
Germany, and that is in 1940 Reichsgesetzblatt, Part I, Page 1077; also the
law of 4 December 1941, which imposed penal measures against the Jews
and the Poles in the eastern occupied countries, 1941 Reichsgesetzblatt, Part
I, Page 759. The last one was concerning the employment of Eastern
Workers, which I referred to this morning.
Almost immediately upon Hitler’s coming into power, the Cabinet
commenced to implement the Nazi conspiracy to wage aggressive war.
Three of the documents that establish this point have already been
introduced in evidence. They are EC-177, 2261-PS, and 2194-PS,
respectively. Document EC-177, which is Exhibit USA-390, is a long copy
of the minutes; and I beg the indulgence of the Tribunal for referring to it
again. It is EC-177 . . .
THE PRESIDENT: Is it in this book?
COL. STOREY: Yes, Sir, EC-177. Your Honors, I didn’t intend to quote
from that. I am simply referring to it as being the minutes of the second
session of the working committee of the delegates for Reich defense and
being signed by the Defendant Keitel.
Document 2261-PS consists of a letter dated the 24th of June 1935. That
transmits a copy of a secret, unpublished defense law of 21 May 1935 and

also a copy of a decision of the Reich Cabinet of the same date, in the
Council for Defense of the Reich. These have been previously introduced,
but they are illustrative laws passed by this Cabinet.
Document 2194-PS also transmits a copy of the secret, unpublished
Reich Defense Law, 4 September 1938.
I will skip down to the laws passed by the Reich Defense Council, on
Page 50, for the record.
The Reich Defense Council was a creation of the Cabinet. On 4 April
1933 it was decided to form that agency. The decision of the Cabinet
attached to Document 2261-PS, which is Exhibit USA-24, Page 4 of the
translation, Paragraph 1, proves that fact. The two secret laws contained in
Document 2261-PS, as well as 2194-PS, were passed by the Cabinet; nor
was this a case of one group setting up an entirely distinct group to do its
dirty work. The Cabinet put itself into the picture. This might have been a
difficult task to accomplish before the Nazis assumed power, but with the
Nazis in control, things could move swiftly; and I now refer again to
Document EC-177, but I will not undertake to quote from that, although the
quotation is set out here.
There is only one point in that connection which would not be
cumulative. It is Page 5 of the translation and Page 8 of the original of EC-
177, on the question of security and secrecy, that I think would be pertinent
to the criminal nature. I quote:
“The question has been brought up by the Reich Ministries. The
secrecy of all Reich defense work has to be maintained very
carefully. Communications with the outside, by messenger service
only, has been settled already with the Ministry of Posts, Ministry
of Finance, Prussian Ministry of the Interior, and the Reichswehr
Ministry. Main principle of security: no document must be lost,
since otherwise enemy propaganda would make use of it. Matters
communicated orally cannot be proved; they can be denied by us
in Geneva. Therefore the Reichswehr Ministry has worked out
security directives for the Reich Ministries and the Prussian
Ministry of the Interior.”
I will skip the next reference. I believe I will skip over to the affidavit of
Defendant Frick, on Page 60.
THE PRESIDENT: What is that?

COL. STOREY: It is, if Your Honor pleases, Document 2986-PS. It is
Exhibit USA-409. It is the original affidavit, signed by the Defendant Frick.
I believe Defendant Frick sums up pretty well how the work was carried on.
“I, Wilhelm Frick, being first duly sworn, depose and say:
“I was Plenipotentiary General for the Reich Administration from
the time when this office was created until 20 August 1943.
Heinrich Himmler was my deputy in this capacity. Before the
outbreak of the war my task as Plenipotentiary General for Reich
Administration was the preparation of organization in the event of
war, such as, for instance, the appointment of liaison men in the
different ministries who would keep in touch with me. As
Plenipotentiary General for Reich Administration I, together with
the Plenipotentiary General for Economy and the OKW, formed a
so-called ‘Three-Man College.’ We were also members of the
Reich Defense Council, which was to plan preparations and
decrees in case of war, which later were published by the
Ministerial Council for Defense of the Reich. Since, as soon as
the war had started, everything would have to be done speedily
and there would be no time for planning, such war measures and
decrees were prepared in advance. All one then had to do was to
pull out of the drawer the war orders that had been prepared.
Later on, after the outbreak of the war, these decrees were enacted
by the Ministerial Council for Defense of the Reich.”—Signed
and sworn to by Dr. Wilhelm Frick, on the 19th of November
1945.
To sum up this particular phase of the proof, the Cabinet by its own
decision and its own laws created a large war-planning body—the Reich
Defense Council—the members of which were taken from the Cabinet.
Within the Council they set up a small working committee, again composed
of Cabinet members and certain defense officials, a majority of whom were
appointed from the Cabinet members. And to streamline the action, they
placed all of its ministries—except Air, Propaganda, and Foreign Affairs—
into the groups headed respectively by the Plenipotentiaries for Economy
and Administration, and the OKW; and everything was organized in and for
the greatest of secrecy.
That is this Three-Man College.

Now, in conclusion, if Your Honor pleases, I would like at this time to
summarize briefly the proof concerning the Reichsregierung.
From 1933 to the end of the war, the Reichsregierung comprised the
dominant body of influence and leadership below Hitler in the Nazi
Government. The three subdivisions were included in the term
Reichsregierung in the Indictment: the ordinary Cabinet, the Secret Cabinet
Council, and the Council of Ministers for Defense of the Reich. Yet in
reality there existed only an artificial, illusory boundary between the three.
The predominant subdivision was, of course, the ordinary Cabinet,
which was commonly referred to as the Reichsregierung. In it were the
leading political and military figures in the Nazi Government. Seventeen of
the 22 defendants before this Tribunal were integral parts of the ordinary
Cabinet.
I should like now to name these defendants and to indicate the positions
they held in the Reichsregierung:
Martin Bormann, Leader of the Party Chancellery; Karl Dönitz,
Commander-in-Chief of the Navy; Hans Frank, Reich Minister without
Portfolio; Wilhelm Frick, Minister of the Interior, Plenipotentiary for Reich
Administration; Walter Funk, Minister of Economics, Plenipotentiary for
Economy; Hermann Göring, Minister for Air, Reich Forest Master; Rudolf
Hess, Deputy of the Führer; Wilhelm Keitel, Chief of the OKW; Constantin
H. K. von Neurath, Minister for Foreign Affairs, President of the Secret
Cabinet Council; Franz von Papen, Vice-Chancellor; Erich Raeder,
Commander-in-Chief of the Navy; Joachim von Ribbentrop, Minister for
Foreign Affairs; Alfred Rosenberg, Minister of the Occupied Eastern
Territories; Hjalmar Schacht, Acting Minister of Economics, Reich Minister
without Portfolio, President of the Reichsbank, Plenipotentiary for War
Economy; Baldur von Schirach, Reich Youth Leader; Arthur Seyss-Inquart,
Reich Minister without Portfolio; and finally, Albert Speer, Minister for
Armaments and War Production.
From the ordinary Cabinet there came not only the members of the
Secret Cabinet Council and the Council of Ministers for Defense of the
Reich, but also the members of the war planning group, the Nazi secret
Reich Defense Council. When it was deemed essential for the purposes of
the conspiracy to wage aggressive war, that power was concentrated in a
few individuals. Again these individuals were drawn from the ordinary
Cabinet. Thus the Plenipotentiaries for Economy and Administration were

also Ministers of the ordinary Cabinet, and they were also members of the
Reich Defense Council and Ministerial Council.
Under them were grouped practically all the ministers of the ordinary
Cabinet.
Where political considerations of foreign policy required that another
select group be chosen to act as advisors, the secret Cabinet was created and
populated with members of the ordinary Cabinet.
The Reichsregierung was dominated by the Nazi Party through the
control exercised over its legislation by the Deputy of the Führer, Hess, and
later by the Leader of the Party Chancellery, Bormann. Party control was
also effected through the individual membership of all members and the
union of various key Cabinet and Party positions in one man. As a result of
this fusion of the Party and State, an enormous concentration of political
power was gathered into the Cabinet.
The laws enacted by the Cabinet established the framework within
which the Nazi conspirators established their control of Germany, set forth
in Count One of the Indictment, by virtue of which they were enabled to
commit the crimes alleged in Counts One, Two, Three, and Four of the
Indictment. The Cabinet enacted harsh penal laws, discriminatory laws,
confiscatory laws, in violation of the principles of justice and humanity.
Decrees enacted by the Ministerial Council during the war clothed the
criminal acts of the Nazi conspirators with a semblance of legality. As an
instrument of the Party, the Cabinet effectively implemented the notorious
points of the Party program. Finally, the Cabinet, almost immediately upon
the coming into power of Hitler, became a war-planning group through its
establishment in 1933 of a Reich Defense Council and its active
participation in the schemes and plans for waging aggressive war.
It is therefore most respectfully submitted that, by virtue of all of the
foregoing, the Reichsregierung, as defined in Appendix D, Page 35, of the
Indictment, should be declared a criminal group within the meaning of
Article 9 of Section II of the Charter.
That concludes, if Your Honor pleases, this presentation, and the next
subject is the SA. It will take just about a couple of minutes to be ready for
that.
May it please the Tribunal, I passed up Document Book Y, which
contains the English translations of the documents relied upon in this
presentation.

The organization which I shall now present for your consideration is the
Sturmabteilung, the organization which the world remembers as the “Brown
Shirts” or “Storm Troops,” the gangsters of the early days of Nazi terrorism.
It came to be known in latter years as the SA, and I shall refer to it in that
manner in the course of my presentation.
The SA was the first of the organizations conceived and created by the
Nazis as the instrument and weapon to effectuate their evil objectives, and it
occupied a place of peculiar and significant importance in the scheme of the
conspirators. Unlike some of the other organizations, the functions of the
SA were not fixed or static. On the contrary, it was an agency adapted to
many designs and purposes, and its role in the conspiracy changed from
time to time—always corresponding with the progression of the conspiracy
through its various phases towards the final objective: abrogation of the
Versailles Treaty and acquisition of the territory of other peoples and
nations. If we might consider this conspiracy as a pattern, with its various
parts fitting together like the pieces of a jigsaw puzzle, we would find that
the piece representing the SA constituted a link in the pattern vitally
necessary to the presentation and development of the entire picture.
The SA participated in the conspiracy as a distinct and separate unit
having a legal character of its own. This is shown by Document 1725-PS,
which is tabbed in the document book, of which the Court will take judicial
notice. It is an ordinance passed in March 1935, Reichsgesetzblatt, Part I,
Page 502. It declares that the SA and certain other agencies were thereafter
to be considered “components” of the Nazi Party. This ordinance further
provided in Article 5—and it is on the second page of the English
translation, right after the word “Article 5”—I quote, “The affiliated
organizations can have their own corporate identity.”
Similarly the Organization Book of the Nazi Party characterizes the SA
as an “entity.” Document 3220-PS, which I now offer, is an excerpt from
the 1943 edition of the Organization Book, Page 358 of the original, and I
quote from the English translation. It is there declared:
“The Führer prescribes the law of conduct and commands its use.
The Chief of Staff represents the SA as a complete entity on the
mandate of the Führer.
I am sure the evidence will demonstrate and characterize the SA as an
entity and organization having a legal character of its own. This evidence

will show that, while the SA was composed of many individual members,
these members acted collectively and cohesively as a unit. They were
closely bound and associated together by many common factors, including:
uniform membership standards and disciplinary regulations; a common and
distinctive uniform; common aims and objectives; common activities,
duties, and responsibilities; and—probably the most important factor of all
—a fanatical adherence to the philosophies and ideologies conceived by the
Nazi conspirators.
This is partially demonstrated by Document Number 2354-PS, which
again is simply an excerpt from the Organization Book; and it is found on
Page 7 of the English translation. It provides that membership in the SA
was voluntary but that the SA man should withdraw if “he can no longer
agree with SA views or if he is not in a position to fulfill completely the
duties imposed upon him as a member of the SA.”
The SA man was well schooled in the philosophies, attitudes, and
activities which he was expected and required to adopt and reflect in his
daily life. Cohesion of thought and uniformity of action with respect to such
matters was in part obtained by the publication and distribution of a weekly
periodical entitled Der SA-Mann (The SA Man). This publication was
principally devoted to the creation and fostering of the various aspects of
Nazi ideology which constituted the doctrinal motives of many of the
conspirators.
May I digress from my text and say to the Tribunal that we have here on
the table all of these publications, beginning with the year 1934, up through
and including the year 1939. The official weekly newspaper entitled Der
SA-Mann, meaning The SA Man, published in Munich, had wide
distribution and was on sale at news stands and distributed throughout
Germany and occupied countries.
In addition, Der SA-Mann served to report upon and document the
activities of the SA as an organization and those of its constituent groups. I
shall have occasion at a later point to refer to certain portions of this
publication for the consideration of the Tribunal.
The general organizational arrangement or plan of the SA will be
demonstrated to the Tribunal by the documents which will subsequently
appear. At this point I may say simply that this proof will show that the SA
developed from scattered bands of street ruffians to a well-knit, cohesive
unit organized on a military basis with military training and military

functions and, above all, with an aggressive, militaristic, and warlike spirit
and philosophy. The organization extended throughout the entire Reich
territory and was organized vertically into local groups and divisions.
Horizontally, there were special units including military cavalry,
communications, engineer, and medical units. Your Honors will observe the
chart that I will introduce officially a little later on the wall. Co-ordination
of these various groups and branches was strictly maintained by the SA
headquarters and operational offices, and those offices were located in
Munich.
The relationship between the SA and the NSDAP is the next subject.
The case against the SA is a strong one and its basis or foundation
consists of its significant and peculiar relationship and affiliation with the
Nazi Party and the principal conspirators.
It is submitted that a relationship or association among the alleged
conspirators constitutes important and convincing evidence of their joint
participation in an established conspiracy; and this principle is particularly
applicable because the affiliation between the SA and the Nazi leaders was
closely maintained and adhered to and was adapted to the purpose of
enabling the conspirators to employ the SA for any use or activity which
might be necessary in the course of effectuating the objectives of the
conspiracy.
Thus we find that the SA was, in fact, conceived and created by Hitler
himself in the year 1921 at the very inception of the conspiracy. Hitler
retained direction of the SA throughout the period of the conspiracy,
delegating the responsibility for its leadership to a Chief of Staff. Hitler, in
fact, was often known throughout Germany as OSAF, or “Oberster SA
Führer,” or, translated, meaning the highest SA Führer.
The Defendant Göring was an early member of the SA and he
maintained a close affiliation with it throughout the course of the
conspiracy.
The Defendant Hess participated in many of the early battles of the SA
and was leader of an SA group in Munich.
The Defendants Frank, Streicher, Von Schirach, and Sauckel each held a
position of Obergruppenführer in the SA, a position corresponding to the
rank of Lieutenant General; and the Defendant Bormann was a member of
the staff of the SA High Command.

The close relationship between the SA and the leaders of the Nazi Party
is demonstrated by the fact that the Hoheitsträger of the Nazi Leadership
Corps were authorized to call upon the SA for assistance in carrying out
particular phases of the Party program. This was established yesterday by
Document 1893-PS, which, Your Honors will recall, I quoted from a
number of times in connection with the presentation of the Leadership
Corps. It was declared in that excerpt, Page 11 of the English translation, as
Your Honors will recall, that the Hoheitsträger were empowered to call
upon the SA for the execution of political missions connected with the
movement. This responsibility of the SA to the Party is also shown by
Document 2383-PS, which is an ordinance for the execution of the Hitler
decree, which I now offer in evidence as Exhibit USA-410. I quote from
Page 3 of the English translation. If Your Honors will turn to Page 3 of the
English translation, it is the fourth paragraph on Page 3:
“The affiliates of the NSDAP, with exception of the SS, for whom
special provisions apply, are subordinated to the Hoheitsträger
politically and for assignment to duty. Responsibility for the
leadership of the units rests in the hands of the unit leader.”
It was in accordance with such authority, as proved yesterday in the
Leadership Corps presentation, that the SA was used in the seizure of trade
union properties.
In addition the SA demonstrated its close affiliation to the Nazi Party by
participating in various ways in election proceedings. This is shown in
Document 2168-PS, which is a pamphlet entitled The SA, which is Exhibit
USA-411; and this pamphlet depicts the history and general activities of the
SA, written by an SA Sturmführer named Bayer upon orders from SA
headquarters. In that pamphlet, and I quote on Page 4 of the English
translation, down towards the bottom of the page, the last paragraph,
beginning on line 3:
“The labor and the struggle of the SA was not in vain. They stood
at the foremost front of election contests.”
Adolf Hitler himself, on the 2d of September 1930, took over the
leadership of the SA as the Supreme SA Führer. He himself guided his SA
in the fateful election fight of the year 1930.

Further evidence of the interest and participation of Nazi leaders in the
activities of the SA is to be found in these five bound volumes, which
consist of the issues of the SA newspaper, Der SA-Mann, from the year
1934 to 1939 inclusive; and I should like at this time to ask that each of
these bound volumes be marked for identification, because each of them
will be referred to from time to time during this presentation. They will
begin with Exhibit USA-414, 415, 416, 417, and 418 and they are referred
to by appropriate document numbers, which I will refer to when the quoted
portions come in the English translation.
Throughout these volumes there appear photographs portraying the
participation of Nazi leaders in SA activities. I should like at this time to
describe a few of the photographs, and I will indicate the page numbers
upon which they appear.
If Your Honors please, we set out a number of these pictures and a
number of photographs; but I should like, at this time, to exhibit to the
Tribunal and pass into evidence one of the photographs appearing in the
January 1937 issue. It is a photograph of Göring at the ceremonies held
upon the occasion of his being made Obergruppenführer of the
Feldherrnhalle Regiment of the SA on the 23rd of January 1937, and we
offer in evidence the photograph and the page of the newspaper. We will
pass it up to Your Honors if you would like to see it. We offer it in evidence.
Another photograph of Göring, leading the Feldherrnhalle Regiment of
the SA in parade on the 18th of September 1937, is shown at Page 3. The
other photograph was at Page 3 of the 1937 January edition of the SA-
Mann.
I call the attention of Your Honors to a few of the other photographs that
appear. There is a photograph of Hitler greeting Hühnlein, bearing the
caption, “The Führer greets Corps Führer Hühnlein at the opening of the
International Automobile Fair—1935.” That is dated the 23rd of March
1935, at Page 6.
Here is another photograph of Himmler and Hühnlein, who was the
Führer of the NSKK, and Lutze, who was Chief of Staff of the SA, bearing
the caption, “They lead the soldiers of National Socialism,” 15th of June
1935, Page 1.
Another photograph of Hitler at an SA ceremony, carrying the SA battle
flag; and the picture bears the caption, “As in the fighting years, the Führer,

on the Party Day of Freedom, dedicates the new regiments with the Blood
Banner,” 21 September 1935, Page 4.
I pass on. Here is a photograph of Göring in the SA uniform, reviewing
SA marching troops, under the caption, “Honor Day of the SA,” 21
September 1935, Page 3.
THE PRESIDENT: Colonel Storey, is there any doubt that Hitler and
Göring were members of the SA?
COL. STOREY: No, Sir; but the purpose in showing those photographs,
if Your Honors please, was to show the militaristic character of the SA. If
there is no question about that and it is cumulative, then I will pass on.
The work of the SA did not end with the seizure by the Nazis of the
German Government, but affiliation between the SA and the Nazi leaders
was continued after the acquisition by the Nazis of the control of the
German State. The importance of the SA in connection with the Nazi
Government and control of Germany is shown by the law of December 1,
1933. I have already referred to that, that is, the union of Party and State.
However, there is one paragraph that has not been quoted before, if Your
Honors please, and I would like to call Your Honors’ attention to it. It is our
Document 1395-PS, and it appears in the English translation on Page 1, and
I quote Article 2:
“The Führer’s Deputy and the Chief of Staff of the SA become
members of the Reich Government in order to insure close co-
operation of the offices of the Party and SA with the public
authorities.”
Similarly, in Document 2383-PS, which I referred to a moment ago—I
will simply refer to it—that is 2383-PS, Page 11, the last paragraph:
“The Party and State offices must support the SA in this training
program and value the certificate of award of the SA defense
medal accordingly.”
That the Nazis at all times possessed complete control of the SA is
shown by the so-called Röhm Purge of June 1934. Evidence concerning this
matter is to be found in the Völkischer Beobachter of 1 July 1934, at Page
1. I will not quote from that.
Röhm had been Chief of Staff of the SA for several years and was
responsible for the development of the SA into a powerful organization with

definite programs and objectives.
Members of the SA were required to take a personal oath of fidelity to
him. But when his policies conflicted with those of the Nazi leaders, he was
removed and murdered and replaced by Victor Lutze. This drastic action
was accomplished without revolt or dissension in the ranks of the SA and
with no change in the objectives or program of the organization. The SA
remained “a reliable and strong part of the National Socialist Movement”—
and I am quoting; this is Document 2407-PS, Exhibit USA-412, the English
translation of the Völkischer Beobachter. It is the last paragraph in the
English translation, just above the name “Adolf Hitler.” I will say for the
translators that the quotation is included in our text. If we might go on, I
quote:
“It is my wish that the SA be built up as a reliable and strong part
of the National Socialist movement, full of obedience and blind
discipline. They must help to create and form the new German
citizens.”
The importance of the SA in the Nazi plan for the utilization of the
people of Germany is shown in Hitler’s pronouncement, “The Course for
the German,” which appears in the issue of Der SA-Mann of the 5th of
September 1936, at Page 22. It is our Document 3050-PS, Exhibit Numbers
USA-414 and USA-418; and it is at Page 29 of the English translation—
Page 29 of Document 3050-PS, the paragraph in the middle of the page;
and I quote:
“. . . the young boy will enter the Jungvolk, and the adolescent
will enter the Hitler Youth; the young man of the Hitler Jugend
will go into the SA, the SS, and other units, and the SA and SS
men will one day enter into the labor service and from there the
Army, and the soldier of the Volk will return again into the
organization of the Movement, of the Party, into the SA and SS,
and never again will our Volk decay as it once had decayed.”
And so we see that at all times during the conspiracy the relationship
between the SA and the Nazi Party was such that the SA was constantly
available to the conspirators as an instrument to further their aims. The SA
was created by the conspirators at the inception of the Nazi movement. It
was at all times subject to the direction of Adolf Hitler. Seven of the

defendants held positions of leadership and responsibility in the
organization, and at all times the SA was subject to the call of the
Hoheitsträger. The SA stood at the forefront of the election fights; and co-
operation between the offices of the Party, of the SA, and of the State was
assured by law.
And so it was declared by Victor Lutze, the former Chief of Staff of the
SA, in a pamphlet entitled The Nature and Tasks of the SA; and it is our
Document Number 2471-PS. The original we offer in evidence as Exhibit
USA-413; and I quote from the top of Page 1 of the English translation,
2471-PS. I believe I will read that whole paragraph, the first paragraph on
the top of the page:
“Before touching the real subject matter, I must tell you first, in
order to clear up any uncertainty about my own position, that I
never speak primarily as a member of the SA, but as a National
Socialist, since the SA cannot be independent of the National
Socialist movement but can only exist as a part of it.”
I should next like to present to the Tribunal evidence which will
demonstrate the principal functions and activities performed by the SA
pursuant to the relationship which I have described above and in
furtherance of the objectives of the conspiracy. These activities may be
logically classified or divided into four distinct phases or aspects, each of
which, I might add, corresponds with a particular phase in the progression
of the conspiracy toward the objectives alleged in the Indictment.
The first phase consists of the use of the SA and its members as the
instrument for the dissemination of ideology and fanaticism of the Nazis
throughout Germany. The employment of the SA for this purpose continued
throughout the entire period of the conspiracy as will, I am sure, be
apparent from the evidence.
The second phase relates to the period prior to the Nazi seizure of
power. During this period the SA was a militant and aggressive group of
fighters or gangsters whose function was to combat, physically and
violently, all opponents of the Party.
The third phase relates to the period of several years following the Nazi
seizure of power. During this period the SA participated in various
measures designed to consolidate the control of the Nazis, including such
Nazi-inspired programs as the dissolution of the trade unions, the

persecution of the Church, and the Jewish persecutions to which I have
already alluded. During this period they continued to serve as a force of
political soldiers whose purpose was physically to combat members of
political parties which were considered hostile or opposed to the Nazi Party.
The fourth aspect of the SA activities consisted of its employment as an
agency for the building up of an armed force in Germany in violation of the
Treaty of Versailles and for the preparation of the youth of Germany—
mentally and physically—for the waging of an aggressive war.
I should now like to discuss what I consider the highlights of the
evidence relating to these four phases.
The first phase is in connection with the dissemination of ideology.
The first function of the SA consisted of its responsibility to disseminate
the doctrines and ideologies, acceptance of which was necessary for the
fulfilment of the Nazi objectives. From the very start the Nazi leaders
emphasized the importance of this mission. During the course of the
conspiracy the SA undertook many duties and responsibilities, but one
responsibility which remained constant throughout was that of being
propagandist of the National Socialist ideology.
I now refer, Your Honors, to the English translation of Document 2760-
PS, Exhibit USA-256, which is an excerpt from Mein Kampf, and it is
shown at Page 5 of the translation of the document. This is the third
paragraph on Page 5 of the document, quoting:

“As the directing idea for the inner training of the Sturmabteilung,
the intention was always dominant, aside from all physical
education, to teach it to be the unshakeably convinced defender of
the National Socialist idea. . . .”
I might add that Hitler’s pronouncement as to the function of the SA in
this respect became, in effect, the guiding principle of SA members, for
Mein Kampf was taken to express the basic philosophy of the SA.
In Document Number 2354-PS, which is an excerpt from the
Organization Book of the Party, on Page 1 of the English translation—it is
quoted in the text—I quote Paragraph 1:
“Education and training, according to the doctrines and aims of
the Führer as they are set down in Mein Kampf and in the Party
program, for all phases of our living and of our National Socialist
ideology. . . .”
This same document—the Organization Book of the Party—refers to
the SA’s function as the propagandist of the Party.
I believe the next one, if Your Honor pleases, would simply be
cumulative of what we have already referred to. I next refer to an article . . .
THE PRESIDENT: Perhaps this would be a convenient time to break
off.
COL. STOREY: All right, Sir.
[The Tribunal adjourned until 19 December 1945 at 1000 hours.]

TWENTY-THIRD DAY
Wednesday, 19 December 1945

Morning Session
DR. FRITZ SAUTER (Counsel for the Defendant Von Schirach): Mr.
President, yesterday a table depicting the construction of the Reich Cabinet,
one of the accused organizations, was shown on the screen here. On this
chart the Defendant Von Schirach was also listed under the heading, “Other
participants in the meetings of the Cabinet.” The Defendant Von Schirach
has explained to me and asked me to inform the Tribunal that he never took
part in any meeting of the Reich Cabinet, that he was never named a
member of the Reich Cabinet, and that he never had a part in any decision
of the Reich Cabinet.
THE PRESIDENT: The point that you are taking seems to the Tribunal
to be premature. This is not the stage at which you are to argue the question
whether your client is a member of the Reich Cabinet or not. The argument
upon the whole question will take place after the evidence and after the
Prosecution have had the opportunity of putting forward their arguments as
to the criminal nature of the Reich Cabinet. You or other counsel on behalf
of those concerned will be able to put forward your arguments. We do not
desire to hear arguments now about the criminal nature, but to hear the
evidence. Is that clear?
DR. SAUTER: Yes. I shall then return to this point during the
examination of witnesses, and prove that the Defendant Von Schirach was
never a member of the Reich Cabinet. Thank you.

COL. STOREY: If the Tribunal please, yesterday afternoon we had just
started on the participation of the SA in the first point—the dissemination of
ideology or propaganda. In an article which appeared in Der SA-Mann, at
Page 1 of the issue of January 1934, which is Document 3050-PS; and I
refer to Page 25 of the English translation, if Your Honor pleases, the
portion shown in red brackets—it is dated the 6th of January 1934:
“The new Germany would not have been without the SA man;
and the new Germany would not go on existing if the SA man
would now, with the feeling of having fulfilled his duty, quietly,
unselfishly, and modestly step aside, or if the new State would
send him home much like the Moor who has done his duty. On
the contrary, the SA man, following the will of the Führer, stands
as a guarantor of the National Socialist revolution before the gates
of power and will remain standing there at all times. For gigantic
missions still await fulfillment which would not be thinkable
without the presence and the active co-operation of the SA.
“What has been accomplished up till now, the taking over of the
power in the State and the ejection of those elements which are
responsible for the pernicious developments of the postwar years
as bearers of Marxism, liberalism, and Capitalism, are only the
preliminaries, the springboard, for the real aims of National
Socialism.
“Being conscious of the fact that the real National Socialist
construction work would be building in an empty space without
the seizure of power by Adolf Hitler, the Movement and the SA
man as the fighting bearer of its will, primarily have directed all
of their efforts thereupon, to achieve the platform of continued
striving and to obtain the foundation or the realization of our
desires. . . .
“Out of this comes the further mission of the SA for the
completion of the German revolution: First, to be the guarantor of
the power of the National Socialist State against all attacks from
without as well as from within; second, to be the high institute of
education of the people for the living National Socialism.”

The function of SA as the propagandist of the Party was more than a
responsibility which SA took unto itself. It was the responsibility
recognized by the law of Germany. From Document 1395-PS, which is the
copy of the law entitled, “Law on Securing the Unity of Party and State,”
which I have referred to before—and it was promulgated by the Reich
Cabinet in 1933—I desire to read Article 3, on Page 1 of the English
translation:
“The members of the National Socialist German Labor Party and
the SA, including their subordinate organizations, as the leading
and driving force of the National Socialist State, will bear greater
responsibility toward the Führer, people, and State. In case they
violate these duties they will be subject to special jurisdiction by
Party and SA. The Führer may extend these regulations in order
to include members of other organizations.”
Thus were the SA members the ideology bearers of the Nazi Party—the
soldiers of an idea—to use the expression employed by the Nazi writers.
And permit me to emphasize that the SA was the propagandist agency, the
principal agency employed by the conspirators to disseminate their
fanaticism among the people of Germany.
I need hardly point out the importance of this function to the successful
effectuation of the conspiracy, for it is self-evident that the Nazis could not
have carried their conspiracy to the stages which they did, had not the
minds of the people of Germany been cruelly and viciously influenced and
infected with their evil ideologies.
I now proceed to the other functions of the SA which I mentioned
previously. The next is its use in the early stages of the conspiracy as the
“strong-arm” of the NSDAP. In the early stages of the Nazi movement, the
employment of the SA as the propagandist instrument of the Party, involved
and was combined with the exercise of physical violence and brutality.
As said by Hitler in Mein Kampf—and this excerpt appears at Page 4 of
Document 2760-PS, Page 4 of the English translation, Exhibit Number
USA-256:
“The young Movement, from the first day, espoused the stand-
point that its idea must be put forward spiritually, but that the
defense of this spiritual platform must, if necessary, be secured by
strong-arm means.”

I will read the rest of that paragraph:
“Faithful to its belief in the enormous significance of the new
doctrine, it seems obvious to the Movement that for the
attainment of its goal no sacrifice can be too great.”
And so, in the early days of the Nazi movement, so that the Nazis might
better spread their fanatical philosophies, the SA was employed as a
terroristic group, in order to gain for the Nazis possession and control of the
streets. That is another way of saying that it was a function of the SA to beat
up and terrorize all political opponents. The importance of this function is
indicated in Document 2168-PS, Exhibit Number USA-411, which was
written by SA Sturmführer Bayer on orders from SA headquarters. I refer to
Page 3 of the English translation of Document 2168-PS, the third paragraph
from the bottom:
“Possession of the streets is the key to power in the State—for
this reason the SA marched and fought. The public would never
have received knowledge of the agitative speeches of the little
Reichstag faction and its propagandists or of the desires and aims
of the Party if the martial tread and battle song of the SA
companies had not beat the measures for the truth of a relentless
criticism of the state of affairs in the governmental system. They
wanted the young Movement to keep silent. Nothing was to be
read in the press about the labor of the National Socialists, not to
mention the basic aims of its platform. They simply did not want
to awaken any interest in it. However, the martial tread of the SA
took care that even the drowsiest citizens had to see at least the
existence of a fighting troop.”
The importance of the work of the SA in the early days of the
Movement was indicated by Goebbels in a speech which appeared in Das
Archiv, October 1935. This is our Document 3211-PS, Exhibit Number
USA-419. It is on the first page of the English translation:
“The inner-political opponents did not disappear due to
mysterious unknown reasons, but because the Movement
possessed a strong arm within its organization; and the strongest
arm of the movement is the SA. The Jewish question will not be

solved separately but by laws which we enact, for we are an anti-
Jewish government.”
Specific evidence of the activities of the SA during the early period of
the Nazi movement, from 1922 to 1931, is found in a series of articles
appearing in Der SA-Mann entitled, “SA Battle Experiences Which We Will
Never Forget.” Each of these articles is an account of a street or a meeting-
hall battle waged by the SA against a group of political opponents in the
early days of the Nazi struggle for power. These articles demonstrate that
during this period it was the function of the SA to employ physical violence
in order to destroy and subvert all forms of thought and expression which
might be considered hostile to the Nazi aims or philosophy.
A number of such articles have been translated, and the titles are
sufficiently descriptive to constitute evidence of the activities of the SA in
the early stages of the movement. I should like to quote from a few of these
titles by giving the page reference of this big newspaper volume.
Here is one of 24 February 1934, Page 4—the title: “We Subdue the
Red Terror.” From the 8th of September 1934, Page 12; the article is
entitled: “Nightly Street Battles on the Czech Border.” From 6th of October
1934, Page 5: “Street Battle in Chemnitz.” Another one of 20 October 1934,
Page 7—the title: “Victorious SA.” I will skip several of them. Here is one
of 26 January 1935, Page 7—the title: “The SA Conquers Rastenburg.”
Another on 23 February 1935, Page 5: “Company 88 Receives Its Baptism
of Fire.” One of 20 October 1934, Page 7—the article is: “SA against Sub-
humanity.” Finally, I mention the one of 10 August 1935, Page 10—the title
is: “The Blood Sunday of Berlin.” And then there is a portrait in the article
of 11 September 1937, Page 1, which symbolizes the SA man as the master
of the streets.
For an example of the nature of these articles, one appeared in the
Franken edition of the SA-Mann for 30 October 1937, Page 3. It is entitled:
“9 November 1923 in Nuremberg,” and I should like to quote from Pages
14 and 15 of Document 3050-PS, which is an English translation of this
article:
“We stayed overnight in the Colosseum (that means Nuremberg).
Then in the morning we found out what had happened in Munich.
‘Now a revolution will also be made in Nuremberg’, we said. All
of a sudden the police came from the Maxtor police station and

told us that we should go home, that the Putsch in Munich had
failed. We did not believe that and we did not go home. Then
came the State Police with fixed bayonets and drove us out of the
hall. One of us then shouted: ‘Let’s go to the Cafe Habsburg!’ By
the time we arrived, however, the police again had everything
surrounded. Some shouted then, ‘The Jewish place will be
stormed. . . . Out with the Jews!’ Then the police started to beat us
up. Then we divided into small groups and roamed through the
town, and wherever we caught a Red or a Jew we knew, blows
ensued.
“Then in the evening we marched, although the police had
forbidden it, to a meeting in Fürth. In the Hornschuch promenade
the police again attempted to stop us. It was all the same to us. In
the next moment we attacked the police in our anger so that they
were forced to flee. We marched on to Geissmann Hall. There
again they tried to stop us. But the Landsturm, which was also
there, attacked the policemen like persons possessed and drove
them from the streets. After the meeting we dissolved and went to
the edge of town. From there we marched in close column back to
Nuremberg. In Willstrasse, at the Plärrer, the police came again.
We simply shoved them aside. They did not trust themselves to
attack, for that would have meant a blood bath. We decided
beforehand not to take anything from anyone. In Fürth, too, they
had already noticed that we were up to no good. A large mass of
people accompanied us on the march. We marched with unrolled
flags and sang so that the streets resounded: Comrade reach me
your hand; we want to stand together; even though they have false
impressions, the spirit must not die; swastika on the steel helmet,
black-white-red armband; we are known as Storm Troop (SA)
Hitler!”
I now skip to the use of the SA to consolidate the power of the Party.
The third function of the SA was to carry out various programs designed to
consolidate Nazi control of the German State, including particularly the
dissolution of the trade unions and the Jewish persecutions.
The SA groups were employed to destroy political opposition by force
and brutality wherever necessary. An example of this is shown in Document

Number 3221-PS, Exhibit Number USA-422; and that is an original
affidavit made in the State of Pennsylvania, in the United States of America,
by William F. Sollman, which we now quote in its entirety:
“William F. Sollman, Pendle Hill School, Wallingford,
Pennsylvania, being duly sworn according to law, deposes and
says: From 1919 until 1933 I was a Social Democrat and a
member of the German Reichstag. Prior to March 11th, 1933, I
was editor-in-chief of a chain of daily newspapers with my office
in Cologne, Germany, which led the fight against the Nazi Party.
“On March 9th, 1933, members of the SS and SA came to my
home in Cologne and destroyed the furniture and my personal
records. At that time I was taken to the Brown House in Cologne,
where I was tortured, being beaten and kicked for several hours. I
was then taken to the regular government prison in Cologne,
where I was treated by two medical doctors and released the next
day. On March 11th, 1933, I left Germany. (Signed and sworn
to).”
Prior to the organization of the Gestapo on a national scale, local SA
meeting-places were designated as arrest points; and the SA members were
employed in the taking into custody of Communists and other persons who
were actually or supposedly hostile to the Nazi Party. This activity is
described in Document Number 1759-PS, Exhibit Number USA-420, which
is an original affidavit made by Raymond H. Geist. Mr. Geist was formerly
United States Consul in Berlin. He is now in Mexico City. I should like to
quote from a portion of his affidavit, the first being on Page 5 of the English
translation, about the middle of the page, starting:
“At the beginning of the Hitler regime, the only organization
which had meeting-places throughout the country was the SA
(Storm Trooper). Until the Gestapo could be organized on a
national scale, the thousands of local SA meeting-places became
the arrest points. There were at least 50 of these in Berlin.
Communists, Jews, and other known enemies of the Nazi Party
were taken to these points, and if they were enemies of sufficient
importance they were immediately transferred to the Gestapo
headquarters. During 1933 and 1934, when the Gestapo became

universally organized, the SA were gradually eliminated as
arresting agents, and the SS were incorporated as administrative
and executive officials into the Gestapo. By the end of 1934, the
SA had been fairly well eliminated and the SS, the members of
which wore elegant black suits and were therefore called Elite
Guards, became almost identical as functionaries with the
Gestapo.”
I now pass to Page 7 of this same document, Page 7 of the English
translation. It begins . . .
THE PRESIDENT: Colonel Storey, does that mean that the SA were
eliminated for the purpose of arrest or for other purposes too?
COL. STOREY: No, Sir. As I understand, Sir, the SA reached its height
of popularity in 1934 and immediately after the Röhm purge began to
decline. In the meantime, the SS, which originated out of the SA, was
growing and became really the strong part and grew and prospered after
that. So I think the evidence will show that after 1934 the SA started a rapid
decline in its importance.
Now, on Page 7 of the English translation I should like to quote a part of
the consul’s report, beginning in the middle of the page:
“Another American, Herman I. Roseman, made an affidavit
which stated:
“ ‘Yesterday, March 10th, 1933, in the afternoon about 4:30, I
came out of KDW with my fiancée, Fräulein Else Schwarzlose,
residing in Wilmersdorf (giving the address). A man in SA
uniform stepped on my toe purposely, obviously offended me and
said “Pardon.” I said “Bitte,” and walked ahead. He then followed
me and kicked me saying, “Na und?” A policeman saw this and
walked ahead, paying no attention to attacks made on me. Then I
took my passport out of my pocket, showed it to the second
policeman, and said that I was an American citizen, but he walked
ahead, obviously not able to afford me protection, or at least
being unwilling. The SA man continued to attack me, struck me
in the face, wounded me over the eye, and continued to do me
bodily harm. During this attack, all the time my walking along,
we reached another policeman, and I applied to him, showing my
passport and said, “I am an American and am entitled to

protection.” He shrugged his shoulders and said “What can I do?”
By this time the SA man had obviously inflicted enough attack
upon me and walked away.
“ ‘Upon my appeal, the policeman brought my fiancée and me to
the station house at 13 Bayreutherstrasse. My fiancée and I
reported to the officer in charge. He heard the story and said that
he was sorry, but that there was nothing to do. My face was
bleeding. The policeman said that he had orders not to interfere in
any affair in which an SA man took part. I then asked him what I
could do to protect myself. He said that there was nothing to do
but to wait until the situation was better. He added that the police
were absolutely powerless, and were under the direction of the
SA, and that there were SA Sturm Abteilungen in the police itself.
Thereupon I departed. . . .’ ”
Now on the next page, on Page 8, is another American, Mrs. Jean
Klauber, and I quote from her affidavit:
“Oh the night of Friday, March 10, 1933, she and her husband had
retired for the night when they were awakened by a prolonged
ringing of their apartment bell. They heard pounding upon the
street door and a demand for immediate entry and a concurrent
threat to break the door down. The street door was opened by the
janitor’s wife; and a party of four or five men entered and went at
once to the apartment of the deponent, where they again rang and
pounded on the door. Mr. Klauber asked who was there and was
answered, ‘The police.’ He opened the door and a party of four or
five men in brown uniforms, one wearing a dark overcoat and
carrying a rifle, pushed in, jostling Mr. and Mrs. Klauber aside.
One asked Mrs. Klauber where the telephone was and she
indicated the room where it was to be found and started to go
there. Thereupon, she was knocked down by one of them. They
went on to the bedroom where Mr. and Mrs. Klauber followed
them, and there they demanded their passports. Mr. Klauber went
to the wardrobe to get his and was stopped, being asked by the
intruders whether he was carrying any weapons. Being clothed
only in pajamas, his denial was accompanied by a gesture
indicating his garb. He then turned to the wardrobe, opened it,

and reached for one of his four suits hanging therein where he
thought the passport was, and was immediately attacked from
behind by all but one of the intruders, who beat him severely with
police clubs, the one with the overcoat and rifle standing by.
Remarks were shouted such as, ‘look! Four suits, while for 14
years we have been starving!’ Mrs. Klauber tried to inquire the
reason for their actions, and was answered, ‘Jews. We hate you.
For 14 years we have been waiting for this, and tonight we will
hang many of you.’
“When the intruders stopped beating Mr. Klauber he was
unconscious, and they again demanded the passports of Mrs.
Klauber. Mrs. Klauber found her American passport and her
German passport (required by local authorities as the wife of a
German citizen and issued by the police at Munich after her
arrival here); and the intruders took both in spite of Mrs.
Klauber’s protests that she was American. She then searched for
her husband’s passport, laid hold of his pocketbook, and in her
excitement offered it to them. Though full of money they refused
it, and again demanded the passport. Mrs. Klauber then found it
and handed it over.
“Then the intruders returned to the unconscious Mr. Klauber,
saying, ‘He hasn’t had enough yet,’ and beat him further. Then
they left, saying, ‘We are not yet finished,’ and just as they
departed, one of them said to Mrs. Klauber, ‘Why did you marry
a Jew? I hate them,’ and struck her on the jaw with his police
club. . . .”
That is the end of the affidavit.
Now continuing, the next paragraph is the statement of the U.S. Consul:
“I personally can verify that the police had been instructed not to
interfere; and that is, that there was official sanction for these
activities. Affidavits taken from numerous victims attest this fact.
I had become acquainted with the two police officers stationed at
the corner of Bellevuestrasse and Tiergartenstrasse near where the
Consulate General was located; these officers told me that they

and all the other police officers had received definite instructions
not to interfere with the SA, the SS, or the Hitler Youth.”
In addition, SA members served as guards at concentration camps
during this consolidating period and participated in the persecution and
mistreatment of persons imprisoned therein. I now refer to Document 2824-
PS, which is a book entitled, Concentration Camp at Oranienburg. It is
Exhibit Number USA-423. This was by an SA-Sturmbannführer named
Schäfer, who was the commander of the concentration camp at
Oranienburg. I quote the excerpt on the first page of the English translation,
reading:
“The most trusted SA men of long service were selected in order
to give them homes in the camp, since they were the permanent
camp guards, and in such a manner we created a cadre of
experienced guardsmen who were constantly prepared to be
employed.”
Further evidence concerning the operation of the concentration camps
by the SA is found in Document 787-PS, Exhibit Number USA-421. This is
a report to Hitler from the public prosecutor of Dresden concerning the
nolle-prossing of one Vogel, who was accused of mistreatment of persons
imprisoned in the concentration camp. I quote from that report:
“On 14 March 1935 the prosecuting authority in Dresden has
indicted . . . Oberregierungsrat Erich Vogel in Dresden on account
of inflicting bodily injury while in office. The following subject
matter is the basis of the process:
“Vogel belongs to the Gestapo office of the state of Saxony since
its foundation and is chief of Main Section II, which formerly
bore the title ZUB (central section for combatting subversive
movements). In the process of combatting efforts inimical to the
State, Vogel carried out several so-called ‘borderland actions’ in
the year 1933 in which a large number of politically unreliable
persons and persons who had become political prisoners in the
border territories were taken into protective custody and brought
to the Hohnstein protective custody camp. In the camp unusually
severe ill-treatment of the prisoners has been going on at least
since the summer of 1933. The prisoners were not only, as in the

protective custody camp Bredow near Stettin, beaten into a state
of unconsciousness for no reasons with whips and other tools, but
were also tortured in other ways, as for instance with a drip-
apparatus, especially constructed for the purpose, under which the
prisoners had to stand so long that they came away with serious
purulent wounds on the scalp. The guilty SA leaders and SA men
were sentenced to punishments of 6 years to 9 months of
imprisonment by the main criminal court of the provincial court
in Dresden on 15 May 1935 . . . Vogel, whose duties frequently
brought him to the camp, took part in this mistreatment, insofar as
it happened in the reception room of the camp during completion
of the reception formalities and in the supply room, during issuing
of the blankets. In this respect it should be pointed out that Vogel
was generally known to the personnel of the camp—exactly
because of his function as head of the ZUB—and his conduct
became at least partly a standard for the above-named conduct of
the SA leaders and men.”
I want to read the remainder of that quotation. I am sorry, I don’t have it
here. That is a little portion there that should be read immediately following
my statement, and then I started—I will skip to the quotation just below
there:
“Vogel stayed in the reception room a long time and watched
these proceedings without doing anything about them. In his
presence for instance, the SA man Mutze dealt such blows to one
man, without provocation, that he turned around on himself. As
already stated, Vogel not only took no steps against this treatment
of the prisoners, but he even made jokes about it and stated that it
amused him the way things were popping here.
“In the supply room, Vogel himself took a hand in the beating
amid the general severe mistreatment. The SA men there
employed whips and other articles and beat the prisoners in such a
manner that serious injuries were produced, the prisoners became
partly unconscious and had to lie in the hospital a long time.
Vogel was often present in the supply room during the
mistreatment. At least in the following cases he personally
participated actively in these mistreatments.”

And then skipping down:
“. . . the prisoner was laid across the counter in the usual manner,
held fast by the head and arms, and then beaten for a considerable
time by the SA men with whips and other articles. Along with
these, Vogel himself took part in the beating for a time, and after
this mistreatment slapped him again, so that the prisoner appeared
green and blue in the face. The prisoner is the tinsmith Hans
Kühitz, who bore the nickname ‘Johnny.’ Upon his departure,
Vogel gave the head of the supply room, Truppführer Meier from
5 to 6 Reichsmark with the stated reason that the SA men ‘had
sweated so.’ The money was then distributed by Meier to those
SA comrades who had taken part in the mistreatment.”
Another activity of the SA during the days just following the Nazi
seizure of power was to act as auxiliary police. This is shown in Document
3252-PS, Exhibit Number USA-424. This publication is a book written
about Hermann Göring.
THE PRESIDENT: Colonel Storey, is that a document which shows on
its face that the man was punished for this conduct?
COL. STOREY: I think it does; yes, Sir. I think it does.
THE PRESIDENT: I think that fact ought to be stated.
COL. STOREY: I believe it is stated, Sir. You see in the beginning it
says that the prosecuting authority in Dresden had indicted Vogel on
account of bodily injury, and I thought it stated that he had been punished.
THE PRESIDENT: The document does appear to state it, but I think
you ought to state it in court. The document ends up with—Paragraph 3.
COL. STOREY: It does state that he was punished. The purpose of
introducing it was to show what actually took place.
I now turn to Document 3252-PS. As I have just mentioned, the book is
entitled, Hermann Göring, the Man and His Work by Erich Gritzbach, in
which it is declared that the ranks of the Security Police were strengthened
by the SA and which was characterized as the most reliable instrument of
the Movement. I should like to quote on the first page of Document 3252-
PS, the English translation—it is the fourth paragraph:
“The present reorganization of the Protection Police is hardly
noticed by the public. Its ranks are strengthened by the SA, the
most reliable instrument of the Movement. The auxiliary police

has given effective aid by its fighting spirit in the struggle against
the Communists and other enemies of the State, not only to
Göring but has, driven by its National Socialist desire for a new
spirit within the executive police, assisted in the rigid
organization.”
I now skip to the SA participation in the Jewish pogrom of 10-11
November 1938 shown by Document 1721-PS, Exhibit Number USA-425.
This is a confidential report of the SA-Brigadeführer to his group
commander, dated 29 November 1938. In the English translation, starting at
the beginning without reading the addresses, it is to SA Group Electoral
Palatinate (Kurpfalz) Mannheim:
“The following order reached me at 3 o’clock on 10 November
1938.
“On the order of the Gruppenführer, all Jewish synagogues within
the 50th Brigade are to be blown up or set on fire immediately.
“Neighboring houses occupied by Aryans are not to be damaged.
The action is to be carried out in civilian clothes. Rioting and
plundering are to be prevented. Report of execution of orders to
reach the brigade Führer or office by 8:30.
“I immediately alerted the Standartenführer and gave them the
most exact instructions; the execution of the order began at once.
I hereby report that the following were destroyed in the area
of. . . .”
Then there follows a list of 35 synagogues that were destroyed. I just refer
to a few of them:
“1) The synagogue at Darmstadt, Bleichstrasse, destroyed by
fire. . . . 4) The synagogue at Gräfenhausen, interior and
furnishings wrecked.”—And then under “Standarte 145”—“The
synagogue at Bensheim, destroyed by fire.”
And then the next four items are synagogues destroyed by fire. In Standarte
168 eight synagogues are shown to have been destroyed by fire. In
Standarte 86 the synagogue in Beerfelden was blown up; and then follow
several others where the furnishings were wrecked. In Standarte 221 the
synagogue and chapel in Gross-Gerau was destroyed by fire, and the next

one torn down and the furnishings destroyed. And then it is signed by the
Führer of Brigade 50, by the signature which is illegible, “Brigadeführer.”
In connection with the persecution of the Jews, we again find the SA
performing its function of propaganda agency for the Nazis. In this
connection it was the function of the SA to create and foster among the
people an anti-Jewish spirit and sentiment without which the terrifying
Crimes against Humanity perpetrated against the Jewish race certainly
would not have been tolerated by any civilized peoples. Substantial and
convincing evidence of this function is to be found in these bound volumes
of Der SA-Mann. Throughout the period covered by these volumes, there
appeared in this publication article after article consisting of the most cruel
and vicious sort of anti-religious propaganda designed to engender and
foster hatred and hostility toward the Jewish race.
I will simply refer to a few of the titles appearing. On 27 July 1935, at
Page 4, the title is “Finish up with the Jew.” That is shown, if Your Honor
pleases, in Document 3050-PS, Pages 16 to 18 there listed. In the issue of 2
February 1935, Page 5, “The Jewish World Danger”; on 20 July 1935, Page
4, “Jewish Worries”; on 1 June 1935, Page 1, “Jews Are Not Wanted Here.”
And then follows a statement:
“Then, also, outside of the last German village the sign will stand,
‘Jews Are Not Wanted Here’; and then, finally, no German citizen
will again cross the threshold of a Jewish store. To achieve this
goal is, among others, the mission of the SA man as the political
soldier of the Führer. Next to his word and his explanations shall
stand his example.”
Then further on, 17 August 1935, Page 1, “God Save the Jews.” Then
another, of 5 October 1935, Page 6, the title “The Face of the Jew” (with a
portrait of a Jew holding the hammer and sickle).
I will just refer to one or two more of them. Here is one on 23
November 1935, Page 2, the title, “The Camouflaged Benjamin—Jewish
Cultural Bolshevism in German Music.” Here is one of 2 January 1937,
Page 6—a hideous-looking picture—the title being “Romania to the Jews?”
I give the final quotation, the last one, 3 February 1939, Page 14, the title
being “Friends of World Jewry: Roosevelt and Ickes.”
The impressive thing about all these articles is the fact that it was not
intended that the philosophies expressed in them should be confined to

members of the SA; on the contrary, the plan was to educate the members
of the SA with this iniquitous philosophy, and for the SA in turn to be
employed for its dissemination into the minds of the German people. This
fact is demonstrated in the introduction to a series of anti-Jewish articles in
the paper of 5 December 1936, at Page 6. I will just read the title. It is found
on Page 28 of the same document and the title is as follows: “Gravediggers
of World Culture.” Also on that same Page, 28, I quote this statement:
“We suggest that the comrades especially take notice of this series
of articles and see that they are further circulated.”
In addition, intensive campaigns were conducted to persuade the public
to purchase and read Der SA-Mann and the various issues were posted in
public places so that the general public might read them. Der SA-Mann
itself contained several photographs which show particular issues posted
upon street bulletin boards; and there are several photographs showing
advertising displays, one of which, for example, reads as follows—this is in
the issue of 31 October 1936: “Der SA-Mann belongs in every house, every
hotel, every inn, every waiting room, and every store.” Also in the issue of
24 August 1935, at Page 3, there was a group picture of SA men on trucks
and in front of the trucks were large signs, one of which read, “Read Der
Stürmer and you will know the Jew.” On the same page of the publication I
mentioned there is a photograph of what appears to be a public rally, at
which there is displayed a large poster reading, “He who knows the Jew,
knows the devil!”
THE PRESIDENT: Colonel Storey, the Tribunal expressed their view
yesterday that they did not desire to hear cumulative evidence. Isn’t this
rather cumulative?
COL. STOREY: I agree with Your Honor that possibly it is. I am trying
to draw the line on it. I will omit the rest of them.
Now we will pass to the final phase of the function of the SA in the
conspiracy.
THE PRESIDENT: Perhaps we had better adjourn now for 10 minutes.
[A recess was taken.]

COL. STOREY: If Your Honor pleases, I have just started into the
function of the SA in the conspiracy, that of its participation in the program
for preparation for warfare.

In this connection, Your Honors asked this morning a question about the
arresting and police activities of the SA, and I mentioned that they had
declined after 1934. For fear there was some misapprehension, I would like
to state that as a police organization and as an arresting agency they
declined steadily after 1934.
We go now into the phase where they went into military preparations,
the next phase; and that is the phase with which I deal now. If Your Honor
pleases, I have here all official government publication issued by the British
Government in 1943, the title being, The Nazi Party and Organizations; and
I should like to quote as to the organization and membership of the SA from
that publication. It is the most authoritative that I have been able to find,
and I would like to quote briefly from it:
“The SA was founded in 1921 as a para-military organization to
protect Nazi meetings and leaders, to throw out interrupters and
hecklers, to fight political enemies, and to provide pre-military
training at a time when the legal ‘Reichswehr’ was limited to
100,000 men. Their highest leader is Hitler himself; his deputy is
called the Stabschef (Chief of Staff) of the SA; from 1930 till
June 1934 it was Röhm; from then onwards till his death in May
1943, Victor Lutze; since August 1943, Wilhelm Schepmann. In
January 1933 the SA had only 300,000 members. After the
seizure of power, its strength increased quickly; at present it has a
membership of 1,500,000 to 2,000,000.” (JN-4)
Now, the date of this is 1943. We again find the SA employed to inculcate a
particular Nazi ideology into the minds of the people of Germany. At this
point it was the function of the SA to prepare Germany mentally for the
waging of a vicious and aggressive war.
At all times, and especially during the period from 1933 to 1939, SA
leaders emphasized to SA members the duty and responsibility of creating
and fostering a militaristic spirit throughout Germany. In 1933 Hitler
established the so-called SA sports program; and at that time, according to
Sturmführer Bayer, in his pamphlet which I have previously introduced in
evidence as 2168-PS—on Page 6 of the English translation—it is just one
sentence, and I quote:
“. . . commissioned to increase and to preserve the warlike power
and the fighting spirit as the expression of the soldier-like attitude

of a people.”
In 1937 Hitler renewed the so-called sports program and, as recited in
Document 3050-PS, which is the English translation of these newspaper
articles, on Page 12, he made a statement “for the fostering of a military
spirit.”
The Organization Book of the Party is to the same effect, in Document
3220-PS, which is Exhibit Number USA-323. I quote from a portion of that
document—Paragraphs 1 to 3 on Page 1 of the English translation,
beginning at the first paragraph:
“While the political organization of the NSDAP has to carry out
the political leadership, the SA is the training and education
instrument of the Party for the realization of an ideologically
soldier-like attitude.
“In conformity with the directives of the Führer given at the
Reich Party meeting of freedom, the SA is, as the voluntary
political soldiery, the guarantor of the National Socialist
movement, of the National Socialist revolution, and of the
resurgence of the German people.
“Consequently, the young German in the SA is being inculcated
in the first instance from the standpoint of ideology and character,
and trained as the bearer of the National Socialist ideas.
“Equally significant is a suitable education and training which the
SA members have accomplished within the yearly classes which
have completed their military service. This prevails until the age
they and all their spiritual, mental, and physical powers are ready
for use in maintaining the Movement, the people, and the State.
They should find their best home in the SA. All that which could
divide them economically, culturally, professionally, or because of
origin is being overcome in the SA by the spirit of comradeship
and manly dignity.
“In that manner the SA is developing a decisive factor on the path
to a popular community. Its spirit should radiate with soldierly
tradition and the possibility of application on all existing units
outside of the movement. Their guardianship is thus an important
mission of the SA.”

A number of articles which were obviously designed to serve as war
propaganda material have been translated, in other cases only the titles, the
titles themselves being so comprehensive that they disclose the nature and
substance of the articles. I should like to refer to a few of these titles on this
subject. They are shown on the English translation of 3050-PS and they are
listed on Page 1.
On the question of the Nazi Lebensraum philosophy: The issue of 5
January 1935, Page 13, the article “The German Living Space”; the issue of
10 October 1936, Page 15, “Our Right, Our Colonies”; another, of 14
October 1938, Page 3, the title “Space and Folk”; “Colonies for Germany,”
2 January 1937, Page 4. I should like to quote briefly from that article. I
believe that it is on Page 2 of the English translation, 3050-PS:
“The German Ambassador in London, Herr Von Ribbentrop
recently, on occasion of a reception in the Anglo-German
Fellowship . . . has renewed, in a speech which dealt with all
problems from a high level, the indubitable claim of Germany for
the restitution of its colonies which had been snatched away.
“Shortly thereafter the Reich Bank president and Reich Minister
of Economics, Dr. Schacht, published in the English magazine,
Foreign Affairs, a detailed article on the German colonial
problem.”
That is on Page 2, I believe, of the English translation.
“For the rest Dr. Schacht laid out the categorical demand that
Germany must, in order to solve the problem of its raw materials,
get colonies which must be administered by Germany and in
which the German standard currency must be in circulation.”
Now, the next group are articles dealing with the Versailles Treaty, and I
will quote only from a few of them on Page 3 of that same translation. Here
is one of 7 April 1934, Page 14, “What is the Situation Regarding Our
Battle for Equal Rights?”. Another is entitled, “The Dictate of Versailles,”
30 June 1934, Page 15. The article reads in part:
“The dictate of Versailles established the political, economical,
and financial destruction of Germany in 440 artfully—one could
also say devilishly—devised paragraphs; this work of ignominy is
a sample of endless and partly contradictory repetitions in

constantly new forms. Not too many have occupied themselves
with this thick book to a great extent, for one could only do it
with abomination.”
Another title is 7 July 1934, Page 15, “The Unbearable Limitations on
our Fleet.” Another one: 19 January 1935, Page 13, “Versailles after 15
Years.” This article reads in part:
“This terrible word ‘Versailles’, since a blind nation ratified it,
has become a word of profanity for all those who are infatuated
with the spirit of this enormous production of hatred. The
Versailles dictate is German fate in the fullest sense of the word.
Every German bore up under the operation of this fate during the
past 15 years. Therefore, every last German must also grasp the
contents of this dictate so that one single desire of its absolute
destruction fills the whole German Volk.”
I shall omit the other quotation. The last one I shall refer to is February
1937, quoting “Versailles Will Be Liquidated”; and that, if Your Honor
pleases, is the last paragraph on Page 4 of the English translation:
“The National Socialist movement has again achieved a victory,
for upon its flag since the beginning of the fight stands: The
liquidation of the Versailles Treaty. For this fight the SA marched
year after year.”
A third group of articles describing preparations for war, purportedly
being carried on by other nations, are found on Page 5 of that same
document, and I shall refer to just a few of them:
The issue of January 26, 1935, Page 14, “Military Training of English
Youth,” showing pictures of Eton students wearing the traditional Eton
dress—tall hats and frock coats—marching with rifles; another one is “The
Army of the Soviet Union,” dated 16 March 1935, Page 14; another one, 4
April 1936, Page 13, “The Red Danger in the East”; another one, 29 August
1936, Page 10, “Russia Prepared for World War”; another one, 19 June
1937, Page 7, “Red Terrorism Nailed Down.”
I shall pass the rest of them.
Now, the next is the SA participation in the aggressive war phase of the
conspiracy—the preparation by SA of the youth of Germany for
participation in aggressive warfare. I hardly think I need emphasize that one

of the most important steps in carrying out the conspiracy was the training
of the youth of Germany in the technique of war and their preparation
physically and spiritually for the waging of aggressive war. To the SA was
delegated this most important responsibility. I have here Document Number
3215-PS, Exhibit Number USA-426, which I offer in evidence; and it is an
excerpt from Das Archiv and contains Hitler’s characterization of the task
of the SA in this respect. It is on Page 1 of the English translation of 3215-
PS. I start the reading where it says:
“Already in 1920 by the founding of the National Socialist Sports
Section (SA) the Führer established the extensive mission of this
SA at that time by declaring in the protocol of its charter. . . . ‘The
Sports Section (SA) shall one day be the bearer of the military
thought of a free people.’ ”
In the same sense the Führer said in his book, Mein Kampf:
“Give the German nation 6 million bodies perfectly trained in
sport, all fanatically inspired with the love of the fatherland and
trained to the highest offensive spirit, and a national state will, if
necessary, have created an army out of them in less than 2
years. . . .”
The military character of the SA is demonstrated by its organizational
composition. I refer to the chart on the wall, which is our Document
Number 2168-PS. It is taken from this book, being the pamphlet of the SA
Sturmführer; and the chart is taken from the official book. I simply refer to
the chart and call to the attention of Your Honor that it was organized into
units closely corresponding to those of the German Army. As the Tribunal
will see, the organizational scheme consisted of divisions; at the top in that
pyramidal structure the division, next the brigade, the regiment, the
battalion, the company, the platoon, and the squad.
In addition, there were special units and branches, over to the right as
Your Honor will notice, including cavalry, signal corps, engineer corps, and
medical corps. There were also, as Bayer pointed out in his pamphlet, three
officer training schools. Similarly, SA members wore distinctive uniforms
adapted to military functions, bore arms, and engaged in training, forced
marches, and other military exercises.

SA members, moreover, were governed by general regulations which
closely resembled service regulations of an armed force. They are contained
in Document Number 2820-PS, Exhibit Number USA-427, which I offer in
evidence. If Your Honor pleases, they are found at Page 3 of the translation.
I will simply refer to a few of them. These regulations provide for
punishment, designating them as penal regulations, for disobedience of
orders and infractions of regulations. The punishments which are provided
demonstrate the militaristic character of the SA and include the following:
Reprimand in private; reprimand in presence of superiors and
announcement thereof at formations; prohibition of the right to wear service
uniform; house arrest, et cetera.
Preparation for war through the SA training program was commenced in
Germany as early as 1933, but the scope of this program was not made
public because of the fact that it actually constituted a violation of the
Treaty of Versailles. The strict secrecy with which the program was
surrounded is shown in Document D-44, Exhibit Number USA-428, which
I offer in evidence.
On Page 1 of the English translation—this is from the Supreme
Command of the SA, Chief of Staff—and it has to do with publications on
the SA:
“Further to my instruction Z II 1351/33 dated 11 July 33, I find
cause to ask all SA authorities to exercise the greatest caution
with regard to any publicity given to the SA service not only in
the press but also in the information and news sheets of the
individual SA units.
“Only during the last few days the Reich Ministry of the Interior
at the request of the Foreign Office has given strict instructions to
all Reich authorities according to which the most severe control is
to be exercised on all publications which might give other
countries an occasion to construe German infringements of the
terms of the Versailles Treaty.
“As is known from the Geneva negotiations, our opponents have
piled up material, collected in Germany and submitted to them,
which they use against us on every occasion during the
conferences.

“From this point of view, the information sheets circulating
among the subordinate SA units cause the liveliest concern. I hold
all higher SA leaders responsible that any such internal
information sheets appearing in the district of their command are
submitted to the most stringent control before they go into print;
and I feel compelled to draw attention to the liability to
prosecution for treason, as pronounced in official instructions
issued in the last few days, in cases where such reports, printed no
doubt in good faith, are published and therefore exposed to the
danger of falling into the wrong hands.
“On principle, pictures of the special technical units of the SA and
SS, in particular of the motorized, signal, and possibly also of the
air squads which now exist outside these formations, are
forbidden, such pictures enabling other countries to prove the
alleged formation of technical troop units.”
Similarly, secrecy was provided for in the order assigning a Wehrmacht
officer to the SA in January 1934 to assist in the SA training program. This
Document, 2823-PS, Exhibit Number USA-429, which is a copy of a
memorandum of SA headquarters dated January 1934, designates an officer
of the Wehrmacht to assist in the military training of SA members, and it
goes on to provide—and I quote from Paragraph 7 of the English
translation:
“For the purpose of camouflage, Lieutenant Colonel Auleb will
wear SA uniform with the insignia of rank according to more
detailed regulations of the Supreme SA leader.”
The military training program of the SA was for many years conducted
under the guise of a sports program. This plan was created by Hitler as early
as 1920 by the founding of what he called the sports program. The fact that
the so-called sports program was in reality closely associated with, and in
fact a means of providing, military training for the German youth is shown
by the following characterization of the program by Lutze, the Chief of
Staff of the SA, in an article written in 1939. I now refer to Document
3215-PS, Exhibit Number USA-426; and I quote excerpts of the English
translation on Page 2:

“The decrees issued by the Führer to the SA in 1935 about the
renewal, in 1936 regarding the bestowal of the diploma and in
1937 about the repetition of the yearly exercises of the SA sport
badge, all served this goal. Parallel to this decree of the Führer for
physical strengthening and military indoctrination, adequate
measures were taken within the SA, regarding organization and
drilling. Out of the idea that the preservation and the advancement
of the military power of our people must be specially fostered by
military and physical exercises, resulted a particular and
systematic training in these fields.
“In 25 troop schools and in three Reichsführer schools of the SA
22,000 to 25,000 officers and noncommissioned officers were
trained yearly since 1934 in special educational courses until they
possessed the education and examination certificates. In clearly
outlined training directives, the training goals which had to be
achieved yearly were given and at the same time the yearly Reich
competitive contests were established. Hand in hand the training
of the Führer Corps and the corresponding organizational
measures and the training at the front proceeded on the broadest
basis.”
In connection with the military training of the sports program, I refer to
Document 2354-PS, Exhibit Number USA-430, which demonstrates the
tests and standards required for obtaining the sports award—Page 2 of the
English translation. I am not going to read all of it, if Your Honor pleases,
but just refer to a few of them:
“Group II: Military sports; 25-kilometer march with pack; firing
of small-caliber arms; aimed throwing of hand grenades, 200-
meter cross-country race with gas masks over four obstacles;
swimming or bicycle riding; basic knowledge of first aid in case
of accidents.”
I will pass the others.
In 1939 the SA sports program was formally recognized in a decree
issued by Hitler as a military training program, and the SA was openly
declared to be an agency for pre- and post-military training, that is, for

military training prior to and following service in the Wehrmacht. I have
Document Number 2383-PS . . .
THE PRESIDENT: Colonel Storey, you have just drawn our attention to
a Document Number 3215-PS, which shows that from 1934 onwards,
25,000 officers and noncommissioned officers were trained by the SA.
COL. STOREY: Yes, Sir.
THE PRESIDENT: Isn’t that sufficient to show the military nature of
the organization?
COL. STOREY: I think so. This was just the decree of Hitler. May I just
refer to it by reference for the record? I will not read the decree.
THE PRESIDENT: Go on; what are you referring to?
COL. STOREY: Document 2383-PS, Page 11 of the English translation,
contains a copy of the decree legalizing the training program for pre- and
post-military training.
It would have been one thing for the SA to conduct a military training
program for its members, but the SA program was not confined to its
members. The entire youth of Germany was enlisted into a feverish
program of military training.
I refer to a quotation in Document 2354-PS from the same organization
book, which is at Page 2 of the English translation, in which the Chief of
Staff Lutze said, and I quote briefly:
“In order to give conscious expression to the fostering of a valiant
spirit in all parts of the German people, I further decide that this
SA sports badge can also be earned and worn by persons who are
not members of the movement insofar as they comply racially and
ideologically with the National Socialist requirements.”
Document 2168-PS shows that responsibility for conducting this nation-
wide program was lodged in the operational main office of the SA. Page 8
of the English translation says, and I quote:
“The latter has, on the basis of the SA sport badge, to prepare a
thorough physical training of the bodies of all Germans capable
of bearing arms. In order to reach this goal, it has to organize
body exercises and sporting advancement so that the masses of
the people will be included by it and will be kept fit to bear arms
until old age. This martial preparedness must not be achieved

only by physical and mental training but also with regard to
character and ideology.”
I pass from that phase now.
Document 3215-PS is an excerpt from Das Archiv, and I refer to Pages
2 to 3 of the English translation beginning at the bottom of Page 2, and I
quote:
“Next to the companies of the SA were the SA sport badge
associations, in which entered all the nationals who were capable
of bearing arms and who were prepared to voluntarily answer the
call of the SA for the preservation of military proficiency. Up till
now about 800,000 nationals outside the SA could successfully
undergo the physical betterment as well as the political-military
indoctrination of the SA on the basis of the SA badge.”
The military program of the SA was not that of a mere marching and
drill society; it embraced every phase of the technique of modern warfare.
This is particularly demonstrated by consideration of the articles on military
training which appeared publicly throughout the issues of the SA-Mann. I
should like to refer to only a few of the titles, and they are set out on Pages
8 and 10 of Document 3050-PS. It is a great, long list, and I will only refer
to five or six.
There is one of them, 17 February 1934, Page 7, “Pistol Shooting”; 21
April 1934, Page 13, “What Every SA Man Must Know about Aviation”; 19
May 1934, Page 13, “Chemical Warfare”; 2 June 1934, Page 14, “Modern
Battle Methods in the View of the SA Man”; 4 August 1934, Page 13, “The
Significance of Tanks and Motors in the Modern War.” I will omit
references to the remainder.
Similarly, the issues of the SA-Mann contain many photographs and
articles demonstrating and portraying SA participation in military exercises,
including forced marching, battle maneuvers, obstacle runs, small-caliber
firing, and so on. I simply refer these to Your Honors, and they are shown
on Pages 11 to 13 of Document Number 3050-PS. Just one or two titles: 24
August 1935, Page 2, “The SA Is and Remains the Shock Troop of the
Third Reich.” Here is one showing the connection with the Wehrmacht: 2
September 1938, Page 1, “The SA and the Wehrmacht,” with pictures of SA
men on field maneuvers throwing hand grenades. I will omit the rest of
those.

Convincing evidence demonstrating the participation of the SA in the
conspiracy is found in the fact that care was taken at all times to co-ordinate
the military training of the SA with the requirements of the Wehrmacht.
This is shown by Document 2821-PS, Exhibit Number USA-431, Page 1 of
the English translation, quoting:
“Permanent liaison between the Reich Defense Ministry and the
Supreme Commander of the SA . . . has been assured.”
Another document, 3215-PS, which is an excerpt from Das Archiv, sets
forth the co-operation and collaboration with the Wehrmacht and
specialized military training; and it was stated in a speech of the Chief of
Staff of the SA, Document 3215-PS, Page 2 of the English translation,
Exhibit Number USA-426:
“In the course of this development also, special missions for
military training were placed on the SA. The Führer gave the SA
the cavalry and motor training and appointed SA
Obergruppenführer Litzmann as Reich Inspector with the mission
of securing the cavalry recruits and the requirements of the
German Wehrmacht through the SA. In close co-operation with
parts of the Wehrmacht, special certificates were created for the
communications, engineer, and medical units which, like the
cavalry certificate of the SA, are valued as a statement of
preference for employment in said units.”
Your Honor, we have two or three more quotations about co-operation
with the Wehrmacht, but I believe they would be cumulative, and I will
omit them. I will refer only to Document 2383-PS, Exhibit Number USA-
410, Page 11. I will read a portion of the decree:
“The Führer: In amplification of my decrees of 15 February 1935
and of 18 March 1937 regarding the acquisition of the SA sports
insignia and the yearly repetitive exercises, I elevate the SA sports
badge to the level of the SA military badge and make it a basis for
pre- and post-military training. I designate the SA as the standard
bearer of this training.”
I skip now to Page 48 for the record.

The specialized training given SA members, in accordance with the
requirements of the technical branches of the Wehrmacht, is described by
SA Sturmführer Bayer, in Document Number 2168-PS, Exhibit Number
USA-411; and it is Page 13 of the English translation:
“On one side, the young SA man who enters the Armed
Forces”—Wehrmacht—“from his branch comes prepared with a
multitude of prerequisites which facilitate and speed up training
in technical respect; while on the other side, those very soldiers
who, having served, return out of the Armed Forces into the SA
keep themselves, by constant practice, in a trained condition
physically and mentally and impart their knowledge to their
fellows.
“Thus they contribute a considerable portion to the enhancement
of the armed strength and fighting spirit of the German people.”
And then skipping down: “The SA each year is able to furnish many
thousands of young trained cavalrymen to our Wehrmacht.” I will omit the
rest of that.
I simply call attention now to an issue of the SA-Mann dated 3 February
1939, at Page 3, which contains a photograph of Chief of Staff Lutze
addressing a group of SA men. This photograph bears the caption, “We will
be the Bridge between the Party and the Wehrmacht.”
The second reference shows a photograph of General Brauchitsch and
Chief of Staff Lutze reviewing an SA unit.
Now, I pass to Document 3214-PS, which is Exhibit Number USA-432.
There is only one page of it. Quoting:
“It was announced that SA men and Hitler Youths liable to
military service can fulfill their military duties in the SA
Regiment Feldherrnhalle, whose commander is General Field
Marshal, SA Obergruppenführer Göring. The regiment, for the
first time, was employed as Regiment of the Luftwaffe in the
occupation of the Sudetenland . . . under its leader and regimental
commander, SA Gruppenführer Reimann.”
THE PRESIDENT: Up to now you have brought evidence to our notice
showing that the SA was voluntary. This shows it was conscripted. When
did it become conscripted?

COL. STOREY: As I understand, Your Honor, if you joined the SA you
got out of conscription, but once you were in it they could use you as
desired. In other words, the SA was a voluntary organization.
THE PRESIDENT: That is the evidence you have given up to date.
COL. STOREY: Yes, Sir.
THE PRESIDENT: Well, when did it become liable to conscription or
used as a substitute for conscription?
COL. STOREY: If Your Honor pleases, may I ask Mr. Burdell to answer
that question? He has been working on it.
MR. CHARLES S. BURDELL (Assistant Trial Counsel for the United
States): If Your Honor pleases, there never was conscription in the SA. As
this document shows—Document 3214-PS—service in the Feldherrnhalle
Regiment of the SA took the place of conscription. This first sentence in
Document 3214-PS, which reads, “It was announced that SA men and
Hitler Youths liable to military service can fulfill their military conscription
in the SA Regiment Feldherrnhalle . . .” means, as I understand it, that SA
men who are conscripted, that is SA men who are drafted after they have
joined the SA, may serve their conscription by remaining in the SA or by
transferring to the Feldherrnhalle Regiment of the SA.
The next paragraph of Document Number 3214-PS designates the
requirements that must be fulfilled before the SA man can join this
Feldherrnhalle Regiment, but if he fulfills those requirements he may join
that regiment, and having done so, that serves the purpose or serves the
function of conscription in the Wehrmacht.
I hope that answers Your Honor’s question.
COL. STOREY: In view of the above we would expect the SA to have
been used as a striking force in the first steps of the aggressive war
launched by Germany and as a basis for so-called commando groups, and
such was the case. SA units were among the first of the Nazi military
machine to invade Austria in the spring of 1938, as was proudly announced
in an article appearing in the SA-Mann of 19 March 1938, Page 10, the
article entitled, “We Were There First.”
The SA participation in the occupation of the Sudetenland is also shown
by Document Number 3036-PS, Exhibit Number USA-102; and that is an
affidavit by Gottlob Berger, a former officeholder in the SS, who was
assigned to the Sudeten German Free Corps. I quote Paragraphs 1 and 2 of
the affidavit:

“1. In the fall of 1938 I held the rank and title of Oberführer in the
SS. In mid-September I was assigned as SS liaison officer with
Konrad Henlein’s Sudeten German Free Corps at their
headquarters in the castle at Donndorf outside Bayreuth. In this
position I was responsible for all liaison between the Reichsführer
SS Himmler and Henlein”—Your Honors will recall Henlein was
the leader in the Sudetenland—“and in particular, I was delegated
to select from the Sudeten Germans those who appeared to be
eligible for membership in the SS or VT (Verfügungstruppe). In
addition to myself, liaison officers stationed with Henlein
included an Obergruppenführer from the NSKK, whose name I
have forgotten, and SA Obergruppenführer Max Jüttner, from the
SA. In addition, Admiral Canaris, who was head of the OKW
Abwehr, appeared at Donndorf nearly every 2 days and conferred
with Henlein.”
Your Honors will recall that the Abwehr was the intelligence organization.
“2. In the course of my official duties at Henlein’s headquarters I
became familiar with the composition and activities of the Free
Corps. Three groups were being formed under Henlein’s
direction: One in the Eisenstein area, Bavaria; one in the Bayreuth
area; one in the Dresden area; and possibly a fourth in Silesia.
These groups should be composed only of refugees from the
Sudetenland who had crossed the border into Germany, but they
actually contained Germans with previous service in the SA and
the NSKK (Nazi Motor Corps) as well. These Germans formed
the backbone of the Free Corps. On paper the Free Corps had a
strength of 40,000 men . . . . Part of the equipment furnished to
Henlein, mostly haversacks, cooking utensils, and blankets, was
supplied by the SA.”
The adaptability of the SA to whatever purpose was required of it is
demonstrated by its activities subsequent to the outbreak of the war. During
the war the SA continued to carry out its military training program, but it
also engaged in other functions. Its wartime activities are set out in
Document 3219-PS, which is Exhibit Number USA-433, and Document
3216-PS, Exhibit Number USA-434, which are excerpts from Das Archiv.

I quote first, briefly, from Document 3219-PS, the whole text exclusive
of the heading:
“The Chief of Staff of the SA, Wilhelm Schepmann, gave further
orders to increase the employment of the SA in the homeland war
territories, according to the requirements of total war. This was
done in numerous business conferences with leaders of the SA
divisions.
“As a result of these conferences as well as of measures already
carried out earlier for the totalization of the war employment, the
SA has placed 86 percent of its professional leader corps at the
disposal of the front, even though the war missions of the SA
have increased in the fields of pre-military training, the SA
penetration into new territorial parts of the Reich, the air-war
employment, the city and country guard, et cetera, during
wartime.
“The SA as a whole has given at present 70 percent of its millions
of members to the Wehrmacht.”
I call attention of Your Honors to the statement of the membership of
August 26, 1944. I quote briefly from Document Number 3216-PS, the
English translation, just one sentence:
“By command of the Chief of Staff of the SA, the SA unit
‘General Government’ was established, the command of which
was taken over by Governor General, SA Obergruppenführer Dr.
Frank.”
I next offer in evidence an affidavit, being Document Number 3232-PS,
Exhibit Number USA-435, by Walter Schellenberg:
“From the beginning of 1944 on, the SA also participated in many
of the functions which had previously been entrusted only to the
SS, the Sipo, and Army—for instance, the guarding of
concentration camps, of prisoner-of-war camps, supervision of
forced laborers in Germany and occupied areas. This co-operation
of the SA was planned and arranged for by high officials in Berlin
as early as the middle of 1943.”

This concludes my presentation of the principal points of evidence
concerning the participation of the SA in the conspiracy, but before I
conclude, I should like to present to the Tribunal a few points which
establish the participation in the conspiracy by Defendant Göring in his
capacity as an SA member or leader.
In 1923 Göring became commander of the entire SA. This is shown in
the pamphlet, The SA, which is already in evidence, and the notation
concerning Göring’s command appears at Page 2 of the translation, which I
do not intend to quote but simply refer to.
Göring’s intention to employ the SA as a terroristic force to destroy
political opponents is shown by a speech made by him on 3 March 1933, at
a Nazi demonstration in Frankfurt. It is Document Number 1856-PS,
Exhibit Number USA-437. It is an excerpt from a book entitled, Hermann
Göring, Speeches and Essays. I quote what Göring said:
“Certainly I shall use the power of the State and the police to the
utmost, my dear Communists, so you won’t draw any false
conclusions; but the struggle to the death, in which my fist will
grasp your necks, I shall lead with those down there who are the
Brown Shirts.”
The importance of the SA under Göring in the early stages of the Nazi
movement is shown by Document Number 3259-PS, Exhibit USA-424; and
it is an English translation from the same document book. This is a letter
written to Göring by Hitler, and I quote the letter:
“My dear Göring:
“When in November 1923, the Party tried for the first time to
conquer the power of the State, you, as commander of the SA,
created within an extraordinarily short time that instrument with
which I could dare that struggle. Most pressing necessity had
forced us to act, but by a wise providence at that time we were
denied success. After receiving a grave wound, you again entered
the ranks as soon as circumstances permitted as my most loyal
comrade in the battle for power. You contributed essentially to
creating the basis for the 30th of January. Therefore, at the end of
the year of the National Socialist revolution, I desire to thank you
wholeheartedly, my dear Party comrade Göring, for the great

services you have rendered to the National Socialist revolution
and consequently to the German people.
“In cordial friendship and grateful appreciation, yours, Adolf
Hitler.”
Although Göring did not retain command of the SA, he at all times
maintained close affiliation with the organization. This is shown by the
photographs of Göring participating in the activities which I have already
introduced in evidence. Similarly, in 1937 Göring became the commander
of the Feldherrnhalle Regiment of the SA. The Tribunal will recall, also, my
reference to the participation of that regiment in the occupation of the
Sudetenland.
Now, finally, the evidence considered in the foregoing sections of this
brief demonstrates the participation of the SA as an organization in the
conspiracy alleged in Count One. Thus, the SA was first employed by the
conspirators to destroy, by force and brutality, all opponents of National
Socialism and to gain possession of the streets. Thereafter, upon the seizure
of control by the NSDAP, the SA was used to consolidate and to strengthen
Nazi power, and cruelly to persecute and destroy all so-called “enemies of
the state,” including Jewry and the Church. During the period from 1934 to
1939, the SA was employed for the actual preparation and training of the
German people for war and participated in aggressive warfare.
The SA was at all times employed by the conspirators to promote and
disseminate the ideology of the Nazi Government throughout Germany, and
particularly, to perform the function of disseminating anti-Jewish
propaganda and creating and fostering a militaristic and warlike spirit
among the people of Germany.
Thus, at all times during the course of its existence, the functions of the
SA corresponded to, and were designated to promote, the progression of the
conspiracy through its various phases; and the conclusion, we think, is
irresistible, that the SA was an organization devoted exclusively to the task
of assisting the defendants and their co-conspirators in carrying out the
objectives in the conspiracy.
Thus, in this sense, SA, as well as its members, were in fact co-
conspirators and participants in a conspiracy which contemplated and
involved Crimes against the Peace and Crimes against Humanity and War
Crimes.

That concludes the presentation of the SA, Your Honor, and the next is
the SS, by Major Farr.
Do Your Honors want to go ahead with that now?
THE PRESIDENT: Perhaps we had better adjourn then, until 2 o’clock.
[A recess was taken until 1400 hours.]

Afternoon Session
MAJOR WARREN F. FARR (Assistant Trial Counsel for the United
States): May it please the Tribunal, the next organization to be dealt with is
the SS. The document books in this case are lettered “Z.” For convenience
in handling the book because of the bulk of documents, we have divided
them into two volumes. I shall in referring to a document number refer to
the volume in which that document appears.
About a week or 10 days ago there appeared in a newspaper circulated
in Nuremberg, an account of a visit by that paper’s correspondent to a camp
in which SS prisoners of war were confined. The thing which particularly
struck the correspondent was the one question asked by the SS prisoners.
Why are we charged as war criminals? What have we done except our
normal duty?
The evidence now to be presented to the Tribunal will, we expect,
answer that question. It will show that just as the Nazi Party was the very
heart—the core—of the conspiracy, so the SS was the very essence of
Nazism. For the SS was the elite group of the Party, composed of the most
thorough-going adherents of the Nazi cause, pledged to blind devotion to
Nazi principles, and prepared to carry them out without any question and—
at any cost—a group in which every ordinary value has been so subverted
that its members can ask, “What is there unlawful about the things we have
done?”
During the past weeks the Tribunal has heard evidence of the
conspirators’ criminal program for aggressive war, for concentration camps,
for the extermination of the Jews, for enslavement of foreign labor and
illegal use of prisoners of war, for deportation and Germanization of
inhabitants of conquered territories. Through all this evidence the name of
the SS ran like a thread. Again and again that organization and its
components were referred to. It is my purpose to show why it performed a
responsible role in every one of these criminal activities, why it was—and,
indeed, had to be—a criminal organization.
The creation and development of such an organization was, indeed,
essential for the execution of the conspirators’ plans. Their sweeping
program and the measures they were prepared to use, and did use, could be

fully accomplished neither through the machinery of the Government nor of
the Party. Things had to be done for which no agency of Government and
no political party, even the Nazi Party, would openly take full responsibility.
A specialized type of apparatus was needed, an apparatus which was to
some extent connected with the Government and given official support but
which, at the same time, could maintain a quasi-independent status, so that
all its acts could be attributed neither to the Government nor to the Party as
a whole. The SS was that apparatus.
Like the SA, it was one of the seven components or formations of the
Nazi Party referred to in the “Decree on the Enforcement of the Law for
Securing the Unity of Party and State” of 29 March 1935, published in the
Reichsgesetzblatt for that year, Part I, Page 503. That decree will be found
in our Document 1725-PS. I shall not read it. I assume that the Court will
take judicial notice of it. The status of the SS, however, was above that of
the other formations. As the plans of the conspirators progressed, it acquired
new functions, new responsibilities, and an increasingly more important
place in the regime. It developed during the course of the conspiracy into a
highly complex machine, the most powerful in the Nazi State, spreading its
tentacles into every field of Nazi activity.
The evidence which I shall present will be directed, first, towards
showing very briefly the origin and early development of the SS; second,
how it was organized, that is, its structure and its component parts; third, the
basic principles governing the selection of its members and the obligations
they undertook; and finally, its aims and the means used to accomplish
them, the manner in which it carried out the purposes of the conspirators,
and thus is a responsible participant in the crimes alleged in the Indictment.
The history, organization, and publicly announced functions of the SS
are not controversial matters. They are not matters to be learned only from
secret files and captured documents. They were recounted in many
publications circulated widely throughout Germany and the world, official
books of the Nazi Party itself and books, pamphlets, and speeches by SS
and State officials published with SS and Party approval. Throughout the
presentation of the case I shall frequently refer to five or six such
publications, translations of which—in whole or in part—appear in the
document books. Although I shall quote portions of them, I shall not
attempt to read them all in full, since I assume that the contents of such
authoritative publications may be judicially noticed by the Tribunal.

Now to take up the origin of the SS. The first aim of the conspirators—
as the evidence already presented to the Court has shown—was to gain a
foothold in politically hostile territory, to acquire mastery of the streets, and
to combat any and all opponents with force. For that purpose they needed
their own private, personal police organization. Evidence has just been
introduced in the case against the SA, showing how that organization was
created to fill such a role. But the SA was outlawed in 1923. When Nazi
Party activity was again resumed in 1925, the SA remained outlawed. To fill
its place and to play the part of Hitler’s own personal police, small mobile
groups known as protective squadrons (Schutzstaffeln) were created. This
was the origin of the SS in 1925. With the reinstatement of the SA in 1926,
the SS for the next few years ceased to play a major role. But it continued to
exist as an organization within the SA, under its own leader, however, the
Reichsführer SS. This early history of the SS is related in two of the
authoritative publications to which I have referred: The first is a book by SS
Standartenführer Gunter d’Alquen, entitled Die SS. This book, a pamphlet
of some 30 pages, is an authoritative account of the history, mission, and
organization of the SS, published in 1939. As indicated on its frontispiece, it
was written at the direction of the Reichsführer SS, Heinrich Himmler. Its
author, SS Standartenführer Gunter d’Alquen was the editor of the official
SS publication Das Schwarze Korps. This book is our Document Number
2284-PS. I offer it in evidence as Exhibit Number USA-438. The passage to
which I refer will be found on Pages 6 and 7 of the original and on Page 1
of the translation.
I shall not now read that passage.
The second publication is an article by Himmler entitled, “Organization
and Obligations of the SS and the Police.” It was published in 1937 in a
booklet containing a series of speeches or essays by important officials of
the Party and the State—known as National Political Course for the Armed
Forces from 15 to 23 January 1937. The article by Himmler, to which I
refer, appears on Pages 137-161 of that pamphlet. Large extracts from it
make up our Document Number 1992(a)-PS. I offer the essay by Himmler
as Exhibit Number USA-439. The passage to which I referred appears on
Page 137 of the original and Page 1 of the translation, our Document
1992(a)-PS. I shall have occasion to quote from both these publications, but
with respect to this matter of history, I assume that these references to the
pertinent passages in them are enough.

As early as 1929 the conspirators recognized that their plans required an
organization in which the main principles of the Nazi system, specifically
the racial principles, would not only be jealously guarded but would be
carried to such extreme as to inspire or intimidate the rest of the population
—an organization in which, also, there would be assured complete freedom
on the part of the leaders and blind obedience on the part of the members.
The SS was built up to meet this need. I quote from D’Alquen’s book, Die
SS, at Page 7; this passage appears in our Document Number 2284-PS at
Page 4 of the translation, Paragraph 4:
“On the 6th of January 1929 Adolf Hitler appointed his tested
comrade of long standing, Heinrich Himmler, as Reichsführer SS.
Heinrich Himmler assumed charge therewith of the entire
Schutzstaffel totalling at that time 280 men with the express and
particular order of the Führer to form this organization into an
elite troop of the Party, a troop dependable in every circumstance.
“With this day the real history of the SS begins as it stands before
us today in all its deeper essential features, firmly anchored in the
National Socialist movement. For the SS and its Reichsführer,
Heinrich Himmler, its first SS man, have both become
inseparable in the course of these battle-filled years.”
Carrying out Hitler’s directive, Himmler proceeded to build up out of
this small force of men an elite organization—to use D’Alquen’s words—
composed of “the best physically . . . the most dependable, and the most
faithful . . . men” in the Nazi movement. I read another passage from
D’Alquen at Page 12 of the original, Page 6 of the translation, Paragraph 5:
“When the day of seizure of power had finally come, there were
52,000 SS men, who in this spirit bore the revolution in the van,
marched into the new state which they began helping to form
everywhere, in their stations and positions, in profession and in
service, and in all their essential tasks.”
The conspirators now had the machinery of government in their hands.
The initial function of the SS—that of acting as private army and personal
police force—was thus completed. But its mission had in fact really just
begun. That mission is described in the Organization Book of the NSDAP
for 1943. The pages from that book dealing with the SS—Pages 417 to 428

—are translated in our Document Number 2640-PS. The organization’s
book has already been offered in evidence as Exhibit Number USA-323.
The passage to which I refer appears on Page 417 of the original and on
Page 1, Paragraph 2, of the translation:
“Missions. The original and most eminent duty of the SS is to
serve as the protectors of the Führer. By decree of the Führer the
sphere of duties has been enlarged to include the internal security
of the Reich.”
This new mission—protecting the internal security of the regime—was
somewhat more colorfully defined by Himmler in his pamphlet The SS as
an Anti-Bolshevist Fighting Organization, published in 1936. It is our
Document Number 1851-PS. I offer this document in evidence as Exhibit
Number USA-440. The definition to which I refer appears in the original at
the bottom of Page 29 of the original, on the third page of the translation,
middle of the paragraph:
“We shall unremittingly fulfill our task, the guaranty of the
security of Germany from the interior, just as the Wehrmacht
guarantees the safety of the honor, the greatness, and the peace of
the Reich from the exterior. We shall take care that never again in
Germany, the heart of Europe, will the Jewish-Bolshevistic
revolution of sub-humans be able to be kindled either from within
or through emissaries from without. Without pity we shall be a
merciless sword of justice for all those forces whose existence
and activity we know, on the day of the slightest attempt, may it
be today, may it be in decades or may it be in centuries.”
This conception necessarily required an extension of the duties of the
SS into many fields. It involved, of course, the performance of police
functions. But it involved more. It required participation in the suppression
and extermination of all internal opponents of the regime. It meant
participation in extending the regime beyond the borders of Germany; and
therefore came to mean eventually participation in every type of activity
designed to secure a hold over those territories and populations which,
through military conquest, had come under German domination.
The expansion of SS duties and activities resulted in the creation of
several branches and numerous departments and the eventual development

of a highly complex machinery. Those various branches and departments
cannot be adequately described out of the context of their history. That
description I hope will emerge fully as evidence of the activities of the SS is
presented. But it may be appropriate to anticipate; and at this point, to say a
word about the structure of the SS.
For this purpose, a glance at a chart depicting the organization of the SS
as it appeared in 1945 may be helpful. There are being handed to the
Tribunal small copies of this chart, two in English, one in French and one in
Russian. In addition, there are handed eight larger copies of the chart in the
original German, bearing on it the photostat of the affidavit of Gottlob
Berger, formerly Chief of the SS Main Office, who examined the chart and
stated that it correctly represented the organization of the SS.
I now offer in evidence the chart of the Supreme and Regional
Command of the SS, as Exhibit Number USA-445.
At the very top of the chart is Himmler, the Reichsführer SS, who
commanded the entire organization. Immediately below—running across
the chart and down the right hand side, embraced within the heavy line—
are the 12 main departments constituting the Supreme Command of the SS.
Some of these departments have been broken down into the several offices
of which they were composed, as indicated by the boxes beneath them.
Other departments have not been so broken down. It is not intended to
indicate that there were not subdivisions of these latter departments as well.
The breakdown is shown only in those cases where the constituent offices
of some department may have a particular significance in this case.
These departments and their functions are described in two official Nazi
publications. The first is the Organization Book of the NSDAP for 1943, our
Document Number 2640-PS, already introduced in evidence as Exhibit
Number USA-323. The description, which I shall not read now, appears on
Pages 419-422 of the original and Pages 2 to 4 of the translation. The
second is an SS manual, which bears the title, The Soldier Friend-Pocket
Diary for the German Armed Forces—Edition D, Waffen-SS. It was
prepared at the direction of the Reichsführer SS and issued by the SS Main
Office for the year ending 1942. It is our Document Number 2825-PS. I
offer it in evidence as Exhibit Number USA-441. The description to which I
refer appears on Pages 20 to 22 of the original and Pages 1 and 2 of the
translation. I will later have occasion to read the description of the functions
of some of the departments in full. But I assume that the Court will take

judicial notice of the entire passages to which I have referred. In addition,
the departments are listed in a directory of the SS, published by one of the
main departments of the SS. This document was found in the files of the
Personal Staff of the Reichsführer SS, the first department from the left of
the chart. It is entitled Directory for the Schutzstaffel of the NSDAP, 1
November 1944. It is marked “restricted” and bears the notation “Published
by SS Führungshauptamt,” (Command Office of the General SS), which is
the fifth box from the left. It is our Document Number 2769-PS. I offer it in
evidence as Exhibit Number USA-442. It is simply a list of the names of the
departments and offices with their addresses and telephone numbers, and
corroborates the statements in the two earlier publications to which I
referred.
Returning now to the chart—following down the central spine from the
Reichsführer SS to the regional level—we come to the Higher SS and
Police Leader, commonly known as HSSPF, the Supreme SS Commander
in each region. I shall refer to his functions at a later point. Immediately
below him is the breakdown of the organization of the Allgemeine or
General SS. To the left are indicated two other branches of the SS—the
Death’s-Head Units (Totenkopf Verbände) and the Waffen-SS. To the right,
under the HSSPF, is the SD. All of these components, together with the SS
Police regiments, are specifically named in the Indictment—Appendix B,
Page 36—as being included in the SS.
Now a word as to these components. Up to 1933 there were no such
specially designated branches. The SS was a single group—a group of
“volunteer political soldiers.” It was out of this original nucleus that the
new units developed.
The Allgemeine, that is, General SS, was the common basis, the main
stem, out of which the various branches grew. It was composed of all
members of the SS who did not belong to any of the special branches.
It was the backbone of the entire organization. The personnel and
officers of the main departments of the SS Supreme Command were
members of this branch. Except for high ranking officers and those in staff
capacities in the main offices of the SS Supreme Command, its members
were part-time volunteers. As the evidence will show, its members were
utilized in about every phase of SS activity. They were called upon in the
anti-Jewish pogroms of 1938; they took over the task of guarding
concentration camps during the war; they participated in the colonization

and resettlement program. In short, the term “SS” normally meant the
General SS.
It was organized on military lines as will be seen from the chart, ranging
from district (Oberabschnitt) and sub-district (Abschnitt) down through the
regiment, battalion, company, to the platoon. Until after the beginning of
the war it constituted numerically the largest branch of the SS. In 1939
D’Alquen, the official SS spokesman, said, and I quote from his book, our
Document Number 2284-PS, Page 9, Paragraph 3, of the English
translation, and Page 18 of the original document:
“The strength of the General SS, 240,000 men, is subdivided
today into 14 corps, 38 divisions, 104 infantry regiments, 19
mounted regiments, 14 communication battalions, and 9 engineer
battalions, as well as motorized and medical units. This General
SS stands fully and wholly on call as in the fighting years. . . .”
Similar reference to the military organization of the General SS will be
found in Himmler’s speech, “Organization and Obligations of the SS and
the Police,” our Document Number 1992(a)-PS, at Page 4 of the translation,
and in the Organization Book of the NSDAP for 1943, our Document
Number 2640-PS, at Pages 4 and 5 of the translation.
Members of this branch, however, with the exception of certain staff
personnel, were subject to compulsory military service. As the result of the
draft of members of the General SS of military age into the Army, the
numerical strength of presently active members considerably declined
during the war. Older SS men and those working in or holding high
positions in the main departments of the Supreme Command of the SS
remained. Its entire strength during the war was probably not in excess of
40,000 men.
The second component to be mentioned is the Security Service of the
Reichsführer SS, almost always referred to as the SD. Himmler described it
in his speech, “Organization and Obligations of the SS and the Police”—our
Document Number 1992(a)-PS. I quote a passage from Page 8, last
paragraph of the translation, Page 151 of the original, Paragraph 3:
“I now come to the Security Service (SD); it is the great
ideological intelligence service of the Party and, in the long run,
also that of the State. During the time of struggle for power it was
only the intelligence service of the SS. At that time we had, for

quite natural reasons, an intelligence service with the regiments,
battalions and companies.”—I interpolate; he refers there to the
regiments, battalions and companies of the General SS.—“We
had to know what was going on on the opponent’s side, whether
the Communists intended to hold up a meeting today or not,
whether our people were to be suddenly attacked or not, and
similar things. I separated this service already in 1931 from the
troops—”
I note that it appears in the mimeographed translation as 1941; but, as will
appear from a passage on the next pages of the translation, it was 1931 to
which he was referring.
“. . . from the units of the General SS, because I considered it to
be wrong. For one thing, secrecy is endangered, then the
individual men, or even the companies, are too likely to discuss
everyday political problems.”
Although, as Himmler put it, the SD was only the intelligence service of
the SS during the years preceding the accession of the Nazis to power, it
became a much more important organization promptly thereafter. It had
been developed into such a powerful scientific espionage system under its
chief, Reinhard Heydrich, that on 9 June 1934, just a few weeks before the
bloody purge of the SA, it was made by decree of the Defendant Hess, the
sole intelligence and counter-intelligence agency of the entire Nazi Party. I
refer in support of that statement to D’Alquen’s book, Die SS, our
Document Number 2284-PS, at Page 11 of the translation. I shall not pause
to quote that passage. The organization and numbers of the SD, as they
stood in 1937, were thus described by Himmler—I quote again from his
article, “Organization and Obligations of the SS and the Police,” our
Document Number 1992(a)-PS, at Page 9 of the translation, second
paragraph, Page 151 of the original, Paragraph 4:
“The Security Service was already separated from the troop in
1931 and separately organized. Its higher headquarters coincide
today with the Oberabschnitte and Abschnitte”—I refer to the
Abschnitte and Oberabschnitte indicated on the chart—“and it has
also field offices, its own organization of officials, and a great

many command posts, approximately 3,000 to 4,000 men strong,
at least when it is built up.”
Up to 1939 its headquarters was the SS Main Security Office
(Sicherheitshauptamt) which, as I shall shortly show, became amalgamated
in 1939 in the Reich Main Security Office (RSHA) one of the SS main
departments shown on the chart before you—the sixth box from the left.
The closer and closer collaboration of the SD with the Gestapo and
Criminal Police—which eventually resulted in the creation of this RSHA—
and the activities in which the SD engaged in partnership with the Gestapo
will be taken up in the presentation of the case against the Gestapo. The SD
was, of course, at all times an integral and important component of the SS.
But it is more practicable to deal with it in connection with the activities of
the whole repressive police system with which it functioned.
The third component to be mentioned is the Waffen-SS—the combat
arm of the SS—created, trained, and finally utilized for purposes of
aggressive war. The reason underlying the creation of this combat branch
was described in our Document Number 2640-PS, the Organization Book of
the Nazi Party for 1943. It appears on Page 427a of the original, Page 5,
Paragraph 7 of the translation:
“The armed SS originated out of the thought: to create for the
Führer a selected, long-service troop for the fulfillment of special
missions. It should make it possible for members of the General
SS, as well as for volunteers who fulfill the special requirements
of the SS, to fight in the battle for the realization of the National
Socialist idea with weapon in hand in unified groups partly within
the framework of the Army.”
The term “Waffen-SS” did not come into use until after the beginning of
the war. Up to that time there were two branches of the SS composed of
full-time, well-trained, professional soldiers: The so-called SS
Verfügungstruppe, translatable perhaps as SS Emergency Troops, and the
SS Totenkopf Verbände (the Death’s-Head Units). After the beginning of
the war, the units of the SS Verfügungstruppe were brought up to division
strength, and new divisions were added to them. Parts of the SS Death’s-
Head Units were formed into a division, the SS Totenkopf Division. All
these divisions then came to be known collectively as the Waffen-SS.

Let me now trace that development. I quote again from the
Organization Book of the Nazi Party for 1943, our Document Number
2640-PS, Page 427b of the original, Page 5, last paragraph of the
translation:
“The origin of the Waffen-SS goes back to the decree of 17
March 1933 establishing the Stabswache with the original
strength of 120 men. Out of this small group developed the later-
called SS Verfügungstruppe,”—SS Emergency Force—
“the Leibstandarte SS Adolf Hitler. In the course of the war, these
groups grew into divisions.”
THE PRESIDENT: Major Farr, is it necessary to go into this degree of
detail about the organization of the SS?
MAJOR FARR: Sir, it seemed to me that it is highly important to know
exactly what the organization with which we are dealing is. There has been,
I understand, a suggestion made to the Court that certain portions of this
organization are not criminal. It is contended by some that the part they
played was a perfectly innocuous one; and it seems to me that before we
can determine whether the organization as a whole is criminal, whether any
portion of it is severable, then we must know what the organization is.
THE PRESIDENT: Wouldn’t it be possible to leave that question to
evidence in rebuttal, if the defendants are setting up that any particular
branch of the SS is not criminal?
MAJOR FARR: If we adequately lay the basis for our case now, it may
not be necessary for us to make any rebuttal. We may satisfy the defendants
that there is nothing to the contention that any portion of the SS is a lawful
portion. The point I am particularly trying to make now is: There has been a
good deal of contention that the Waffen-SS is severable; that whatever may
be said, for example, about the SD or the Death’s-Head Units, the Waffen-
SS is something different, the Waffen-SS is part of the Army. I think it is
important to establish at the outset that the Waffen-SS is as much a part of
the SS, as integral a part of the whole organization, as any of the other
branches. I propose, therefore, to show the development of the Waffen-SS,
growing out of the SS Emergency Troops, and to call to the attention of the
Tribunal evidence showing how the Waffen-SS is an integral part of the SS
as a whole.
THE PRESIDENT: Well, you must take your own course.

MAJOR FARR: The Verfügungstruppe were described in a top-secret
Hitler order dated the 17th of August 1938. It is our Document Number
647-PS. I offer it in evidence as Exhibit Number USA-443. That document
will be found in Volume I of the document book. I quote from Section II of
that order, which appears on Page 2 of the translation at the top the page
and also on Page 2 of the original:
“II. The Armed Units of the SS.
“A. The SS Verfügungstruppe.
“1. The SS Verfügungstruppe is neither a part of the Wehrmacht
nor a part of the police. It is a standing armed unit exclusively at
my disposal. As such and as a unit of the NSDAP, its members are
to be selected by the Reichsführer SS according to the ideological
and political standards which I have ordered for the NSDAP and
for the Schutzstaffeln. Its members are to be trained and its ranks
filled with volunteers from those who are subject to military
service, having finished their duties in the obligatory labor
service. The service period for volunteers is 4 years. It may be
prolonged for SS Unterführer. Special regulations are in force for
SS leaders. The regular compulsory military service (Paragraph 8
of the law relating to military service) is fulfilled by service of the
same duration in the SS Verfügungstruppe.”
I want to quote a further short passage from that decree which will be
found on Page 3 of the translation in the middle of the page and on Page 5
of the original order:
“III. Orders in case of Mobilization.
“A. The employment of the SS Verfügungstruppe in case of
mobilization is a double one.
“1. By the Supreme Commander of the Army within the wartime
army. In that case it comes completely under military laws and
regulations, but remains a unit of the NSDAP politically.
“2. In case of necessity in the interior according to my orders; in
that case it is under the Reichsführer SS and Chief of the German
Police.

“In case of mobilization I myself will make the decision about the
time, strength, and manner of the incorporation of the SS
Verfügungstruppe into the wartime army; these things will depend
on the internal political situation at that time.”
Immediately after the issuance of this decree—and the Court will recall
it was issued in August of 1938—this militarized force was employed with
the Army for aggressive purposes—the taking over of the Sudetenland.
Following this action feverish preparation to motorize the force and to
organize new units such as antitank, machine gun, and reconnaissance
battalions were undertaken pursuant to further directives of the Führer. By
September 1939 the force was fully motorized; its units had been increased
to division strength and it was prepared for combat. These steps are
described in the National Socialist Yearbook for the years 1940 and 1941. I
offer in evidence Pages 365 to 371 of the 1940 yearbook. It is our
Document Number 2164-PS. It bears Exhibit Number USA-255. I offer
Pages 191 to 193 of the 1941 yearbook, which is our Document Number
2163-PS, as Exhibit Number USA-444. Since the yearbook is an official
publication of the Nazi Party, edited by Reichsleiter Robert Ley and
published by the Nazi Party publishing company, I assume that the Court
will take judicial notice of the contents of these exhibits.
After the launching of the Polish invasion and as the war progressed,
still further divisions were added. The Organization Book of the Nazi Party
for 1943, our Document Number 2640-PS, lists some eight divisions and
two infantry brigades as existing at the end of 1942. I refer to Page 427b of
the original, Page 5, last paragraph of the translation. This was no longer an
emergency force. It was an SS army and hence came to be designated as the
Waffen-SS. Himmler referred to this spectacular development of this SS
combat branch in his speech at Posen on 4 October 1943 to SS
Gruppenführer. That speech has already been introduced in evidence at an
earlier stage in the case, as Exhibit Number USA-170. It is our Document
Number 1919-PS.
I shall quote from that speech, Page 51 of the original, Page 2 of the
translation, second paragraph, headed “The SS in Wartime.” I quote:
“Now I come to our own development, to that of the SS in the
past months. Looking back on the whole war, this development
was fantastic. It took place at an absolutely terrific speed. Let us

look back a little to 1939. At that time we were a few regiments,
guard units, 8,000 to 9,000 strong—that is, not even a division, all
in all 25,000 to 28,000 men at the outside. True, we were armed,
but we really only got our artillery regiment as our heavy arm 2
months before the war began.”
I continue, quoting from the same speech a passage found on Page 8 of
the English translation and on Page 104 of the original. The passage in the
translation appears at about the middle of the page.
“In the hard battles of this year, the Waffen-SS has been welded
together in the bitterest hours from the most varied divisions and
sections out of which it was formed: Bodyguard units”—
Leibstandarte—“military SS”—Verfügungstruppe—“Death’s-
Head Units, and then the Germanic SS. Now when our Divisions
‘Reich,’ ‘Death’s-Head,’ the Cavalry Division, and ‘Viking’ were
together, everyone knew in these last weeks: ‘Viking’ is at my
side, ‘Reich’ is at my side, ‘Death’s-Head’ is at my side. Thank
God, now nothing can happen to us.”
The transformation of small emergency forces into a combat army did
not result in a separation of this branch from the SS.
Although tactically under the command of the Wehrmacht while in the
field, it remained as much a part of the SS as any other branch of the
organization. Throughout the war it was recruited, trained, administered,
and supplied by the main offices of the SS Supreme Command.
Ideologically and racially its members were selected in conformity with SS
standards.
I shall read a passage relating to the recruiting standards of the Waffen-
SS published in the SS Manual, The Soldier Friend, our Document Number
2825-PS, which appears on Page 7 of the English translation, first
paragraph on Page 36, Paragraph 2 of the original. I quote:
“Today at last is the longed-for day of the entrance examinations
where the examiners and physicians decide whether or not the
candidate is ideologically and physically qualified to do service in
the Waffen-SS. Everyone has acquainted himself with the
comprehensive Manual for the Waffen-SS . . . the principal points

are as follows: ‘1. Service in the Waffen-SS counts as military
service. Only volunteers are accepted.’ ”
THE TRIBUNAL (Mr. Biddle): What is the purpose of reading all this
evidence? What has what you just read got to do with what you are
presenting?
MAJOR FARR: Sir, I want to prove, as I said a moment ago, one thing
first: that the Waffen-SS is an integral, component part of the SS. I want to
establish that it is completely administered and controlled by the Supreme
Command of the SS. That is one thing.
The second thing I want to prove is this: that service in the Waffen-SS is
voluntary service just as membership in the Allgemeine SS or Death’s-Head
Units is voluntary service. It is true that there were some instances towards
the close of the war when a few men were conscripted into the Waffen-SS
but that was the exception and not the rule. In quoting from the recruiting
standards of the Waffen-SS appearing in this booklet, which was published
in 1942 and which indicate that at that time service in the Waffen-SS was
open only to volunteers, I think I am serving the purpose of proving one of
the two points which I think ought to be established.
I want to read, if I may, one further paragraph from that translation. I
shall read the paragraph indicating that service is voluntary. Now I want to
read the third requirement, which shows that service was open only to
persons who could meet the ideological and other standards of the SS as a
whole.
If the Tribunal is satisfied on the point that service in the Waffen-SS is
essentially voluntary and that the Waffen-SS is an integral part of the SS, I
do not want to impose further by reading further evidence.
THE PRESIDENT: I think the Tribunal is satisfied on both those points,
up to the present time, that it is voluntary and is an integral part of the SS.
MAJOR FARR: If the Court is satisfied on both those points, I shall not
pursue, any further, the introduction of this particular evidence.
THE PRESIDENT: It may, as you say, be possible to show that there
were some members conscripted into it at a later date, but we have not had
that evidence yet.
MAJOR FARR: No, Your Honor, you have not.
All I want to show is that the normal thing is that it is voluntary and that
the Waffen-SS is an integral part of the whole organization. If the Court is

completely satisfied on that point I shall proceed no further with the
description of the Waffen-SS.
I shall pass on now then, to a description of the SS Totenkopf Verbände
(the Death’s-Head Units), which are the fourth component to be mentioned.
The origin and purpose of the Totenkopf-Verbände were succinctly
described by D’Alquen in his book, Die SS, our Document Number 2284-
PS. I shall read from Page 10 of the English translation, Paragraph 5, a
passage that appears on Page 20 of the original, Paragraph 3:
“The SS Death’s-Head Units form one part of the garrisoned SS.
They arose from volunteers of the General SS who were recruited
for the guarding of concentration camps in 1933. Their mission,
aside from the indoctrination of the armed political soldier, is the
guarding of enemies of the state who are held in concentration
camps. The SS Death’s-Head Units obligate their members to 12
years’ service. They are composed mainly of men who have
already fulfilled their duty to serve in the Wehrmacht. This time
of service is counted toward the service obligation in the SS
Death’s-Head Units.”
Since the Death’s-Head Units—like the SS Verfügungstruppe—were
composed of well-trained professional soldiers, they were also a valuable
nucleus for the Waffen-SS. The secret Hitler order of 17 August 1938,
Document Number 647-PS, which has already been introduced in evidence,
provided for the tasks of the SS Totenkopf Verbände in the event of
mobilization. The Totenkopf Verbände were to be relieved from the duty of
guarding concentration camps and transferred as a skeleton corps to the SS
Verfügungstruppe. I quote from that order, a passage found on Page 5 of the
translation, Paragraph 4; Page 9 of the original. I quote:
“5) Regulations for the case of the Mobilization.
“The SS Totenkopf Verbände form the skeleton corps for the
reinforcement of the SS Totenkopf Verbände (Polizeiverstärkung)
and will be replaced in the guarding of concentration camps by
members of the General SS who are over 45 years of age and
have had military training.”
If I may point out to the Court, the purpose in offering that bit of
evidence is to show that the foundation was laid for having the Allgemeine

SS (the General SS) take over the duties of guarding concentration camps
after the war had started. The Totenkopf Verbände were originally created
for that purpose. When the war came they went into the Waffen-SS and
their duties were taken over by members of the General SS.
The final component which was specifically referred to in the
Indictment is the SS police regiments. I shall very shortly turn to the steps
by which the SS assumed control over the entire Reich police. Out of the
police special militarized forces were formed originally known as SS police
battalions and later expanded to SS Police Regiments.
I shall quote from Himmler’s Posen speech, our Document Number
1919-PS, Page 3 of the translation, next to the last paragraph; Page 59 of
the original. I quote:
“Now to deal briefly with the tasks of the regular uniformed
police and the Sipo—they still cover the same field. I can see that
great things have been achieved. We have formed roughly 30
police regiments from police reservists and former members of
the police—police officials, as they used to be called. The average
age in our police battalions is not lower than that of the security
battalions of the Armed Forces. Their achievements are beyond
all praise. In addition, we have formed police rifle regiments by
merging the police battalions previously drawn up of the ‘savage
peoples.’ Thus, we did not leave these police battalions untouched
but blended them in the ratio of about 1 to 3.”
The results of this blend of militarized SS police and “savage peoples”
will be seen in the evidence which I shall later introduce relating to
extermination actions conducted by them in the Eastern Territories—
exterminations which were so eminently successful and ruthlessly
conducted that even Himmler could find no words adequate for their
eulogy.
THE PRESIDENT: We will adjourn now for 10 minutes.
[A recess was taken.]

MAJOR FARR: Each of the various components which I have described
played its part in carrying out one or more functions of the SS. The
personnel composing each differed. Some were part-time volunteers; others
professionals enlisted for different periods of time. But every branch, every

department, every member, was an integral part of the whole organization.
Each performed his assigned role in the manifold tasks for which the
organization had been created. No better witness to this fact could be called
upon than the Reichsführer SS whose every endeavor was to insure the
complete unity of the organization. I quote his words, taken from his Posen
speech, our Document 1919-PS, Exhibit Number USA-170. I read from
Page 103 of the original, third line from the bottom of the page, from the
English translation, Page 8:
“It would be an evil day if the main offices, in performing their
tasks with the best, but mistaken, intentions made themselves
independent by each having a downward chain of command. I
really think that the day of my overthrow would be the end of the
SS. It must be, and so come about, that this SS organization with
all its branches—the General SS which is the common basis of all
of them, the Waffen-SS, the regular uniformed police, the Sipo,
with the whole economic administration, schooling, ideological
training, the whole question of kindred is, even under the 10th
Reichsführer SS, one bloc, one body, one organization.”
And continuing about the middle of Page 8 of the translation and at the
bottom of Page 104 of the original speech:
“The regular uniformed police and Sipo, General SS and Waffen-
SS, must now gradually amalgamate, too, just as this is and must
be the case within the Waffen-SS. This applies to matters
concerning filling of posts, recruiting, schooling, economic
organization, and medical services. I am always doing something
towards this end, a bond is constantly being drawn around these
sections of the whole to cause them to grow together. Alas, if
these bonds should ever be loosened, then everything—you may
be sure of this—would sink back quickly into its old
insignificance within one generation.”
I now turn to the underlying philosophy of the SS, the principles by
which its members were selected and the obligations imposed upon them.
To understand this organization the theories upon which it was based must
be kept clearly in mind. They furnish the key to all its activities. It is
necessary, therefore, to consider them in some detail.

The fundamental principle of selection was what Himmler called that of
blood and elite. The SS was to be the living embodiment of the Nazi
doctrine of the superiority of Nordic blood—the carrying into effect of the
Nazi conception of a master race. To put it in Himmler’s own words the SS
was to be a “National Socialist Soldier Order of Nordic Men.” In describing
to the Wehrmacht the reasons behind his emphasis on racial standards of
selection and the manner in which they were carried out he said—and I
quote from our Document 1992(a)-PS, Page 1 of the translation, last
paragraph, Page 138, Paragraph 1 of the original:

“Accordingly, only good blood, blood which history has proved
to be leading and creative and the foundation of every state and of
all military activities, only Nordic blood, can be considered. I said
to myself that should I succeed in selecting from the German
people for this organization as many people as possible, a
majority of whom possess this desired blood, in teaching them
military discipline and, in time, the understanding of the value of
blood and the entire ideology which results from it, then it will be
possible actually to create such an elite organization which would
successfully hold its own in all cases of emergency.”
Further on, on Page 5 of the translation—I beg your pardon, on Page 4
of the translation, first line, Page 140 of the original, bottom paragraph, he
says, referring to the method by which applicants were selected:
“They are very thoroughly examined and checked. Of 100 men
we can use on the average 10 or 15, no more. We ask for the
political record of his parents, brothers and sisters, the record of
his ancestry as far back as 1750, and naturally the physical
examination and his record from the Hitler Youth. Further, we ask
for a eugenic record showing that no hereditary disease exists in
his parents and in his family.”
THE PRESIDENT: I don’t seem to get the point of this. We have
already been told that the SS was a corps d’elite, and all this is showing the
details of the choice.
MAJOR FARR: That is correct; it is showing the details of the choice.
THE PRESIDENT: But that has nothing to do with its being a criminal
organization, has it?
MAJOR FARR: I think it has, Your Honor. I want to make again, if I
may, two points. The very essence of this organization was that of race. Its
racial standards of selection had two purposes: One, making it an
organization which would be an aristocracy not only for Germany, but
which would be in a position to dominate all of Europe. For that purpose,
not only were strict racial standards imposed for selection, but a great drive
was made to perpetuate the SS stock, to build up a group of men who would
be in a position to take over Europe when it was conquered.

There was nothing questionable about that aim. Himmler explicitly said
time and time again: “What we are after is making ourselves the superclass
which will be able to dominate Europe for centuries.” That was one of the
fundamental purposes of the SS, and it was a purpose which was not kept
by Himmler to himself, but a purpose which was explained and publicly
announced again and again.
THE PRESIDENT: You haven’t yet shown us where it was announced,
have you?
MAJOR FARR: I have not, Sir, and I am coming to that very shortly;
but I wanted first to show Your Honor what the racial basis of selection
was. That is, one aspect of the racial selective process. The second is this:
The negative side of the racism. Not only did Himmler intend to build up an
elite which would be able to take over Europe, but he indoctrinated that
elite with hatred for all “inferior,” to use his word, races.
Now, I think unless it is clearly understood that that is the basis of the
SS, we cannot understand the organization. I am quite prepared, if the
Tribunal desires, not to go further into a discussion of the detail of the
process of selection. I do think it important that I quote Himmler’s own
statement—what his aims were. And also I quote to the Tribunal the
publicly announced basis for selection.
With the Tribunal’s permission then, I would like to quote one passage
from the Organization Book for the Nazi Party, which explains the racial
basis on which the SS was founded. That is our Document Number 2640-
PS, which has already been introduced in evidence as Exhibit Number
USA-323. I quote from Page 417 of the German text and from Page 1 of the
translation, fourth paragraph, entitled “Selection of Members.” And I quote
this because this is not a hidden pronouncement. This is what the official
Nazi Party publication said the SS was:
“Selection of members.
“For the fulfillment of these missions a homogeneous, firmly
welded fighting force has been created, bound by ideological
oaths, whose fighters are selected out of the best Aryan humanity.
“The conception of the value of the blood and soil serves as
directive for the selection into the SS. Every SS man must be
deeply imbued with the sense and essence of the National
Socialist movement. He will be ideologically and physically

trained so that he can be employed individually or in groups in
the decisive battle for the National Socialist ideology.
“Only the best and thoroughbred Germans are suited for
commitment in this battle. Therefore it is necessary that an
uninterrupted selection is maintained within the ranks of the SS,
first roughly, then with more and more scrutiny.”
Now I would like to proceed to quote a paragraph on the same page,
three paragraphs down, with respect to obedience. It appears on Page 418 of
the original, second paragraph. I quote:
“Obedience is unconditionally demanded. It arises from the
conviction that the National Socialist ideology must reign. He
who possesses it and passionately supports it, submits himself
voluntarily to the compulsion of obedience. Therefore, the SS
man is prepared to carry out blindly every order which comes
from the Führer or is given by one of his superiors even if it
demands the greatest sacrifice of himself.”
There are stated the two fundamental principles of the SS: (1) racial
selection, (2) blind obedience.
Now, let me state what Himmler conceived that this organization was to
be used for. I quote from his address to the officers of the SS Leibstandarte
“Adolf Hitler” on the Day of Metz, our Document Number 1918-PS,
Exhibit Number USA-304. I quote from Page 12 of the original document,
the middle of the page, from the translation Page 3, last paragraph. I will
begin the translation with the third sentence of that paragraph:
“The ultimate aim for these 11 years during which I have been the
Reichsführer SS has invariably been the same: To create an order
of good blood which is able to serve Germany, which unfailingly
and without sparing itself can be made use of because the greatest
losses can do no harm to the vitality of this order, the vitality of
these men, because they will always be replaced; to create an
order which will spread the idea of Nordic blood so far that we
will attract all Nordic blood in the world, take away the blood
from our adversaries, absorb it so that never again—looking at it
from the viewpoint of the grand policy—will Nordic Germanic
blood in great quantities and to an extent worth mentioning fight

against us. We must get it and the others cannot have it. We never
gave up the ideas and the aim conceived so many years ago.
Everything we have done has taken us some distance further on
the way. Everything we are going to do will lead us further on the
way.”
Now, one further quotation from the same document, which shows very
explicitly why there was the building up of this order of Nordic blood,
appears on Page 3 of the translation, the same document from which I have
just quoted, about the middle of the first paragraph. It appears on Page 11 of
the original speech, about the middle of the page. That is the speech to the
officers of the SS Leibstandarte “Adolf Hitler”:
“Please understand we would not be able to hold the great
Germanic Reich which is about to take shape. I am convinced that
we can hold it, but we have to prepare for that. If once we have
not enough sons, those who come after us will have to become
cowards. A nation which has an average of four sons per family
can venture a war; if two of them die, two transmit the name. The
leadership of a nation having one or two sons per family will have
to be faint-hearted in any decision, on account of their own
experience, because they will have to tell themselves: We cannot
afford it. Look at France, which is the best example. France had
to have her line of action dictated by us.”
Domination of Europe through a Nazi elite required more, however,
than a positive side of racism . . .
THE TRIBUNAL (Mr. Biddle): Is that one of the crimes you allege,
domination of Europe through an elite?
MAJOR FARR: One of the crimes alleged is a conspiracy to dominate
Europe, preparation for aggressive war, leading to the ultimate colonization
of Europe for the benefit of the conspirators. One of the instruments, we
submit, used for carrying out that policy was the SS. The conspirators began
at the very beginning the creation of the SS, to build it up so that it would
be the elite through which Germany would be able to dominate and rule the
conquered territories.
We think that this conception of the SS has played a vital part in the
conspiracy. It has bearing on the whole program of the conspirators. Now,
this certainly, in itself . . .

THE PRESIDENT: Yes, but, Major Farr, what you have to show is not
the criminality of the people who used the weapon but the criminality of the
people who composed the weapon.
MAJOR FARR: I think I have to show two things, certainly the
criminality of the persons who composed the weapons, but it seems to me I
must also show that that weapon played a part in the conspiracy because the
Indictment alleges . . .
THE PRESIDENT: I should have thought you had shown that over and
over again, that the SS were a part of the weapon. If there was a criminal
conspiracy, then the SS were one of the weapons which were used by the
conspirators. But what you have got to show in this part of the case is that
the persons who formed that weapon were criminal and knew of the
criminal objects of the SS.
MAJOR FARR: I quite agree I have to show that. I suppose I have to
show, before showing that the persons involved knew of the criminal aims
of the organization, what those criminal aims were. I was simply attempting
to show the Tribunal that one of those aims which I submit as criminal was
a plan to dominate Europe, and that the SS was one of the means by which
that was to be done.
Now, this is just one aspect of the SS criminality. I am quite ready not to
proceed any further with the point if the Court already has the point, and
thinks that the evidence of that aspect of its criminality is sufficient. I
certainly do not want to labor the point too hard.
I now proceed further with the point as to the building up of the SS as a
racial elite to take over; but I do think one other thing is important, and that
is the negative side of that racism: the hatred for other races. And Himmler
made some very striking points along that line as to what the SS was to be
taught. I quote from his Posen speech, that is, our Document 1919-PS. The
passage in question appears on Page 23 of the original speech, middle of the
page, and will be found on Page 1 of the English translation, third
paragraph. I quote:
“One basic principle must be the absolute rule for the SS man. We
must be honest, decent, loyal, and comradely to members of our
own blood and to nobody else. What happens to a Russian, to a
Czech, does not interest me in the slightest.”

The next few sentences from that same paragraph have already been
read into evidence, and I shall not repeat them. But I do want to quote, in
the same paragraph, the conclusion that Himmler draws from what he just
said. This sentence is about seven lines from the bottom of the paragraph,
beginning:
“That is what I want to instill into this SS and what I believe I
have instilled in them as one of the most sacred laws of the
future.”
Now these principles—that is, the conception of being an elite which
was to take over Europe and the conception of hatred towards inferior races,
which was instilled in the SS—these were principles which were publicly
reiterated over and over again so that the newest recruit was thoroughly
steeped in them.
I quote from Himmler’s Kharkov speech, which appears in the same
Document 1919-PS.
THE TRIBUNAL (Mr. Biddle): Can’t you just give us the meaning of
the speech without quoting from it; can you just refer to it?
MAJOR FARR: I will be very glad to do that, if the Court will take
judicial notice of it. I will refer you to the passage I have in mind. The
passage in question appears on Page 14 of the translation, about 15 lines
from the bottom of the page; it appears on Page 17 of the original, at about
the middle of the page.
In that passage, after having talked at great length about the racial
struggle, Himmler tells his commanding officers—and he is making this
speech to the commanding officers of three divisions of the Waffen-SS—he
tells his officers that the thing which he wants so thoroughly instilled into
every recruit in the organization that he becomes saturated with it, is the
necessity of the SS standing firm and carrying on the racial struggle without
mercy.
On the same point one further quotation—if the Tribunal will bear with
me—and I think this is important because this, again, is a public quotation,
found in the Organization Book of the Party. That is our Document Number
2640-PS. It is a very short passage, appearing on Page 418 of the original
and Page 1 of the English translation, the third paragraph from the end of
the page in the translation:

“He openly and unrelentingly fights the most dangerous enemies
of the State: Jews, Freemasons, Jesuits, and political clergymen.”
Now these were the fundamental principles of the SS: racial superiority
and blind obedience. A necessary corollary of these two principles was
ruthlessness. The evidence that we will introduce on these activities will
show how successfully the SS learned the lesson it was taught.
The SS had to, and did, develop a reputation for terror which was
carefully cultivated. Himmler himself publicly attested it as early as 1936 in
his pamphlet, The SS as an Anti-Bolshevist Fighting Organization, our
Document 1851-PS, which has already been introduced into evidence as
Exhibit Number USA-440. I quote two sentences which appear at Page 29
of the original pamphlet and on Page 4 of the translation, the first two
sentences:
“I know that there are some people in Germany who become sick
when they see these black coats. We understand the reason for
this and do not expect that we shall be loved by too many.”
The role which the SS was required to play demanded that it remain
constantly the essence of Nazism and that its elite quality should never be
diluted.
As evidence that even in 1943 the SS standards were still being
maintained, I offer in evidence a letter written to the Defendant
Kaltenbrunner by Himmler. This letter is our Document Number 2768-PS.
It is a letter from the Reichsführer SS, written at his field command post
and bearing the date 24 April 1943. I offer it as Exhibit Number USA-447. I
quote from the first paragraph of that letter:
“Referring again to the matter which we discussed some time ago
—that is, the admission of Sipo officials into the SS—I wish to
clarify again: I want an admission only if the following
conditions, are fulfilled:
“1. If the man applies freely and voluntarily;
“2. If, by applying strict and peace-time standards, the applicant
fits racially and ideologically into the SS, guarantees according to
the number of his children a really healthy SS stock, and is
neither ill, degenerate, nor worthless.”

Then, continuing with the third paragraph:
“I beg you not only to act accordingly in the future, but especially
also that numerous admissions into the ranks of the SS in the past
be re-examined and revised according to these instructions.”
Now I have appended this to indicate to the Tribunal the normal manner
in which a man became a member of the SS. That is discussed by Himmler
in our Document 1992(a)-PS, at Page 142 of the original and Page 5 of the
translation. If the Court thinks that it can take judicial notice of that
passage, I shall not venture to read it. What it does is to describe how a
young man comes into the SS normally, at the age of 18, serves an
apprenticeship and receives his instructions in SS ideology, takes the SS
oath, receives the SS dagger, and how long he remains in the General SS. I
will not venture to read that paragraph, since I assume that the Court will
take judicial notice of it.
I do think it may be worth quoting the very brief oath which the SS man
takes. That oath is quoted in the Waffen-SS recruiting pamphlet, entitled
The SS Calls You, our Document Number 3429-PS, which I offer in
evidence as Exhibit Number USA-446. The oath appears on Page 18 of that
pamphlet, and on Page 2 of the translation, in the middle of the page. I
quote the oath:
“The Oath of the SS Man:
“I swear to you, Adolf Hitler, as Führer and Reich Chancellor,
loyalty and bravery; I vow to you, and to those you have named
to command me, obedience unto death, so help me God.”
I turn now to a consideration of the activities of the SS, the manner in
which it carried out the purposes of the conspirators and performed its
function of guarding the internal security of the Nazi regime. The proof of
the elite Nazi quality and thorough reliability of the SS—the test by which
it won its spurs—occurred on June 30, 1934, when it participated in the
purge of the SA and other opponents or potential opponents of the Nazi
regime. That was the first real occasion for the use of this specialized
organization which could operate with the blessing of the Nazi State, but
outside the law.
I offer in evidence an affidavit by the Defendant Wilhelm Frick, signed
and sworn to here in Nuremberg on 19 November 1945. It is our Document

Number 2950-PS. I offer it as Exhibit Number USA-448. I shall quote a
portion of that affidavit, beginning about the middle of the first paragraph
of the affidavit, the 10th line in the original. I quote:
“Many people were killed—I don’t know how many—who
actually did not have anything to do with the Putsch. People who
just weren’t liked very well were killed, as for instance,
Schleicher, the former Reich Chancellor. Schleicher’s wife was
also killed; as was Gregor Strasser, who had been the Reichsleiter
and second man in the Party after Hitler. Strasser, at the time he
was murdered, was not active in political affairs any more.
However, he was against the Führer in the elections of November
1932. The SS was used by Himmler for the execution of these
orders to suppress the Putsch.”
It was in recognition of its services in this respect that the SS was
elevated to the status of being a component of the Party equal in rank to the
SA, and other similar ranking. I ask the Court to take judicial notice of a
passage which appears on Page 1 of the Völkischer Beobachter of July 26,
1934. It is our Document Number 1857-PS, Exhibit USA-412. I shall read
the translation of that passage, which is very brief:
“The Reich Press office of the NSDAP announces the following
order of the Führer:
“In consideration of the great meritorious service of the SS,
especially in connection with the events of 30 June 1934, I
elevate it to the standing of an independent organization within
the NSDAP. The Reichsführer SS, like the Chief of Staff, is,
therefore, directly subordinate to the highest SA leader.”
By its action on June 30th, the SS proved itself. It was, therefore, the
type of organization which the conspirators wanted for the first necessary
step in their program, the acquisition of control over the police, because one
of the first steps essential to the security of any regime is control of the
police. The aim of the conspirators was to fuse the SS and the police; to
merge them into a single, unified, repressive force.
I turn now to the consideration of the development whereby the SS and
the police became intermingled. Shortly after the seizure of power the
conspirators began to develop, as a part of the State machinery, secret

political police forces, originating in Prussia in the Gestapo established by
decree of the Defendant Göring in 1933; and this development will be dealt
with in the case against the Gestapo. By 1934 the Reichsführer SS had
become the chief of these secret political police forces in all the states of
Germany except Prussia, and deputy chief of the Prussian Gestapo. In that
capacity he infiltrated these forces with members of the SS until a virtual
identity of membership of the SS and the Gestapo was achieved.
On 17 June 1936, by the “Decree on the Establishment of a Chief of the
German Police,” published in the Reichsgesetzblatt for 1936, Part I, Pages
487 and 488, our Document Number 2073-PS, of which I assume the Court
will take judicial notice, the new post of Chief of the German Police was
created in the Ministry of the Interior. Under the terms of the decree
Himmler was appointed to this post with the title of “Reichsführer SS and
Chief of the German Police in the Ministry of the Interior.”
The combination of these two positions, that of leadership of the SS and
head of all the police forces in the Reich, was no accident but was intended
to establish a permanent relation between the two bodies and not a mere
transitory fusion of personnel. The significance of this combination of these
two positions was referred to by Hitler in his secret order of 17 August 1938
on the organization and mobilization of the SS, our Document Number 647-
PS, which I introduce in evidence as Exhibit Number USA-443 and from
which I will now quote just the preamble, which will be found on the first
page of our Document Number 647-PS and at the beginning of the original
order. I quote:
“By means of the nomination of the Reichsführer SS and Chief of
the German Police in the Ministry of the Interior on June 17, 1936
(Reichsgesetzblatt I, Page 487), I have created the basis for the
unification and reorganization of the German Police. With this
step the Schutzstaffeln of the NSDAP, which were under the
Reichsführer SS and Chief of the German Police even up to now,
have entered into close connection with the duties of the German
Police.”
Upon his appointment Himmler immediately proceeded to reorganize
the entire police force, designating two separate branches: (1) The regular
uniformed police force (Ordnungspolizei, or Orpo, as they were called by
their abbreviated title); and (2) the so-called Security Police, or as they

came to be known by their abbreviated title, Sipo. The Security Police was
composed of all the criminal police in the Reich and all the Gestapo. This
reorganization was achieved by the decree assigning functions to the Office
of the Chief of the German Police, published in the Reichsministerialblatt
for 1936, Pages 946-948, our Document Number 1551-PS. Of that decree I
assume the Court will take judicial notice.
To be head of the Sipo, that is, of the Criminal Police and the Gestapo,
Himmler appointed Reinhard Heydrich, who was at that time the Chief of
the SD, the SS intelligence agency to which I have already referred. Thus,
through Himmler’s dual capacity as Reichsführer SS, and as Chief of the
German Police, and through Heydrich’s dual capacity as head of the SD and
of the Security Police, a unified personal command of the SS and Security
Police Forces was achieved.
But further steps towards unification were taken. In 1939 the Security
Police and the SD, which up to that time was only an agency of the SS,
were both combined in a single department: the Reich Security Main
Office, commonly referred to as RSHA. An important point to be observed
is this: This newly created department, RSHA, was not a mere department
of the Government. It was a dual thing. It was simultaneously an agency of
the Government, organizationally placed in the Ministry of the Interior, and
at the same time, one of the principal departments of the SS,
organizationally placed in the Supreme Command of the SS. This division
in the SS is shown by the chart before you; RSHA being indicated by the
sixth block from the left of the chart. But it was not merely the Gestapo and
Criminal Police which came under the sway of the SS; the regular
uniformed police as well were affected. Like the RSHA, the department of
the Regular Police (the Ordnungspolizei) was also not merely a department
in the Ministry of the Interior, but also simultaneously in the Supreme
Command of the SS. Its position in the SS is indicated by the seventh block
on the chart, on the left.
Now this unity of command between SS and Police was not a mere
matter of the highest headquarters. It extended down to the operating level.
The Court will observe from the chart that the Higher SS and Police Leader
in each region, who was directly subordinate to Himmler, had under his
command both the Security Police (Sipo) and the regular uniformed police
(Ordnungspolizei); and also that these forces, Sipo and Orpo, were not only
under command of the Higher SS and Police Leader, but as indicated by the

blue line, were also under command of the RSHA, and the Department of
the Ordnungspolizei, and the SS. Thus you have organizationally a unity of
command over the SS and the police. This organization was not the only
way by which unity was achieved. Unity of personnel was also achieved.
Vacancies occurring in the police forces were filled by SS members. Police
officials who were in the force were able to join the SS; and schools were
operated by the SS for the police, as well as for the SS officials.
These measures are described in Himmler’s article “Organization and
Obligations of the SS and the Police,” our Document Number 1992(a)-PS.
They are also described in an authoritative book on the police, entitled The
German Police, the book published in 1940, written by Dr. Werner Best, a
ministerial director in the Ministry of the Interior, and a department head in
the Security Police. It bears on its fly-leaf the imprimatur of the Nazi Party,
and the book is listed in the official list of National Socialist bibliography.
Chapter 7 from that book is our Document Number 1852-PS. I offer this
book in evidence as Exhibit Number USA-449.
Through this unity of organization and personnel, the SS and the police
became identified in structure and in activity. The resulting situation was
described in Best’s book, which I have just offered in evidence, our
Document Number 1852-PS, as follows. I quote from Page 7 of that
document, Paragraph 5; from the original book, Page 95, Paragraph 3:
“Thus the SS and the police form one unit, both in their structure
and in their activity, although their individual organizations have
not lost their true individuality and their position in the larger
units of the Party and State administration which are concerned
with other points of view.”
Through the police, the SS was in a position to carry out a large part of
the functions assigned to it. The working partnership between the Gestapo,
the Criminal Police, and the SD under the direction of the Reichsführer SS
resulted in the end in repressive and unrestained police activity. That will be
dealt with in the case against the Gestapo. In considering that evidence, the
Tribunal will bear in mind that the police activities there shown were one
aspect of SS functions, one part of the whole criminal SS scheme. I shall
not, therefore, consider here evidence relating strictly to the police
functions of the SS.