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

Author: Various

Release Date: March 31, 2017 [EBook #54460]

Language: English

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TRIAL

OF

THE MAJOR WAR CRIMINALS

 

BEFORE

 

THE INTERNATIONAL

MILITARY TRIBUNAL

 

NUREMBERG

14 NOVEMBER 1945-1 OCTOBER 1946

 

 

 

 

PUBLISHED AT NUREMBERG, GERMANY

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 Session1
Afternoon Session29
  
Twenty-second Day, Tuesday, 18 December 1945,
Morning Session66
Afternoon Session99
  
Twenty-third Day, Wednesday, 19 December 1945,
Morning Session132
Afternoon Session161
  
Twenty-fourth Day, Thursday, 20 December 1945,
Morning Session194
Afternoon Session228
  
Twenty-fifth Day, Wednesday, 2 January 1946,
Morning Session253
Afternoon Session286
  
Twenty-sixth Day, Thursday, 3 January 1946,
Morning Session308
Afternoon Session340
  
Twenty-seventh Day, Friday, 4 January 1946,
Morning Session374
Afternoon Session407
  
Twenty-eighth Day, Monday, 7 January 1946,
Morning Session440
Afternoon Session475
  
Twenty-ninth Day, Tuesday, 8 January 1946,
Morning Session506
Afternoon Session539

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.

Control over the police was not enough. Potential sources of opposition could be tracked down by the SD. Suspects could be seized by the Criminal Police and the Gestapo, but these means alone would not assure the complete suppression of all opponents and potential opponents of the regime. For this purpose concentration camps were invented. The evidence already presented to the Tribunal has shown what the concentration camp system involved, and the end result of that system was graphically illustrated in the moving pictures displayed about 10 days ago. The responsibility of the SS in that system is a topic to which I now turn.

The first requirement for the camps was guard and administrative personnel. Part-time volunteer members of the Allgemeine SS were originally utilized as guards; but part-time volunteers could not adequately serve the needs of the extensive and long-range program that was planned. So beginning in 1933 full-time professional guards units, the Death’s-Head Units, which I have already described, were organized. During the war, members of the General SS resumed the function of guarding camps, which they had initially undertaken when the camps were created. The Tribunal will recall the provisions of the Hitler order which I read a few moments ago, directing the substitution of General SS members to the Death’s-Head Units in the event of mobilization. It is unnecessary to repeat the evidence of wholesale brutality, torture, and murder committed by SS guards. They were not the sporadic crimes committed by irresponsible individuals but a part of a definite and calculated policy, a policy necessarily resulting from SS philosophy, a policy which was carried out from the initial creation of the camps.

Himmler bluntly stated the SS view as to the inmates of the camps in his article, “Organization and Obligations of the SS and the Police,” Exhibit Number USA-439, our Document 1992(a)-PS. I quote from Page 7 of the translation, last paragraph; from Page 148 of the original, third paragraph:

“It would be extremely instructive for everyone—to some members of the Wehrmacht I could give the opportunity—to inspect such a concentration camp. Once you have seen it, you are convinced of the fact that no one has been sent there unjustly; that it is the offal of criminals and freaks. No better demonstration of the laws of inheritance and race, as set forth by Dr. Guett, exists than such a concentration camp. There you can find people with hydrocephalus, people who are cross-eyed, deformed, half Jewish, and a number of racially inferior products. All that is assembled there. Of course, we distinguish between those inmates who are only there for a few months for the purpose of education and those who are to stay for a long time. On the whole, education consists only of discipline, never of any kind of instruction on an ideological basis, for the prisoners have, for the most part, slave-like souls and only very few people of real character can be found there.”

Then, omitting the next two sentences, he continues with this striking remark:

“Education thus means order. The order begins with these people living in clean barracks. Such a thing can really be accomplished only by Germans; hardly another nation would be as humane as we are. The laundry is frequently changed. The people are taught to wash themselves twice daily and to use a toothbrush, a thing with which most of them have been unfamiliar.”

Having heard the evidence and seen the pictures as to conditions in concentration camps, this Tribunal can appreciate how grim and savage that callous jest was. He made no such pretense in his speech to his own Gruppenführer at Posen, our Document 1919-PS, Exhibit Number USA-170. I quote from Page 43 of the original, last paragraph; from Page 2 of the translation, the first full paragraph.

“I don’t believe the Communists could attempt any action, for their leading elements, like most criminals, are in our concentration camps. And here I must say this: We shall be able to see after the war what a blessing it was for Germany that, in spite of all the silly talk about humanitarianism, we imprisoned all this criminal sub-stratum of the German people in concentration camps. I’ll answer for that.”

But he is not here to answer.

Certainly there was no “silly humanitarianism” in the manner in which SS men performed their tasks. Just as an illustration, I should like to examine their conduct, not in 1944 or 1945, but 1933. I have four reports relating to the deaths of four different inmates of the concentration camp Dachau between May 16 and May 27, 1933. Each report is signed by the Public Prosecutor of the District Court in Munich and is addressed to the Public Prosecutor of the Supreme Court in Munich. These four reports show that during that 2-week period in 1933, at the time when the concentration camps had barely started, that SS men had murdered—a different guard each time—an inmate of the camp.

Now I don’t want to take the time of the Tribunal to read that evidence if it feels that it is a minor point. The significance of it is this: It is just an illustration of the sort of thing that happened in the concentration camps at the earliest possible date, in 1933. I am prepared to offer those four reports in evidence and to quote from them, if the Tribunal thinks that the point is not too insignificant.

THE PRESIDENT: Where are they?

MAJOR FARR: They are right here. I will offer them in evidence. The first is our Document Number 641-PS. It is a report dated 1 June 1933 and relates the death of Dr. Alfred Strauss, a prisoner in protective custody in Dachau. I offer it in evidence as Exhibit Number USA-450. I shall read a few paragraphs from that report, beginning with Paragraph 1:

“On May 24, 1933, the 30-year-old, single, attorney-at-law, Dr. Alfred Strauss from Munich, who was in the concentration camp Dachau as a prisoner under protective custody, was killed by two pistol shots from SS Man Johann Kantschuster who escorted him on a walk, prescribed for him by the camp doctor, outside the fenced part of the camp.


“Kantschuster gives the following report: He himself had to urinate; Strauss proceeded on his way. Suddenly Strauss broke away towards the bushes located at a distance of about 6 meters from the line. When Kantschuster noticed it, he fired two shots at the fugitive from a distance of about 8 meters; whereupon Strauss collapsed dead.


“On the same day, May 24, 1933, a judicial inspection of the locality took place. The corpse of Strauss was lying at the edge of the wood. Leather slippers were on his feet. He wore a sock on one foot, while the other foot was bare, obviously because of an injury to this foot. Subsequently an autopsy was performed. Two bullets had entered the back of the head. Besides, the body showed several black and blue spots and also open wounds.”

Skipping now to the last paragraph of the report:

“I have charged Kantschuster today with murder and have made application for the opening and execution of a judicial preliminary investigation as well as for the issuance of a warrant of arrest against him.”

That is the first of the four reports. The significance is that you have, one after the other, murders committed within a short space of time. And, in each instance, an official report by the camp commander or the guard as to the cause of death which was completely disproved by the facts.

The second report, a report dated 1 June 1933, relates to the death of Leonhard Hausmann, another prisoner in Dachau. It is our Document 642-PS and I offer it in evidence as Exhibit Number USA-451.

THE PRESIDENT: I don’t think you need read the details.

MAJOR FARR: I will offer it without reading it.

The third report which I shall offer is dated 22 May 1933. It relates to the death of Louis Schloss, an inmate of Dachau, and is our Document 644-PS. I offer it in evidence as Exhibit Number USA-452.

The fourth document, our Number 645-PS, dated 1 June 1933, relates to the death of Sebastian Nefzger, another Dachau prisoner. I offer this in evidence as Exhibit Number USA-453.

These four murders committed within the short space of 2 weeks in the spring of 1933, each by different SS guards, are but a few examples of SS activities in the camps at that very early date. Many similar examples from that period and later periods could be produced.

Indeed, that sort of thing was officially encouraged. I call the Tribunal’s attention to the disciplinary Regulation for the Dachau Concentration Camp, our Document 778-PS, which has already been introduced in evidence as Exhibit Number USA-247. I want to read the fourth paragraph of the introduction to those rules, a passage which was not read when the document was originally introduced. The fourth paragraph on the first page of the translation and of the original is as follows:

“Tolerance means weakness. In the light of this conception, punishment will be mercilessly handed out whenever the interests of the Fatherland warrant it. The fellow countryman who is decent but misled will never be affected by these regulations. But let it be a warning to the agitating politicians and intellectual provocateurs, regardless of which kind: Be on guard not to be caught, for otherwise it will be your neck and you will be silenced according to your own methods.”

Those regulations were issued in 1933 by SS Führer Eicke, who, it is to be noted, was the commandant of the SS Totenkopf Verbände.

Furnishing guard and administrative personnel was not the only function of the SS with relation to the camps. The entire internal management of the camps, including the use of prisoners, their housing, clothing, sanitary conditions, the determination of their very right to live, and the disposal of their remains, was controlled by the SS. Such management was first vested in the Leader of the SS Death’s-Head Units who had the title of Inspector of Concentration Camps. This official was originally in the SS Hauptamt—represented on the chart by the second box from the left.

During the course of the war, in March 1942, control of concentration camps was transferred to another of the departments of the SS Supreme Command, the SS Economic and Administration Department, commonly known as WVHA. That department is indicated on the chart by the 3rd box from the left. And the Court will note under the top box the breakdown “Concentration Camps” which in turn is broken down into “Prison,” “Labor,” “Medical,” and “Administration.”

That change was announced in a letter to Himmler, dated 30 April 1942, from the Chief of WVHA. The letter is our Document Number R-129 and it has already been received in evidence as Exhibit Number USA-217. I shall not quote from that letter now.

This shift of control to WVHA, the economic department of the SS, coincided with a change in the basic purposes of the concentration camps. Political and security reasons, which previously had been the ground for confinement, were abandoned; and the camps were frankly made to serve the slave-labor program. The Tribunal will recall the evidence relating to that program which was presented last week by Mr. Dodd. I shall not deal at any length with the matter again, except to summarize the principal facts bearing on SS responsibility which were demonstrated by that evidence.

To satisfy the increased demands for manpower it was not enough to work the inmates of the camp harder. More inmates had to be obtained. The SS, through its police arm, was prepared to satisfy this demand, as through the WVHA it was prepared to work those who were already in the camp.

THE PRESIDENT: Have you got any figures you can give the Tribunal as to the total numbers in the SS and the total numbers who were employed on concentration camps? If you gave us the total number of the SS and the total number employed in concentration camps, we should see what the proportion was.

MAJOR FARR: I think I can only give you these figures: I earlier quoted some figures from D’Alquen in his book published in 1939, in which he said that the total strength of the General SS was about 240,000. That is the General SS, which was not at that time engaged in the guarding of concentration camps. The Totenkopf Verbände (the Death’s-Head Units) at that time consisted of some three or four regiments at the most. They were the guards; so that of the personnel who were employed in actual guard duty there were, in 1939, about three or four regiments.

The Court will recall that after the war had started, the Totenkopf Verbände were no longer employed in that duty and that the members of the General SS took it up. How many were employed is something that is difficult to estimate. The concentration camp program was constantly expanding; and of course, as more camps were added more personnel was needed. I can’t give the Tribunal figures on the number of persons involved in guarding the camps, but one of the matters I think significant is this: We have not only guards, we have administrative personnel; we have the whole of the WVHA which, as I want to show by evidence, had complete control of the management of the concentration camps. The members of the staff office, WVHA, were derived from the General SS; so you have on the one hand the guard personnel, Death’s-Head Units up to 1939, and then you have after 1939 more guards from the Allgemeine SS. You have, after 1939, more guards from the General SS and also administrative personnel from WVHA.

I do not have figures on how many persons were engaged in one or another phase of the concentration camp activities. You have, of course, the SD and Security Police involved in it, insofar as they went out and seized victims. You have WVHA, the entire administrative personnel of that section involved in it, insofar as they handled administrative matters.

Some conception of the number of persons who must have been engaged in the activity may be gained from noting the number of persons involved in a camp. I have a document, a report by WVHA in August 1944, which reports the number of prisoners who were then on hand in the camps and the new arrivals who were expected. That document is our Document Number 1166-PS, which I will now offer in evidence as Exhibit Number USA-458.

THE PRESIDENT: I don’t think we had better go into that tonight. What will you be dealing with tomorrow?

MAJOR FARR: Tomorrow, Sir, I intend to offer evidence showing how WVHA and other SS personnel were involved in the control of every phase of the concentration camp program. That is the first thing. The second thing is to point out the role that the SS played in the persecution of the Jews and their extermination; not with a view to repeating the substantive evidence to show that such acts took place, but to show how many components, how many parts, of the organization were involved in that program.

Then I shall consider the role of the SS with respect to preparations for aggressive war and the Crimes against Peace—a relatively brief discussion—and then pass on to the role that the SS played in War Crimes and Crimes against Humanity, set out in Counts Three and Four of the Indictment; and finally, the role of the SS in the colonization program.

THE PRESIDENT: Colonization?

MAJOR FARR: That may be an unfortunate word. Perhaps I should have said Germanization program, a program of resettlement, evacuation, colonization, and exploitation of the conquered territories.

Those, I think, are the four main functions of the SS which remain to be considered; and I shall endeavor not to go again into the substantive crimes which have already been shown to the Tribunal, but to try to show how almost every department—in fact, every department of the SS and every component—was involved in one or more—and mostly more—of these crimes.

THE PRESIDENT: The Tribunal hopes that you will be able to confine yourself to the reading of evidence which is not cumulative.

MAJOR FARR: I have that in mind and I don’t intend to do that except to show the figures and components of the SS which were involved in various programs.

THE PRESIDENT: Very well.

[The Tribunal adjourned until 20 December 1945 at 1000 hours.]


TWENTY-FOURTH DAY
Thursday, 20 December 1945

Morning Session

MAJOR FARR: May it please the Tribunal, when the Tribunal rose yesterday, we were discussing the number of persons who might be involved in the concentration camp program with which the SS was concerned. Nothing better illustrates the integrated character of the whole organization than the concentration camp program.

WVHA, one of the departments of the Supreme Command, handled the administration and control of that camp program and dealt with the victims once they were in the camp. They were assisted by the Death’s-Head Units, who furnished the guard personnel for the camps, and subsequently by the Allgemeine SS, which took over guard duties during the war.

RSHA played a part in the concentration camp program—the police arm of the SS—because through it the victims were apprehended and taken to the camps. Thus the SD appears in the picture, the personal staff, the first department of the Supreme Command, sort of the top office of the whole organization, and naturally it had much to do with the work of all subordinate departments.

Thus when the question is asked how many persons in the SS had something to do with the concentration camp program, it is a question which I think it is impossible to answer. You may point out how many persons were involved in the Death’s-Head Units, who originally furnished the guard details; you might estimate how many persons were in the Allgemeine SS, but to say just what percentage of the whole organization was involved in that program, is something which I find myself unable to do.

I had just pointed out . . .

THE PRESIDENT: Can you say that one or another branch of the SS provided the whole of the staff of the concentration camps?

MAJOR FARR: By the staff, I take it, you mean guards at the camp, the camp personnel. You cannot do that. For example, the Death’s-Head Units originally started off as being the units which furnished all the guard personnel. Subsequently, their task was taken over by members of the Allgemeine SS.

THE PRESIDENT: Those are both branches of the SS?

MAJOR FARR: Both are branches, yes. Now with respect to the camp commandants, for instance, normally all high ranking officers in the SS were members of the Allgemeine SS, so doubtless such personnel would be drawn from that branch. It is certainly not beyond question that some members of the Waffen-SS may have been called on to act as guards in certain camps. I do not think that you can say that there is no component of the SS which may not have had some of its personnel involved in the program.

THE PRESIDENT: That wasn’t exactly what I meant. What I meant was: Could you say that one or other branches of the SS furnished the whole staff of the concentration camps?

MAJOR FARR: I don’t think I can say that. I think I could say this . . .

THE PRESIDENT: What other organization was it that furnished a part of the staff of the concentration camps?

MAJOR FARR: You mean an organization other than the SS?

THE PRESIDENT: Yes.

MAJOR FARR: I know of none.

THE PRESIDENT: Then the answer would be “yes” then?

MAJOR FARR: I thought Your Honor was referring to any one branch of the SS which was concerned alone with that. The SS, so far as I know, is the only organization which played a part in the concentration camp picture, except at the very end of the war when I think, as Colonel Storey said yesterday, some members of the SA were also involved as guard personnel of concentration camps.

THE TRIBUNAL (Mr. Biddle): Do you know the total personnel at the end of the war?

MAJOR FARR: Of the entire SS?

THE TRIBUNAL (Mr. Biddle): Yes.

MAJOR FARR: That is something you would have to estimate. I quoted to the Tribunal yesterday the figures that D’Alquen gave as the strength of the Allgemeine SS in 1939. He said then that there were about 240,000 men in the Allgemeine SS. There were, at that time, about four regiments of Death’s-Head Units, several other regiments of the Verfügungstruppe, a few thousand personnel involved in the SD, so that I should say in 1939 you had about 250,000 to 300,000 members of the SS. With the outbreak of the war, the Waffen-SS was built up from a few regiments of the Verfügungstruppe to about 31 divisions at the end of the war, which probably would mean that the Waffen-SS by 1945 had had some 400,000 to 500,000 persons involved. I take it that 400,000 to 500,000 members of the Waffen-SS would be in addition to personnel of the Allgemeine SS, who were subject to compulsory military service in the Wehrmacht. So that, if I had to estimate, I would say that probably some 750,000 persons would be the top figure of personnel who had been involved in the SS from the beginning, but that is an estimate.

THE TRIBUNAL (Mr. Biddle): Then you have no breakdown to show how many of those were civilians, clerks, stenographers, soldiers, and so on?

MAJOR FARR: No. When we are talking about SS members, we are not talking about stenographers who worked in the office, who were not members of the SS. By SS members, we mean personnel who took the oath and appeared on the membership list, either as a member of the Allgemeine SS, the Death’s-Head Units, or the Waffen-SS. I would think that my figure of 750,000 was a figure including members of the SS, Allgemeine SS, the Totenkopf Verbände, and the Waffen-SS.

I was pointing out the shift of control of concentration camps to WVHA in 1942, which was coincident with the shift in the basic purpose of the camps, which heretofore has been concerned with custody of individuals for political and security reasons. Now the basic purpose of the camps was to furnish manpower, and I now want to point out to the Court the agencies of the SS which were involved in that manpower drive.

The Tribunal has already received evidence of an order which was issued in 1942, shortly after the transfer to WVHA of concentration camp control, directing Security Police to furnish at once 35,000 prisoners qualified for work in the camps. That order is our Document 1063-PS, and was received in evidence as Exhibit Number USA-219.

Thirty-five thousand prisoners were, of course, merely the beginning. The SS dragnet was capable of catching many more slaves. I offer in evidence a carbon, typewritten copy of a directive to all the departments of the SS Supreme Command, issued from Himmler’s field headquarters on August 5, 1943. It is our Document Number 744-PS. I offer it as Exhibit Number USA-455. That directive appears on Page 2 of the translation. It implements an order signed by the Defendant Keitel directing the use of all males captured in guerilla fighting in the East for forced labor. The Keitel directive appears on Page 1 of the translation.

I shall read only the Himmler directive appearing on Page 2 of the translation. The Tribunal will note that it is addressed to every main office of the SS Supreme Command. I read that list of addressees of the directive:

“(1) Chief of the personnel staff of Reichsführer SS; (2) SS Main Office; (3) Reich Security Main Office; (4) Race and Resettlement Main Office; (5) Main Office, Ordinary Police; (6) SS Economic Administrative Main Office; (7) SS Personnel Main Office; (8) Main Office SS Court; (9) SS Supreme Command, Headquarters of the Waffen-SS; (10) Staff Headquarters of the Reich Commissioner for the Consolidation of Germanism; (11) Main Office Center for Racial Germans; (12) Office of SS Obergruppenführer Heissmeyer; (13) Chief of the anti-partisan combat. . . .”

I point out to the Court that every one of the main offices appearing on the chart is a recipient of that directive. The next addressees are the Higher SS and Police Leaders in the various regions.

I continue to quote the body of the directive:

“Referring to Item 4 of the above-mentioned order, I order that all young female prisoners capable of work are to be sent to Germany for work, through the agency of Reich Commissioner Sauckel.


“Children, old women, and old men are to be collected and put to work in the women’s and children’s camps established by me on estates, as well as on the border of the evacuated area.”

In April 1944 the SS was called on to produce even more laborers—this time 100,000 Jews from Hungary. The Tribunal will recall the minutes of the Defendant Speer’s discussion with Hitler on April 6 and 7, 1944, which were found in our Document R-124 at Page 36 and were read to the Court in evidence as Exhibit Number USA-179—minutes in which Speer referred to Hitler’s statement that he would call on the Reichsführer SS to produce 100,000 Jews from Hungary.

The last source of manpower had not been tapped. To Jews, deportees, women, and children, there was added the productive power of prisoners of war. It was through the SS that the conspirators squeezed the last drop of labor from such prisoners.

I refer to a statement by the Defendant Speer which appears in our Document R-124 at Page 13 of the translation, the document itself having already been introduced in evidence as Exhibit Number USA-179. The statement is found at Page 7, last paragraph of the original, Page 13 of our Document R-124, the next to the last paragraph on Page 13. That appears in Volume 2 of the document book. I quote:

“Speer: ‘We have to come to an arrangement with the Reichsführer SS as soon as possible so that PW’s he picks up are made available for our purposes. The Reichsführer SS gets from 30,000 to 40,000 men per month.’ ”

In order to insure SS control over the labor of prisoners of war, the Reichsführer SS was finally appointed as head of all prisoner-of-war camps on 25 September 1944. I offer in evidence the letter referring to his appointment. It is our Document 058-PS. It is Exhibit Number USA-456. It will be found in Volume 1 of the document book. That letter is a circular letter from the Director of the Party Chancellery dated 30 September 1944 and signed “M. Bormann.” I quote, beginning with the first paragraph of that letter:

“1. The Führer has ordered under the date of 25 September 1944:


“ ‘The custody of all prisoners of war and interned persons, as well as prisoner-of-war camps and installations with guards, are transferred to the Commander of the Reserve Army from 1 October 1944.’ ”

Passing to Paragraph 2 of the letter, I shall read Subparagraphs (a) and (c); I quote:

“2. The Reichsführer SS has commanded:


“(a) In my capacity as Commander of the Reserve Army, I transfer the affairs of prisoners of war to SS Obergruppenführer and General of the Waffen-SS, Chief of Staff of the Volkssturm, Gottlob Berger.”

Skipping now to Subparagraph (c):

“(c) The mobilization of labor of the prisoners of war will be organized in joint action of SS Obergruppenführer Berger and SS Obergruppenführer Pohl with the appropriate offices for allocation of labor.


“The strengthening of security in the field of prisoner-of-war affairs is to be accomplished between SS Obergruppenführer Berger and the Chief of the Security Police, SS Obergruppenführer Dr. Kaltenbrunner.”

Thus the SS finally took over direction and control of prisoner-of-war-camps.

So impressive were the results obtained from SS concentration camp labor that in 1944 the Defendant Göring called on Himmler for more inmates for use in the aircraft industry. The Tribunal will recall his teletype to Himmler, our Document 1584-PS, Part 1, which was read in evidence by Mr. Dodd as Exhibit Number USA-221. Let me now read Himmler’s reply to that teletype. It is our Document 1584-PS, Part 3, and will be found on Page 2. I offer it in evidence as Exhibit Number USA-457. I quote the beginning of that letter:

“Most Honored Reich Marshal:


“Following my teletype letter of 18 February 1944, I herewith transmit a survey on the employment of prisoners in the aviation industry.


“This survey indicates that at the present time about 36,000 prisoners are employed for the purposes of the Air Force. An increase to a total of 90,000 prisoners is contemplated.


“The production program is being discussed, established, and executed by the Reich Ministry of Aviation and the chief of my Economic Administrative Main Office, SS Obergruppenführer and General of the Waffen-SS Pohl.


“We assist with all the forces at our disposal.


“The task of my Economic Administrative Main Office, however, is not solely fulfilled with the allocation of the prisoners to the aviation industry, as SS-Obergruppenführer Pohl and his assistants take care of the required working speed through constant control and supervision of the work-groups (Kommandos) and therefore have some influence on the results of production. In this respect I may suggest consideration of the fact that in enlarging our responsibility through a speeding-up of the total work, better results can definitely be expected.”

I pass now to the last two paragraphs of the letter, which will be found on the next page of the translation:

“The movement of manufacturing plants of the aviation industry to subterranean locations requires further employment of about 100,000 prisoners. The plans for this employment on the basis of your letter of 14 February 1944 are already under way.


“I shall keep you, most honored Reich Marshal, currently informed on this subject.”

Incidentally, I might call to the Tribunal’s attention the fact that SS Obergruppenführer Pohl, who was head of the WVHA, was also a general of the Waffen-SS, which goes to show that there is no manner in which you can characterize functions in the SS.

The extent to which the number of prisoners was increased through SS efforts is illustrated by our Document 1166-PS, which I offered in evidence yesterday as Exhibit Number USA-458. That document is a report from Office Group D of WVHA, dated 15 August 1944. I shall read the first page of that report, beginning:

“With reference to the above-mentioned telephone call, I am sending herewith a report on the actual number of prisoners for 1 August 1944 and of the new arrivals already announced, as well as the clothing report for 15 August 44.


“(1) The actual number on 1 August 44 consisted of: a) male prisoners, 379,167; b) female prisoners, 145,119.


“In addition, there are the following new arrivals already announced:


“1) From the Hungary program (anti-Jewish action), 90,000; 2) from Litzmannstadt (police prison and ghetto), 60,000; 3) Poles from the Government General, 15,000; 4) convicts from the Eastern Territories, 10,000; 5) former Polish officers, 17,000; 6) from Warsaw (Poles), 400,000; 7) continued arrivals from France approximately 15,000 to 20,000.


“Most of the prisoners are already on the way and will be received into the concentration camps within the next few days.”

This intensive drive for manpower to some extent interfered with the program which WVHA had already undertaken to exterminate certain classes of individuals in the camps. I offer a photostatic copy of a letter from WVHA, dated 27 April 1943, our Document 1933-PS. It is Exhibit Number USA-459. The letter is addressed to a number of concentration camp commanders, is signed by Glücks, SS Brigade Führer and Major General of the Waffen-SS. I read the letter:

“The Reichsführer SS and Chief of the German Police has decided after consultation, that in the future only mentally sick prisoners may be selected for action 14-F-13 by the medical commissions appointed for this purpose.


“All other prisoners incapable of working (tubercular cases, bedridden cripples, et cetera) are to be basically excepted from this action. Bedridden prisoners are to be drafted for suitable work which they can perform in bed.


“The order of the Reichsführer SS is to be obeyed strictly in the future.


“Therefore requests for fuel for this purpose are unnecessary.”

The action “14-F-13” is not defined in the letter, but it is perfectly apparent what it means. Every human being, bedridden, crippled, no matter what his physical condition, from whom any work at all could be extracted was to be excepted from the action. Only the insane, from whom nothing could be expected, were to suffer the action. What could the action be? It is perfectly apparent. The action was extermination.

The SS, however, was to some extent enabled to achieve both goals: that of increased production and of elimination of undesirables. The Tribunal will recall the agreement between Minister of Justice Thierack and Himmler on September 18, 1942, our Document 654-PS, which was read in evidence by Mr. Dodd as Exhibit Number USA-218. I am not going to quote again from that document but will remind the Tribunal that the agreement provided for the delivery of anti-social elements after the execution of their sentences to the Reichsführer SS to be worked to death.

The conditions under which such persons worked in the camps were well calculated to lead to their death. Those conditions were regulated by the WVHA. As an illustration of WVHA management, I call the Court’s attention to our Document 2189-PS, which I offer in evidence as Exhibit Number USA-460. It is an order directed to commandants of concentration camps, dated 11 August 1942, and bearing the facsimile signature, which does not appear on the translation but does appear on the original, of SS Brigade Führer and General of the Waffen-SS Glücks, who was Chief of Office Group D of WVHA. That is Document Number 2189-PS. I will read the body of that letter:

“The Reichsführer SS and Chief of the German Police has ordered that punishment by beating will be executed in concentration camps for women by prisoners under the ordered supervision.


“In order to co-ordinate this order the Main Office Chief SS of the Economic Administration Main Office, SS Obergruppenführer and General of the Waffen-SS Pohl, has ordered, effective immediately, that punishment by beating will also be executed by prisoners in concentration camps for men.


“It is forbidden to have foreign prisoners execute the punishment on German prisoners.”

Even after their death the prisoners did not escape the management of WVHA. I refer the Court to our Document 2199-PS, a letter to commanders of concentration camps dated 12 September 1942 and signed by the Chief of the Central Office Group D of WVHA, SS Obersturmbannführer Liebehenschel. I offer this as Exhibit Number USA-461. I shall read the body of that directive, which appears on Page 1 of the translation. I quote:

“According to a communication of the Chief of the Security Police and the SD, and conforming to a report of the Chief of the Security Police and the SD in Prague, urns of deceased Czechs and Jews were sent for burial to the home cemeteries within the Protectorate.


“In view of different events (demonstrations, erecting of posters inimical to the Reich on urns of deceased inmates in the halls of cemeteries of the home communities, pilgrimages to the graves of deceased inmates, et cetera) within the Protectorates, the delivery of urns with the ash remnants of deceased nationals of the Protectorate and of Jews is henceforth prohibited. The urns shall be preserved within the concentration camps. In case of doubt about the preservation of the urns oral instructions shall be available at this agency.”

The SS indeed regarded the inmates of concentration camps as its own personal property to be used for its own economic advantage. The Tribunal will recall that as early as 1942 the Defendant Speer recognized that the SS was motivated by the desire for further profits when he suggested to Hitler that the SS receive a share of the war equipment produced by concentration camp labor in ratio to the working hours of the prisoners. I refer to our Document R-124, at Page 36, which was read into evidence by Mr. Dodd as Exhibit Number USA-179. The Führer agreed that a 3 to 5 percent share should satisfy the SS commanders. Himmler himself frankly admitted his intention to derive profits for SS purposes from the camp in his Metz speech to the officers of the SS Leibstandarte “Adolf Hitler,” our Document 1918-PS, Exhibit Number USA-304—the passage in question being found at the top of Page 3 of the English translation and on Page 10 of the original German, 7 lines from the bottom. The passage begins:

“The apartment-building program, which is the prerequisite for a healthy and social basis of the entire SS, as well as of the entire leadership corps, can be carried out only when I get the money for it from somewhere. Nobody is going to give me the money. It must be earned, and it will be earned by forcing the scum of mankind, the prisoners, the professional criminals, to do positive work. The man guarding those prisoners serves harder than the one on close-order drill. The one who does this and stands near these utterly negative people will learn within 3 to 4 months—and we shall see. In peacetime, I shall form guard battalions and put them on duty for 3 months only. They will learn to fight the inferior beings; and this will not be a boring guard duty, but if the officers handle it right, it will be the best indoctrination on inferior beings and inferior races. This activity is necessary, as I said, 1) to eliminate these negative people from the German people; 2) make them work once more for the great national community by having them break stones and bake bricks, so that the Führer can again erect his grand buildings; and 3) to in turn invest the money, earned soberly this way, in houses, in ground, in settlements, so that our men can have houses in which to raise large families and have many children. This in turn is necessary because we stand or die with this leading blood of Germany; and if the good blood is not reproduced, we will not be able to rule the world.”

One final aspect of SS control over concentration camps remains to be mentioned. That is its direction of the program of biological experiments on human beings, which was carried on in the camps. Just a few days ago another military tribunal passed judgment on some of those who participated in the experiments at Dachau.

THE PRESIDENT: There is no date on that document you just read, is there?

MAJOR FARR: There appears to be no date on the English translation. The original document bears the notation of a speech in April 1943.

At a later stage in this case, evidence of some of the details of this program of experiments will be presented. It is not my purpose to deal with those experiments from the substantive aspect. I shall show only that they were the result of SS direction and that the SS played a vital part in their successful execution.

The program seems to have originated in a request by a Dr. Sigmund Rascher to Himmler for permission to utilize persons in concentration camps as material for experiments with human beings in connection with some research he was conducting on behalf of the Luftwaffe. I refer to our Document 1602-PS, a photostatic copy of a letter dated 15 May 1941, addressed to the Reichsführer SS, and signed “S. Rascher.” I offer it as Exhibit Number USA-454. I shall quote from the second paragraph of the translation, the fourth paragraph of the original letter. I quote:

“For the time being I have been assigned to the Luftgaukommando VII, Munich, for a medical course. During this course where researches on high-altitude flights play a prominent part (determined by the somewhat higher ceiling of the English fighter planes), considerable regret was expressed at the fact that no tests with human material had yet been possible for us, as such experiments are very dangerous and nobody volunteers for them. I put, therefore, the serious question: Can you make available two or three professional criminals for these experiments? The experiments are made at Bodenständige Prüfstelle für Höhenforschung der Luftwaffe, Munich. The experiments, by which the subjects may, of course, die, would take place with my co-operation. They are essential for researches on high-altitude flight and cannot be carried out, as has been tried, with monkeys, who offer entirely different test-conditions. I have had a very confidential talk with the deputy of the Surgeon of the Air Force, who makes these experiments. He is also of the opinion that the problem in question could only be solved by experiments on human persons. (Feeble-minded could also be used as test material.)”

Dr. Rascher promptly received assurance from the SS that he would be allowed to utilize concentration camp inmates for his experiments.

I refer to our Document 1582-PS, a letter dated 22 May 1941, addressed to Dr. Rascher, and bearing the stamp of the Personal Staff of the Reichsführer SS, and the initials, “K Br,” which initials are those of SS Sturmbannführer Karl Brandt. I offer this letter as Exhibit Number USA-462. I quote the first two paragraphs of that letter:

“Dear Dr. Rascher:


“Shortly before flying to Oslo, the Reichsführer SS gave me your letter of 15 May 1941 for partial reply.


“I can inform you that prisoners will, of course, be gladly made available for the high-flight researches. I have informed the Chief of the Security Police of this agreement of the Reichsführer SS, and requested that the competent official be instructed to get in touch with you.”

The altitude experiments were conducted by Rascher; and in May 1942 General Field Marshal Milch, on behalf of the Luftwaffe, expressed his thanks to the SS for the assistance it furnished in connection with the experiments.

I refer to our Document 343-PS which will be found in Volume I of the document book. I offer an original letter, dated 20 May 1942, addressed to SS Obergruppenführer Wolff, and signed E. Milch, as Exhibit Number USA-463. That letter, which appears on Page 2 of the translation and on Page 1 of the original German, is as follows:

“Dear Wolff”—the German says, “Liebes Wölffchen”:


“In reference to your telegram of 12 May, our sanitary inspector reports to me that the altitude experiments carried out by the SS and Air Force at Dachau have been finished. Any continuation of these experiments seems not to be necessary. However, the carrying out of experiments of some other kind, in regard to perils on the high seas, would be important. These have been prepared in immediate agreement with the proper offices; Major Weltz (Medical Corps) will be charged with the execution and Captain Rascher (Medical Corps) will be made available until further orders in addition to his duties within the Medical Corps of the Air Corps. A change of these measures does not appear necessary, and an enlargement of the task is not considered pressing at this time.


“The low-pressure chamber would not be needed for these low-temperature experiments. It is urgently needed at another place and therefore can no longer remain in Dachau.


“I convey the special thanks from the Supreme Commander of the Air Corps to the SS for their extensive co-operation.


“I remain with best wishes for you in good comradeship and with Heil Hitler! Always yours, E. Milch.”

THE PRESIDENT: Major Farr, hadn’t you better read the letter on the preceding page? It may be capable of an explanation.

MAJOR FARR: The letter on the preceding page, dated 31 August 1942, is also from General Field Marshal Milch, and is addressed to the Reichsführer SS. It reads as follows:

“Dear Mr. Himmler:


“I thank you very much for your letter of the 25th of August. I have read with great interest the reports of Dr. Rascher and Dr. Romberg. I am informed about the current experiments. I shall ask the two gentlemen to give a lecture, combined with the showing of motion pictures, to my men in the near future.


“Hoping that it will be possible for me to see you at the occasion of my next visit to headquarters, I remain with best regards and Heil Hitler! Yours, E. Milch.”

Having finished his high-altitude experiments, Dr. Rascher proceeded to experiment with methods of rewarming persons who had been subjected to extreme cold. I refer to our Document 1618-PS, which is an intermediate report on intense chilling experiments which had been started in Dachau on 15 August 1942. That report, signed by Dr. Rascher, I offer in evidence as Exhibit Number USA-464. I shall read only a few sentences from the report, beginning with the first paragraph:

“Experimental procedure.


“The experimental subjects (VP) were placed in the water, dressed in complete flying uniform, winter or summer combination, and with an aviator’s helmet. A life-jacket made of rubber or kapok was to prevent submerging. The experiments were carried out at water temperatures varying from 2.5° to 12° (centigrade). In one experimental series the neck (brain stem) and the back of the head protruded above the water, while in another series of experiments the neck (brain stem) and the back of the head were submerged in the water. “Electrical measurement gave low temperature readings of 26.4° in the stomach and 26.5° (centigrade) in the rectum. Fatalities occurred only when the brain stem and the back of the head were also chilled. Autopsies of such fatal cases always revealed large amounts of free blood, up to a half liter, in the cranial cavity. The heart invariably showed extreme dilation of the right chamber. As soon as the temperature in these experiments reached 28°, the experimental subjects (VP) were bound to die despite all attempts at resuscitation.”

I skip now to the last paragraph of the report. I quote:

“During attempts to save severely chilled persons, it was evident that rapid rewarming was in all cases preferable to a slow rewarming because, after removal from the cold water, the body temperature continued to sink rapidly. I think that for this reason we can dispense with the attempt to save intensely chilled subjects by means of animal warmth.


“Rewarming by animal warmth—animal bodies or women’s bodies—would be too slow.”

Although Rascher was thus of the preliminary opinion that rewarming by women’s bodies would be too slow, means for conducting such experiments were nevertheless placed at his disposal. I refer to our Document 1583-PS, a photostatic copy of a letter from Reichsführer SS Himmler addressed to General Pohl, dated 16 November 1942. I offer it as Exhibit Number USA-465. I shall read just the first two paragraphs of that letter:

“Dear Pohl:


“The following struck me during my visit to Dachau on the 13th of November 1942 regarding the experiments conducted there for the saving of people whose lives are endangered through intense chilling in ice, snow, or water, and who are to be saved by the employment of every method or means:


“I had ordered that suitable women are to be set aside from the concentration camp for these experiments for the warming of those who were exposed. Four girls were set aside who were in the concentration camp for loose morals and because as prostitutes they were a potential source of infection.”

I think it is unnecessary for me to go on with the rest of the paragraph, in which he expresses his dissatisfaction that a German prostitute should be used for this purpose.

To insure the continuance of Rascher’s experiments, Himmler arranged for his transfer to the Waffen-SS. I offer in evidence a letter which appears as our Document 1617-PS. It is a letter from Reichsführer SS addressed to “Dear Comrade Milch”—General Field Marshal Milch—dated November 1942. I offer it as Exhibit Number USA-466. I will now read the first two paragraphs of that letter, our Document 1617-PS. I quote:

“Dear Comrade Milch:


“You will recall that through SS General Wolff I particularly recommended to you for your consideration the work of a certain SS Führer, Dr. Rascher, who is a physician of the supplementary reserve of the Air Force.


“These researches which deal with the reaction of the human organism at great heights, as well as with manifestations caused by prolonged chilling of the human body in cold water, and similar problems which are of vital importance to the Air Force, in particular, can be performed by us with particular efficiency because I personally assumed the responsibility for supplying asocial individuals and criminals, who only deserve to die, from concentration camps for these experiments.”

I shall omit the next four paragraphs, in which Himmler reflects upon the difficulties of conducting such experiments because Christian medical circles were opposed, and pass on to the last paragraph on the first page of the translation. That is the seventh paragraph of the letter:

“I beg you to release Dr. Rascher, medical Officer in the Reserve, from the Air Force and to transfer him to me to the Waffen-SS. I would then assume the sole responsibility for having these experiments made in this field and would put the experiences, of which we in the SS need only a part for the frost injuries in the East, entirely at the disposal of the Air Force. However, in this connection I suggest that with the liaison between you and Wolff a non-Christian physician should be charged, who should be at the same time honorable as a scientist and not prone to intellectual theft and who could be informed of the results. This physician should also have good contacts with the administrative authorities, so that the results could really attract attention.


“I believe that this solution to transfer Dr. Rascher to the SS, so that he could carry out the experiments under my responsibility and under my orders, is the best way. The experiments should not be stopped; we owe that to our men. If Dr. Rascher remained with the Air Force, there would certainly be much annoyance because then I would have to bring a series of unpleasant details to you because of the arrogance and presumption which Professor Holzlöhner, who is under my command, has displayed in his post at Dachau by making remarks about me to SS Colonel Sievers. In order to save both of us this trouble, I suggest again that Dr. Rascher should be transferred to the Waffen-SS as quickly as possible. . . .”

THE PRESIDENT: Is that letter from Himmler?

MAJOR FARR: Yes, Sir.

Now Rascher’s experiments were by no means the only experiments in which the SS were interested. Without attempting even to outline the whole extent of the experimental program, I shall give just one further illustration of this type of SS activity. I refer to our Document L-103, which is a report prepared by the chief hygienist in the Office of the Reich Surgeon of the SS and Police, dated 12 September 1944. I offer it as Exhibit Number USA-467. (Parenthetically I might note that the office of the Reich Surgeon SS and Police will be found in the personal staff department, as indicated by the second box on the right-hand side of the line leading down from the personal staff.)

I shall read a few paragraphs from this report, which is a report prepared by the chief hygienist in the office of the Reich Surgeon of SS and Police and signed SS Oberführer Dr. Mrugowsky. It relates to experiments with poison bullets. Beginning with the first paragraph, I quote:

“On 11 September 1944, in the presence of SS Sturmbannführer Dr. Ding, Dr. Widmann, and the undersigned, experiments with aconite nitrate bullets were carried out on five persons who had been sentenced to death. The caliber of the bullets used was 7.65 millimeters, and they were filled with poison in crystal form. Each subject of the experiment received one shot in the upper part of the left thigh, while in a horizontal position. In the case of two persons, the bullets passed clean through the upper part of the thigh. Even later no effect from the poison could be seen. These two subjects were therefore rejected.”

I omit the next few sentences and proceed beginning with Paragraph 3 of the report:

“The symptoms shown by the three condemned persons were surprisingly the same. At first, nothing special was noticeable. After 20 to 25 minutes, a disturbance of the motor nerves and a light flow of saliva began, but both stopped again. After 40 to 44 minutes, a strong flow of saliva appeared. The poisoned persons swallowed frequently; later the flow of saliva is so strong that it can no longer be controlled by swallowing. Foamy saliva flows from the mouth. Then a sensation of choking and vomiting starts.”

The next three paragraphs describe in coldly scientific fashion the reactions of the dying persons. The description then continues, and I want to quote the two paragraphs before the conclusion. It is the last paragraph on Page 1 of the translation, the sixth paragraph of the report:

“At the same time there was pronounced nausea. One of the poisoned persons tried in vain to vomit. In order to succeed he put four fingers of his hand, up to the main joint, right into his mouth. In spite of this, no vomiting occurred. His face became quite red.


“The faces of the other two subjects were already pale at an early stage. Other symptoms were the same. Later on the disturbances of the motor nerves increased so much that the persons threw themselves up and down, rolled their eyes, and made aimless movements with their hands and arms. At last the disturbance subsided, the pupils were enlarged to the maximum, the condemned lay still. Rectal cramps and loss of urine was observed in one of them. Death occurred 121, 123, and 129 minutes after they were shot.”

The fact that SS doctors engaged in such experiments was no accident. It was consistent with an ideology and racial philosophy which, to use Himmler’s words, regarded human beings as lice and offal. But the most important factor was that the SS alone was in a position to supply necessary human material. And it did supply such material through WVHA. I refer to our Document 1751-PS, which is a letter from the Chief of Office Group D of WVHA, dated 12 May 1944. I offer it as Exhibit Number USA-468. I quote that letter. It appears in the original file on the last page. I quote:

“There is cause to call attention to the fact that in every case permission for assignment has to be requested here before assignment of prisoners is made for experimental purposes.


“To be included in this request are number, kind of custody, and in case of Aryan prisoners, exact personal data, file number in the Reich Security Main Office, and the reason for detainment in the concentration camp.


“Herewith, I explicitly forbid assignment of prisoners for experimental purposes without permission.”

The translation says that the signature is illegible, but I think it appears from the original that it is the signature of Glücks, since he was the department chief of Department D of WVHA. It was on the basis of being able to supply such material that the Reich Ministry of Finance was prepared to subsidize the SS experimental program. I offer in evidence a series of letters between the Reich Ministry of Finance, the Reich Research Council, and the Reich Surgeon of the SS and Police. They are our Document 002-PS, which I offer in evidence as Exhibit Number USA-469. The first letter from which I shall quote appears on Page 4 of our Document 002-PS and is from the head of the Executive Council of the Reich Research Council, addressed to the Reich Surgeon of SS and Police. It is dated 19 February 1943. I quote the first three paragraphs of the letter:

“The Reich Minister of Finance told me that you requested 53 leading positions . . . for your office, partly for new research institutes.


“After the Reich Marshal of the Greater German Reich has as President of the Reich Research Council entrusted himself with all German research, he issued directives, among other things, that in the execution of scientific tasks important for war, the available institutions including equipment and personnel should be utilized to the utmost for reasons of necessary economy of effort.


“The foundation of new institutes comes therefore in question only insofar as there are no outstanding institutes for the furtherance of important war research tasks.”

I omit the rest of the letter.

To this letter the Reich Surgeon of the SS and Police replied on the 26 February 1943. The reply will be found on Page 2 of the English translation. It is a letter from the Reich Surgeon SS and Police to the head of the Executive Council of the Reich Research Department, dated 26 February 1943. I quote the first three paragraphs of that letter. It begins:

“My Dear Ministerial Director:


“In acknowledgment of your correspondence of 19 February 1943, I am able to reply the following to it today:


“The statement of the budget for the 53 key positions of my office which you made the basis of your memorandum was a veritable peace plan.


“The special institutes of the SS which are to be filled, in part, with these positions should serve the purpose to establish and make accessible for the entire realm of scientific research the particular possibilities of research only possessed by the SS.”

Omitting the next two paragraphs, I continue:

“I will gladly be at your disposal at any time to discuss the particular research aims, in connection with the SS, which I would like to bring up after the war upon the direction of the Reichsführer SS.”

An interview between the Reich Surgeon and Mentzel, the author of the original letter, took place; and on the 25th of March 1943 Mentzel wrote a letter to the Reich Minister of Finance, which will be found on Page 1 of the translation. It is a letter from the President of the Reich Research Department, Head of the Executive Council, to the Reich Minister of Finance, dated 25 March 1943. The letter begins:

“In regard to your correspondence of 19 December”—and then follows the serial number of the letter—“to which I gave you a preliminary communication on 19 February, I finally take the following position:


“The Reich Surgeon SS and Police, in a personal discussion, told me that the budget claim which he looked after is used primarily in the pure military sector of the Waffen-SS. Since it is established on a smaller scale for the enlarging of scientific research possibilities, they pertain exclusively to such affairs, which are carried out with the material (prisoners) which is only accessible to the Waffen-SS and are therefore not to be undertaken by any other experimental office. I cannot object therefore on behalf of the Reich Research Council against the budget claim of the Reich Surgeon SS and Police.”

The letter is signed, “Mentzel, Ministerial Director.”

Thus it was because the SS was in a position to supply material for the program of experiments that it took the lead in that field of endeavor.

THE PRESIDENT: Does the letter on Page 4 mean that the Defendant Göring was President of the Reich Research Department?

MAJOR FARR: Page 4 of the translation? That I understand to be the case. The point of the letter being that Göring had laid down the rule that during the war there was to be no duplication of experimental facilities. Therefore, the Reich Research Department to whom the Minister of Finance had turned for an opinion, asked the Reich Surgeon, “Why do you want to carry out this program of experiments?”

THE PRESIDENT: I was only asking whether the President of the Reich Research Department was the Defendant Göring.

MAJOR FARR: That is what is stated in the letter. I understand that to be the case.

THE PRESIDENT: Then what do the words, “President of the Reich Research Department” on Page 1 mean? Does that mean that the letter went to the Defendant Göring?

MAJOR FARR: No. The letterhead bears the notation “President of the Reich Research Department,” and the letter proceeds from an office of that department, Head of the Executive Council. The letter was addressed to the Reich Minister of Finance.

THE PRESIDENT: I see.

MAJOR FARR: I have concluded the concentration camp phase.

THE PRESIDENT: We will recess now for 10 minutes.

[A recess was taken.]

THE PRESIDENT: It will perhaps be convenient that I should announce that the Tribunal will adjourn today at 4 o’clock.

MAJOR FARR: Through its activities with respect to concentration camps, the SS performed part of its mission to safeguard the security of the Nazi regime. But another specialized aspect of that mission must not be forgotten. The Tribunal will recall Himmler’s definition of that task—a definition I referred to earlier—the prevention of a Jewish-Bolshevist revolution of subhumans; in plain words, participation in the Nazi program of Jewish persecution and extermination.

It would be idle for me to refer again at any length to the evidence relating to that program which the Tribunal heard a day or so ago from Major Walsh. I want to call attention to just a few documents showing how the program involved every branch and component of the SS.

The racial philosophy of the SS, which I dealt with at the very outset, made that organization a natural agency for the execution of all types of anti-Semitic measures. The SS position on the Jewish question was publicly stated in the SS newspaper Das Schwarze Corps, the issue of August 8, 1940, by its editor, Gunter d’Alquen, a statement which has already been read into evidence as Exhibit Number USA-269. It is our Document 2668-PS. I shall not repeat that quotation in which D’Alquen says that the Jewish question will not be solved until the last Jew has been deported, and that the German peace which awaits Europe must be a peace without Jews.

The attempted solution of the Jewish question through the “spontaneous” demonstrations in Germany, following the murder of Vom Rath in November of 1938, has been presented to the Tribunal. In those demonstrations all branches of the SS were called on to play a part. I refer to the teletype message from SS Gruppenführer Heydrich, Chief of the Security Police and SD, issued on the 10th of November 1938. It is our Document 3051-PS. Portions of that teletype have already been read into evidence as Exhibit Number USA-240. I wish to read one further paragraph, which has not been read. It appears on Page 2 of the translation, the fourth paragraph. I quote:

“The direction of the measures of the Security Police concerning the demonstrations against Jews is vested with the organs of the State Police”—by which he means the Gestapo—“inasmuch as the inspectors of the Security Police are not issuing their own orders. In order to carry out the measures of the Security Police, officials of the Criminal Police as well as members of the SD, of the Verfügungstruppe, and the Allgemeine SS may be used.”

With the outbreak of the war and the march of Nazi armies over Europe, the SS participated in solving the Jewish question in other countries in Europe. The solution was nothing short of extermination. To a large degree these wholesale murders were disguised under the name of “anti-partisan” or “anti-guerilla” actions and as such they included as victims not merely Jews but Soviets, Poles, and other Eastern peoples. With this anti-partisan activity I shall deal in a few moments.

I want to refer now to a few actions confined essentially to Jews. To take one example—the mass annihilation of Jews in gas vans—described in our document 501-PS, which was read into the record by Major Walsh as Exhibit Number USA-288. I do not think that that document appears in the document book, because I am not going to read from it. I simply want to point out that these gas vans, as appears from the letters, were operated by the Security Police and SD under the direction of RSHA. Or to take another example—the report entitled, “Solution of the Jewish Question in Galicia,” our Document L-18, prepared by SS Gruppenführer and Lieutenant General of the Police Katzmann and rendered to SS Obergruppenführer and General of the Police Krüger—that report has already been received in evidence as Exhibit Number USA-277. The Tribunal will recall that the solution, which consisted in the evacuation and extermination of all the Jews in Galicia and the confiscation of their property, was carried out under the energetic direction of the SS and Police Leaders with the assistance of SS Police units. I wish to read three short items in the report which have not already been read. The first is a text under a photograph which appears on Page 3 of the translation and on Page 3(a) of the original report. It is the first item on Page 3 of the translation. I quote: “Great was the joy of the SS men when the Reichsführer SS in person in 1942 visited some camps along the Rollbahn.”

The second is a balance sheet, which appears on Page 11 of the translation and Page 17 of the report. I read Item 3 on the balance sheet:

“3. Amount paid over to the SS cashier: a. Camps, 6,867,251.00 zlotys; b. industrial and armament factories, 6,556,513.69 zlotys; total, 13,423,764.69 zlotys.


“Further payments to the SS cashier are effected every month.”

The third item I desire to read is the last two paragraphs of the report found on Page 20 of the translation and on Page 64 of the original document. I read the last two paragraphs of the report:

“Despite the extraordinary burden heaped upon every single SS Police Officer during these actions, mood and spirit of the men were extraordinarily good and praiseworthy from the first to the last day.


“Due to the high personal sense of duty of every single leader and man we have succeeded in getting rid of this plague in so short a time.”

The final example of SS participation in Jewish extermination to which I shall call the Tribunal’s attention is the infamous report by SS Brigadeführer and Major General of the Police Stroop, on the destruction of the Warsaw ghetto, our Document 1061-PS. That report was introduced in evidence by Major Walsh as Exhibit Number USA-275, and the Tribunal indicated that it would take the whole report in evidence without the necessity of reading it in full. I shall not, therefore, read any further passages; but I do want to point out specifically two sections dealing with the constitution of the forces which participated in that fearful action. On Page 1 of the translation is a table of the units used.

THE PRESIDENT: It is here?

MAJOR FARR: Our Document 1061-PS. I am just going to call your attention to the table of units which were employed in this action, indicating the average number of officers and men from each unit employed per day. It will be observed that among the units involved were the staff of the SS and Police Leader, two battalions of the Waffen-SS, two battalions of the 22d SS Police Regiment, and members of the Security Police. The part played by the Waffen-SS came in for high praise from the writer of the report. The Tribunal will recall the passage which was read by Major Walsh in which reference was made to the toughness of the men of the Waffen-SS, the Police, and the Wehrmacht and in which the writer said that “considering that the greater part of the men of the Waffen-SS had been trained for only 3 or 4 weeks before being assigned to this action, high credit should be given to them for the pluck, courage, and devotion which they showed.”

The Tribunal has already heard Himmler’s proud boast of the part that the SS played in the extermination of the Jews. It occurs in his Posen speech, our Document 1919-PS, and was read into the record in the presentation of the case dealing with concentration camps. The passage to which I refer appears on about the middle of Page 4 of the translation and on Page 66 of the original. Since that passage has already been read, it is unnecessary for me to quote it again; but I do want the Tribunal to note that Himmler stated that only the SS could have carried out this extermination program of the Jews and that its participation in that program was a page of glory in its history which could never be fully appreciated.

I now turn to the manner in which the SS fitted into the aggressive war program of the conspirators and, too, its responsibility for the Crimes against Peace which were alleged in the Indictment. From its very beginning, it made prime contributions to the conspirators’ aggressive war aims.

First, it served as one of the para-military organizations under which the conspirators disguised their building up of an army in violation of the Versailles Treaty. Second, through affiliated SS organizations in other countries and through some of the departments in its own Supreme Command, it fostered Fifth Column movements outside Germany and prepared the way for aggression. Third, through its militarized units, it participated in aggressive actions which eventually were carried out.

The Tribunal has just heard the evidence against the SA, which demonstrated that from 1933 to 1938 the SA were militarized and were in fact nothing but a camouflaged army. Some of that evidence referred to the SS as well. The para-military character of the Allgemeine SS is apparent. I have already described the military character of its structure, the military discipline required of its members, and the steps it took to enlist in its ranks young men of military age. In addition to this volunteer army, the SS created as early as 1933 fully armed professional units. These were the SS Verfügungstruppe and the Death’s-Head Units with which I have dealt yesterday.

While building up the SS as a military force within Germany, the conspirators also utilized it in other countries to lay the groundwork for aggression. The evidence, presented by Mr. Alderman, of the preparations for the seizure of Austria showed the part played by the SS Standarte 89 in the murder of Dollfuss and described the memorial plaque which was erected as a tribute to the SS men who participated in that murder. I refer to Exhibit Number USA-59 and USA-60, our Document Number L-273 and 2968-PS, which were introduced by Mr. Alderman. The Tribunal will recall the subsequent story of the events of the night of March 11, 1938, when the SS marched into Vienna and occupied all government buildings and important posts in the city—a story unfolded in Exhibit Number USA-61, our Document Number 812-PS, the report of Gauleiter Rainer which was read in evidence by Mr. Alderman, and in our Document Number 2949-PS, Exhibit Number USA-76, the record of the telephone conversation between the Defendant Göring and Dombrowski, which appears on Page 570 of the transcript of the record (Volume II, Page 417).

The same pattern was repeated in Czechoslovakia. Henlein’s Free Corps played in that country the part of Fifth Column which the Austrian SS had played in Austria, and it was rewarded by being placed under the jurisdiction of the Reichsführer SS in September 1938. I refer to our Document 388-PS, which was read in evidence by Mr. Alderman as Exhibit Number USA-26.

The items touched are Items 37 and 38 of the so-called Schmundt file. Moreover, as shown by Item 36 of that file, which Mr. Alderman read into the record, the SS had its own armed units—four battalions of the Totenkopf Verbände—actually operating in Czechoslovakia before the Munich Pact was signed. SS preparations for aggression in Czechoslovakia were not confined to military forces. One of the departments of the SS Supreme Command—the Volksdeutsche Mittelstelle—which is represented on the chart by the third box from the top at the extreme right—was a center for Fifth Column activity. The Tribunal may recall the secret meeting between Hitler and Henlein in March 1938, described in notes of the German Foreign Office, Exhibit Number USA-95, at which the line to be followed by the Sudeten German Party was determined. The Volksdeutsche Mittelstelle was represented at that meeting by Professor Haushofer and SS Obergruppenführer Lorenz. And when the Foreign Office, in August 1938, awarded further subsidies to Henlein’s Sudeten Party, the memorandum of that recommendation for further subsidies contained the significant footnote “Volksdeutsche Mittelstelle will be informed. . . .” I refer to Exhibit Number USA-96, our Document 3059-PS, which was read into the record by Mr. Alderman, at Pages 789 and 790 (Volume III, Pages 75 and 76).

When at last the time came to strike, the SS was ready. I quote from the National Socialist Yearbook for 1940, our Document 2164-PS, Exhibit Number USA-255, on Page 1, Paragraph 2, of the translation, Page 365 of the original, Paragraph 3:

“When the march into the liberated provinces of the Sudetenland began, on that memorable 1st of October 1938, the emergency forces”—Verfügungstruppe—“as well as the Death’s-Head Units”—Totenkopf Verbände—“were along with those in the lead.”

I omit the balance of the paragraph and continue with the next paragraph:

“The 15th of March 1939 brought a similar utilization of the SS when it served to establish order in the collapsed Czechoslovakia. This action ended with the founding of the Protectorate Bohemia-Moravia.


“Only a week later, on the 22d of March 1939, Memel also returned to the Reich upon basis of an agreement with Lithuania. Again it was the SS, here above all the East Prussian SS, which played a prominent part in the liberation of this district.”

In the final act in setting off the war—the attack on Poland in September 1939—the SS acted as a sort of stage manager. The Tribunal will recall the oral testimony of Erwin Lahousen with relation to the simulated attack on the radio station at Gleiwitz, by Germans dressed in Polish uniform—what Lahousen referred to as one of the most mysterious actions which took place in the Abwehr. Describing his task of getting the Polish uniforms and equipment together, he said at Page 620 of the transcript (Volume II, Page 450):

“These articles of equipment had to be prepared, and one day some man from the SS or the SD—the name is on the official diary of the War Department—fetched them.”

The war erupted and the Waffen-SS again took its place in the van of the attacking forces.

During the war great use was made of the peculiar qualities possessed by the SS, qualities not only of its combat forces but of its other components as well. I turn now to a consideration of some of the tasks in which the SS was engaged during the war—tasks which embraced the commission of War Crimes and Crimes against Humanity described in the Indictment.

The Tribunal has already received in evidence our Document 447-PS as Exhibit Number USA-135. It is a directive issued by the Defendant Keitel, on the 13th of March 1941, covering some of the preparations made 3 months in advance for the attack on Russia. Paragraph 2b of that directive, which was read into the record, provided that in the area of operations the Reichsführer SS was entrusted with special tasks for the preparation of the political administration, tasks which would result from the struggle about to commence between two opposing political systems.

One of the steps taken by the Reichsführer SS to carry out those “special tasks” was the formation and use of so-called “anti-partisan” units. They were discussed by Himmler in his Posen speech, our Document 1919-PS, at Page 3 of the translation, Paragraph 5, Page 57 of the original, last paragraph. I read those two paragraphs in which he discusses the anti-partisan units:

“In the meantime, I have also set up the office of the chief of the anti-partisan units. Our comrade SS Obergruppenführer Von dem Bach is chief of the anti-partisan units. I considered it necessary for the Reichsführer SS to be in authoritative command in all these battles, for I am convinced that we are best in position to take action against this enemy struggle, which is decidedly a political one. Except where units which had been supplied and which we had formed for this purpose were taken from us to fill in gaps at the front, we have been very successful.


“It is notable that by setting up this agency by division, corps, army in turn, we have gained for the SS the next higher step—which is the High Command of an army or even a group, if you wish to call it that.”

What the SS did with its divisions, corps, and army out of which the anti-partisan units were formed, is illustrated in the reports rendered as to the activities of such units. I offer in evidence the Activity and Situation Report 6 of the task forces of the Security Police and SD in the U.S.S.R., covering the period from the 1st to the 31st of October 1941. It is our Document R-102, and will be found in Volume 2 of the document book. It is Exhibit Number USA-470. The report shows that so-called “anti-partisan” activity was actually nothing but a name for extermination of persons believed politically undesirable and of Jews. The report is a very carefully organized and detailed description of such extermination. Section I describes the stations of the various task forces involved, Section II their activities. The latter section is divided into parts, each dealing with a different geographical region—the Baltic area, White Ruthenia, and the Ukraine.

Under each area the report of activities is classified under three headings: (a) Partisan activity and counteraction, (b) arrests and execution of Communists and officials, and (c) Jews. I shall read only a few typical paragraphs selected almost at random.

First, to show the units involved, I quote the second and third paragraphs of Page 4 of the translation, which also appear on Page 1 of the original:

“The present stations are:


“Task Force A, since 7 October 1941 Krasnowardeisk; Task Force B, continues in Smolensk; Task Force C, since 27 September 1941 in Kiev; Task Force D, since 27 September 1941 in Nikolaiev.


“The action and special commandos”—Einsatz- und Sonderkommandos—“which are attached to the task force continue on the march with the advancing troops into the sectors which have been assigned to them.”

I shall now read from the section headed “Baltic area” and subsection labelled “Jews,” beginning with the first paragraph on Page 5 of the translation, Page 8 of the original, second paragraph:

“The male Jews over 16 were executed with the exception of doctors and the elders. At the present time this action is still in progress. After completion of this action there will remain only 500 Jewesses and children in Ostland.”

I skip now to the section headed “White Ruthenia,” the subsection headed, “Partisan activity and counteraction.” The paragraph I shall read begins on Page 6, Paragraph 5 of the translation, found on Page 11, Paragraph 1 of the original. I quote:

“In Wultschina eight juveniles were arrested as partisans and shot. They were inmates of a children’s home. They had collected weapons which they hid in the woods. Upon search the following were found: 3 heavy machine guns, 15 rifles, several thousand rounds of ammunition, several hand grenades, and several packages of poison gas Ebrit.


“b) Arrests and executions of Communists, officials, and criminals. A further large part of the activity of the Security Police was devoted to the combatting of Communists and criminals. A special Commando in the period covered by this report executed 63 officials, NKGB agents, and agitators.”

The subsection on arrests and executions of Communists, officials, and criminals in White Ruthenia ends as follows; and I read from Page 6 of the translation, Paragraph 14, Page 12 of the original, Paragraph 5:

“The liquidations for the period covered by this report have reached a total of 37,180 persons.”

The final item I shall quote is from the section headed “Ukraine”, under the subsection, “Jews.” It will be found on Page 8 of the translation, Paragraph 10, Page 18 of the original, next to the last paragraph:

“In Zhitomir 3,145 Jews had to be shot, because from experience they have to be regarded as bearers of Bolshevik propaganda and saboteurs.”

This report, the Tribunal will recall, deals with the activities of four task forces: A, B, C, and D. The more detailed report of Task Force A up to 15 October 1941 is our Document L-180. It has already been introduced in evidence as Exhibit Number USA-276 and some paragraphs were read from it. It will be referred to again in the case against the Gestapo. I desire to read only two paragraphs, which show the great variety of SS components in such a task force.

I might point out to the Court that this elaborately bound report, which the Court has already seen, has a sort of pocket-part supplement in which appears a breakdown of the personnel engaged in this action, in graphic form. I shall read the component parts which appear on this chart in a moment. First, I will quote from Page 5 of the translation, fourth paragraph . . .

THE PRESIDENT: Does that book you just put in refer to the extermination of the Jews in Galicia?

MAJOR FARR: This is the report of Action Group A, an anti-partisan task force which operated in the Baltic States in 1941.

The passage I will read appears on Page 5 of the translation, Paragraph 4 and on Page 12 of the original, first paragraph; I quote:

“This description of the over-all situation shows that the members of the Gestapo”—the Secret State Police—“Kripo”—that is the Criminal Police—“and the SD”—Security Service—“who are attached to the task-force group, are active mainly in Lithuania, Latvia, Estonia, White Ruthenia, and to a lesser extent, in front of Leningrad. It shows further that the forces of the uniformed police and the Waffen-SS are active mainly in front of Leningrad, in order to take measures under their own officers against the streaming back of the population. This is so much easier because the task forces in Lithuania, Latvia, and Estonia have at their disposal native police units, as described in Enclosure 1, and because so far 150 Latvian reinforcements have been sent to White Ruthenia.


“The distribution of the leaders of Security Police and SD during the individual phases can be gathered from Enclosure 2; the advance and activities of the task force group and the task force commands, from Enclosure 3. It should be mentioned that the leaders of the Waffen-SS and of the uniformed police, who are on the reserve, have declared their wish to stay with the Security Police and the SD.”

I now quote from Enclosure 1a which was referred to, showing the constitution of the force. This will be found on Page 14 of the translation. It is the graphic chart which I showed the Court a few moments ago, the translation having simply the breakdown of the components. I quote:

“Total strength of Task Force Group A, 990; Waffen-SS, 340, 34.4 percent; drivers, 172, 17.4 percent; administration, 18, 1.8 percent; Security Service”—SD—“35, 3.5 percent; Criminal Police”—Kripo—“41, 4.1 percent; State Police”—Stapo—“89, 9.0 percent; auxiliary police, 87, 8.8 percent; Order Police, 133, 13.4 percent; female employees, 13, 1.3 percent; interpreters, 51, 5.1 percent; telautograph operators, 3, 0.3 percent, wireless operators, 8, 0.8 percent.”

The Tribunal will observe that in that list there appear the Waffen-SS, the SD, Criminal Police, the Gestapo, and the ordinary police, all of which were part of the SS or under SS jurisdiction.

One final report of anti-partisan activity may be referred to. It is a report from the General Commissar for White Ruthenia to the Reich Minister for Occupied Eastern Territories. It is our Document R-135, which I think is in the document book under 1475-PS—two document numbers have been combined. That document was introduced into evidence by Major Walsh as Exhibit Number USA-289, and he read into the record the letter from the Reich Commissar of the Eastern Territories transmitting the report in question. The letter he read appears on Page 1 of the translation. I desire to read a paragraph or two from the report itself, which is found on Page 3 of the translation. It deals with the results of the police operation “Cottbus.” I quote the first paragraph:

“SS Brigadeführer, Major General of Police Von Gottberg reports that the operation ‘Cottbus’ had the following result during the period mentioned: Enemy dead, 4,500; dead suspected of belonging to bands, 5,000; German dead, 59.”

I think it is unnecessary to continue further with the list. I skip to the fourth paragraph of the report:

“The figures mentioned above indicate that again a heavy destruction of the population must be expected. If only 492 rifles are taken from 4,500 enemy dead, this discrepancy shows that among these enemy dead were numerous peasants from the country. The Battalion Dirlewanger especially has a reputation for destroying many human lives. Among the 5,000 people suspected of belonging to bands, there were numerous women and children.


“By order of the Chief of Anti-Partisan Combat, SS Obergruppenführer Von dem Bach, units of the Armed Forces have also participated in the operation.”

This is as far as I will quote.

The Tribunal will recall that SS Obergruppenführer Von dem Bach was referred to in the Posen speech by Himmler as “our comrade” whom he had placed in charge of anti-partisan activity.

The activities I have just dealt with were joint activities, in which the Gestapo, Order Police, the Waffen-SS, and SS police regiments were all involved. But these units were also used individually to carry out tasks of such a nature.

I offer in evidence a letter from the Chief of the Command Office of the Waffen-SS, our Document 1972-PS, as Exhibit Number USA-471. It is a letter from the Chief of the Command Office of the Waffen-SS to the Reichsführer SS, dated 14 October 1941; subject: “Intermediate Report on Civilian State of Emergency.” I shall read that letter; I quote:

“I deliver the following interim report regarding the commitment of the Waffen-SS in the Protectorate Bohemia and Moravia during the civilian state of emergency:


“In turn all battalions of the Waffen-SS in the Protectorate Bohemia and Moravia were assigned to shootings and hangings.


“Up till now there occurred in Prague 99 shootings and 21 hangings, in Brünn 54 shootings and 17 hangings; total: 191 executions (including 16 Jews).


“A complete report regarding other measures and on the conduct of the officers, noncommissioned officers, and men will be made following the termination of the civilian state of emergency.”

It is not surprising that units of the Waffen-SS and the branches which had thus been employed in extermination actions and in the execution of civilians are also to be found violating the laws of warfare when carrying on ordinary combat operations. I offer in evidence a supplementary report of the Supreme Headquarters Allied Expeditionary Force Court of Inquiry in regard to shooting of allied prisoners of war by the 12th SS Panzer Division in Normandy, France, between the 7th and 21st of June 1944. It is our Document 2997-PS, Exhibit Number USA-472. Extracts from that report consist of the formal record of the proceedings of the Court of Inquiry and the statement of its findings are included in the document book under that document number. They have been translated into German. Under Article 21 of the Charter, this Tribunal is directed to take judicial notice of the documents of committees set up in various Allied countries for the investigation of War Crimes and also of the records and findings of military or other tribunals of any of the United Nations. This report falls squarely within that provision. Therefore, without reading portions of the document, I shall summarize the findings of the Court of Inquiry which are set out on Pages 8 to 10 of the document. The court concluded that there occurred between the 7th and the 17th of June 1944 in Normandy, seven cases of violations of the laws of war . . .

THE PRESIDENT: What page?

MAJOR FARR: I am not quoting, I am summarizing what appears on Pages 8 to 10.

There occurred seven cases of violations of the laws of war, involving the shooting of 64 unarmed Allied prisoners of war in uniform, many of whom had been previously wounded and none of whom had resisted or endeavored to escape; that the perpetrators were members of the 12th SS Panzer Division, the so-called Hitler Jugend Division; that enlisted men of the 15th Company of the 25th Panzer Grenadier Regiment of that Division were given secret orders to the effect that SS troops shall take no prisoners and that prisoners are to be executed after having been interrogated; that similar orders were given to men of the 3rd Battalion of the 26th Panzer Grenadier Regiment of the Division and of the 12th SS Engineering and Reconnaissance Battalions; and that the conclusion was irresistible that it was understood throughout the division that a policy of denying quarter or executing prisoners after interrogation was openly approved.

Other combatants met a similar fate at the hands of other components of the SS. I refer to the execution of Allied fliers, of commandos and paratroopers, and of escaped prisoners of war who were turned over to the SD to be destroyed. Evidence of these actions will be presented in the case against the Gestapo.

Combatants who were taken prisoner encountered the SS in another form. In the case against the Gestapo, evidence will be presented of commando groups stationed in prisoner-of-war camps to select prisoners for what the Nazis euphemistically called “special treatment”. Finally, the entire control of prisoners of war was turned over to the Reichsführer SS. I have read in evidence this morning our Document 058-PS which provided for the direction of all prisoner-of-war camps by Himmler.

The final but vital phase of the conspiracy in which the SS played a leading role must be mentioned. The permanent colonization of conquered territories, the destruction of their national existence, and the permanent extension of the German frontier were fundamental objects of the conspirators’ plans.

The Tribunal received evidence, a day or so ago, of the manner in which these objectives were carried out through the forcible evacuation and resettlement of inhabitants of conquered territories, confiscation of their properties, denationalization and re-education of persons of German blood, and the colonization of the conquered territories by Germans.

The SS was the logical agency to formulate and carry out the program. I have read into the record already the numerous statements made by Himmler as to SS training to play the role of the aristocracy of the new Europe. He put those theories into practice when he was appointed, on October 7, 1939, as Reich Commissioner for the consolidation of German folkdom. The decree by which he was appointed to that office, our Document 686-PS, has already been introduced into evidence as Exhibit Number USA-305. I shall not, therefore, read it.

To make and carry out plans for the program of evacuation and resettlement, a new department of the SS Supreme Command was created: Staff Headquarters of the Reich Commissioner for the consolidation of German nationality. That is indicated on the chart by the fourth box from the top, on the extreme right-hand side.

The functions of this office are described in the Organization Book of the NSDAP for 1943, our Document 2640-PS, which has already been introduced in evidence as Exhibit Number USA-323. I shall read the description of the functions of that department appearing on Page 3 of the translation, the last paragraph, and Page 421 of the original. I quote:

“The main office of the staff of the Reich Commissioner for the Preservation of German Nationality is entrusted with the whole settlement and constructive planning, for inclusion within the Reich of all those territories under the authority of the Reich, including all administrative and economic questions in connection with the settlement, especially the deployment, of manpower for this purpose.”

The colonization program had two principal objectives: First, the destruction of the conquered peoples by exterminating them, deporting them, and confiscating their property; second, settling racial Germans on the newly acquired land.

The extermination actions conducted by the SS, as to which I have just introduced evidence, contributed in part to clearing the conquered territories of persons who were deemed dangerous to the Nazi plan. But not every undesirable could be liquidated. Mass deportations accomplished the twin purpose of providing labor and of freeing the land for German colonists.

Evidence as to the participation of SS agencies in deporting persons to concentration camps I have already introduced.

The evacuation and resettlement program required the use of further deporting agencies. I quote from our Document 2163-PS, the National Socialist Year Book for 1941, Exhibit Number USA-444. The passage in question appears on Page 3 of the translation, Paragraph 5, and at Page 195 of the original. I quote:

“For some time now, the Reichsführer SS has had at his disposal an office under the management of SS Obergruppenführer Lorenz, the National German Central Office”—Volksdeutsche Mittelstelle (VM).


“This office has the task of dealing with national German questions and of gathering the required proofs.


“In addition to the VM, the Immigration Center Office (EWZ), with the Chief of the Security Police and the Security Service of the SS (under the management of SS Obersturmbannführer Dr. Sandberger) and the Settlement Staff of the Reich Commissioner were created which, in co-operation with the National Socialist Welfare Organization and the Reich Railroad Agency, took charge of the migration of national Germans.”

I also offer in evidence the affidavit of Otto Hoffmann, SS Obergruppenführer and general of the Waffen-SS and Police, our Document L-49. I offer it as Exhibit Number USA-473. Hoffmann was Chief of the Main Office for Race and Settlement in the SS Supreme Command, until 1943. This affidavit was taken on August 4, 1945, at Freising, Germany. I shall read Paragraph 2 of that affidavit:

“The executive power, in other words the carrying out of all so-called resettlement actions, that is to say, sending away of Polish and Jewish settlers and those of non-German blood from a territory in Poland destined for Germanization, was in the hands of the Chief of the RSHA (Heydrich, and later Kaltenbrunner, since the end of 1942). The Chief of the RSHA also supervised and issued orders to the so-called immigration center, which classified the Germans living abroad who returned to Germany and directed them to the individual farms already freed. The latter was done in agreement with the Staff Main Office of the Reichsführer SS.”

Other SS agencies were involved in the program for deportation. The Tribunal has already received in evidence our Document 1352-PS, as Exhibit Number USA-176. It is a report relating to the confiscation of Polish agricultural enterprises, dated May 22, 1940, and signed “Kusche.” Portions of that document dealing with the confiscation of Polish agricultural enterprises and the deportation of Polish owners of the land to Germany were read into the record. I shall read only one further paragraph showing SS personnel involved in this action. It appears on Page 2 of the translation, the first full paragraph; and on Page 10 of the original, Paragraph 2.

Referring to the deportation of Polish farmers, the report says; and I quote:

“Means of transportation to the railroad can be provided: 1. By the enterprise of the East German Corporation of Agricultural Development; 2. By the SS noncommissioned officers’ school in Lublinitz and the concentration camp of Auschwitz.


“These two latter places will also detail the necessary SS men for the day of the confiscation, and so forth.”

The extent to which almost all departments of the Supreme Command of the SS were concerned with the evacuation program is shown by the minutes of a meeting on the 4th of August 1942 dealing with the deportation of Alsatians. It is our Document R-114, and was received in evidence as Exhibit Number USA-314. I shall read only the list of persons and offices represented at that conference, since the body of the report has been read in part into the record already.

I start at the beginning of the document, Page 1 of R-114:

“Memo on meeting of 4. 8. 42. Subject: General directions for the treatment of deported Alsatians.


“Present: SS Hauptsturmführer Dr. Stier, SS Hauptsturmführer Petri, R.R. Hoffmann, Dr. Scherler, SS Untersturmführer Förster;”—there is a notation next to their names of “Staff Main Office”; then—“SS Obersturmführer Dr. Hinrichs, Chief of Estate Office and Settlement Staff, Strasbourg; SS Sturmbannführer Brückner, Racial German Arbitration Bureau;”—Volksdeutsche Mittelstelle—“SS Hauptsturmführer Hummitsch, Reich Security Main Office;”—Reichssicherheitshauptamt—“SS Untersturmführer Dr. Sieder, Main Office for Race and Settlement;”—RUS-Hauptamt—“Dr. Labes, D.U.T.”

The SS not only destroyed and deported conquered peoples and confiscated their property, it also repopulated the conquered regions with so-called racial Germans. Not all Germans were deemed reliable colonists, however. Those who were not were returned to Germany for re-Germanization and re-education along Nazi lines.

A typical instance of the fate of such Germans is told in our Document Number R-112, which has already been introduced in evidence as Exhibit Number USA-309. It is a decree of the Reich Commissioner for the consolidation of Germandom. That decree, as the Tribunal will recall, dealt with the treatment to be accorded so-called “Polonized” Germans. By the terms of that decree two SS functionaries were charged with the responsibility for the re-Germanization program: the Higher SS and Police Leaders, and the Gestapo.

I think it is unnecessary for me to quote from that report, since portions have already been read into evidence. I will refer the Court specifically to Section III of the decree, which appears on Page 7 of the translation, and to Section IV of the decree, which appears on the same page, both of which indicate that the Higher SS and Police Leaders and the Gestapo were responsible for the re-Germanization actions.

In the final stage of the process, the resettlement of the conquered lands by racially and politically desirable Germans, still other SS agencies participated. I quote again from our Document 2163-PS, the National Socialist Year Book for 1941, Exhibit Number USA-444. The passage appears on Page 3 of the translation, Paragraph 7, and on Page 195 of the original. I quote:

“Numerous SS leaders and SS men helped with untiring effort in bringing about this systematic migration of peoples which has no parallel in history.


“There were many authoritative and administrative difficulties which, however, were immediately overcome due to the unbureaucratic working procedure. This was especially guaranteed above all by the employment of the SS.


“The procedure called ‘Durchschleusung’ takes 3 to 4 hours as a rule. The re-settler is being passed through eight or nine offices, following each other in organic order: Registration office, card-index office, certificate and photo office, property office, and biological, hereditary, and sanitary test offices. The latter was entrusted to doctors and medical personnel of the SS and of the Armed Forces. The SS Corps Areas Alpenland, Northwest, Baltic Sea, Fulda-Werra, South and Southeast, the SS Main Office, the NPEA”—National Political Education Institution—“Vienna, and the SS Cavalry School in Hamburg, provided most of the SS officers and SS noncommissioned officers who worked at this job of resettlement.”

I omit the next three paragraphs and continue with the year book’s conclusion as to the SS participation in the colonization scheme:

“The settlement, establishment, and care of the newly-won peasantry in the liberated Eastern Territory will be one of the most cherished tasks of the SS in the whole future.”

THE PRESIDENT: This might be a good time to break off until 2 o’clock.

MAJOR FARR: Yes, Sir.

[A recess was taken until 1400 hours.]


Afternoon Session

MAJOR FARR: In the course of its development from a group of strong-arm bodyguards, some two hundred in number, to a complex organization participating in every field of Nazi endeavor, the SS found room for its members in high places; and persons in high places found for themselves a position in the SS.

Of the defendants charged in the Indictment, seven were very high ranking officers in the SS. They are the Defendants Ribbentrop, Hess, Kaltenbrunner, Bormann, Sauckel, Neurath, and Seyss-Inquart. The vital part that the Defendant Kaltenbrunner played in the SS, in the SD, and in the entire Security Police will be shown by evidence to be presented after the case on the Gestapo has gone in. With respect to the other six defendants whom I have named, I desire to call the Tribunal’s attention now to the fact of their membership in the SS. That fact is rather a matter of judicial notice than proof. Evidence of the fact is to be found in two official publications which I shall now offer the Court.

The first is this black book—the membership list of the SS as of December 1, 1936. This book contains a list of members of the SS arranged according to rank. I offer it in evidence as Exhibit Number USA-474 (Document Number USA-474). Turning to Page 8 of this book, line 2, we find the following: The name “Hess, Rudolf” followed by the notation, “By authority of the Führer the right to wear the uniform of an SS Obergruppenführer.” I now offer the 1937 edition of the same membership list as Exhibit Number USA-475 (Document Number USA-475). Turning to Page 10, line 50, we find the name “Bormann, Martin”; and in line with his name on the opposite page under the column headed “Gruppenführer,” the following date: 30 January 1937.

In the same edition on Page 12, line 56, appears the name “von Neurath, Constantin,” and on the opposite page under the column headed “Gruppenführer,” the date “18 September 1937.” The other publication to which I refer is Der Grossdeutsche Reichstag for the fourth voting period, a manual edited by E. Kienast, Ministerial Director of the German Reichstag. This is an official handbook containing biographical data as to members of the Reichstag. It is Document Number 2381-PS, and I offer it in evidence as Exhibit Number USA-476. On Page 349 the following appears: “von Ribbentrop, Joachim, Reichsminister des Auswärtigen, SS Obergruppenführer.” On Page 360 the following appears: “Sauckel, Fritz, Gauleiter und Reichsstatthalter in Thüringen, SS Obergruppenführer.” On Page 389 the following appears: “Seyss-Inquart, Arthur, Dr. iur., Reichsminister, SS Obergruppenführer.”

THE PRESIDENT: What was the date of that book?

MAJOR FARR: This book covers the fourth voting period, beginning on 10 April 1938 and covering the period up to 30 January 1947—that is, the voting period covers that course of years. The edition, I think, was in 1943. I might point out that the rank of the defendants mentioned in the 1936 and 1937 editions of the membership list of the SS may not be the final rank they held. They were Gruppenführer at that time, but they were members of the SS, as shown by the book.

It is our contention that the SS, as defined in Appendix B, Page 36 of the Indictment, was an unlawful organization. As an organization founded on the principle that persons of “German blood” were a “master race” it exemplified a basic Nazi doctrine. It served as one of the means through which the conspirators acquired control of the German Government. The operations of the SD and of the SS Totenkopf Verbände in concentration camps were means used by the conspirators to secure their regime and terrorize their opponents, as alleged in Count One. In the Nazi program of Jewish extermination, all branches of the SS were involved from the very beginning. Through the Allgemeine SS as a para-military organization, the SS Verfügungstruppe and SS Totenkopf Verbände as professional combat forces, and the Volksdeutsche Mittelstelle as a Fifth Column agency, the SS participated in preparations for aggressive war and, through its militarized units, in the waging of aggressive war in the West and in the East, as set forth in Counts One and Two of the Indictment. In the course of such war all components of the SS had a part in the War Crimes and the Crimes against Humanity set forth in Counts Three and Four of the Indictment: the murder and ill-treatment of civilian populations in occupied territory, the murder and ill-treatment of prisoners of war, and the Germanization of occupied territories.

The evidence has shown that the SS was a single enterprise—a unified organization. Some of its functions were, of course performed by one branch or department or office, some by another. No single branch or department participated in every phase of its activity, but every branch and department and office was necessary to the functioning of the whole. The situation is much the same as in the case of the individual defendants at the bar. Not all participated in every act of the conspiracy; but all, we contend, performed a contributing part in the whole criminal scheme.

The evidence has also shown that the SS was not only an organization of volunteers but that applicants had to meet the strictest standards of selection. It was not easy to become an SS member. That was true of all branches of the SS. We clearly recognize, of course, that during the course of the war, as the demands for manpower increased and the losses of the Waffen-SS grew heavier and heavier, there were occasions when some men drafted for compulsory military service were assigned to units of the Waffen-SS rather than to the Wehrmacht. Those instances were relatively few. Evidence of the recruiting standards of the Waffen-SS in 1943, which I quoted yesterday, has shown that the membership in that branch was as essentially voluntary and highly selective as in the other branches. Doubtless some of the members of the SS, or of other organizations alleged to be unlawful in the Indictment, might desire to show that their participation in the organization was a small or innocuous one, that compelling reasons drove them to apply for membership, that they were not fully conscious of its aims or that they were not mentally responsible when they became members. Such facts might or might not be relevant, if such a person were on trial. But in any event this is not the forum to try out such matters.

The question before this Tribunal is simply this: whether the SS was or was not an unlawful organization. The evidence has finally shown what the aims and activities of the SS were. Some of those aims were stated in publications which I have quoted to the Court. The activities were so widespread and so notorious, covering so many fields of unlawful endeavor, that the illegality of the organization could not have been concealed. It was a notorious fact, and Himmler himself in 1936, in a quotation which I read to the Tribunal yesterday, admitted that when he said:

“I know that there are people in Germany now who become sick when they see these black coats. We know the reason and we do not expect to be loved by too many.”

It was, we submit, at all times the exclusive function and purpose of the SS to carry out the common objectives of the defendant conspirators. Its activities in carrying out those functions involved the commission of the crimes defined in Article 6 of the Charter. By reason of its aims and the means used for the accomplishment thereof, the SS should be declared a criminal organization in accordance with Article 9 of the Charter.

COL. STOREY: If the Tribunal please, the next presentation will be the Gestapo, and it will take just a few seconds to get the material here.

If the Tribunal please, we are now ready to proceed, if Your Honors are.

THE PRESIDENT: Yes.

COL. STOREY: We first pass to the Tribunal document books marked “Exhibit AA.” Your Honors will notice they are in two volumes, and I will try at each time to refer to which volume. They are separated into the D documents, the L documents, the PS documents, et cetera.

The presentation of evidence on the criminality of the Geheime Staatspolizei (Gestapo) includes evidence on the criminality of the Sicherheitsdienst (SD) and of the Schutzstaffeln (SS), which has been discussed by Major Farr, because a great deal of the criminal acts were so inter-related. In the Indictment, as Your Honors know, the SD is included by special reference as a part of the SS, since it originated as a part of the SS and has always retained its character as a Party organization, as distinguished from the Gestapo which was a State organization. As will be shown by the evidence, however, the Gestapo and the SD were brought into very close working relationship, the SD serving primarily as the information-gathering agency and the Gestapo as the executive agency of the police system established by the Nazis for the purpose of combatting the political and ideological enemies of the Nazi regime.

In short, I think, we might think of the SD as the intelligence organization and the Gestapo the executive agency, the former a Party organization and the latter a State organization but merged together for all practical purposes.

The first subject: The Gestapo and SD were formed into a powerful, centralized, political police system that served Party, State, and Nazi leadership.

The Gestapo was first established in Prussia on the 26th of April 1933 by the Defendant Göring with the mission of carrying out the duties of the political police with, or in place of, the ordinary police authorities. The Gestapo was given the rank of a higher police authority and was subordinated only to the Minister of Interior, to whom was delegated the responsibility of determining its functional and territorial jurisdiction. That fact is established in the Preussische Gesetzsammlung of 26 April 1933, Page 122, and it is our Document 2104-PS.

Pursuant to this law and on the same date, the Minister of Interior issued a decree on the reorganization of the police which established a State Police Bureau in each governmental district of Prussia, subordinate to the Secret State Police Bureau in Berlin; and I cite as authority the Ministerialblatt for the Internal Administration of Prussia, 1933, Page 503, and it is Document 2371-PS.

Concerning the formation of the Gestapo, the Defendant Göring said, in Aufbau einer Nation, of 1934, Page 88, which is our Document 2344-PS, and I quote from the English translation a short paragraph, of which Your Honors will take judicial notice, unless Your Honors want to turn to it in full:

“For weeks”—this is Göring talking—“I had been working personally on the reorganization, and at last I, alone and upon my own decision and my own reflections, created the office of the Secret State Police. This instrument which is so feared by the enemies of the State has contributed most to the fact that today there can no longer be talk of a Communist or Marxist danger in Germany and Prussia.”

THE PRESIDENT: What was the date?

COL. STOREY: The date? 1934, Sir.

On November 30, 1933 Göring issued a decree for the Prussian State Ministry and the Reich Chancellor placing the Gestapo under his direct supervision as Chief. The Gestapo was thereby established as an independent branch of the Administration of the Interior responsible directly to Göring as Prussian Prime Minister. This decree gave the Gestapo jurisdiction over the political police matters of the general and interior administration and provided that the district, county, and local police authorities were subject to the directives of the Gestapo—and that cites the Prussian laws of 30 November 1933, Page 413, and Document 2105-PS.

In a speech delivered at a meeting of the Prussian State Council on 18 June 1934, which is published in Speeches and Essays of Hermann Göring, 1939, Page 102, our Document 3343-PS, Göring said, and I quote one paragraph:

“The creation of the Secret State Police was also a necessity. You may recognize the importance attributed by the new State to this instrument of state security from the fact that the Prime Minister, himself, has made himself head of this department of the administration just because it is the observation of all currents directed against the new State which is of fundamental importance.”

By a decree of 8 March 1934 the regional State Police offices were separated from their organizational connection with the District Government and established as independent authorities of the Gestapo. That cites the Preussische Gesetzsammlung of 8 March 1934, Page 143, our Document 2113-PS.

I now offer in evidence Document Number 1680-PS, Exhibit USA-477. This is an article entitled “10 Years of Security Police and the SD,” published in the German Police journal, the magazine of the Security Police and SD, of 1 February 1943. I quote one paragraph from this article on Page 2 of the English translation, Document 1680-PS, which is the third main paragraph:

“Parallel to that development in Prussia, the Reichsführer SS Heinrich Himmler created in Bavaria the Bavarian Political Police and also suggested and directed the establishment of Political Police in the Länder other than Prussia. The unification of the Political Police of all the Länder took place in the spring of 1934 when Minister President Hermann Göring appointed Reichsführer SS Heinrich Himmler, who had meanwhile been named Chief of the Political Police in all the Länder except Prussia, to the post of Deputy Chief of the Prussian Secret State Police.”

The Prussian law about the Secret State Police, dated 10 February 1936, then summed up the development hitherto, and determined the position and responsibilities of the Secret State Police in the executive regulations issued the same day.

On 10 February 1936 the basic law for the Gestapo was promulgated by Göring as Prussian Prime Minister—I refer to Document 2107-PS. This law provided that the Secret State Police had the duty to investigate and to combat in the entire territory of the State all tendencies inimical to the State and declared that orders and matters of the Secret State Police were not subject to the review of the administrative courts. That is the Prussian State law of that date cited on Pages 21-22 of the publication of the laws of 1936.

Also on that same date of 10 February 1936 a decree for the execution of the law was issued by Göring, as Prussian Prime Minister, and by Frick, as Minister of the Interior. This decree provided that the Gestapo had authority to enact measures valid in the entire area of the State and measures affecting that area—by the way, that is found in 2108-PS and is also a published law—that it was the centralized agency for collecting political intelligence in the field of political police, and that it administered the concentration camps. The Gestapo was given authority to make police investigations in cases of criminal attacks upon the Party as well as upon the State.

Later, on the 28th of August 1936, a circular of the Reichsführer SS and Chief of the German Police provided that as of 1 October 1936 the Political Police forces of the German provinces were to be called the “Geheime Staatspolizei.” That means the Secret State Police. The regional offices were still to be described as State Police. The translation of that law is in 2372-PS, Reichsministerialblatt of 1936, Number 44, Page 1344.

Later, on 20 September 1936, a circular of the Minister of Interior, Frick, commissioned the Gestapo Bureau in Berlin with the supervision of the duties of the Political Police commanders in all the states of Germany. That is Reichsministerialblatt 1936, Page 1343, our Document L-297.

The law regulating and relating to financial measures in connection with the police, of the 19th of March 1937, provided that the officials of the Gestapo were to be considered direct officials of the Reich and their salaries, in addition to the operational expenses of the whole State Police, were to be borne from 1 April 1937 by the Reich. That is shown in Document 2243-PS—which is a copy of the law of 19 March 1937—Page 325.

Thus, through the above laws and decrees, the Gestapo was established as a uniform political police system operating throughout the Reich and serving Party, State, and Nazi leadership.

In the course of the development of the SD, it came into increasingly close co-operation with the Gestapo and also with the Reichskriminalpolizei (the Criminal Police), known as Kripo, K-R-I-P-O, shown up there under Amt V. The SD was called upon to furnish information to various State authorities. On the 11th of November 1938 a decree of the Reich Minister of Interior declared the SD to be the intelligence organization for the State as well as the Party, that it had the particular duty of supporting the Secret State Police, and that it thereby became active on a national mission. These duties necessitated a closer co-operation between the SD and the authorities for the general and interior administration. That law is translated in 1638-PS.

The Tribunal has already received evidence concerning the decrees of 17 and 26 June 1936, under which Himmler was appointed Chief of the German Police and by which Heydrich became the first Chief of the Security Police and SD. Even then Göring did not relinquish his position as Chief of the Prussian Gestapo. Thus, the decree of the Reichsführer SS and Chief of German Police that was issued on the 28th of August 1936, which is our Document 2372-PS, was distributed “to the Prussian Minister President as Chief of the Prussian Secret State Police,” that is, to Göring.

On 27 September 1939, by order of Himmler in his capacity as Reichsführer SS and Chief of the German Police, the central offices of the Gestapo and SD and also those of the Criminal Police were centralized in the office of the Chief of the Security Police and SD under the name of RSHA, which Your Honors have heard described by Major Farr. Under this order the personnel and administrative sections of each agency were co-ordinated in Amt I and II of the chart shown here of the RSHA. The operational sections of the SD became Amt III, shown in the box “Amt III,” except for foreign intelligence which was placed over in Number VI. The operational sections of the Gestapo became Amt IV, as shown on the chart, and the operational sections of the Kripo—that is, the Criminal Police—became Amt V, as shown on the chart.

Ohlendorf was named the Chief of Amt III, the SD inside Germany, Müller was named Chief of Amt IV, and Nebe was named Chief of Amt V, the Kripo.

On the 27th of September 1939 Heydrich, the Chief of the Security Police and SD, issued a directive pursuant to the order of Himmler, in which he ordered that the designation and heading of RSHA be used exclusively in internal relations of the Reich Ministry of Interior, and the heading “The Chief of the Security Police and SD” in transactions with outside persons and offices. The directive provided that the Gestapo would continue to use the designation and heading “Secret State Police” according to the particular instructions.

This order is Document L-361, Exhibit USA-478, which we now offer in evidence; and I refer Your Honors to the first paragraph of L-361. That is found in the first volume. I just direct Your Honors’ attention to the date and to the subject, which is the amalgamation of the Zentralämter of the Sicherheitspolizei and of the SD, and the creation of the four sections, and then to the words:

“. . . will be joined to the RSHA in accordance with the following directives. This amalgamation carries with it no change in the position of these Ämter in the Party nor in the governmental administration.”

I might say here parenthetically, if the Tribunal please, that we like to think of the RSHA as being the so-called administrative office through which a great many of these organizations were administered and then a number of these organizations, including the Gestapo, maintaining their separate identity as operational organizations. I think a good illustration, if Your Honors will recall, is that during the war there may be a certain division or a certain air force which is administratively under a certain headquarters, but operationally, when they had an invasion, it may be under the general supervision of somebody else who was operating a task force. So the RSHA was really the administrative office of a great many of these alleged criminal organizations.

The Gestapo and SD were therefore organized functionally on the basis of the opponents to be combatted and the matters to be investigated.

I now invite the attention of the Tribunal to this chart, which has already been identified, and I believe it is Exhibit USA-53. This chart—I am in error—that is the original identification number. This chart shows the main chain of command from Himmler, who was the Reich Leader of the SS and Chief of the German Police, to Kaltenbrunner, who was Chief of the Security Police and SD, and from Kaltenbrunner to the various field offices of the Gestapo and the SD.

We now formally offer in evidence this chart, Document L-219, as Exhibit USA-479. The chart itself is based upon the document, which is L-219. We have photostatic copies, and you probably want to refer to the one on the wall.

This chart, from which the one on the wall is taken, has been certified by Otto Ohlendorf, Chief of Amt III of the RSHA, and by Walter Schellenberg, Chief of Amt VI of the RSHA, and has been officially identified by both of those former officials.

The chart shows that the principal flow of command in police matters came from Himmler as Reich Leader of the SS and Chief of the German Police directly to Kaltenbrunner, who was the Chief of the Security Police and SD and as such was also head of the RSHA, which is the administrative office to which I have referred.

Kaltenbrunner’s headquarters organization was composed of seven Ämter, plus a military office—the seven Ämter shown here.

Under Subsection D was Obersturmbannführer Rauff, who handled technical matters, including motor vehicles of the SIPO and the SD, to which we will refer later.

Amt III was the SD inside Germany and was charged with investigations into spheres of German national life. It was the internal intelligence organization of the police system and its interests extended into all areas occupied by Germany during the course of the war. In 1943 it contained four sections. I would like to mention them briefly. It shows their scope of authority. Section A dealt with questions of legal order and structure of the Reich. B dealt with national questions, including minorities, race, and health of the people. C dealt with culture, including science, education, religion, press, folk culture, and art; and D with economics, including food, commerce, industry, labor, colonial economics, and occupied regions.

Now Amt IV, with which we are dealing here, was the Gestapo and was charged with combatting opposition. In 1945, as identified by these two former officials, it contained six sections:

1. A dealt with opponents, sabotage, and protective service, including communism, Marxism, reaction and liberalism;

2. B dealt with political churches, sects, and Jews, including political Catholicism, political Protestantism, other churches, Freemasonry; and a special section, B-4, that had to do with Jewish affairs, matters of evacuation, means of suppressing enemies of the people and State, and dispossession of rights of German citizenship; the head of the office was Eichmann;

3. C dealt with protective custody;

4. D with regions under German domination;

5. E with security;

6. F with passport matters and alien police.

Now, Amt V, which will be referred to as the Kripo, was charged with combatting crime. For example, Subsection D was the criminological institute for the Sipo and handled matters of identification, chemical and biological investigations, and technical research.

Number VI was the SD outside of Germany and concerned primarily with foreign political intelligence. In 1944 the Abwehr, or military intelligence, was joined with Amt VI as the military Amt. Your Honors will recall that the Witness Lahousen was in the Abwehr. Amt VI maintained its own regional organization.

And finally, Amt VII handled ideological research among enemies such as Freemasonry, Judaism, political churches, Marxism, and liberalism.

Within Germany there were regional offices of the SD, the Gestapo, and the Kripo, shown on the chart up at the right. The Gestapo and Kripo offices were often located in the same place and were always collectively referred to as the Sipo. You see that shady line around refers to the collective operation of the Gestapo and Kripo—Gestapo, the Secret Police; and Kripo, the Criminal Police. These regional offices all maintained their separate identity and reported directly to the section of the RSHA—that is, under Kaltenbrunner—which had the jurisdiction of the subject matter. They were, however, co-ordinated by Inspectors of the Security Police and SD, as shown at the top of the chart. The inspectors were also under the supervision of Higher SS and Police Leaders appointed for each Wehrkreis. The Higher SS and Police Leaders reported to Himmler and supervised not only the inspectors of the Security Police and SD but also the inspectors of the Order Police and various subdivisions of the SS.

In the occupied territories the organization developed as the German armies advanced. Combined operational units of the Security Police and the SD known as Einsatz Groups, about which Your Honors will hear in a few minutes, operated with, and in the rear of, the army. These groups were officered by personnel of the Gestapo and the Kripo and the SD, and the enlisted men were composed of Order Police and Waffen-SS. They functioned with various army groups. The Einsatz Groups—and, if Your Honors will recall, they are simply task force groups for special projects—were divided into “Einsatzkommandos,” “Sonderkommandos,” and “Teilkommandos,” all of which performed the functions of the Security Police and the SD with, or closely behind, the army.

After the occupied territories had been consolidated, these Einsatz Groups and their subordinate parts were formed into permanent combined offices of the Security Police and SD within the particular geographical location. These combined forces were placed under the Kommandeure of the Security Police and SD, and the offices were organized as a section similar to this RSHA headquarters. The Kommandeure of the Security Police and SD reported directly to Befehlshaber of the Security Police and SD, who in turn reported directly to the Chief of the Security Police and SD.

In the occupied countries the Higher SS and Police Leaders were more directly controlled by the Befehlshaber and the Kommandeure of the Security Police and SD than within the Reich. They had authority to issue direct orders so long as they did not conflict with the Chief of the Security Police and SD, who exercised controlling authority.

The above chart and the remarks concerning it are based upon two documents which I now offer in evidence. They are Document L-219, which is the organization plan of the RSHA of 1 October 1943, and Document 2346-PS.

Now next, the primary mission of the Gestapo and the SD was to combat the actual and ideological enemies of the Nazi regime and to keep Hitler and the Nazi leadership in power as specified in Count One of the Indictment. The tasks and methods of the Secret State Police were well described in an article which is translated in Document 1956-PS, Volume 2 of the document book, which is an article published in January 1936 in Das Archiv at Page 1342, which I now offer in evidence and quote from. It is on Page 1 of the English translation, 1956. I will first read the first paragraph and then the third and fourth paragraphs. That is in January 1936. Quoting:

“In order to refute the malicious rumors spread abroad, the Völkischer Beobachter of 22 January 1936 published an article on the origin, purpose, and duties of the Secret Police; extracts from this read as follows: . . .”

Then skip to the third paragraph:

“The Secret State Police is an official instrument of the Criminal Police authorities, whose special task is the detection of crimes and offenses against the State, especially treason against Land or Reich. The task of the Secret State Police is to discover these crimes and offenses, to find the perpetrators, and to bring them to trial. The number of criminal proceedings continually pending in the People’s Court for treasonable acts against Land or Reich is the result of this work. The second important field of operations for the Secret State Police is the preventive combatting of all dangers threatening the State and its leaders. As, since the National Socialist revolution, all open struggle and all open opposition to the State and to the leadership of the State is forbidden, a Secret State Police as a preventive instrument in the struggle against all dangers threatening the State is indissolubly bound up with the National Socialist Führer State. The opponents of National Socialism were not eliminated by the prohibition of their organizations and their newspapers, but have withdrawn to other forms of opposition to the state. Therefore the National Socialist State has to track down, to watch, and to render harmless the underground opponents fighting against it, in illegal organizations, in camouflaged associations, in the coalitions of well-meaning fellow-Germans, and even in the organizations of the Party and the State, before they have succeeded in actually executing any action against the interests of the State. This duty of fighting with every means this battle against the secret enemies of the State will be spared no Führer State, because enemy forces from their foreign headquarters always secure the services of some individuals in such a state and employ them in underground activity against the state.


“The preventive measures of the Secret State Police consist first of all in the close surveillance of all enemies of the State in the Reich territory. As the Secret State Police cannot, in addition to its important executive tasks, perform this surveillance of the enemies of the State to the extent necessary, there enters to supplement it, the Security Service of the Reichsführer of the SS set up by the Führer’s deputy as the political intelligence service of the Movement, putting thereby into the service of the security of the State a large part of the forces of the Movement mobilized by him.


“The Secret State Police takes the necessary police preventive measures against the enemies of the State on the basis of the results of observation. The most effective preventive measure is, without doubt, deprival of freedom, which is imposed in the form of ‘protective custody’ if it is feared that the free activity of the persons in question might endanger the security of the State in any way. The use of protective custody is so regulated by directives of the Minister of the Interior of the Reich and Prussia and by special arrest examination procedures of the Secret State Police that—as far as preventive action against the enemies of the State permits—ample guarantees against the abuse of protective custody are provided. . . .”

THE PRESIDENT: Colonel Storey, haven’t we really got enough now as to the organization of the Gestapo and its objects?

COL. STOREY: I’ll omit the reading of the rest of this paragraph.

THE PRESIDENT: I’m not sure that will satisfy me. What I was asking is haven’t we got enough about the organization of the Gestapo now?

COL. STOREY: Your Honor, I was through with the organization. I was just going into the question of this action of protective custody, for which the Gestapo was famous, and showing how they went into that field of activity and the authority for taking people into protective custody—alleged protective custody.

THE PRESIDENT: I think that has been proved more than once in the preceding evidence that we have heard.

COL. STOREY: There is one more law I would like to refer to, that is, it’s not subject to judicial review—unless that has been established. I do not know whether Major Farr did that, or not.

THE PRESIDENT: That they are not subject to judicial review?

COL. STOREY: Review, yes.

THE PRESIDENT: I think you have told us that already this afternoon.

COL. STOREY: The citation is in the Reichsverwaltungsblatt of 1935, Page 577, which is Document 2347-PS. I would like, if Your Honors please, to refer to this quotation from that same law.

The decision of the Prussian High Court of Administration on the 2d of May 1935 held that the status of the Gestapo as a special Police authority removed its orders from the jurisdiction of the administrative tribunal, and the court said in that law that the only redress available was by appeal to the next higher authority within the Gestapo itself.

THE PRESIDENT: I think you told us that, apropos of the document of the 10th of February 1936, where you said the Secret State Police was not subject to review by any of the state courts.

COL. STOREY: I just did not want there to be any question about the authority. I refer Your Honors to Document 1852-PS, which is already in evidence as Exhibit USA-449, also stating that theory, and also Document 1723-PS. That is the decree, Your Honor, of February 1, 1938, which relates to the protective custody and the issuance of new regulations; and I would like to quote just one sentence from that law:

“In order to counter all attempts of the enemies of the people and of the State, protective custody may be ordered as a coercive measure of the Secret State Police against persons who, through their attitude, endanger the life and security of the people and the State.”

And the Gestapo had the exclusive right to order protective custody and that protective custody was to be executed in the State concentration camps.

Now I pass to another phase where the SD created an organization of agents and informers who operated through the various regional offices throughout the Reich and later in conjunction with the Gestapo and the Criminal Police throughout the occupied countries. The SD operated secretly. One of the things it did was secretly to mark ballots in order to discover the identity of persons who cast “No” and invalid votes in the referendum. I now offer in evidence Document R-142, second volume. I believe it is toward the end of the document book—R-142, Exhibit USA-481.

This document contains a letter from the branch office of the SD at Kochem to the SD at Koblenz. The letter is dated 7 May 1938 and refers to the plebiscite of 10 April 1938. It refers to a letter previously received from the Koblenz office and apparently is a reply to a request for information concerning the way in which people voted in the supposedly secret plebiscite. It is on Page 1 of Document R-142.

THE PRESIDENT: Colonel Storey, I am told that that has been read before.

COL. STOREY: I did not know it had, if Your Honor pleases. We will just offer it without reading it then.

With reference to National Socialism and the contribution of the Sipo and the SD, I refer to an article of 7 September 1942, which is shown in 3344-PS. It is the first paragraph, Volume 2. It is the official journal. Quoting:

“Already before the taking over of power, the SD contributed its part to the success of the National Socialist revolution. Since the taking over of power, the Security Police and the SD have borne the responsibility for the inner security of the Reich and have paved the way for a powerful victory of National Socialism against all resistance.”

In connection with the criminal responsibility of the SD and the Gestapo, it will be considered with respect to certain War Crimes and Crimes against Humanity which were in the principal part committed by the centralized political police system. The development, organization, and tasks have been considered before. In some instances the crimes were committed in co-operation or in conjunction with other groups or organizations.

Now in order to look into the strength of these various organizations, I have some figures here that I would like to quote to Your Honors. The Sipo and SD were composed of the Gestapo, Kripo, and SD. The Gestapo was the largest, and it has a membership of about 40,000 to 50,000 in 1934 and 1935. That is an error; it is 1943 to 1945. It was the political force of the Reich.

THE PRESIDENT: Did you say the date was wrong?

COL. STOREY: Yes, Sir, the date was wrong, it is ’43 to ’45, if Your Honor pleases; 40 to 50 thousand.

THE TRIBUNAL: (Mr. Biddle): Where are you reading from?

COL. STOREY: It is Document 3033-PS, and it is an affidavit of Walter Schellenberg, one of the former officials I referred to a moment ago.

I believe, if Your Honor pleases, to get it in the record, I will read that whole affidavit. It is Document 3033-PS, Exhibit USA-488. I have the English translation here:

“The Sipo and SD was composed of the Gestapo, Kripo, and SD. In 1943-45 the Gestapo had a membership of about 40,000 to 50,000, the Kripo had a membership of about 15,000, and the SD had a membership of about 3,000. In common usage and even in orders and decrees the term ‘SD’ was used as an abbreviation for the term ‘Sipo and SD.’ In most cases actual executive action was carried out by personnel of the Gestapo in place of the SD or the Kripo. In occupied territories, members of the Gestapo frequently wore SS uniforms with SD insignia. New members of the Gestapo and the SD were taken on a voluntary basis.”

And then “subscribed and sworn to on the 21st of November 1945 before Lieutenant Harris.”

I think I ought to say here, if Your Honors please, that it is our information that a great many of the members of the Gestapo were also members of the SS. We have heard various estimates of the amount but have no direct authority. Some authorities say as much as 75 percent, but still we have no direct evidence on that.

I now offer in evidence Document 2751-PS, which is Exhibit USA-482. It is an affidavit of Alfred Helmut Naujocks, dated November 20, 1945. This affidavit particularly refers to the actual occurrences in connection with the Polish border incident. I believe it was referred to by the Witness Lahousen when he was on the stand:

“I, Alfred Helmut Naujocks, being first duly sworn, depose and state as follows:


“1. I was a member of the SS from 1931 to 19 October 1944 and a member of the SD from its creation in 1934 to January 1941. I served as a member of the Waffen-SS from February 1941 until the middle of 1942. Later I served in the Economics Department of the Military Administration of Belgium from September 1942 to September 1944. I surrendered to the Allies on 19 October 1944.


“2. On or about 10 August 1939 the Chief of the Sipo and SD, Heydrich, personally ordered me to simulate an attack on the radio station near Gleiwitz, near the Polish border, and to make it appear that the attacking force consisted of Poles. Heydrich said: ‘Actual proof of these attacks of the Poles is needed for the foreign press, as well as for German propaganda purposes.’ I was directed to go to Gleiwitz with five or six SD men and wait there until I received a code word from Heydrich indicating that the attack should take place. My instructions were to seize the radio station and to hold it long enough to permit a Polish-speaking German, who would be put at my disposal, to broadcast a speech in Polish. Heydrich told me that this speech should state that the time had come for the conflict between the Germans and the Poles and that the Poles should get together and strike down any Germans from whom they met resistance. Heydrich also told me at this time that he expected an attack on Poland by Germany in a few days.


“3. I went to Gleiwitz and waited there a fortnight. Then I requested permission of Heydrich to return to Berlin but was told to stay in Gleiwitz. Between the 25th and 31st of August I went to see Heinrich Müller, head of the Gestapo, who was then nearby at Oppeln. In my presence Müller discussed with a man named Mehlhorn plans for another border incident, in which it should be made to appear that Polish soldiers were attacking German troops . . . . Germans in the approximate strength of a company were to be used. Müller stated that he had 12 or 13 condemned criminals who were to be dressed in Polish uniforms and left dead on the ground at the scene of the incident to show that they had been killed while attacking. For this purpose they were to be given fatal injections by a doctor employed by Heydrich. Then they were also to be given gunshot wounds. After the assault members of the press and other persons were to be taken to the spot of the incident. A police report was subsequently to be prepared.


“4. Müller told me that he had an order from Heydrich to make one of those criminals available to me for the action at Gleiwitz. The code name by which he referred to these criminals was ‘Canned Goods.’


“5. The incident at Gleiwitz in which I participated was carried out on the evening preceding the German attack on Poland. As I recall, war broke out on the 1st of September 1939. At noon on the 31st of August I received by telephone from Heydrich the code word for the attack which was to take place at 8 o’clock that evening. Heydrich said, ‘In order to carry out this attack, report to Müller for “Canned Goods.” ’ I did this and gave Müller instructions to deliver the man near the radio station. I received this man and had him laid down at the entrance to the station. He was alive, but he was completely unconscious. I tried to open his eyes. I could not recognize by his eyes that he was alive, only by his breathing. I did not see the shot wounds, but a lot of blood was smeared across his face. He was in civilian clothes.


“6. We seized the radio station as ordered, broadcast a speech of 3 to 4 minutes over an emergency transmitter, fired some pistol shots, and left.”

And then “sworn to and subscribed to before Lieutenant Martin”.

The Gestapo and the SD carried out mass murders of hundreds of thousands of civilians of occupied countries, as a part of the Nazi program to exterminate political and racial undesirables, by the so-called Einsatz Groups. Your Honors will recall evidence concerning the activities of these Einsatz Groups or Einsatzkommandos. I now refer to Document R-102.

If Your Honors please, I understand Major Farr introduced this document this morning; but I want to refer to just one brief statement, which he did not include, concerning the SD and the Einsatz Groups and Security Police. It is on Page 4 of R-102. Quoting:

“During the period covered by this report the stations of the Einsatz Groups of the Security Police and SD have changed only in the northern sector.”

THE PRESIDENT: What was the document?

COL. STOREY: R-102, which was already introduced in evidence by Major Farr, and it is in Volume 2 toward the end of the book. There are two reports submitted by the chief of the Einsatz Group A available. The first report is Document L-180, which has already been received as Exhibit USA-276.

THE PRESIDENT: Colonel Storey, would you not pass quite so quickly from one document to another?

COL. STOREY: Yes, Sir, pardon me, Sir. L-180, and I want to quote from Page 13. It is on Page 5 of the English translation. It is the beginning of the first paragraph, near the bottom of the page. Quoting:

“In view of the extension of the area of operations and of the great number of duties which had to be performed by the Security Police, it was intended from the very beginning to obtain the co-operation of the reliable population in the fight against felons, that is, mainly the Jews and Communists.”

And also in that same document, Page 30 of the original, Page 8 of the English translation, quoting:

“From the beginning it was to be expected that the Jewish problem in Ostland could not be solved by pogroms alone.”

THE PRESIDENT: I am told that this has been read already.

COL. STOREY: I had it checked, and we did not catch that, Your Honor. I will pass on then.

Now, if Your Honor pleases, we will pass to Document 2273-PS next. I offer in evidence now just portions of Document 2273-PS, which is Exhibit USA-487. This document was captured by the U.S.S.R. and will be offered in detail by our Soviet colleagues later. But, with their consent, I want to introduce in evidence a chart which is identified by that document; and we have an enlargement which we would like to put on the board, passing to the Tribunal photostatic copies.

If Your Honor pleases, this chart is identified by the photostatic copy attached to the original report which will be dealt with in detail later. I want to quote just one statement from Page 2 of the English translation of that document. It is the third paragraph from the bottom on Page 2 of the English translation:

“The Estonian self-protection movement, formed as the Germans advanced, did begin to arrest Jews; but there were no spontaneous pogroms. Only by the Security Police and the SD were the Jews gradually executed as they became no longer required for work. Today there are no longer any Jews in Estonia.”

That document is a top-secret document by Einsatz Group A, which was a special projects group. This chart, of which the photostatic copy is attached to the original in the German translation on the wall, shows the progress of the extermination of the Jews in the area in which this Einsatzkommando group operated.

If Your Honors will refer to the top, next to Petersburg—or Leningrad as we know it—and down below, you will see the picture of a coffin; and that is described in the report as 3,600 having been killed.

Next, over at the left, is another coffin in one of the small Baltic states showing 963 in that area have been put in the coffin.

Then next, down near the capital of Riga, you will note that 35,238 were put away in the coffins; and it refers to the ghetto there as still having 2,500.

You come down to the next square or the next state showing 136,421 were put in their coffins; and then in the next area, near Minsk and just above Minsk, there were 41,828 put in their coffins.

THE PRESIDENT: Are you sure they were put in their coffins, the 136,000?

COL. STOREY: I beg your pardon, Sir?

THE PRESIDENT: Are you sure that they were executed, the 136,000?—because there is no coffin there.

COL. STOREY: No, Sir—the bottom statement—here are the totals from the documents.

THE PRESIDENT: These photostatic copies are different from what you have got there. In the area which is marked 136,421 there is no coffin.

COL. STOREY: Well, I am sorry. The one that I have is a true and correct copy of theirs.

THE PRESIDENT: Mine has not got it and Mr. Biddle’s has not got it.

COL. STOREY [Turning to an assistant.] Will you hand this to the President, please?

THE PRESIDENT: I suppose the document itself will show it.

COL. STOREY: I will turn to the original and verify it. Let me have the original, please. Apparently there is a typographical error. If Your Honor pleases, here it is: 136,421, with the coffin.

THE PRESIDENT: Mr. Parker points out it is in the document itself, too.

COL. STOREY: Yes, Sir, it is in the document itself. There is an error on that.

The 128,000 at the bottom shows at that time there were 128,000 on hand, and the literal translation of the statement, as I understand, means, “still on hand in the Minsk area.”

I next refer to Document 1104-PS, Volume 2, Exhibit USA-483, which I now offer in evidence.

THE PRESIDENT: Colonel Storey, did you tell us what the document was? There is nothing on the translation, is there, to show what the document is.

COL. STOREY: If Your Honor pleases, it is a report of the special-purpose Group A, a top-secret report—or the Einsatz group in other words—making a record of their activities in these areas, and this chart was attached showing the areas covered.

THE PRESIDENT: Special group of the Gestapo?

COL. STOREY: The special group that was organized of the Gestapo and the SD in that area. In other words, a Commando group.

As I mentioned, Your Honor, they organized these special Commando groups to work in and behind the armies as they consolidated their gains in occupied territories, and Your Honor will hear from other reports of these Einsatz groups as we go along in this presentation. In other words, “Einsatz” means “special action” or “action groups,” and they were organized to cover certain geographical areas behind the immediate front lines.

THE PRESIDENT: Yes, but they were groups, were they, of the Gestapo?

COL. STOREY: The Gestapo and the SD.

THE PRESIDENT: Well, that is part of the Gestapo.

COL. STOREY: There were some of the Kripo in it too.

Now the next document is 1104-PS, dated October 30, 1941. This document shows on that date the Commissioner of the territory of Sluzk wrote a report to the Commissioner General of Minsk, in which he severely criticized the actions of the Einsatzkommandos of the Sipo and the SD operating in his area for the murder of the Jewish population of that area, and I quote from the English translation, on Page 4 of that document, beginning at the first paragraph after the colon:

“On 27 October, in the morning at about 8 o’clock, a first lieutenant of the Police Battalion Number 11, from Kovno, Lithuania, appeared and introduced himself as the adjutant of the battalion commander of the Security Police. The first lieutenant explained that the police battalion had received the assignment to effect the liquidation of all Jews here in the town of Sluzk within 2 days. The battalion commander with his battalion in strength of four companies, two of which were made up of Lithuanian partisans, was on the march here and the action would have to begin instantly. I replied to the first lieutenant that I had to discuss the action in any case first with the commander. About half an hour later the police battalion arrived in Sluzk. Immediately after the arrival a conference with the battalion commander took place according to my request. I first explained to the commander that it would not very well be possible to effect the action without previous preparation, because everybody had been sent to work and that it would lead to terrible confusion. At least it would have been his duty to inform me a day ahead of time. Then I requested him to postpone the action 1 day. However, he refused this with the remark that he had to carry out this action everywhere in all towns and that only 2 days were allotted for Sluzk. Within those 2 days the town of Sluzk had by all means to be cleared of Jews.”

That report was made to the Reich Commissioner for the Eastern Territories through Gauleiter Hinrich Lohse, at Riga. Your Honors will recall that he was referred to in another presentation.

Now skipping over to Page 5, the first paragraph—I would like to quote it:

“For the rest, as regards the execution of the action, I must point out, to my deepest regret, that the latter almost bordered on sadism. The town itself during the action offered a picture of horror. With indescribable brutality on the part both of the German police officers and particularly of the Lithuanian partisans, the Jewish people, and also with them White Ruthenians, were taken out of their dwellings and herded together. Everywhere in the town shots were to be heard, and in different streets the corpses of Jews who had been shot accumulated. The White Ruthenians were in the greatest anguish to free themselves from the encirclement. In addition to the fact that the Jewish people, among whom were also artisans, were barbarously maltreated in sight of the White Ruthenian people, the White Ruthenians themselves were also beaten with clubs and rifle butts. It was no longer a question of an action against the Jews. It looked much more like a revolution.”

And then I skip down to the next to the last paragraph on that same page, quoting:

“In conclusion, I find myself obliged to point out that the police battalion looted in an unheard-of manner during the action and that not only in Jewish houses but equally in those of the White Ruthenians. Anything of use, such as boots, leather, cloth, gold and other valuables, was taken away. According to statements of the troops, watches were torn off the arms of Jews openly on the street and rings pulled off their fingers in the most brutal manner. A disbursing officer reported that a Jewish girl was asked by the police to obtain immediately 5,000 rubles to have her father released. This girl is said actually to have run about everywhere to obtain the money.”

There is another paragraph, with reference to the number of copies, on the third page of the translation, to which I would like to call Your Honors’ attention—the last paragraph on Page 3 of the translation, quoting:

“I am submitting this report in duplicate so that one copy may be forwarded to the Reich Minister. Peace and order cannot be maintained in White Ruthenia with methods of that sort. To have buried alive seriously wounded people, who then worked their way out of their graves again, is such extreme beastliness that this incident as such must be reported to the Führer and the Reich Marshal.


“The civil administration of White Ruthenia makes every effort to win the population over to Germany, in accordance with the instructions of the Führer. These efforts cannot be brought into harmony with the methods described here.”—Signed by the Commissioner General for White Ruthenia.

And then, on the 11th of November 1941, he forwards it on to the Reich Minister for occupied countries, in Berlin.

THE PRESIDENT: Who was that at that time?

COL. STOREY: The Reich Minister, I believe—at that time at least—for the eastern occupied countries was the Defendant Rosenberg. I think that is correct. On the same date, by separate letter, the Commissioner General of White Ruthenia reported to the Reich Commissioner for the eastern countries that he had received money, valuables, and other objects taken by the police in the action at Sluzk and other regions, all of which had been deposited with the Reich Credit Institute for the disposal of the Reich Commissioner.

On 21 November 1941 a report on the Sluzk incident was sent to the personal reviewer of the permanent deputy of the Minister of the Reich with a copy to Heydrich, who was the Chief of the Security Police and the SD. That is shown on the first page of Document Number 1104-PS.

The activities of the Einsatz groups continued throughout 1943 and 1944 under Kaltenbrunner as Chief of the Security Police and SD. Under adverse war conditions, however, the program of extermination was, to a large extent, changed to one of rounding up slave labor for Germany.

I next refer to Document 3012-PS, which has heretofore been introduced as Exhibit USA-190. This is a letter from the headquarters of one of the Commando groups, a section known as Einsatz Group C, dated 19 March 1943. This letter summarizes the real activities and methods of the Gestapo and SD, and I should like to refer to additional portions to those previously quoted, on Page 2 of Document 3012-PS; and I believe I will read the first page, beginning with the first paragraph:

“It is the task of the Security Police and of the Security Service”—SD—“to discover all enemies of the Reich, and fight against them in the interest of security, especially the security of the Army in the zone of operations. Besides the annihilation of active, avowed opponents, all other elements who by virtue of their convictions or their past might under favorable conditions actively appear as enemies are to be eliminated through preventive measures. The Security Police carries out this task according to the general directives of the Führer, with all required severity. Energetic measures are especially necessary in territories endangered by the activity of partisan bands. The competence of the Security Police within the zone of operations is based on the ‘Barbarossa’ decrees.”—The Tribunal will recall the famous “Barbarossa” code-name decrees that were issued in connection with the invasion of Russia—“I deem the measures of the Security Police, carried out on a considerable scale during recent times, necessary for the two following reasons:


“1. The situation at the front in my sector had become so serious that the population, partly influenced by Hungarians and Italians who were streaming back in confusion, were openly opposing us.


“2. The strong expeditions by partisan bands, coming chiefly from the forest of Bryansk, were another reason. Besides that, other partisan groups formed from the population were appearing like mushrooms in all districts. The procurement of arms evidently provided no difficulties at all. It would have been inexcusable if we had observed this whole activity without taking measures against it. It is obvious that all such measures are accompanied by severity.


“I want to take up the significant points of these severe measures:


“1) The shooting of Hungarian Jews; 2) the shooting of agriculturalists; 3) the shooting of children; 4) the burning to the ground of villages; 5)”—the shooting, quoting—“while trying to escape, of Security Service (SD) prisoners.


“Chief of Einsatz Group C confirmed once more the suitability of the measures executed and expressed his appreciation for the drastic steps taken. In consideration of the current political situation, especially in the armament industry in the fatherland, the measures of the Security Police are to be subordinated to the greatest extent to the recruiting of labor for Germany. In the shortest possible time the Ukraine has to place at the disposal of the armament industry 1 million workers, 500 of whom have to be sent from our territory daily.”

If Your Honor pleases, I believe the numbers have been quoted before by Mr. Dodd. I refer on the next page to the first order, in 1 and 2—Subparagraphs:

“1. Special treatment is to be kept to a minimum.


“2. The listing of communist functionaries, activists, and so on, is to take place only by roster for the time being, without arrests. It is, for instance, no longer feasible to arrest all the close relatives of a member of the Communist Party. Likewise members of the Komsomolz are to be arrested only if they were active in leading positions.”

The next subparagraphs have been read into evidence, 3 and 4, in a previous presentation.

“5. The reporting of partisan bands as well as drives against them is not affected hereby. I point out, however, that all drives against those bands are to take place only with my approval.


“6. The prisons are to be kept empty as a rule. We must be aware of the fact that the Slavs interpret all soft treatment on our part as weakness and that they will act accordingly, right away. If we restrict our harsh Security Police measures through the above orders for the time being, it is done only for the following reason: the most important thing is the recruiting of workers. No check of persons to be sent into the Reich will be made. There are therefore no written certificates of political reliability or the like to be furnished.”—Signed—“Christensen, SS Sturmbannführer and Commanding Officer.”

I understood that Your Honor wanted to adjourn at 4 o’clock, and I believe that I can introduce one more statement. It was the Einsatz Groups of the Security Police and SD that operated the infamous death vans. Previously, Document 501-PS, which was received as Exhibit USA-288, referred to this operation. The letter from Becker, which is a part of this exhibit, was addressed to Obersturmbannführer Rauff at Berlin. We now refer to Document L-185. I simply refer to Document 501-PS as a reference to the death vans. Document L-185, Exhibit USA-484, is the one I now offer in evidence, Page 7 of the English translation—L-185. It will be observed that the chief of Amt II D of the RSHA in charge of technical matters was Obersturmbannführer Rauff. Mr. Harris advises me that the only point to be proved by that is that the chief of Amt II D of the RSHA, who made this report on technical matters, was the Obersturmbannführer Rauff; and then he refers in the same connection to Document 2348-PS, which is Exhibit USA-485. The previous one was to identify Rauff, and then to offer his affidavit which is 2348-PS, second volume. Reading from the beginning of the affidavit—it was made on 19 October 1945 in Ancona, Italy—quoting:

“I hereby acknowledge the attached letter, written by Dr. Becker . . . on the 16 May 1942 and received by me on the 29 May 1942, as a genuine letter. I did on 18 October 1945 write on the side of this letter a statement to the effect that it was genuine. I do not know the number of death vans being operated and cannot give an approximate figure. The vans were built by the Saurer Works, Germany, located, I believe, in Berlin. Some other firms built these vans also. Insofar as I am aware, these vans operated only in Russia. Insofar as I can state, these vans were probably operating in 1941; and it is my personal opinion that they were operating up to the termination of the war.”

If Your Honor pleases, I do not believe that we will have time to go into the next exhibit.

THE PRESIDENT: Very well. Then the Tribunal will now adjourn, until Wednesday, the 2d of January.

[The Tribunal adjourned until 2 January 1946 at 1000 hours.]


TWENTY-FIFTH DAY
Wednesday, 2 January 1946

Morning Session

THE PRESIDENT: I call on the counsel for the United States.

COL. STOREY: If the Tribunal please, when Your Honors adjourned on 20 December we were presenting the Gestapo and had referred to the use of the death vans by the Einsatz groups in the eastern occupied countries and had almost concluded that phase of the presentation. Your Honors will recall we had referred to the use of some death vans made by the Saurer works, and the final reference that I want to make in that connection is to a telegram attached to Document 501-PS, which it is not necessary to read, which establishes the fact that the same make of truck or vans were the death vans used by the Einsatz groups.

The final document in connection with the Einsatz groups in the Eastern Occupied Territories which we desire to offer is Document 2992-PS, and I believe it is in the second volume of the document book. This is an affidavit made by Hermann Gräbe. Hermann Gräbe is at present employed by the United States Government at Frankfurt. The affidavit was made at Wiesbaden; and I offer excerpts from the affidavit, 2992-PS, Exhibit Number USA-494.

This witness was at the head of a construction firm that was doing some building in the Ukraine and he was an eyewitness to the anti-Jewish actions at the town of Rovno, Ukraine, on 13 July 1942, and I refer to the part of the affidavit which is on Page 5 of the English translation. Beginning at the first:

“From September 1941 until January 1944 I was manager and engineer-in-charge of a branch office in Sdolbunov, Ukraine, of the Solingen building firm of Josef Jung. In this capacity it was my job to visit the building sites of the firm. The firm had, among others, a site in Rovno, Ukraine.


“During the night of 13 July 1942, all inhabitants of the Rovno ghetto, where there were still about 5,000 Jews, were liquidated.


“I should describe the circumstances of my being a witness of the dissolution of the ghetto and the carrying out of the pogrom during the night and morning, as follows:


“I employed for the firm in Rovno, in addition to Poles, Germans, and Ukrainians, about 100 Jews from Sdolbunov, Ostrog, and Mysotch. The men were quartered in a building, 5 Bahnhofstrasse, inside the ghetto, and the women in a house at the corner of Deutschestrasse, 98.


“On Saturday, 11 July 1942, my foreman, Fritz Einsporn, told me of a rumor that on Monday all Jews in Rovno were to be liquidated. Although the vast majority of the Jews employed by my firm in Rovno were not natives of this town, I still feared that they might be included in this announced pogrom. I therefore ordered Einsporn at noon of the same day to march all the Jews employed by us—men as well as women—in the direction of Sdolbunov, about 12 kilometers from Rovno. This was done.


“The Eldest of the Jews had learned of the departure of the Jewish workers of my firm. He went to see the commanding officer of the Rovno Sipo and SD, SS Major (SS Sturmbannführer) Dr. Pütz, as early as Saturday afternoon to find out whether the rumor of a forthcoming Jewish pogrom, which had gained further credence by reason of the departure of Jews of my firm, was true. Dr. Pütz dismissed the rumor as a clumsy lie and for the rest had the Polish personnel of my firm in Rovno arrested. Einsporn avoided arrest by escaping from Sdolbunov. When I learned of this incident I gave orders that all Jews who had left Rovno were to report back to work in Rovno on Monday, 13 July 1942. On Monday morning I myself went to see the commanding officer, Dr. Pütz, in order to learn, for one thing, the truth about the rumored Jewish pogrom and secondly to obtain information on the arrest of the Polish office personnel. SS Major Pütz stated to me that no pogrom whatever was planned. Moreover, such a pogrom would be stupid because the firms and the Reichsbahn would lose valuable workers.


“An hour later I received a summons to appear before the area commissioner of Rovno. His deputy, Stabsleiter and Cadet Officer Beck, subjected me to the same questions as I had undergone at the SD. My explanation that I had sent the Jews home for urgent delousing appeared plausible to him. He then told me—making me promise to keep it a secret—that a pogrom would, in fact, take place in the evening of Monday, 13 July 1942. After lengthy negotiation I managed to persuade him to give me permission to take my Jewish workers to Sdolbunov—but only after the pogrom had been carried out. During the night it would be up to me to protect the house in the ghetto against the entry of Ukrainian militia and SS. As confirmation of the discussion he gave me a document, which stated that the Jewish employees of Messrs. Jung were not affected by the pogrom.”

And this original which I hold in my hand, I will now pass to the translator for reading. I call the attention of Your Honors to the fact that it has the letterhead of “Der Gebietskommissar in Rovno,” and it is dated the 13th of July 1942, and it is signed by this area commissioner. I now read this document:

“The area commissioner”—which means Gebietskommissar—“Rovno. Secret.”—Addressed—“Messrs. Jung, Rovno.


“The Jewish workers employed by your firm are not affected by the pogrom”—in parenthesis “Aktion.” As I understand, that means “action.”


“You must transfer them to their new place of work by Wednesday, 15 July 1942, at the latest.”

Signed by the Area Commissioner Beck. And then the stamp—the official stamp of the area commissioner at Rovno.

Now, just the following paragraph on the original, Page 5 or 6, I believe it is; one more paragraph I would like to read after the reference “Original attached”:

“On the evening of this day I drove to Rovno and posted myself with Fritz Einsporn in front of the house in the Bahnhofstrasse in which the Jewish workers of my firm slept. Shortly after 2200 the ghetto was encircled by a large SS detachment and about three times as many members of the Ukrainian militia. Then the electric arclights which had been erected in and around the ghetto were switched on. SS and militia squads of four to six men entered or at least tried to enter the house. Where the doors and windows were closed and the inhabitants did not open at the knocking, the SS men and militia broke the windows, forced the doors with beams and crowbars and entered the houses. The people living there were driven on to the street just as they were, regardless of whether they were dressed or in bed. Since the Jews in most cases refused to leave their houses and resisted, the SS and militia applied force. They finally succeeded, with strokes of the whip, kicks, and blows with rifle butts, in clearing the houses. The people were driven out of their houses in such haste that small children in bed had been left behind in several instances. In the streets women cried out for their children and children for their parents. That did not prevent the SS from driving the people along the road at running pace, and hitting them, until they reached a waiting freight train. Car after car was filled, and the screaming of women and children and the cracking of whips and rifle shots resounded unceasingly. Since several families or groups had barricaded themselves in especially strong buildings and the doors could not be forced with crowbars or beams, the doors were now blown open with hand grenades. Since the ghetto was near the railroad tracks in Rovno, the younger people tried to get across the tracks and over a small river to get away from the ghetto area. As this stretch of country was beyond the range of the electric lights, it was illuminated by small rockets. All through the night these beaten, hounded, and wounded people moved along the lighted streets. Women carried their dead children in their arms, children pulled and dragged their dead parents by their arms and legs down the road toward the train. Again and again the cries, ‘Open the door! Open the door!’ echoed through the ghetto.”

I will not read any more of this affidavit. It is a very long one. There is also a second affidavit, but the part I wanted to emphasize is the fact that the original exemption was signed by the area commissioner and that the SD and the SS participated in this action.

THE PRESIDENT: Oughtn’t you to read the rest of that page, Colonel Storey?

COL. STOREY: All right, Sir. I really had eliminated that because I thought there might be some repetition.

“About 6 o’clock in the morning I went away for a moment, leaving behind Einsporn and several other German workers who had returned in the meantime. I thought the greatest danger was past and that I could risk it. Shortly after I left, Ukrainian militia men forced their way into 5 Bahnhofstrasse and brought seven Jews out and took them to a collecting point inside the ghetto. On my return I was able to prevent further Jews from being taken out. I went to the collecting point to save these seven men. I saw dozens of corpses of all ages and both sexes in the streets I had to walk along. The doors of the houses stood open, windows were smashed. Pieces of clothing, shoes, stockings, jackets, caps, hats, coats, et cetera, were lying in the street. At the corner of a house lay a baby, less than a year old with his skull crushed. Blood and brains were spattered over the house wall and covered the area immediately around the child. The child was dressed only in a little shirt. The commander, SS Major Pütz, was walking up and down a row of about 80 to 100 male Jews who were crouching on the ground. He had a heavy dog whip in his hand. I walked up to him, showed him the written permit of Stabsleiter Beck and demanded the seven men whom I recognized among those who were crouching on the ground. Dr. Pütz was very furious about Beck’s concession and nothing could persuade him to release the seven men. He made a motion with his hand encircling the square and said that anyone who was once here would not get away. Although he was very angry with Beck, he ordered me to take the people from 5 Bahnhofstrasse out of Rovno by 8 o’clock at the latest. When I left Dr. Pütz, I noticed a Ukrainian farm cart with two horses. Dead people with stiff limbs were lying on the cart. Legs and arms projected over the side boards. The cart was making for the freight train. I took the remaining 74 Jews who had been locked in the house to Sdolbunov.


“Several days after the 13th of July 1942 the area commissioner of Sdolbunov, Georg Marschall, called a meeting of all firm managers, railroad superintendents, and leaders of the Organization Todt and informed them that the firms, et cetera, should prepare themselves for the resettlement of the Jews which was to take place almost immediately. He referred to the pogrom in Rovno where all the Jews had been liquidated, i.e. had been shot near Kostopol.”

Finally, his signature is sworn to on the 10th of November 1945.

THE PRESIDENT: What nationality is Gräbe?

COL. STOREY: He is German. Gräbe was a German and is now in the employ of the Military Government at Frankfurt—the United States Military Government.

Your Honor, in that connection there is another separate affidavit attached to this which is a part of the same document, which I will not attempt to read. But it has to do with the execution of some people in another area and is along the same line. I am not reading it because it would be cumulative, but it is a part of this same document.

I now pass from that subject to the next subject.

The Gestapo and SD stationed special units in prisoner-of-war camps for the purpose of screening out racial and political undesirables and executing those who were screened out. The program of mass murder of political and racial undesirables carried on against civilians was also applied to prisoners of war who were captured on the Eastern Front. In this connection I call attention of the Tribunal to the testimony of General Lahousen, which Your Honors will recall, of the 30th of November 1945. Lahousen testified to a conference which took place in the summer of 1941 shortly after the beginning of the campaign against the Soviet Union, which was attended by himself—and I want to emphasize this, because we will later have a document that emanated from this conference—attended by himself, General Reinecke, Colonel Breuer, and Müller, the head of the Gestapo. At this conference the command to kill Soviet functionaries and Communists among the Soviet prisoners of war was discussed. The executions were to be carried out by Einsatzkommandos of the Sipo and the SD. Lahousen further recalled that Müller, who was the head of the Gestapo, insisted on carrying out the program and that the only concession he made was that, in deference to the sensibilities of the German troops, the executions would not take place in the presence of the troops. Müller also made some concessions as to the selection of the persons to be murdered; but, according to Lahousen, the selection was left entirely to the commanders of these screening units. I refer to Page 633 of the official transcript (Volume II, Page 458).

Now I offer Document 502-PS as the next exhibit, Exhibit Number USA-486. This document is a Gestapo directive of the 17 of July 1941—If you will recall, Lahousen said this conference was in the summer of 1941—It is addressed to commanders of the Sipo and SD stationed in camps and provides in part as follows, and I read from the first page of the English translation. Now, if the Tribunal please, our colleagues, the Soviet prosecutors, will present most of that document; and I am only going to read enough to show that the Gestapo were the ones that took part in it. From the beginning:

“The activation of Commandos will take place in accordance with the agreement of the Chief of the Security Police and Security Service and the Supreme Command of the Armed Forces as of 16 July 1941. Enclosure 1.


“The Commandos will work independently within the limits of the camp regulations according to special authorization and according to the general directives given to them. Naturally the Commandos will keep close contact with the camp commander and the intelligence officer assigned to him.


“The mission of the Commandos is the political investigating of all camp inmates, the separation and further treatment of:


“a. All political, criminal, or in some other way, intolerable elements among them;


“b. Those persons who could be used for the reconstruction of the occupied countries.”

Now I skip to the beginning of the fourth paragraph:

“The Commandos must use for their work, as far as possible at present and even later, the experiences of the camp commanders which the latter have collected meanwhile from the observation of the prisoners and examination of the camp inmates. Further, the Commandos must make efforts from the beginning to seek out among the prisoners elements which would appear reliable, regardless whether they are Communists or not, in order to use them for intelligence purposes inside the camp and, if advisable, later in the occupied territories also.


“By use of such informers and by use of all other existing possibilities, the discovery of all elements to be eliminated among the prisoners must proceed, step by step, at once. The Commandos must find out definitely in every case, by a short questioning of those reported and possibly by questioning other prisoners, what measures should be taken. The information of one informer is not sufficient to designate a camp inmate to be a suspect without further proof. It must be confirmed in some way, if possible.”

Now I skip to Page 2, the third paragraph of the English translation, quoting:

“Executions are not to be held in the camp or in the immediate vicinity of the camp. If the camps in the Government General are in the immediate vicinity of the border, then the prisoners are to be taken for special treatment, if possible, into the former Soviet Russian territory.”

And then the fifth paragraph:

“In regard to executions to be carried out and to the possible removal of reliable civilians and the removal of informers for the Einsatzgruppe into the occupied territories, the leader of the Einsatzkommandos must make an agreement with the nearest State Police office, as well as with the commandant of the Security Police unit and Security Service, and beyond these, with the Chief of the Einsatzgruppe concerned in the occupied territories.”

Proof that persons so screened out of the prisoner-of-war camps by the Gestapo were executed is to be found in Document 1165-PS, from which I did not intend to quote and which has been introduced previously as Exhibit Number USA-244. Document 1165-PS which shows that they executed those that had been screened out.

The first page of that document, without reading it, is a letter from the camp commandant of the Concentration Camp Gross-Rosen to Müller, who was the Chief of the Gestapo, dated the 23rd of October 1941, referring to a previous oral conference with Müller and setting forth the names of 20 Soviet prisoners of war executed the previous day.

The second page—I am still referring to 1165 but not reading from it, because it has been quoted from—is a directive issued by Müller on the 9th of November 1941 to all Gestapo offices, in which he ordered that all diseased prisoners of war should be excluded from transports to concentration camps for execution, because 5 to 10 percent of those destined for execution were arriving in the camps dead or half dead.

I now offer Document 2542-PS, Exhibit Number USA-489, which is in the second volume. This is an affidavit of Kurt Lindow, a former Gestapo official, which was taken on the 30th of September 1945, at Oberursel, Germany, in the course of an official military investigation by the United States Army; and I quote from that document from the beginning:

“I was criminal director in Section IV of the RSHA”—I call Your Honors’ attention to the chart on the board that he was criminal director in Section IV and head of the Subsection IV A 1—“from the middle of 1942 until the middle of 1944. I had the rank of SS Sturmbannführer.


“From 1941 until the middle of 1943, there was attached to Subsection IV A 1”—which is not shown on this chart, but has previously been described in the beginning—“a special department that was headed by the Regierungsoberinspektor, later Regierungsamtmann, and SS Hauptsturmführer Franz Königshaus. In this department, were handled matters concerning prisoners of war. I learned from this department that instructions and orders by Reichsführer Himmler dating from 1941 to 1942 existed, according to which captured Soviet political commissars and Jewish soldiers were to be executed. As far as I know, proposals for execution of such prisoners of war were received from the various prisoner-of-war camps. Königshaus had to prepare the orders for execution and submitted them to the chief of Section IV, Müller, for signature”—Müller being the head of the Gestapo.—“These orders were made out so that one was to be sent to the agency making the request, and a second one to the concentration camp designated to carry out the execution. The prisoners of war in question were at first formally released from prisoner-of-war status, then transferred to a concentration camp for execution.


“The Chief of the section Königshaus, was under me in disciplinary questions from the middle of 1942 until about the beginning of 1943 and worked, in matters of his department, directly with the chief of Subsection IV A, Regierungsdirector Panzinger. Early in 1943 the department was dissolved and absorbed into the departments in Subsection IV B. The work concerning Russian prisoners of war must then have been done by IV B 2a. Head of Department IV B 2a was Regierungsrat and Sturmbannführer Hans Helmuth Wolf.


“There existed in the prisoner-of-war camps on the Eastern Front small screening teams (Einsatzkommandos), headed by a lower ranking member of the Secret Police or Gestapo. These teams were assigned to the camp commanders and had the job to segregate the prisoners of war who were candidates for execution, according to the orders that had been given, and to report them to the office of the Secret Police.”

I will not read the remainder of that affidavit.

Passing from that phase of the case: The Gestapo and SD sent recaptured prisoners of war to concentration camps where they were executed—that is, prisoners of war who had escaped and were recaptured. The Tribunal will recall that in a document heretofore introduced, 1650-PS, was an order in which the Chief of the Security Police and SD instructed regional Gestapo offices to take certain classes of recaptured officers from camps and to transport them to Mauthausen concentration camp, under the operation known as “Kugel.” That, if Your Honor recalls, means “bullet.” That is the famous “Bullet Decree” that has been previously introduced. On the journey the prisoners of war were to be placed in irons. The Gestapo officers were to make semi-annual reports, giving numbers only, of the sending of these prisoners of war to Mauthausen. On the 27th of July 1944 an order was issued from the VI Corps Area Command on the treatment of prisoners of war. That is Document 1514-PS in the second volume, which I offer as Exhibit Number USA-491. This document provided that prisoners of war were to be discharged from prisoner-of-war status and transferred to the Gestapo under certain circumstances, and I quote from the first page, beginning with the word “subject,” quoting:

“Subject: Delivery of prisoners of war to the Secret State Police.


“Enclosed in the annex Reference Decree 1. The following summarized ruling is issued with respect to the delivery to the Secret Police:


“1) a) According to Reference Decrees 2 and 3, the commander of the camp has to deliver Soviet prisoners of war to the Secret State Police in case of punishable offenses and to dismiss them from imprisonment of war, if he does not believe that his disciplinary functions suffice to prescribe punishment for violations committed. Report of the facts of the case is not necessary.


“b) Recaptured Soviet prisoners of war have to be delivered first to the nearest police office in order to ascertain whether punishable offenses have been committed during the escape. The dismissal from imprisonment of war takes place upon suggestion of the police office, (Section A6 of Reference Decree Number 4 regarding the compilation of all regulations on the Arbeitseinsatz of prisoners of war who have been recaptured and refuse to work.)


“c) Recaptured Soviet officers who are prisoners of war have to be delivered to the Gestapo and to be dismissed from imprisonment of war. (Section A1 of Reference Decree Number 4.)


“d) Soviet officer prisoners of war who refuse to work and those who distinguish themselves as agitators and exert an unfavorable influence upon the willingness to work of the other prisoners of war have to be delivered by the responsible Stalag to the nearest State Police office and dismissed from imprisonment of war. (Section C1 of Reference Decree Number 4 and Reference Decree Number 5.)


“e) Soviet enlisted prisoners of war refusing to work who are ringleaders and those who distinguish themselves as agitators and therefore exert an unfavorable influence upon the willingness to work of the other prisoners of war have to be delivered to the nearest State Police office and to be dismissed from imprisonment of war. (Section C2 of Reference Decree Number 4.)


“f) Soviet prisoners of war (enlisted men and officers) who, with respect to their political attitude, have been sifted out by the Einsatzkommando of the Security Police and the Security Service have to be delivered upon request by the camp commander to the Einsatzkommando and to be dismissed from imprisonment of war. (Reference Decree Number 6.)


“g) 1. Polish prisoners of war have to be delivered, if acts of sabotage are proven, to the nearest State Police office and to be dismissed from imprisonment of war. The decision rests with the camp commander. Report on this is not necessary. (Reference Decree Number 7.)


“2. A report on the delivery and dismissal from imprisonment of war in the cases mentioned under Paragraph 1 of this decree to the Wehrkreis Command VI, Department for Prisoners of War, is not necessary.


“3. Prisoners of war from all nations have to be delivered to the Secret State Police and to be dismissed from imprisonment of war, if a special order to that effect is issued by the OKW or by Wehrkreis Command VI, Department for Prisoners of War.


“4. Prisoners of war under suspicion of participation in illegal organizations and resistance movements have to be left to the Gestapo upon request for the purpose of interrogation. They remain prisoners of war and have to be treated as such. The delivery to the Gestapo and their dismissal from imprisonment of war has to take place only by order of the OKW or of Wehrkreis Command VI, Department for Prisoners of War.


“In case of French and Belgian prisoners of war and interned Italian military personnel, approval of Wehrkreis Command VI, Department for Prisoners of War, has to be obtained—if necessary by phone—before delivery to the Gestapo for the purpose of interrogation.”

This decree was known as the “Bullet Decree.” Prisoners of war sent to Mauthausen concentration camp under the decree were executed.

I now offer in support of that statement Document 2285-PS, Exhibit Number USA-490. It is in the second volume. Document 2285-PS is an affidavit of Lieutenant Colonel Guivante de Saint Gast and Lieutenant Jean Veith, both of the French Army, which was taken on the 13th of May 1945 in the course of an official military investigation by the United States Army. The affidavit discloses that Lieutenant Colonel Gast was confined at Mauthausen from 18 March 1944 to 22 April 1945 and that Lieutenant Veith was confined from 22 April 1943 until 22 April 1945. I quote from the affidavit, beginning with the third paragraph of Page 1, quoting:

“In Mauthausen existed several treatments of prisoners, amongst them the ‘action K or Kugel’ (Bullet action). Upon the arrival of transports, prisoners with the mention ‘K’ were not registered, got no numbers, and their names remained unknown except for the officials of the Politische Abteilung. Lieutenant Veith had the opportunity of hearing upon the arrival of a transport the following conversation between the Untersturmführer Streitwieser and chief of the convoy:


“ ‘How many prisoners?’


“ ‘15 but two K.’


“ ‘Well, that makes 13.’


“The K prisoners were taken directly to the prison where they were unclothed and taken to the ‘bathroom.’ This bathroom in the cellars of the prison building near the crematory was specially designed for execution (shooting and gassing).


“The shooting took place by means of a measuring apparatus—the prisoner being backed towards a metrical measure with an automatic contraption releasing a bullet in his neck as soon as the moving plank determining his height touched the top of his head.


“If a transport consisted of too many ‘K’ prisoners, instead of losing time for the ‘measurement’ they were exterminated by gas sent into the shower room instead of water.”

I now pass to another subject, namely: “The Gestapo was responsible for establishing and classifying concentration camps and for committing racial and political undesirables to concentration and annihilation camps for slave labor and mass murder.”

The Tribunal has already received evidence concerning the responsibility of the Gestapo for the administration of concentration camps and the authority of the Gestapo for taking persons into protective custody to be carried out in the State concentration camps. The Gestapo also issued orders establishing concentration camps, transforming prisoner-of-war camps into concentration camps as internment camps, changing labor camps into concentration camps, setting up special sections for female prisoners, and so forth.

The Chief of the Security Police and SD ordered the classification of concentration camps according to the seriousness of the accusation and the chances for reforming the prisoners, from the Nazi viewpoint. I now refer to Documents 1063(a)-PS and 1063(b)-PS in the second volume, Exhibit Number USA-492. The concentration camps were classified as Class I, II, or III. Class I was for the least serious prisoners, and Class III was for the most serious. Now this Document 1063(a)-PS is signed by Heydrich and it is dated the 2d of January 1941. I quote from the beginning with the word “subject,” quoting:

“Subject: Classification of the concentration camps.


“The Reichsführer SS and Chief of the German Police has given his approval to classify the concentration camps into various categories, which take into account the personality of the prisoner as well as the degree of his harmfulness to the State. Accordingly, the concentration camps will be classified into the following categories:


“Category I—for all prisoners charged with minor offenses only and definitely qualified for correction; also for special cases and solitary confinement—Camps Dachau, Sachsenhausen, and Auschwitz I. The latter also applies in part to Category II.


“Category Ia—for all old prisoners conditionally qualified for work who could still be used in the medicinal herb gardens—Camp Dachau.


“Category II—for prisoners charged with major offenses but still qualified for re-education and correction—Camps Buchenwald, Flossenbürg, Neuengamme, Auschwitz II.


“Category III—for prisoners under most serious charges, also for those who have been convicted previously for criminal offenses; at the same time for asocial prisoners, that is to say, those who can hardly be corrected—Camp Mauthausen.”

I call Your Honor’s attention to the fact that we have been talking about Mauthausen, where the “K” action took place.

The Chief of the Security Police and SD had the authority to fix the length of the period of custody. During the war it was the policy not to permit the prisoners to know the period of custody and merely to announce the term as “until further notice.” That was established by Document 1531-PS, which has previously been introduced as Exhibit Number USA-248; and the only reason for referring to it is to show that they had the right to fix the length of period of custody.

The local Gestapo offices, which made the arrests, maintained a register called the “Haftbuch,” and I understand Haftbuch simply means a block or police register. In this register the names of all persons arrested were listed, together with personal data, grounds of arrest, and disposition. When orders were received from the Gestapo Headquarters in Berlin to commit persons who had been arrested to concentration camps, an entry was made in the Haftbuch to that effect.

I now offer in evidence the original of one of these books, and it is Document Number L-358, Exhibit Number USA-495. This book was captured by the 3rd Army when it overran an area; and it was captured by the T-Force on April 22, 1945, near Bad Sulza, Germany. This book is the original register used by the Gestapo at Tomaszow, Poland, to record the names of the persons arrested, the grounds for arrest, and the disposition made of cases during the period from 1 June 1943 to 20 December 1944.

In the register are approximately 3,500 names of persons. Approximately 2,200 were arrested for membership in the resistance movements and partisan units. This is a very large book; and I am going to ask the clerk to pass it to Your Honors so that you might get a look at it. It is too big to photograph. And if Your Honors will just turn to one of the pages, I will read what the different columns provide—just any one of the pages. There is a double column. It starts on the left and goes over to the other side. In the first column that heading is simply a number of the man when he comes in. The next column is his name. The third column is the family—a brief family history and his religion. The fourth is the domicile. The next shows the date he was arrested and by whom—that is the fifth column. The next column, the place of arrest. And then the next column, the reason for arrest. And then the next is another number which is apparently a serial number for delivery. And next to the last column is the disposition. And the final column, remarks.

Now, out of the 3,500 names that are shown in that book, Your Honors will notice a number of red marks. Those apparently meant the ones that were shot. Of these, 325 were shot. Only 35 of that 325 had first been tried. Nine hundred and fifty out of this list were sent to concentration camps; and 155 were sent to the Reich for forced labor. According to this register, similar treatment was accorded persons who were arrested on other grounds, for instance, Communists, Jews, hostages, and persons taken in reprisal. A large number are shown to have been arrested during raids, no further grounds being stated.

I particularly refer Your Honors to entries 286, 287, and 288, that is, the numbers in the first column of the register, where the crime charged to the person arrested was “als Juden”; in other words, he was a Jew. And by that you will find a red cross mark; and the punishment given was death.

I now pass from this document and simply call attention to Document L-215, which was heretofore introduced as Exhibit Number USA-243. I don’t intend to read from it unless Your Honors want to turn to L-215. This is a file of original dossiers on 25 Luxembourgers taken into protective custody for commitment to concentration camps. I will just refer to a sentence of the language in the document. Quoting:

“According to the finding of the State Police, he endangers by his attitude the existence and security of the people and the State.”

And in each case, with reference to those dossiers, that appears as being the reason for the execution of these 25 Luxembourgers. And in connection . . .

THE PRESIDENT: Colonel Storey, you said execution, did you not?

COL. STOREY: I beg your pardon—sending to concentration camps.

THE PRESIDENT: Yes. There is no evidence they were executed?

COL. STOREY: No, Sir; they were committed to concentration camps. And also in connection with that same document there is a form provided by which the Gestapo headquarters in Berlin were notified when the persons were received by the concentration camps.

Another document—which has heretofore been received as Exhibit Number USA-279, Document 1472-PS, in the second volume—I am simply going to refer to as a predicate for another. That was a telegram of 16 December 1942 in which Müller reported that the Gestapo could round up some 45,000 Jews in connection with the program of obtaining additional labor in concentration camps. And with reference to the same subject there is Document 1063(d)-PS, which has heretofore been offered as Exhibit Number USA-219. Müller sent a directive to the commanders and inspectors of the Security Police and SD and to the directors of the Gestapo regional offices in which he stated that Himmler had ordered, on 14 December 1942, that at least 35,000 persons who were fit for work had to be put into concentration camps not later than the end of January.

Now, in that same connection I offer Document L-41, Volume 1, as Exhibit Number USA-496. This document contains a further directive from Müller dated the 23rd of March 1943 and supplements the directive of 17 December 1942, to which I referred and in which he states that the measures are to be carried out until 30 April 1943. And I would like to quote from the second paragraph on Page 3 of the exhibit:

“Care must be taken, however, that only prisoners who are fit for work are transferred to concentration camps, and adolescents only in accordance with the given directives; otherwise, the concentration camps would become overcrowded, and this would defeat the intended aim.”

In that same connection I offer Document 701-PS, Exhibit Number USA-497. This is a letter dated 21 April 1943 from the Minister of Justice to the public prosecutors and also addressed to the Commissioner of the Reich Minister of Justice for the penal camps in Emsland. Quoting:

“Subject: Poles and Jews who are released from the penal institutions of the Department of Justice. Copies for the independent penal institutions.


“1. With reference to the new guiding principles for the application of Article 1, Section 2, of the decree of 11 June 1940, Reichsgesetzblatt I, Page 877—Attachment I of the decree (RV) of 27 January 1943—9133/2 Enclosure I-III a 2/2629—the Reich Security Main Office has directed by the decree of 11 March 1943—II A 2 Number 100/43—176:


“(a) Jews, who in accordance with Number VI of the directives are released from prison, are to be committed for life in the concentration camps Auschwitz or Lublin by the head office of the State Police competent for the district in which the prison is located, in compliance with directions issued about protective custody.


“The same applies to Jews who in the future are released from prison after serving a sentence of confinement.


“(b) Poles, who in accordance with Number VI of the directives are released from prison, are to be taken, by the head office of the State Police competent for the district in which the prison is located, for the duration of the war to a concentration camp in compliance with directions issued concerning protective custody.


“The same applies in the future to Poles being released from prison after serving a term of imprisonment of more than 6 months.


“In answer to the request of the Reich Security Main Office I ask that in the future: (a) All Jews about to be released and (b) all Poles awaiting release who have served a sentence of more than 6 months, are to be listed to the directorate of the State Police competent for the district for further confinement and, in due time before the end of sentence, are to be placed at its disposal for transfer.”

And the last paragraph states that this ruling replaces the hitherto ordered return of all Polish prisoners undergoing imprisonment in the Old Reich condemned in the annexed Eastern territory.

The next subject: The Gestapo and the SD participated in deportation of citizens of occupied countries for forced labor and handled the disciplining of forced labor.

With reference to the presentation heretofore made concerning forced labor, I do not intend to repeat. However, there were several references to important positions played by the Gestapo and the SD in rounding up persons to be brought into the Reich for forced labor and references in two or three documents that were introduced, I simply want to cite those documents as showing the part that the Gestapo and SD played. Document L-61, Exhibit Number USA-177. It is set out in this document book—I am simply citing it—it is a letter of the 26th of November 1942 from Fritz Sauckel, in which he stated that he had been advised by the Chief of the Security Police and SD under date of 26 October 1942 that during the month of November the evacuation of Poles in the Lublin district would begin in order to make room for the settlement of persons of the German race. The Poles who were evacuated as a result of this measure were to be put into concentration camps for labor as far as they were criminal or antisocial.

The Tribunal will also recall the Christensen letter, which is our Document 3012-PS, Exhibit Number USA-190. In that letter it is stated that during the year 1943 the program of mass murders carried out by the Einsatz groups in the East should be modified in order to round up hundreds of thousands of persons for labor in the armament industry. That was in Document 3012-PS, which has heretofore been introduced as Exhibit Number USA-190. And that force was to be used when necessary. Prisoners were to be released so that they could be used for forced labor. When villages were burned down the whole population was to be placed at the disposal of the labor commissioners.

Now in that connection the direct responsibility of the Gestapo for disciplining forced workers is shown in our exhibit, Document 1573-PS, Exhibit Number USA-498. This is a secret order signed by Müller himself to the regional Gestapo offices on the 18th of June 1941; and I quote from the document from the beginning. It is addressed:

“To all offices of the State Police—to the State Police, attention SS Sturmbannführer R. R. Nosske or deputy at Aachen.


“Subject: Measures to be taken against emigrants and civilian workers who come from the Greater Russian areas and against foreign workers.


“Reference: None.


“To prevent the return of Russian, Ukrainian, White Ruthenian, Cossack, and Caucasian emigrants and civilian workers from the territory of the Reich to the East without authorization and on their own initiative and to prevent attempts of sabotage by foreign workers in German production, I decide as follows:


“(1) The managers of the branch offices of the Russian, Ukrainian, White Ruthenian, and Caucasian trustees office, as well as of the relief committees and the leading members of the Russian, Ukrainian, White Ruthenian, Cossack, and Caucasian emigrants’ organizations, are to be notified immediately that they are not allowed to leave their domicile without permission of the Security Police until further notice. They are, at the same time, to be told to apply the same measures to the members who are under their care. Their attention is to be called to the fact that they will be arrested upon giving up their job or domicile without permission. I request a check on the presence of branch office leaders, if possible, by daily inquiries, on pretexts.


“(2) Emigrants and foreign workers who are specifically charged and who are suspected of intelligence work for the U.S.S.R. are to be arrested if the situation demands it. This step must be prepared; it is, however, not to be executed before the pass word ‘Fremdvölker’ has been transmitted by means of ‘urgent’ telegram.”

THE PRESIDENT: Do you think you should read the rest of that?

COL. STOREY: I don’t think so, Your Honor.

THE PRESIDENT: We will adjourn now for 10 minutes.

[A recess was taken.]

COL. STOREY: If the Tribunal please, I next offer in evidence Document 3360-PS, Exhibit Number USA-499, the second volume. Before I hand this document to the translator, I should like to exhibit it to Your Honors. It is an original telegram that was sent to the Gestapo office at Nuremberg. It was discovered by the C.I.C., by Lieutenant Stevens, near Hersbruck, Germany; and Your Honors will notice that parts of it have been burned. It was in connection with some documents that had been buried and they were partially burned when they were buried. This is one of the telegrams. It is from the Secret State Police, the State Police station at Nuremberg and Fürth, and it is dated the 12th of February 1944. I quote from the telegram:

“RSHA IV F 1-45/44; the Border Inspector General; urgent, submit immediately.


“Treatment of recaptured escaped Eastern laborers.”—Ostarbeiter.


“On the basis of an order of the RFSS, all recaptured escaped Eastern laborers without exception are, from now on, to be sent to concentration camps. For the purpose of reporting to RFSS, I ask for one single report by teletype to Section IV D (foreign laborers) on 10 March 1944 as to how many of such male or female Eastern laborers were turned over to a concentration camp between today and 10 March 1944.”

By these methods the Gestapo and SD maintained control over forced labor brought into the Reich.

The next subject I go into is that the Gestapo and SD executed captured commandos and paratroopers and protected civilians who lynched Allied fliers.

On 4 August 1942 Keitel issued an order which provided that the Gestapo and SD were responsible for taking counter measures against single parachutists or small groups of them with special missions. In substantiation I offer Document Number 553-PS as the exhibit next in order, Exhibit Number USA-500. I quote from the first page of the translation, the first part of Paragraph 3:

“Insofar as single parachutists are captured by members of the Armed Forces, they are to be delivered, after report to the competent Abwehr office, to the nearest agency of the Chief of the Security Police and SD without delay.”

Now, if the Tribunal please, to divert from the text: Colonel Taylor will present the Nazi High Command and a few of their orders. This is one and there is another one with which he is going to deal extensively. My purpose in introducing these orders now is to show the part that the Gestapo and SD played in connection with those orders.

The next order that I introduce is Document 498-PS, in the first volume, Exhibit Number USA-501. That is the celebrated Commando order signed by the Führer himself on the 18th of October 1942. There were only 12 copies of this made and it bears the personal, original signature of Adolf Hitler. One copy was sent to the Reichsführer SS and Chief of the German Police. That order, without reading it and getting down to the part from which I want to quote, simply provides that all commandos, whether or not in uniform or unarmed, are to be slaughtered to the last man. I want to read down toward the bottom, the beginning of Paragraph 4, to show the part of the SD:

“If individual members of such commandos, such as agents, saboteurs, et cetera, fall into the hands of the military forces in some other way, through the police in occupied territories for instance, they are to be handed over immediately to the SD.”

Another one of those orders is Number 526-PS, Exhibit Number USA-502, to which I would like to refer. That document has to do with some alleged saboteurs landing in Norway. It is dated the 10th of May 1943 and is top-secret. I quote the first paragraph as identifying a crew:

“On 30 March 1943 on Toftefjord (70° latitude) an enemy cutter was sighted. Cutter was blown up by the enemy. Crew: two dead men, 10 prisoners.”

That is the crew. Near the bottom of that order, the third sentence from the bottom, is this statement: “Führer order executed by SD”—Security Service.

We have heretofore introduced Document R-110, Exhibit Number USA-333; and that was the Himmler order of 10 August 1943 which was sent to Security Police. That order provided that it was not the task of the police to interfere in clashes between Germans and English and American terror fliers who had bailed out. It was personally signed by Himmler and here is the signature. It has been introduced in evidence, but I wanted to call the attention of the Court to it again.

May I next go to the subject, where the Gestapo and the SD took civilians of occupied countries to Germany for secret trial and punishment? That is the so-called “Night and Fog” decree, issued on 7 December 1941 by Hitler. That decree has not been introduced in evidence.

I now refer to Document L-90, in the first volume, Exhibit Number USA-503. That decree under which persons who committed offenses against the Reich or occupation forces in occupied territory, except where death sentence was certain, were to be taken secretly to Germany and surrendered to the Security Police and SD for trial or punishment in Germany itself. And this is the original from which we quote, beginning on the first page of the translation. It is on the stationery of the Reichsführer SS and Chief of German Police, Munich, 4 February 1942. Subject: “Prosecution of offenses against the Reich or the occupation forces.”

“I. The following regulations published by the Chief of the High Command of the Armed Forces, dated 12 December 1941, are being made known herewith:


“1). The Chief of the High Command of the Armed Forces. After lengthy consideration, it is the will of the Führer that the measures taken against those who are guilty of offenses against the Reich or against the occupation forces in occupied areas should be altered. The Führer is of the opinion that in such cases penal servitude or even a hard labor sentence for life will be regarded as a sign of weakness. An effective and lasting deterrent can be achieved only by the death penalty or by taking measures which will leave the family and the population uncertain as to the fate of the offender. The deportation to Germany serves this purpose.


“The attached directives for the prosecution of offenses correspond with the Führer’s conception. They have been examined and approved by him.”—signed—“Keitel.”

And then follow some of the directives and descriptions. This is a very long document, with enclosures, and we next turn to Page 4 of the English translation, near the bottom:

“Insofar as the SS and the Police courts are competent to deal with offenses committed under I, proceedings follow on the same lines.”

Next, in connection with the same document, on Page 20, Part 2 of the English translation, which is the secret letter addressed to the Abwehr, I quote from Page 2. It is the letter dated 2 February 1942—passing down to the words “Enclosed please find”:

“1. Decree of the Führer and Supreme Commander of the Armed Forces of 7 December 1941.


“2. Executive order of the same date.


“3. Communication of the Chief of the High Command of the Armed Forces of 12 December 1941.


“The decree introduces a fundamental innovation. The Führer and Supreme Commander of the Armed Forces orders that offenses committed by civilians in the occupied territories and of the kind mentioned above, are to be dealt with by the competent military courts in the occupied territories only if (a) the death penalty is pronounced and (b) sentence is pronounced within 8 days of the prisoner’s arrest.


“Unless both these conditions are fulfilled, the Führer and Supreme Commander does not anticipate that criminal proceedings within the occupied territories will have the necessary deterrent effect.


“In all other cases the prisoners are, in the future, to be transported to Germany secretly, and further dealings with the offenses will take place here; these measures will have a deterrent effect because (a) the prisoners will vanish without leaving a trace, (b) no information may be given as to their whereabouts or their fate.”

Now, skipping the next paragraph, to the second paragraph below:

“In case the competent military court and the military commander, respectively, are of the opinion that an immediate decision on the spot is impossible, and the prisoners are therefore to be transported to Germany, the counter-intelligence offices have to report this fact directly to the RSHA in Berlin (SW 11), Prinz-Albrecht-Strasse 7, in care of Dr. Fischer, Director of Criminal Police, stating the exact number of prisoners and of the groups which belong together as the case may be. Isolated cases, where the superior commander has an urgent interest in the case being dealt with by a military court, are to be reported to the RSHA. A copy of the entire report to the Reich Security Main Office is to be sent to Amt Ausland Abwehr, Section Abwehr III.


“The RSHA on the basis of available accommodation will determine which office of the state police has to accept the prisoners. The latter office will communicate with the competent Abwehr office and determine with it the particulars of the removal, particularly whether this will be carried out by the Secret Field Police, the Field Gendarmerie, or the Gestapo itself, as well as the place and manner of the handing over of the material.”

After the civilians arrived in Germany no word of the disposition of their cases was permitted to reach the country from which they came or their relatives.

I now offer Document 668-PS, Exhibit Number USA-504. This is a letter of the Chief of the Security Police and the SD, dated the 24th of June 1942; and I quote from the first page of the English translation:

“It is the intent of the directive of the Führer and Supreme Commander of the Wehrmacht concerning prosecution of criminal acts against the Reich or the occupation forces in Occupied Territories, dated 7 December 1941,”—that is the order that I first referred to—“to create, for deterrent purposes, through the transportation into Reich territory of persons arrested in occupied areas on account of activity inimical to Germany, uncertainty about the fate of prisoners among their relatives and acquaintances. This goal would be jeopardized if the relatives were to be notified in cases of death. Release of the body for burial at home is inadvisable for the same reason, and beyond that also because the place of burial could be misused for demonstrations.


“I therefore propose that the following rules be observed in the handling of cases of death:


“a. Notification of relatives is not to take place.


“b. The body will be buried at the place of decease in the Reich.


“c. The place of burial will, for the time being, not be made known.”

Now passing to the next activity of the SD and Gestapo, which was that they arrested, tried, and punished citizens of occupied countries under special criminal procedure and by summary methods. And I next offer in evidence Document 674-PS, Exhibit Number USA-505.

The Gestapo arrested, placed in protective custody, and executed civilians of occupied countries under certain circumstances. Even where there were courts capable of handling emergency cases the Gestapo conducted its own proceedings without regard to normal judicial processes.

This document, 674-PS, Exhibit Number USA-505, is a letter from the Chief Public Prosecutor at Katowice, dated the 3rd of December 1941; and it is addressed to the Reich Minister of Justice, attention Chief Councillor to the Government Stadermann or representative in office, Berlin. The subject is “Executions by the Police and Expediting of Penal Procedure; without order; enclosure: 1 copy of report.” I quote from the beginning:

“About 3 weeks ago, six ringleaders (some of them German) were hanged by the police in connection with the destruction of a treasonable organization of 350 members in Tarnowskie Góry without notification of the competent court. Such executions of criminals have previously taken place in the Bielsko district, too, without the Public Prosecutor having knowledge of them. On 2 December 1941 the head of the State Police at Katowice, Oberregierungsrat Mildner, reported orally to the undersigned that he had ordered, with authority from the Reichsführer of the SS as necessary immediate action, these executions by public hanging at the place of the crime and that deterrents would also have to be continued in the future until the criminal and actively anti-German elements in the Occupied Eastern Territories have been destroyed or until other immediate actions, perhaps by the courts, would guarantee equally deterrent effect. Accordingly, six leaders of another Polish organization guilty of high treason in the district in and around Sosnowiec were to be hanged publicly today as an example.


“About this procedure the undersigned expressed considerable scruples.


“Besides the fact that such measures have been withdrawn from the jurisdiction of the ordinary courts and are contradictory to laws still in force, a justified emergency for the exceptional proceedings by the police alone cannot, in our opinion, be lawfully recognized.


“The penal justice in our district within the limits of its competence is quite capable of fulfilling its duty of immediate penal retribution by means of a special form of special judicial activity (establishment of a so-called Rapid Special Court). Indictment and trial could be speeded up in such a way that between turning the case over to the public prosecutor and the execution no more than 3 days would elapse, if the practice of reprieve is simplified and if the decision, where necessary, can be obtained by telephone. This was expressed yesterday to the head of the State Police at Katowice by the undersigned.


“We cannot believe that execution by the police of criminals, especially German criminals, can be considered more effective in view of the shaken sense of justice of many Germans. In the long run they might, in spite of public deterrent, lead to even further brutality of minds, which is contrary to the intended purpose of pacifying. These deliberations, however, do not apply to future legal competence of a court-martial for Poles and Jews.”

I next refer to Document 654-PS, Exhibit Number USA-218, which has previously been introduced in evidence but bears on this subject; and I will simply summarize, in a word, what it provided.

It states that on the 18th of September 1942 Thierack, the Reich Minister of Justice, and Himmler came to an understanding by which antisocial elements were to be turned over to Himmler to be worked to death. That is in Document 654-PS, and a special criminal procedure was to be applied by the police to the Jews, Poles, Gypsies, Russians, and Ukrainians, who were not to be tried in ordinary criminal courts. I simply refer to that document as bearing on the same subject.

Another document, which I will not quote from but cite to Your Honors, is the order of November 5, 1942 issued by the RSHA; and that is Document L-316, Exhibit Number USA-346. I don’t think it is necessary to quote from that except to state that that letter provides that the administration—in fact, the last statement in it just before the signature provides:

“The administration of penal law for persons of alien race must be transferred from the hands of the administrators of justice into the hands of the police.”

That is the part that connects the police with it, and I will not quote from the document otherwise.

Now I next come to the subject where the Gestapo and the SD executed or confined persons in concentration camps for crimes allegedly committed by their relatives; and in that connection I offer Document L-37 in the first volume, Exhibit Number USA-506.

That is a letter dated the 19th of July 1944—I call Your Honor’s attention to the fact that it is dated in 1944—sent by the commander of the Sipo and SD for the district of Radom to the foreign service office in Tomaszow.

Parenthetically, that big Haftbuch that we introduced in evidence has a number of cases in connection with the district of Radom, and Your Honors will remember that it is a list of the people in the district of Tomaszow.

The subject of this letter is “Collective Responsibility of Members of Families of Assassins and Saboteurs.” I will read after the word “precedents”:

“The Higher SS and Police Leader East has issued on 28 June 1944 the following order:


“The security situation in the Government General has in the last 9 months grown worse to such an extent that from now on the most radical means and the harshest measures must be applied to the alien assassins and saboteurs. The Reichsführer SS, in agreement with the Governor General, has ordered that in all cases where assassinations of Germans, or such attempts, have occurred or where saboteurs have destroyed vital installations, not only the culprits be shot but that also all of the kinsmen are to be executed and their female relatives who are above 16 years old are to be put into concentration camps. It is strictly presupposed, of course, that if the culprit or culprits are not apprehended, their names and addresses be correctly ascertained. Male members of kin include, for example: the father, sons (insofar as they are above 16 years of age), brothers, brothers-in-law, cousins, and uncles of the culprit. The same ruling applies to the women. The aim of this procedure is to secure joint responsibility of all men and women of the kin of the culprit. It furthermore hits most severely the family circle of the political criminal. For example, this practice has already shown, at the end of 1939, the best results in the new Eastern territories, especially in the Warta district. Experience shows that as soon as this new method for combatting assassins and saboteurs becomes known to these foreign people—this may be achieved by oral propaganda—the female members of a kin to which members of the resistance movement or bands belong will exert a curbing influence.”

Now the SD and Gestapo also conducted third-degree interrogations of prisoners of war; and I refer to Document 1531-PS, Exhibit Number USA-248. This document contains an order of 12 June 1942, signed by Müller, which authorized the use of third-degree methods in interrogations where preliminary investigation indicated that the prisoners could give information on important facts such as subversive activities but not to extort confessions of prisoners’ own crimes.

Now I quote from Page 2 of the English translation, Paragraph 2:

“Third degree may, under this supposition, only be employed against Communists, Marxists, Jehovah’s Witnesses, saboteurs, terrorists, members of resistance movements, parachute agents, asocial elements, Polish or Soviet Russian loafers, or tramps. In all other cases, my permission must first be obtained.”

Then I pass to Paragraph 4 at the end:

“Third degree can, according to the circumstances, consist amongst other methods, of:


“Very simple diet (bread and water); hard bunk; dark cell; deprivation of sleep; exhaustive drilling; also in flogging (for more than 20 strokes a doctor must be consulted).”

On the 24th of February 1944 the commander of the Sipo and the SD for the district of Radom published an order issued by the Befehlshaber of the Sipo and the SD at Kraków, which is Document L-89, Exhibit Number USA-507, in the first volume. This followed closely the provisions of the previous decree that I have just quoted from; and I quote the first paragraph after the list of offices on the first page:

“In view of the variety of methods used to date in intensified interrogations and in order to avoid excesses, also to protect officials against eventual criminal proceedings, the Befehlshaber of the Security Police and of the SD in Kraków has issued the following order for the Security Police in the Government General, which is based on the regulations in force for the Reich.”

And then the regulations are quoted. The significance of this document is that it proves that as late as 1944 third-degree interrogations were still being conducted by the Gestapo.

I next pass to the activity of the Gestapo and the SD as being primary agencies for the persecution of the Jews; and I do not intend to go into any of the evidence previously introduced, except to refer to the participation of these organizations.

The responsibility of the Gestapo and SD for the mass extermination program carried out by the Einsatz groups of the Sipo and SD, in the annihilation camps to which Jews were sent by the Sipo and SD, has already been considered; and I simply cite to the Tribunal the Document 2615-PS, which has previously been introduced and in which the number of Jews executed was referred to by Eichmann. I simply call attention that Eichmann was head of Section B IV of the Gestapo. That section of the Gestapo dealt with Jewish affairs, including matters of evacuation, means of suppressing enemies of the people and the State, and the dispossession of rights of German citizenship. The Gestapo was also charged with the enforcement of discriminatory laws, which heretofore have been introduced.

I now invite Your Honors’ attention to Document 3058-PS, Exhibit Number USA-508. I would like to exhibit to Your Honors that it is a red-bordered document signed by Heydrich himself and addressed to the Defendant Göring. It is dated the 11th of November 1938. I pass this to the reporter—and before it is passed to the reporter—there is an appendix attached to it to the effect that the matter had been called to the attention of the Defendant Göring.

Now this concerns a report of activities of the Gestapo in connection with the anti-Jewish demonstrations, you will recall, in the fall of 1938. This is a report from Heydrich personally to the Defendant Göring. It is addressed to the Prime Minister, General Field Marshal Göring and is dated the 11th of November 1938. The previous documents showed that that activity occurred just before—and the order for it in connection with the Jewish uprooting or extermination:

“The extent of the destruction of Jewish shops and houses cannot yet be verified by figures. The figures given in the reports—815 shops destroyed, 29 department stores set on fire or destroyed, 171 dwelling houses set on fire or destroyed—indicate only a fraction of the actual damage caused, as far as arson is concerned. Due to the urgency of the reporting, the reports received to date are entirely limited to general statements such as ‘numerous’ or ‘most shops destroyed.’ Therefore the figures given will be considerably augmented.


“One hundred and ninety-one synagogues were set on fire and another 76 completely destroyed. In addition, 11 parish halls, cemetery chapels, and similar buildings were set on fire and three more completely destroyed.


“Twenty thousand Jews were arrested, also seven Aryans and three foreigners. The latter were arrested for their own safety.


“Thirty-six deaths were reported and those seriously injured were also numbered at 36. Those killed and injured are Jews. One Jew is still missing. The Jews killed include one Polish national, and those injured include two Poles.”

I want to call Your Honors’ special attention to the paper appended to that document:

“The General Field Marshal”—that is Göring—“has been informed. No steps are to be taken. By order.”

It is dated the 15th of November 1938 and signed. The signature is illegible.

Now in that same connection Heydrich was charged by the Defendant Göring with this entire program; and we next offer in evidence the original of that order, 710-PS, Exhibit Number USA-509. That is an order dated the 31st of July 1941. It is written on the stationery of the Reich Marshal of the Greater German Reich, Commissioner for the Four Year Plan, Chairman of the Ministerial Council for National Defense; and it is dated at Berlin, the 31st of July 1941, and directed to the Chief of the Security Police and the Security Service, SS Gruppenführer Heydrich:

“Complementing the task that was assigned to you on 24 January 1939, which dealt with arriving at—through furtherance of emigration and evacuation—a solution of the Jewish problem as favorable as possible, I hereby charge you with making all necessary preparations in regard to organizational and financial matters for bringing about a complete solution of the Jewish question in the German sphere of influence in Europe.


“Wherever other Government agencies are involved; these are to co-operate with you.


“I charge you furthermore, to send me before long an overall plan concerning the organizational, factual, and material measures necessary for the accomplishment of the desired final solution of the Jewish question.”—signed—“Göring.”

The Tribunal has already received the evidence as to what the final solution of the Jewish problem was as conceived by Heydrich and executed by the Security Police and SD under him and under the Defendant Kaltenbrunner, which was enslavement and mass murder.

Now, finally, in this presentation, the last activity of the Gestapo and SD to which I will refer is that these organizations were the primary agencies for the persecution of the churches. Already evidence has been received concerning the persecution of the churches. In this struggle the Gestapo and the SD played a secret but very highly significant part.

Section C2 of the SD dealt with education and religions life. Section B1 of the Gestapo dealt with political Catholicism, Section B2 with political Protestantism, and Section B3 with other churches and Freemasonry.

The Church was one of the enemies of the Nazi State, and it was a peculiar function of the Gestapo to combat it. It issued restrictions against church activities, dissolved church organizations, and placed clergymen in protective custody.

I now want to offer in evidence Document 1815-PS, Exhibit Number USA-510. This is a very large file—this original document—and I want to quote only portions of it. This was a file of the Gestapo regional office at Aachen. It discloses that the purpose of the Gestapo in combatting the churches was to destroy them, and I want to read the first page of the English translation from the beginning.

This is dated the “12th of May 1941, at Berlin, from the RSHA, Section IV B 1, to all Staatspolizeileitstellen. For information: The SD Leit-Abschnitte; the inspectors of the Sipo and SD.” I understand this word “Abschnitte” means sub-divisions. The subject is “Concerning the Study and Treatment of Political Churches”:

“The chief of the RSHA has ordered that the tasks assigned to the SD and Sipo regarding control of the political churches, which have hitherto been carried out jointly by the SD-Abschnitte and Stapostellen, shall now be solely performed by the Stapostellen”—which I understand means regional offices of the Gestapo.

Then it refers to the plan for the division of work issued by the RSHA on March 1, 1941:

“In addition to combatting opposition, the Stapostellen thus take over the entire Gegnernachrichtendienst”—I understand that word means counter-intelligence—“in this sphere.


“In order that the Stapostellen should be in a position to take over this work, the Chief of the Sipo and SD has ordered that the church specialists, hitherto employed in the SD-Abschnitten, shall be temporarily detailed in equal rank to the Stapo offices and operate the ‘Nachrichtendienstliche Arbeit’ ”—which means intelligence service in regard to the Church—“On the orders of the Chief of the RSHA and in agreement with the heads of Amt III, II, and I, those church specialists specified in the attached list . . .”

THE PRESIDENT: Is it necessary to give us the details of this?

COL. STOREY: No, Sir, I don’t think so. At any rate, if Your Honors please, we quote from it; and it is simply a direction as to how they will proceed.

Now then, later, on the 22d and 23rd of September 1941, they called a conference of these so-called church specialists attached to the Gestapo regional offices that I have mentioned. That was held in the lecture hall of the RSHA in Berlin. Notes were taken, and this same document contains notes of that conference. The program is shown; the plan is worked out in connection with the churches. I will just read the closing statement to these so-called church specialists; it is very short:

“Each one of you must go to work with your whole heart and a true fanaticism. Should a mistake or two be made in the execution of this work, this should in no way discourage you, since mistakes are made everywhere. The main thing is that the adversary”—meaning the church—“should be constantly opposed with determination, will, and effective initiative.”

And then, finally, the last thing I would like to refer to in this document is on the eighth page of the English translation, which sets out their immediate aim and their ultimate aim:

“The immediate aim: The Church must not regain 1 inch of the ground it has lost.


“The ultimate aim: Destruction of the confessional churches to be brought about by the collection of all material obtained through Nachrichtendienst activities, which will, at a given time, be produced as evidence against the church of its treasonable activities during the German fight for existence.”

I understand that long German word means intelligence activities.

Now, if Your Honors please, this concludes the factual, documentary presentation which I shall make in connection with the SD and Gestapo. Closely allied with it is the case against Kaltenbrunner, as the representative of these organizations, which will be presented immediately after lunch by Lieutenant Whitney Harris. Also, there will be one or two witnesses who will be introduced in connection with these organizations and in connection with Kaltenbrunner.

With that I should like to conclude, with just these remarks:

The evidence shows that the Gestapo was created by the Defendant Göring in Prussia in April 1933 for the specific purpose of serving as a police agency to strike down the actual and ideological enemies of the Nazi regime and that henceforward the Gestapo in Prussia and in the other states of the Reich carried out a program of terror against all who were thought to be dangerous to the domination of the conspirators over the people of Germany. Its methods were utterly ruthless. It operated outside the law and sent its victims to the concentration camps. The term “Gestapo” became the symbol of the Nazi regime of force and terror.

Behind the scenes operating secretly, the SD, through its vast network of informants, spied upon the German people in their daily lives, on the streets, in the shops, and even within the sanctity of the churches.

The most casual remark of the German citizen might bring him before the Gestapo where his fate and freedom were decided without recourse to law. In this government, in which the rule of law was replaced by a tyrannical rule of men, the Gestapo was the primary instrumentality of oppression.

The Gestapo and the SD played an important part in almost every criminal act of the conspiracy. The category of these crimes, apart from the thousands of specific instances of torture and cruelty in policing Germany for the benefit of the conspirators, reads like a page from the devil’s notebook:

They fabricated the border incidents which Hitler used as an excuse for attacking Poland.

They murdered hundreds of thousands of defenseless men, women, and children by the infamous Einsatz groups.

They removed Jews, political leaders, and scientists from prisoner-of-war camps and murdered them.

They took recaptured prisoners of war to concentration camps and murdered them.

They established and classified the concentration camps and sent thousands of people into them for extermination and slave labor.

They cleared Europe of the Jews and were responsible for sending hundreds of thousands to their deaths in annihilation camps.

They rounded up hundreds of thousands of citizens of occupied countries and shipped them to Germany for forced labor and sent slave laborers to labor reformatory camps.

They executed captured commandos and paratroopers and protected civilians who lynched allied fliers.

They took civilians of occupied countries to Germany for secret trial and punishment.

They arrested, tried, and punished citizens of occupied countries under special criminal procedures, which did not accord fair trials, and by summary methods.

They murdered or sent to concentration camps the relatives of persons who had allegedly committed crimes.

They ordered the murder of prisoners in Sipo and SD prisons to prevent their release by Allied armies.

They participated in the seizure and spoliation of public and private property.

They were primary agencies for the persecution of the Jews and churches.

In carrying out these crimes the Gestapo operated as an organization closely centralized and controlled from Berlin headquarters. Reports were submitted to Berlin and all important decisions emanated from Berlin. The regional offices had only limited power to commit persons to concentration camps. All cases, other than short of duration, had to be submitted to Berlin for approval.

The Gestapo was organized on a functional basis. Its principal divisions dealt with groups and institutions against which it committed the worst crimes—which I have enumerated.

Thus, in perpetrating these crimes, the Gestapo acted as an entity, each section performing its parts in the general criminal enterprises ordered by Berlin. The Secret State Police should be held responsible as an organization for the vast crimes in which it participated.

The SD was at all times a department of the SS. Its criminality directly concerns and contributes to the criminality of the SS.

And as to the Gestapo, it is submitted that it was an organization in the sense in which that term is used in Article 9 of the Charter, that the Defendants Göring and Kaltenbrunner committed the crimes defined in Article 6 of the Charter in their capacity as members and leaders of the Gestapo, and that the Gestapo, as an organization, participated in and aided the conspiracy which contemplated and involved the commission of the crimes defined in Article 6 of the Charter.

And finally, I have in my hand here a brochure published in honor of the famous Heydrich, the former Chief of the Security Police and SD; and I quote from a speech delivered by Heydrich on German Police Day, 1941, of which I ask the Tribunal to take judicial notice:

“Secret State Police, Criminal Police, and SD are still adorned with the furtive and whispered secrecy of a political detective story. In a mixture of fear and shuddering—and yet at home with a certain feeling of security because of their presence—brutality, inhumanity bordering on the sadistic, and ruthlessness are attributed abroad to the men of this profession.”

Those are the words of Heydrich, who was the former head of this organization.

Does Your Honor want to go ahead?

DR. KURT KAUFFMANN (Counsel for Defendant Kaltenbrunner): I have just heard that during the afternoon the evidence will concern the Defendant Kaltenbrunner. I therefore regard it as advisable to make a motion regarding Kaltenbrunner now, before the recess, and not in the afternoon.

My suggestion is the following:

I ask that the trial against Kaltenbrunner be postponed during his absence. Kaltenbrunner has only been able to be present at a few days of the proceedings so far. The reason for his absence is an illness which, in my opinion, is of a serious nature, for it is obvious that in so important a trial only a very serious illness can justify the absence of a defendant. I have no doctor’s report on his present condition. It appears to me dubious whether he will be capable of attending the hearing at all in the future. Be that as it may, my present suggestion that the trial of Kaltenbrunner be postponed is not in contradiction to Paragraph 12 of the Charter. If a defendant is alive and cannot be brought to trial in person, then the trial can proceed against him in his absence. This is particularly justified if the defendant is concealing himself and it is thus his own fault if he is tried in his absence.

But Kaltenbrunner is here in prison. He did not withdraw himself from the trial and he wishes nothing more than that he may be able to face the accusations. But if such a defendant is obliged to be absent through no fault of his own, then a trial that was nevertheless carried out would hardly be consistent with justice. Article 12 of the Charter mentions this point of justice specifically.

I should regret the procedure of the trial all the more since precisely now Kaltenbrunner must have an opportunity to give me information in my capacity as his Defense Counsel. The particular Indictment is not even known to him; it was only handed over just before the Christmas recess.

I do not need to emphasize how greatly the Defense’s task is made more difficult by a continuation of the trial—indeed it is made almost impossible.

THE PRESIDENT: The Tribunal will consider the application which has been made on behalf of counsel for the Defendant Kaltenbrunner and will give its decision shortly.

The Tribunal will now adjourn until 2 o’clock.

COL. STOREY: If I may make just one statement in connection with that, if Your Honor pleases.

THE PRESIDENT: Yes, certainly.

COL. STOREY: The evidence against Kaltenbrunner will be in connection with the part he played in these organizations; and we thought, in the interest of time, the individual case against Kaltenbrunner could be presented at the same time. Now, if it were not presented in this connection, it would be within a few days, early next week, in connection with the other individual defendants. Counsel mentions that he probably will not be able to be here for some time, and I thought I would make that statement.

THE PRESIDENT: Yes.

[A recess was taken until 1400 hours.]


Afternoon Session

THE PRESIDENT: The Tribunal has considered the motion made by counsel on behalf of Kaltenbrunner, and it considers that any evidence which you were intending to produce, which is directed against Kaltenbrunner individually and not against the organizations, ought to be postponed until the Prosecution come to deal, as the Tribunal understands you do propose to deal, with each defendant individually; and the Tribunal thinks that Kaltenbrunner’s case might properly be kept to the end of the individual defendants, and that the evidence which is especially brought against Kaltenbrunner might then be adduced. If Kaltenbrunner is then still unable to be in Court, that evidence will have to be given in his absence.

COL. STOREY: If Your Honor pleases, I don’t believe that the case, as we have it prepared now, can be separated as between the organizations and the individuals.

THE PRESIDENT: No, but if it bears against the organizations it can be adduced now.

COL. STOREY: I understood that, but if Your Honor pleases, I say that the preparation that we have made is in connection both with the organizations and the individuals. In other words, it is a joint presentation, therefore, under Your Honor’s ruling, as taken, it would have to go over until next week with the individual defendants’ cases, because we prepared it so that it will affect the organizations as well as the defendant individually, because his acts are in connection with what he has done with the organizations included; in other words, we don’t have it separated.

THE PRESIDENT: How will that affect you for this afternoon?

COL. STOREY: We can introduce a witness next; but if Your Honor pleases, with reference to the witness, the witness, of course, would affect the organizations, and incidentally would affect Kaltenbrunner, too. I do not see how you could separate that, except that for the witnesses this afternoon the questions could be confined to the organizations.

THE PRESIDENT: Now, of course, all the evidence which has been given up to date, much of it in Kaltenbrunner’s absence, has in one sense been against Kaltenbrunner in being evidence against the organization of which he was the head.

COL. STOREY: Colonel Amen was going to examine the witness orally, and it is primarily against the organizations; and incidentally it would affect Kaltenbrunner’s individual liability.

THE PRESIDENT: I think the Tribunal would like you to go on with the evidence.

COL. STOREY: Yes. It has been suggested, if Your Honor pleases, that we might have a few minutes to confer about the situation, about the witnesses.

THE PRESIDENT: You wish to adjourn for a few minutes?

COL. STOREY: Just a few minutes so that we can confer because it changes our order of proof.

THE PRESIDENT: Very well.

COL. STOREY: Just 10 minutes will be sufficient.

THE PRESIDENT: Yes; we will adjourn now.

[A recess was taken.]

THE PRESIDENT: The Tribunal will now hear the evidence which the Prosecution desires to call, and insofar as it consists of oral testimony, the Tribunal will afford counsel for Kaltenbrunner the opportunity of cross-examining the witnesses so called, at a later stage if he wishes to do so.

HERR LUDWIG BABEL (Counsel for SS and SD): I was at first appointed counsel for the members of the SS and the SD who had made an application to be heard in these proceedings. My duties were limited to presenting the incoming motions to the Court in a suitable form. Not until the Tribunal made its announcement of 17 December 1945, was I appointed as Defense Counsel for the organizations of the SS and the SD. As such I have no client or employer who could give me information or instruction for conducting the defense. In order to obtain the needed information I am, therefore, directed to communicate with members of the organizations I am representing, most of whom are in prisoner-of-war camps or are under arrest. So far, because of the shortness of time, I have not been able to get this information.

After 17 December 1945 thousands of motions were submitted to me through the Court, and in the short period of time since then I have not been able to follow the instructions they contained.

According to Article 16 of the Charter the defendant is to be shown a copy of the Indictment and of all pertaining documents, written in a language he understands, within a proper time prior to the beginning of the Trial. This provision should, according to the sense, be also applied to the indicted organizations. To serve the Indictment on the organizations is not provided for in the rules of procedure nor has the Tribunal so far ordered it.

In view of the very extensive work involved I personally was not in a position to have a sufficient number of copies prepared for distribution to the various camps in which the members of the organizations are and thereby enable them to express their views and to give me the needed information.

In view of these circumstances, for which I am not responsible nor are the organizations which I am representing, I am not in a position to cross-examine a witness who would be heard today, thereby making use of the right accorded to me as Defense Counsel. The hearing of a witness against the Defendant Kaltenbrunner likewise concerns the organizations which I represent, the SS and the SD. To hear such a witness at this point would mean limiting the Defense.

I therefore submit a motion to postpone the further discussion of the charges against the organizations of the SS and the SD. By visiting the camps, in which there are members of the organizations of the SS and SD, and after discussions with them, I shall be able to obtain the information needed for the defense. I should like to add that thereby no delay in the proceedings would be caused; and, I presume, this would in no way place a burden upon the Prosecution.

THE PRESIDENT: If you will allow me to interrupt you, I understand your application to be that you are not in a position to cross-examine these witnesses this afternoon and that you wish for an opportunity similar to that which I have already accorded to the counsel for Kaltenbrunner, to be accorded to you. You wish for an opportunity to cross-examine these witnesses at a later stage, is that right?

HERR BABEL: Yes. At the same time, however, I should like to point out at this moment that, through the peculiarity of the task that has been allotted to me, it is being made difficult to cover questions subsequently . . .

THE PRESIDENT: Let us not take up time by that. Was your application that you might have an opportunity of cross-examining these witnesses at a later date?

HERR BABEL: My motion had that meaning but was also for the purpose of making the defense itself possible as a whole, which at a time when I cannot make the necessary use of the privileges granted me by the Charter . . .

THE PRESIDENT: The Tribunal is ready to give you the opportunity of cross-examining these witnesses at a later date.

LIEUTENANT COMMANDER WHITNEY R. HARRIS (Assistant Trial Counsel for the United States): May it please the Tribunal, we submit Document Book BB as a separate document book, relating to the Defendant Kaltenbrunner. This book contains our documents, from which quotations will be made during this presentation. Reference will be made to three or four other documents contained in the document book on the Gestapo and the SD.

During the past 3 court days, the Tribunal has heard evidence of the criminality of the SS, the SD, and the Gestapo. The fusion of these organizations into the shock formations of the Hitler Police State has been explained from an organizational standpoint. There is before the Tribunal a defendant who represents these organizations through the official positions which he held in the SS and the German Police and whose career gives added significance to this unity of the SS and the Nazi Police. The name of this defendant is Ernst Kaltenbrunner.

I now offer Document 2938-PS as exhibit next in order, Exhibit Number USA-511. This is an article which appeared in Die Deutsche Polizei, the magazine of the Security Police and SD, on 15 May 1943, at Page 193, entitled, “Dr. Ernst Kaltenbrunner, the New Chief of the Security Police and SD;” and I quote the beginning of the article:

“SS Gruppenführer Dr. Ernst Kaltenbrunner was born the son of the lawyer Dr. Hugo Kaltenbrunner, on 4 October 1903, at Ried, in the Inn Kreis, near Braunau. He spent his youth in the native district of the Führer, with which his kinsfolk, originally a hereditary scythe-making clan, had been closely connected since olden times. Later he moved with his parents to the little market town of Raab, and then to Linz, on the Danube, where he attended the State Realgymnasium, and there he passed his final examination in 1921.”

The next paragraph describes Kaltenbrunner’s legal education, his nationalistic activities, and his opposition to Catholic-Christian Social student groups. It states that after 1928 Kaltenbrunner worked as a lawyer candidate in Linz. The article continues; and I quote, reading the third paragraph:

“As early as January 1934 Dr. Kaltenbrunner was jailed by the Dollfuss Government on account of his Nazi views and sent with other leading National Socialists into the concentration camp Kaisersteinbruch. He caused and led a hunger strike and forced the government to dismiss 490 National Socialist prisoners. In the following year he was jailed again, because of suspicion of high treason, and committed to the court martial of Wels (Upper Danube). After an investigation of many months, the accusation of high treason collapsed; but he was sentenced to 6 months’ imprisonment for subversive activities. After the spring of 1935, Dr. Kaltenbrunner was the leader of the Austrian SS, the right to practice his profession having been suspended because of his National Socialist views. It redounds to his credit that in this important position he succeeded through energetic leadership in maintaining the unity of the Austrian SS, which he had built up in spite of all persecution, and succeeded in committing it successfully at the right moment.


“After the Anschluss, in which the SS was a decisive factor, he was appointed State Secretary for Security Matters on 11 March 1938 in the new National Socialist Cabinet of Dr. Seyss-Inquart. A few hours later he was able to report to the Reichsführer SS Heinrich Himmler, who had landed at Aspern, the Vienna airport, on 12 March 1938, 3 a.m., as the first National Socialist leader, that the movement had achieved complete victory and that”—the article quotes Kaltenbrunner—“the SS is in formation awaiting further orders.


“The Führer promoted Dr. Kaltenbrunner on the day of the annexation to SS Brigadeführer and leader of the SS-Oberabschnitt Donau. On 11 September 1938 this was followed by his promotion to SS Gruppenführer.”

The Tribunal will recall evidence heretofore received; and I refer to Page 570 (Volume II, Page 417) of the English transcript of these proceedings, of the telephone conversation between Göring and Seyss-Inquart, in which Göring stated that Kaltenbrunner was to have the Department of Security. I continue quoting the last paragraph from this article:

“During the liquidation of the Austrian National Government and the reorganization of Austria into the Alps and Danube Districts, he was appointed Higher SS and Police Leader with the Reich Governors in Vienna, Lower Danube and Upper Danube in Corps Area 17, and in April 1941 he was promoted to Lieutenant General of Police.”

Kaltenbrunner thereby became the little Himmler of Austria.

According to Der Grossdeutsche Reichstag, fourth Wahlperiode, 1938, published by F. Kienast, at Page 261, our Document 2892-PS, Kaltenbrunner joined the Nazi Party and the SS in Austria in 1932. He was Party Member 300179 and SS Member 13039. Prior to 1933 he was the “Gauredner” and legal adviser to SS Division 8. After 1933 he was the leader of SS Regiment 37 and later the leader of SS Division 8. Kaltenbrunner was given the highest Nazi Party decorations, the Golden Insignia of Honor and the Blutorden. He was a member of the Reichstag after 1938.

I now offer Document 3427-PS as exhibit next in order, Exhibit Number USA-512. This is also an article which appeared in Die Deutsche Polizei, the magazine of the Security Police and SD, 12 February 1943, at Page 65; and I quote:

“SS Gruppenführer Kaltenbrunner Appointed Chief of the Security Police and of the SD.


“Berlin, 30 January 1943.


“Upon suggestion of the Reichsführer SS and Chief of German Police, the Führer has appointed SS Gruppenführer and Lieutenant General of Police Dr. Ernst Kaltenbrunner as Chief of the Security Police and of the SD, as successor of SS Obergruppenführer and Lieutenant General of Police Reinhard Heydrich, who passed away 4 June 1942.”

The Tribunal has heard frequent references made to the speech Himmler delivered on 4 October 1943 at Posen, Poland, to Gruppenführer of the SS, our Document 1919-PS, heretofore received as Exhibit Number USA-170, in which with unmatched frankness Himmler discussed the barbaric program and criminal activities of the SS and the Security Police. Near the beginning of the speech Himmler referred to—and I quote merely this one sentence: “Our comrade, SS Gruppenführer Ernst Kaltenbrunner, who has succeeded our fallen friend Heydrich.”

Kaltenbrunner carried out the responsibilities as Chief of the Security Police and SD to the satisfaction of Himmler and Hitler, for on 9 December 1944, according to the Befehlsblatt of the Security Police and SD . . .

DR. KAUFFMANN: May I interrupt just for a second? I understood the decision of the Tribunal to be that the proceedings against Kaltenbrunner were to be postponed until Kaltenbrunner is fit for trial, and now the case of Kaltenbrunner is being discussed.

THE PRESIDENT: No, the decision, which the Tribunal indicated before, was based upon the view that the evidence could be divided between evidence which bore directly against Kaltenbrunner and evidence which bore against the organization of the Gestapo; but when you attended before us in closed session, it was explained that it was impossible to do that and that the evidence was so inextricably mingled that it was impossible to direct the evidence solely to the organization and not to include that against Kaltenbrunner. Accordingly, the Tribunal decided that they would go on with the evidence which the Prosecution desired to present in its entirety but that they would give you the opportunity of cross-examining any witnesses which might be called, at a later date. Of course you will, in addition to that, have the fullest opportunity of dealing with any documentary evidence which bears against Kaltenbrunner when the time comes for you to present the defense on behalf of Kaltenbrunner.

Do you follow that?

DR. KAUFFMANN: Certainly.

THE PRESIDENT: You will have the opportunity of cross-examining any witness who is called this afternoon or tomorrow, at a later date—a date which will be convenient to yourself. And in addition, with reference to any or all evidence such as is now being presented by counsel for the United States, you will have full opportunity at a future date of dealing with that evidence in any way that it seems right to you to do.

DR. KAUFFMANN: Yes. May I just say one word more. The misunderstanding under which I am laboring is clearly due to the fact that I was of the opinion that witnesses were to be heard, whereas I now learn that evidence, a greater amount of it, is to be put forward. However, as I hear that the Tribunal is also admitting the evidence in its entirety I shall, of course, have to submit to this decision.

LT. COMDR. HARRIS: Kaltenbrunner carried out the responsibilities as Chief of the Security Police and SD to the satisfaction of Himmler and Hitler, for on 9 December 1944, according to the Befehlsblatt of the Security Police and SD, Number 51, Page 361, our Document 2770-PS, he received, as Chief of the Security Police and SD, the decoration known as the Knight’s Cross of the War Merit with Crossed Swords, one of the highest military decorations. By that time Kaltenbrunner had been promoted to the high rank of SS Obergruppenführer and General of the Police.

I invite the attention of the Tribunal to the organization chart entitled, “The Position of Kaltenbrunner and the Gestapo and SD in the German Police System,” Exhibit Number USA-493. As Chief of the Security Police and SD, Kaltenbrunner was the head of the Gestapo, the Kripo and the SD, and of the RSHA which was a department of the SS, and the Reich Ministry of the Interior. He was in charge of the regional offices of the Gestapo, the SD, and the Kripo within Germany, and of the Einsatz groups and Einsatzkommandos in the occupied territories.

Directly under Kaltenbrunner were the chiefs of the main offices of the RSHA including Amt III (the SD within Germany), Amt IV (the Gestapo), Amt V (the Kripo), and Amt VI (foreign intelligence).

I offer Document 2939-PS as exhibit next in order, Exhibit Number USA-513. This is the affidavit of Walter Schellenberg, who was chief of Amt VI of the RSHA from the autumn of 1941 to the end of the war. I am going to read a very small portion of this affidavit, beginning with the sixth sentence of the first paragraph:

“On or about 25 January 1943, I went together with Kaltenbrunner to Himmler’s headquarters at Lötzen in East Prussia. All of the Amt chiefs of the RSHA were present at this meeting, and Himmler informed us that Kaltenbrunner was to be appointed Chief of the Security Police and SD (RSHA) as successor to Heydrich. His appointment was effective 30 January 1943. I know of no limitation placed on Kaltenbrunner’s authority as Chief of the Security Police and SD (RSHA). He promptly entered upon the duties of the office and assumed direct charge of the office and control over the Amt. All important matters of all Ämter had to clear through Kaltenbrunner.”

During Kaltenbrunner’s term in office as Chief of the Security Police and SD, many crimes were committed by the Security Police and SD pursuant to policy established by the RSHA or upon orders issued out of the RSHA, for all of which Kaltenbrunner was responsible by virtue of his office. Each of these crimes has been discussed in detail in the case against the Gestapo and SD, and reference is here made to that presentation. Evidence how will be offered only to show that these crimes continued after Kaltenbrunner became Chief of the Security Police and SD on 30 January 1943.

The first crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD is the murder and mistreatment of civilians of occupied countries by the Einsatz groups. There were at least five Einsatz groups operating in the East during Kaltenbrunner’s term in office.

The Befehlsblatt of the Security Police and SD—and this is contained in our Document 2890-PS, of which I ask the Tribunal to take judicial notice—contains reference to Einsatz Groups A, B, D, G, and Croatia during the period of August 1943 to January 1945.

I shall not read from that document which contains those excerpts, but the Tribunal will note those references to the name “Einsatz groups,” indicating that they were operating during the time that Kaltenbrunner was Chief of the Security Police and SD. The Tribunal will recall Document 1104-PS, which has heretofore been received as Exhibit Number USA-483. I will only refer in passing to this document, which contained a lengthy and critical report on the conduct of the Security Police in exterminating the Jewish population of Sluzk, White Ruthenia. That report was submitted to Heydrich on 21 November 1941. Yet the same conditions of horror and cruelty continued to characterize the operations of Einsatzkommandos in the East while Kaltenbrunner was Chief of the Security Police and SD. I refer to Document R-135, which, has heretofore been received as Exhibit Number USA-289; and I will not read anything from that but simply refresh the recollection of the Tribunal to the report of Günther, the prison warden at Minsk, under date of 31 May 1943, to the General Commissioner for White Ruthenia, in which he pointed out that after 13 April 1943 the SD had pursued a policy of removing all gold teeth, bridgework, and fillings of Jews, an hour or two before they were murdered.

The Tribunal will also recall in this exhibit the report of 18 June 1943 to the Reich Minister for the Occupied Territories describing the practice of the police battalions of locking men, women, and children into barns which were then set on fire.

The second crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD, is the execution of racial and political undesirables.

THE PRESIDENT: Lieutenant Harris, I think you are going perhaps a little bit too fast, and it is difficult for us to follow you when you are referring so quickly to these documents.

LT. COMDR. HARRIS: Thank you, Sir.

The second crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD, is the execution of racial and political undesirables screened out of prisoner-of-war camps by the Gestapo. The Tribunal will recall Document Number 2542-PS, heretofore received as Exhibit Number USA-489. I believe you will find that document in the Gestapo document book. It was introduced this morning.

THE PRESIDENT: The Lindow affidavit?

LT. COMDR. HARRIS: Yes. That is the Lindow affidavit that indicates that the program of screening prisoner-of-war camps continued during 1943.

The third crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD was the taking of recaptured prisoners of war . . . .

THE PRESIDENT: Wait a minute. You have not yet drawn our attention to any specific paragraph which shows that it was in operation after 1943; you are passing on to something else whilst I am looking at the document to see what I have got.

LT. COMDR. HARRIS: Referring specifically to the third paragraph, if the Tribunal please, which has heretofore been read into evidence.

THE PRESIDENT: That only says until about the beginning of 1943.

LT. COMDR. HARRIS: It says early in 1943 the department was dissolved and absorbed into the departments in Subsection IV B. The work concerning Russian PW’s must then have been done by IV B 2a.

THE PRESIDENT: Yes. Well, that is all you want it for, is it not?

LT. COMDR. HARRIS: Yes.

The third crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD was the taking of recaptured prisoners of war to concentration camps where they were executed. I invite the attention of the Tribunal to Document 1650-PS which has heretofore been received as Exhibit Number USA-246. This is the secret Gestapo order, the Kugel Erlass, or Bullet Decree, under which escaped prisoners of war were sent to concentration camps by the Security Police and SD for execution.

This order, dated 4 March 1944, was signed—and I quote: “Chief of the Security Police and of the Security Service, for the Chief,”—signed—“Müller.”

I now offer Document L-158 as exhibit next in order. This is Exhibit Number USA-514. I am not going to read this document since it is similar to the previous document offered, but I do wish to refer to the marked passages. First: “On 2 March 1944 the Chief of the Security Police and SD, Berlin, forwarded the following OKW order.” Then follows the statement that upon recapture certain escaped prisoners of war should be turned over to the Chief of the Security Police and SD. The document goes on to say—and I quote, “In this connection the Chief of the Security Police and SD has issued the following instructions.” Detailed instructions follow concerning the turning over of such prisoners to the commandant of Mauthausen under the operation Bullet. Further, this order states, and I quote—this is at the very end of the order:

“The list of the recaptured officers and non-working non-commissioned officer prisoners of war will be kept here by IV A 1. To enable a report to be made punctually to the Chief of the Sipo and SD, Berlin, statements of the numbers involved must reach Radom by 20 June 1944.”

I recall the attention of the Tribunal to Document 2285-PS, which was received this morning as Exhibit Number USA-490.

THE PRESIDENT: Has that Document L-158 already been put in evidence?

LT. COMDR. HARRIS: No, Sir, I have just put in those portions. I have just put the document in evidence at this time, Sir. The document has not been read in its entirety for the reason that the contents, other than the quoted portions, are substantially the same as Document 1650-PS which has been read at length.

THE PRESIDENT: You say it is the same as Document 1650-PS?

LT. COMDR. HARRIS: It is, Sir, substantially the same. It relates to the same subject. It was, however, addressed to a different party, and I particularly wish to place before the Tribunal the last paragraph which has been quoted and read into evidence.

THE PRESIDENT: The last paragraph does not mean very much by itself, does it?

LT. COMDR. HARRIS: Very well, Sir. Then, if the Tribunal will permit it, I would like to read the document in its entirety.

THE PRESIDENT: Do you mean that document 1650-PS has got these Paragraphs 1, 2 and 3 in it?

LT. COMDR. HARRIS: Yes, Sir. That is exactly what I do mean, Sir.

I recall the attention of the Tribunal to Document 2285-PS, which was received in evidence this morning as Exhibit USA-490. That was the affidavit of Lieutenant Colonel Gast and Lieutenant Veith of the French Army who stated that during 1943 and 1944 prisoners of war were murdered at Mauthausen under the Bullet Decree. I am sure the Tribunal will recall that document.

The fourth crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD was the commitment of racial and political undesirables to concentration camps and annihilation camps for slave labor and mass murder. Before Kaltenbrunner became Chief of the Security Police and SD on 30 January 1943, he was fully cognizant of conditions in concentration camps and of the fact that concentration camps were used for slave labor and mass murder. The Tribunal will recall from previous evidence that Mauthausen Concentration Camp was established in Austria and that Kaltenbrunner was the Higher SS and Police Leader for Austria. This concentration camp, as shown by Document 1063(a)-PS, which was received this morning as Exhibit Number USA-492, was classified by Heydrich in January 1941 in Category III, a camp for the most heavily accused prisoners and for asocial prisoners who were considered incapable of being reformed. The Tribunal will recall that prisoners of war to be executed under the Bullet Decree were sent to Mauthausen. As will be shown hereafter, Kaltenbrunner was a frequent visitor to Mauthausen Concentration Camp. On one such visit in 1942 Kaltenbrunner personally observed the gas chamber in action. I now offer Document 2753-PS as exhibit next in order, Exhibit Number USA-515. This is the affidavit of Alois Höllriegl, former guard at Mauthausen concentration camp. The affidavit states, and I quote:

“I, Alois Höllriegl, being first duly sworn, declare:


“I was a member of the Totenkopf SS and stationed at the Mauthausen Concentration Camp from January 1940 until the end of the war. On one occasion, I believe it was in the fall of 1942, Ernst Kaltenbrunner visited Mauthausen. I was on guard duty at the time and saw him twice. He went down into the gas chamber with Ziereis, commandant of the camp, at a time when prisoners were being gassed. The sound accompanying the gassing operation was well known to me. I heard the gassing taking place while Kaltenbrunner was present.


“I saw Kaltenbrunner come up from the gas cellar after the gassing operation had been completed.”—signed—“Höllriegl.”

On one occasion Kaltenbrunner made an inspection of the camp grounds at Mauthausen with Himmler and had his photograph taken during the course of the inspection. I offer Document 2641-PS as exhibit next in order, Exhibit Number USA-516. This exhibit consists of two affidavits and a series of photographs. Here are the original photographs in my hand. The original photographs are the small ones, which have been enlarged, and those in the document book are not very good reproductions, but the Tribunal will see better reproductions which are being handed to it.

DR. KAUFFMANN: As the whole accusation against Kaltenbrunner personally has nevertheless been brought forward, I feel bound to make a motion on a matter of principle. I could have made this motion this morning just as well. It concerns the question of whether affidavits may be read or not. I know that this question has already been the subject of consultation by the Tribunal and that the Tribunal has come to a definite decision on this question. When I make this question again a matter for decision, it is for a special reason.

Every trial is somewhat dynamical. What was right at one time may be wrong later. The greatest and most important trial in history depends in many important points on the mere reading of affidavits which have been taken by the Prosecution exclusively, according to its own maxims.

The reading of affidavits is not satisfactory in the long run. It is becoming, from hour to hour, more necessary to see, to hear for once, a witness for the Prosecution and to test his credibility and the reliability of his memory. Many witnesses are standing, so to speak, at the door of this courtroom, and they need only to be called in. To hear the witness at a later stage is not sufficient; nor is it certain that the Tribunal will permit a hearing on the same evidential subject. I therefore oppose the further reading of the affidavits just announced. The spirit of Article 19 of the Charter should not be killed by the literal interpretation.

THE PRESIDENT: Is your application that you want to cross-examine the witness or is your application that the affidavit should not be read?

DR. KAUFFMANN: The latter.

THE PRESIDENT: That the affidavit should not be read?

DR. KAUFFMANN: Yes.

THE PRESIDENT: Are you referring to the affidavit of Höllriegl, Document 2753-PS?

DR. KAUFFMANN: Yes.

THE PRESIDENT: The Tribunal is of the opinion that the affidavit, which is upon a relevant point, upon a material point, is evidence which ought to be admitted under Article 19 of the Charter; but they will consider any motion which counsel for Kaltenbrunner may think fit to make for cross-examination of the witness who made the affidavit if he is available and could be called.

[To Lieutenant Commander Harris.] You were dealing with these photographs, were you not?

LT. COMDR. HARRIS: Yes, Sir. They have been offered in evidence as the exhibit next in order, and I wish to refer to the first affidavit accompanying them, which appears in the document book.

THE PRESIDENT: Yes.

LT. COMDR. HARRIS: It being the affidavit of Alois Höllriegl.

THE PRESIDENT: Yes. You had handed up the affidavit at the same time, had you not?

LT. COMDR. HARRIS: Yes, Sir, I did, Sir. That affidavit states, and I quote:

“I was a member of the Totenkopf SS and stationed in the Mauthausen Concentration Camp from January 1940 until the end of the war. I am thoroughly familiar with all of the buildings and grounds at Mauthausen Concentration Camp. I have been shown Document 2641-PS, which is a series of six photographs. I recognize all of these photographs as having been taken at Mauthausen Concentration Camp. With respect to the first photograph I positively identify Heinrich Himmler as the man on the left, Ziereis, the commandant of Mauthausen Concentration Camp in the center, and Ernst Kaltenbrunner as the man on the right.”

THE PRESIDENT: He does not say, does he, at what date the photographs were taken?

LT. COMDR HARRIS: No, Sir, I have no evidence as to what date the photographs were taken, Sir.

THE PRESIDENT: Just that Kaltenbrunner was there?

LT. COMDR. HARRIS: Just that Kaltenbrunner was there, at some time, in the company of Ziereis and Himmler.

THE PRESIDENT: Yes.

LT. COMDR. HARRIS: With full knowledge of conditions in, and the purpose of, concentration camps, Kaltenbrunner ordered or permitted to be ordered in his name the commitment of persons to concentration camps.

I offer Document L-38 as exhibit next in order, Exhibit Number USA-517. This is an affidavit of Hermann Pister, the former commandant of Buchenwald concentration camp, which was taken on 1 August 1945 at Freising, Germany, in the course of an official military investigation by the United States Army, and I quote from it as follows, beginning with the second paragraph:

“With exception of the mass delivery of prisoners from the concentration camps of the occupied territory, all prisoners were sent to the Concentration Camp Buchenwald by order of the Reichssicherheitshauptamt”—Reich Security Main Office—“Berlin. These orders for protective custody (red forms) were in most cases signed with the name ‘Kaltenbrunner.’ The few remaining protective custody orders were signed by ‘Förster.’ ”

I now offer Document 2477-PS as exhibit next in order, Exhibit Number USA-518. This is the affidavit of Willy Litzenberg, former Chief of Department IVA1b in the RSHA. This document reads in part as follows, and I quote, beginning with the second paragraph:

“The right of taking into summary protective custody belongs to the directors of the State Police Directorates or State Police Offices; previously for a period of 21 days; later, I think, for a period of 56 days. Custody exceeding this time had to be sanctioned by the competent Office for Protective Custody in the RSHA. The regulations for protective custody or the signing of the protective custody order could only be issued through the Director of the RSHA as Chief of the Sipo and SD. All regulations and protective custody orders that I have seen bore a facsimile stamp of Heydrich or Kaltenbrunner. As far as I can remember, I have never seen a document of this kind with another name as signature. How far and to whom the Chief of the Sipo and SD possibly gave authority for the use of his facsimile stamp, I do not know. Perhaps the Chief of Amt IV possessed a similar authority. The greater part of the Protective Custody Office was transferred to Prague. Only one staff remained in Berlin.”

I now offer Document 2745-PS as exhibit next in order, Exhibit Number USA-519. This is an order, under date of 7 July 1943, which was found at the former office of the section of the Gestapo which handled protective custody matters in Prague. It was an order to the Prague office to send a teletype message to the Gestapo office in Köslin ordering protective custody of one Ratzke, and her commitment to the concentration camp at Ravensbrück for refusing to work. The order carried the facsimile signature of Kaltenbrunner and I invite the attention of the Tribunal to the original which has that facsimile for the arrest. Orders of this type were the basis for the orders actually sent out to the Prague office, which carried the teletype signature of Kaltenbrunner. At the bottom of the page the Tribunal will note the facsimile stamp of Kaltenbrunner.

I next refer to Document L-215, which has heretofore been received as Exhibit Number USA-243. I believe the Tribunal will recall this document, which has heretofore been received in evidence, and which contains 25 orders for arrest issued out of the Prague office of the RSHA to the Einsatzkommando of Luxembourg, all of which carry the typed signature of Kaltenbrunner. And the Court will remember—and I am holding up the original document—that these arrest orders were the red forms which the commandant of Buchenwald referred to in his affidavit as being the forms which he saw coming from RSHA committing persons to Buchenwald.

The concentration camps to which persons were committed, according to Document L-215, by Kaltenbrunner, included Dachau, Natzweiler, Sachsenhausen, and Buchenwald.

THE PRESIDENT: What was the date of it?

LT. COMDR. HARRIS: The most of these, Sir, were in 1944. I believe they are all in 1944.

THE PRESIDENT: It does not appear on the document does it?

LT. COMDR. HARRIS: It does appear, Sir, on the original document, yes. The first page of this translation is a summary of all of these. There is only one of the dossiers which has been translated in full, and the date on that one is 15. 2. 1944.

THE PRESIDENT: Yes; I see.

LT. COMDR. HARRIS: Among the grounds specified on these orders carrying the typed signature of Kaltenbrunner were, quoting:

“Strongly suspected of working to the detriment of the Reich; spiteful statements inimical to Germany, as well as aspersions and threats against persons active in the National Socialist movement; strongly suspected of aiding deserters.”

I now offer Document 2239-PS as exhibit next in order, Exhibit Number USA-520. This is a file of 42 telegrams sent by the Prague office of the RSHA to the Gestapo office at Darmstadt, and they all carry the teletype signature of Kaltenbrunner. These commitment orders were issued during the period from 20 September 1944 to 2 February 1945. The concentration camps to which Kaltenbrunner sent these people included Sachsenhausen, Ravensbrück, Buchenwald, Bergen-Belsen, Flossenbürg, and Theresienstadt. Nationalities included Czech, German, French, Dutch, Italian, Corsican, Lithuanian, Greek, and Jews. Grounds included refusal to work, religious propaganda, sex relations with PW’s, communist statements, loafing on the job, working against the Reich, spreading of rumors detrimental to morale, “action Gitter,” breach of work contracts, statements against Germany, assault of foremen, defeatist statements, and theft and escape from jail.

Not only did Kaltenbrunner commit persons to concentration camps, but he authorized executions in concentration camps. I now offer Document L-51 as exhibit next in order, Exhibit USA-521. This is the affidavit of Adolf Zutter, the former adjutant of Mauthausen Concentration Camp, taken in the course of an official military investigation of the United States Army, on 2 August 1945, at Linz, Austria. This affidavit states, and I am quoting from Paragraph 3:

“Standartenführer Ziereis, the commander of Camp Mauthausen, gave me a large number of execution orders after opening the secret mail, because I was the adjutant and I had to deliver these to Obersturmführer Schulz. These orders of execution were written approximately in the following form. . . .”

There follows in the affidavit a description of the order for execution issued by the RSHA to the commander of the Concentration Camp Mauthausen. I omit quoting that description and continue at the next paragraph:

“Orders for execution also came without the name of the court of justice. Until the assassination of Heydrich, these orders were signed by him or by his competent deputy. Later on the orders were signed by Kaltenbrunner, but mostly they were signed by his deputy, Gruppenführer Müller.


“Dr. Kaltenbrunner, who signed the above-mentioned orders, had the rank of SS general—Obergruppenführer—and was the Chief of the Reich Security Main Office.


“Dr. Kaltenbrunner is about 40 years old, height about 1.76 to 1.80 meters, and has deep fencing scars on his face.


“When Dr. Kaltenbrunner was only a Higher SS and Police Leader in Vienna, he visited the camp several times; later on as the Chief of Reich Security Main Office (RSHA) he visited the camp, too, though this occurred much less frequently. During these visits, the commander usually received him outside the building of the camp headquarters and reported. Concerning the American military mission, which landed behind the German front in the Slovakian or Hungarian area in January 1945, I remember when these persons were brought to Camp Mauthausen. I suppose the number of the arrivals was about 12 to 15 men. They wore a uniform, which was American or Canadian, brown-green color shirt and tunic and cloth cap. Eight or 10 days after their arrival the execution order came in by telegraph or teletype. Standartenführer Ziereis came to me into my office and told me, ‘Now Kaltenbrunner has given the permission for the execution.’ This letter was secret and had the signature ‘signed, Kaltenbrunner.’ Then these people were shot according to martial law and their belongings were given to me by Oberscharführer Niedermeyer.”

The fifth crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD was the deportation of citizens of occupied territories for forced labor and the disciplining of forced labor.

I am sure the Tribunal will recall, without referring to it, Document 3012-PS, which has heretofore been received as Exhibit Number USA-190. That was the letter from the head of the Sonderkommando of the Sipo and SD, which stated that the Ukraine would have to provide a million workers for the armament industry and that force should be used where necessary. That letter was dated 19 March 1943.

Kaltenbrunner’s responsibility for the disciplining of foreign labor is shown by Document 1063-PS, which has heretofore been received as Exhibit Number USA-492. No part of this letter has been read into the record. This letter dated 26 July 1943 was addressed to Higher SS and Police Leaders, commanders and inspectors of the Sipo and SD, and to the chiefs of Einsatz Groups B and D.

The Tribunal will recall that Einsatz Groups A, B, C, and D, operating in the East, carried out the extermination of Jews and Communist leaders. This document proves Kaltenbrunner’s control over Einsatz Groups B and D. This document is signed “Kaltenbrunner.” The first paragraph provides as follows:

“The Reichsführer SS has given his consent that besides concentration camps, which come under the jurisdiction of the SS Economic and Administration Main Office, further labor reformatory camps may be created for which the Security Police alone is competent. These labor reformatory camps are dependent on the authorization of the Reich Security Main Office, which can only be granted in case of urgent need (great number of foreign workers, and so forth).”

I now offer Document D-473 as exhibit next in order, Exhibit Number USA-522. It should be right at the beginning of the document book. This letter signed “Kaltenbrunner” was sent by him under date of 4 December 1944 to regional offices of the Criminal Police.

The Tribunal will recall that Kaltenbrunner’s responsibility covered the Criminal Police as well as the Gestapo. It provides in part, and I quote, reading at the beginning of the letter:

“According to the decree of 30 June 1943, crimes committed by Polish and Soviet-Russian civilian laborers are being prosecuted by the Directorates of the State Police and even in those cases where for the time being the Criminal Police had, within the sphere of its competence, carried on the inquiries. For the purpose of speeding up the process and in order to save manpower, the decree of 30 June 1943 is altered, and the Directorates of the Criminal Police are authorized as from now on to prosecute, themselves, the crimes they are inquiring into, within the sphere of their competence, insofar as they are cases of minor or medium crimes.”

I begin with the second paragraph:

“The following are available to the Criminal Police as a means of prosecution:


“Police imprisonment . . . Admission into a concentration camp for preventive custody as being antisocial or dangerous to the community.”

And next to the last paragraph:

“Their stay in the concentration camp is normally to be for the duration of the war. Besides this, the Directorates of the Criminal Police are authorized to hand over Polish and Soviet-Russian civilian laborers in suitable cases and with the agreement of the competent Directorates of the State Police to the Gestapo’s penal camps for the ‘education for labor.’ Where the possibilities of prosecuting an individual case are insufficient because of the peculiarity of the case, the case is to be handed over to the competent Directorate of the State Police. Signed: Dr. Kaltenbrunner.”

In addition to sending foreign workers to Gestapo labor camps, Kaltenbrunner punished foreign workers by committing them to concentration camps. I offer Document 2582-PS as exhibit next in order, Exhibit Number USA-523.

This is a series of four teletype orders committing individuals to concentration camps. I invite the attention of the Tribunal to the second order dated 18 June 1943 under which the Gestapo at Saarbrücken was ordered to deliver a Pole to the Concentration Camp Natzweiler as a skilled workman and to the third teletype dated 12 December 1944 in which the Gestapo at Darmstadt was ordered to commit a Greek to the Concentration Camp Buchenwald because he was drifting around without occupation and to the fourth teletype dated 9 February 1945 in which the Gestapo at Darmstadt in Bensheim was ordered to commit a French citizen to Buchenwald for shirking work and insubordination. All of those orders are signed Kaltenbrunner.

I offer Document 2580-PS as exhibit next in order, Exhibit Number USA-524. This document contains three more of these red form orders for protective custody, all signed Kaltenbrunner. The first one shows that a citizen of the Netherlands was taken into protective custody for work sabotage, and the second one shows that a French citizen was taken into protective custody for work sabotage and insubordination, both under date of 2 December 1944.

The sixth crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD is the executing of captured commandos and paratroopers and the protecting of civilians who lynched Allied fliers.

The Tribunal will recall, I am sure, without referring to it, the Hitler order of 18 October 1942 which was introduced this morning, Document 498-PS, Exhibit Number USA-501, to the effect that commandos, even in uniform, were to be exterminated to the last man and that individual members captured by the police in occupied territory were to be handed over to the SD.

I now offer Document 1276-PS as exhibit next in order, Exhibit Number USA-525. This is an express top-secret letter from the Chief of the Security Police and SD signed “Müller,” by order, to the Supreme Command of the Armed Forces, in which the Chief of the Security Police and SD states—and I quote from the third paragraph of the second page of the English translation:

“I have instructed the Befehlshaber of the Security Police and the SD in Paris to treat such parachutists in English uniform as members of the commando operations in accordance with the Führer’s order of 18 October 1942 and to inform the military authorities in France that there must be corresponding treatment at the hands of the Armed Forces.”

This letter was dated 17 June 1944. That executions were carried out by the SD pursuant to the said Hitler order of 18 October 1942 while Kaltenbrunner was Chief of the Security Police and SD, is indicated by Document 526-PS heretofore received as Exhibit Number USA-502. That was the order introduced this morning; I am sure the Tribunal recalls it.

The policy of the police to protect civilians who lynched Allied fliers was effective during the period that Kaltenbrunner served as Chief of the Security Police and SD. I now offer Document 2990-PS as exhibit next in order, Exhibit Number USA-526. This is an affidavit of Walter Schellenberg, the former Chief of Amt VI of the RSHA, and provides in Paragraph 7—this is all I’m going to read from the affidavit:

“In 1944, on another occasion but also in the course of an Amts-chef conference, I heard fragments of a conversation between Kaltenbrunner and Müller. I remember distinctly the following remarks of Kaltenbrunner:


“ ‘All offices of the SD and the Security Police are to be informed that pogroms of the populace against English and American terror fliers are not to be interfered with. On the contrary, this hostile mood is to be fostered.’ ”

The seventh crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD is the taking of civilians of occupied countries to Germany for secret trial and punishment, and the punishment of civilians of occupied territories by summary methods. The fact that this crime continued after 30 January 1943 is shown by Document 835-PS, which is offered as exhibit next in order, Exhibit Number USA-527. This is a letter from the High Command of the Armed Forces to the German Armistice Commission under date 2 September 1944. The document begins, and I quote:

“Conforming to the decrees referred to, all non-German civilians in occupied territories who have endangered the security and readiness for action of the occupying power by acts of terror and sabotage or in other ways are to be surrendered to the Security Police and SD. Only those prisoners are excepted who were legally sentenced to death or were serving a sentence of confinement prior to the announcement of these decrees. Included in the punishable acts which endanger the security or readiness of action of the garrison power are those also of a political nature.”

The eighth crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD is the crime of executing and confining persons in concentration camps for crimes allegedly committed by their relatives. That this crime continued after 30 January 1943 is indicated by Document L-37, heretofore received in evidence as Exhibit Number USA-506. That was received this morning. It is the letter of the Commander of Sipo and SD at Radom, dated 19 July 1944, in which it was stated that the male relatives of assassins and saboteurs should be shot and the female relatives over 16 years of age sent to concentration camps. I refer again to Document L-215, which has heretofore been received in evidence as Exhibit Number USA-243, and specifically to the case of Junker, who was ordered by Kaltenbrunner to be committed to Sachsenhausen Concentration Camp by the Gestapo “because as a relative of a deserter, he is expected to endanger the interest of the German Reich if allowed to go free.”

The ninth crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD is the clearance of Sipo and SD prisons and concentration camps. I refer the Tribunal to Document L-53, which was received in evidence as Exhibit Number USA-291. This was the letter from the Commander of the Sipo and SD, Radom, dated 21 July 1944, in which it is stated that the Commander of the Sipo and SD of the General Government had ordered all Sipo and SD prisons to be cleared and, if necessary, the inmates to be liquidated. I now offer Document 3462-PS as exhibit next in order, Exhibit Number USA-528. This is the sworn interrogation of Bertus Gerdes, the former Gaustabsamtsleiter under the Gauleiter of Munich. This interrogation was taken in the course of an official military investigation of the U.S. Army. In this interrogation Gerdes was ordered to state all he knew about Kaltenbrunner. I am only going to read a very small portion of his reply, beginning on the third paragraph of Page 2:

“Giesler told me that Kaltenbrunner was in constant touch with him because he was greatly worried about the attitude of the foreign workers and especially inmates of Concentration Camps Dachau, Mühldorf, and Landsberg, which were in the path of the approaching Allied armies. On a Tuesday in the middle of April 1945 I received a telephone call from Gauleiter Giesler asking me to be available for a conversation that night. In the course of our personal conversation that night, I was told by Giesler that he had received a directive from Obergruppenführer Kaltenbrunner, by order of the Führer, to work out a plan without delay for the liquidation of the concentration camp at Dachau and the two Jewish labor camps in Landsberg and Mühldorf. The directive proposed to liquidate the two Jewish labor camps at Landsberg and Mühldorf by use of the German Luftwaffe, since the construction area of these camps had previously been the targets of repeated enemy air attacks. This action received the code name of ‘Wolke A-1.’ ”

I now pass to the second paragraph on Page 3, continuing to quote from this interrogation:

“I was certain that I would never let this directive be carried out. As the action Wolke A-1 should have become operational already for some time, I was literally swamped by couriers from Kaltenbrunner and moreover I was supposed to have discussed the details of the Mühldorf and Landsberg actions in detail with the two Kreisleiter concerned. The couriers, who were in most cases SS officers, usually SS Untersturmführer, gave me terse and strict orders to read and initial. The orders threatened me with the most terrible punishment, including execution, if I did not comply with them. However, I could always excuse my failure to execute the plan because of bad flying weather and lack of gasoline and bombs. Therefore, Kaltenbrunner ordered that the Jews in Landsberg be marched to Dachau in order to include them in the Dachau extermination operations, and that the Mühldorf action was to be carried out by the Gestapo.


“Kaltenbrunner also ordered an operation ‘Wolkenbrand’ for the Concentration Camp Dachau, which provided that the inmates of the concentration camp at Dachau were to be liquidated by poison with the exception of Aryan nationals of the Western Powers.


“Gauleiter Giesler received this order direct from Kaltenbrunner and discussed in my presence the procurement of the required amounts of poison with Dr. Harrfeld, the Gau health chief. Dr. Harrfeld promised to procure these quantities when ordered and was advised to await my further directions. As I was determined to prevent the execution of this plan in any event, I gave no further instructions to Dr. Harrfeld.


“The inmates of Landsberg had hardly been delivered at Dachau when Kaltenbrunner sent a courier declaring the Action Wolkenbrand was operational.


“I prevented the execution of the ‘Wolke A-1’ and ‘Wolkenbrand’ by giving Giesler the reason that the front was too close and asked him to transmit this on to Kaltenbrunner.


“Kaltenbrunner therefore issued directives in writing to Dachau to transport all Western European prisoners by truck to Switzerland and to march the remaining inmates into Tyrol, where the final liquidation of these prisoners was to take place without fail.”

THE PRESIDENT: The Court will adjourn now.

[The Tribunal adjourned until 3 January 1946 at 1000 hours.]


TWENTY-SIXTH DAY
Thursday, 3 January 1946

Morning Session

LT. COMDR. HARRIS: If the Tribunal will recall, at the end of the last session we had finished reading a portion of the sworn interrogation of the Gaustabsamtsleiter under the Gauleiter of Munich and had touched on the point where he said that Kaltenbrunner issued directives to Dachau to transport Western European prisoners by truck to Switzerland and to march the remaining inmates into Tyrol.

I now offer, as exhibit next in order, the first five pages of the interrogation report of Gottlob Berger, Chief of the head office of the SS, made under oath on 20 September 1945, in the course of these proceedings. You will find these pages at the end of the document book and this is offered as Exhibit Number USA-529. These pages have been translated into German and made available to the defendants.

THE PRESIDENT: Does it have a number?

LT. COMDR. HARRIS: It has no PS number, Sir. It is at the very end of the document book. I wish to read only one question and answer from these pages; and I refer to Page 3 of the exhibit, the last question and answer on that page:

“Q: Assuming, only for the purposes of this discussion, that these atrocities that we hear about are true, who do you think is primarily responsible?


“A: The first one, the commandant; the second one, Glücks; because he was practically responsible for all the interior direction of the camps. If one wants to be exact, one would have to find out how the information service between the camp commandant and Glücks actually operated. I want to give you the following example:


“During the night of the 22d and 23rd of April, I was sent to Munich by plane. As I entered the city, I met a group of perhaps 120 men dressed in the suits of the concentration camps. These people made a very miserable impression on me. I asked the guard who was with them, ‘What about these men?’ He told me that these men were marching by foot to the Alps. Firstly, I sent him back to Dachau. Then I wrote a letter to the commandant to send no more people by foot to any place but, whenever the Allies advanced any further, to give over the camp completely. I did that on my own responsibility and I told him that I came straight from Berlin and that I can be found in my service post in Munich. The commandant or his deputy telephoned at about 12 o’clock and told me that he had received this order from Kaltenbrunner after he had been asked by the Gauleiter of Munich, the Reichskommissar . . .” (Document Number USA-529)

The tenth crime for which Kaltenbrunner is responsible as Chief of the Security Police and SD is the persecution of the Jews. This crime, of course, continued after 30 January 1943; and evidence has heretofore been received that the persecutions continued until, and were accelerated toward, the end of the war. Kaltenbrunner took a personal interest in such matters, as is indicated by Document 2519-PS, which is offered as exhibit next in order, Exhibit Number USA-530. This exhibit consists of a memorandum and an affidavit; and I invite the attention of the Tribunal to the affidavit. Quoting from the affidavit:

“I, Henri Monneray, being first duly sworn, depose and say that since 12 September 1945 I have been and I am the member of the French staff for the prosecution of Axis criminality and have been pursuing my official duties in this connection in Nuremberg, Germany, since 12 October 1945.


“In the course of my official duties, at the instruction of the French Chief Prosecutor, I examined the personal documents of the defendants . . .”

THE PRESIDENT: Is it necessary to read all of this? What is the object of this affidavit?

LT. COMDR. HARRIS: To show that this document was derived from the personal effects of the Defendant Kaltenbrunner.

THE PRESIDENT: From the personal possession?

LT. COMDR. HARRIS: From the personal possession.

THE PRESIDENT: Yes, well, you can leave out the immaterial parts.

LT. COMDR. HARRIS: Very good, Sir. Passing to the last sentence of the affidavit:

“Said Document 2519-PS is the document which I found in the envelope containing Kaltenbrunner’s personal papers.”

I now read the memorandum, quoting:

“Radio message to Gruppenführer SS Major General Vegelein, Headquarters of the Führer, through Sturmbannführer SS Major Sansoni, Berlin.


“Please inform the Reichsführer SS and report to the Führer that all arrangements against Jews, political, and concentration camp internees in the Protectorate have been taken care of by me personally today. The situation there is one of calmness, fear of Soviet successes, and hope of an occupation by the Western enemies. Kaltenbrunner.”

THE TRIBUNAL (Mr. Biddle): That is not dated?

LT. COMDR. HARRIS: This is not dated.

The eleventh crime for which Kaltenbrunner is responsible is the persecution of the churches. It is unnecessary to present specific evidence that this crime continued after 30 January 1943, since this was one of the fundamental purposes of the Security Police and SD, as has already been shown.

These are the crimes for which the Defendant Kaltenbrunner must answer. As to his intent, there is no need to go outside the record before this Tribunal. On December 1, 1945, in these proceedings the Witness Lahousen was asked on cross-examination, “Do you know Mr. Kaltenbrunner?”

After describing his meeting with Kaltenbrunner on a day in Munich when a university student and his sister were arrested and executed for distributing leaflets from the auditorium, Lahousen said—and I wish to refer only to two sentences on Page 724 of the transcript (Volume III, Page 29)—quoting:

“I can easily reconstruct that day. It was the first and last time that I saw Kaltenbrunner, with whose name I was familiar. Of course Kaltenbrunner mentioned this subject to Canaris, who was completely shattered because of what happened that day and was still under the painful impression—and thank God there are still witnesses available who can testify to this. When discussing the matter Kaltenbrunner was very much to the point, but at the same time he was quite cynical about it. That is the only thing I can tell you about this matter.”

Kaltenbrunner was a life-long fanatical Nazi. He was the leader of the SS in Austria prior to the Anschluss and played a principal role in the betrayal of his native country to the Nazi conspirators. As higher SS and Police Leader in Austria after the Anschluss, he supervised and had knowledge of the activities of the Gestapo and the SD in Austria. The Mauthausen Concentration Camp was established in his jurisdiction and he visited it several times. On at least one occasion he observed the gas chamber in action. With this knowledge and background he accepted, in January 1943, appointment as Chief of the Security Police and SD, the very agencies which sent such victims to their deaths. He held that office to the end, rising to great prominence in the SS and the German Police and receiving high honors from Hitler. Like other leading Nazis, Kaltenbrunner sought power; to gain it, he made his covenant with crime.

COL. STOREY: If the Tribunal please, next will be some witnesses, and Colonel Amen will handle the interrogation. Colonel Amen.

COLONEL JOHN HARLAN AMEN (Associate Trial Counsel for the United States): May it please the Tribunal, I wish to call as a witness for the Prosecution, Mr. Otto Ohlendorf.

THE PRESIDENT: Will you spell it, please?

COL. AMEN: O-h-l-e-n-d-o-r-f, the first name being Otto. Your Lordship will note that his name appears under Amt III on the chart on the wall.

THE PRESIDENT: What did you say appeared?

COL. AMEN: The name of this witness appears under Amt III of the chart, RSHA, the large square, the third section down.

THE PRESIDENT: Amt III. Oh, yes; I see it.

[Witness Ohlendorf took the stand.]

THE PRESIDENT: Otto Ohlendorf, will you repeat this oath after me: “I swear by God—the Almighty and Omniscient—that I will speak the pure truth—and will withhold and add nothing.”

[The witness repeated the oath.]

COL. Amen: Will you try to speak slowly and pause between each question and answer.

OTTO OHLENDORF (Witness): Yes.

COL. AMEN: Where were you born?

OHLENDORF: In Hohen-Egelsen.

COL. AMEN: How old are you?

OHLENDORF: Thirty-eight years old.

COL. AMEN: When, if ever, did you become a member of the National Socialist Party?

OHLENDORF: 1925.

COL. AMEN: When, if ever, did you become a member of the SA?

OHLENDORF: For the first time in 1926.

COL. AMEN: When, if ever, did you become a member of the SS?

OHLENDORF: I must correct my answer to the previous question; I thought you were asking about my membership in the SS.

COL. AMEN: When did you become a member of the SA?

OHLENDORF: In the year 1925.

COL. AMEN: When, if ever, did you join the SD?

OHLENDORF: In 1936.

COL. AMEN: What was your last position in the SD?

OHLENDORF: Chief of Amt III in the RSHA.

COL. AMEN: Turning to the chart on the wall behind you, will you tell the Tribunal whether you can identify that chart in any way.

OHLENDORF: I have already seen this chart. I worked on it, and I can identify it as accurate.

COL. AMEN: What, if anything, did you have to do with making up that chart?

OHLENDORF: This chart was made up during my interrogation.

COL. AMEN: For the information of the Tribunal, that is Exhibit Number USA-493, the chart of which the witness speaks.

OHLENDORF: I didn’t understand you.

COL. AMEN: Will you tell the Tribunal whether that chart correctly portrays the basic organization of the RSHA, as well as the position of Kaltenbrunner, the Gestapo, and the SD in the German Police system?

OHLENDORF: This chart represents the organization of the RSHA. It shows the correct position of the SD departments, of the State Police, and of the Secret Police.

COL. AMEN: Referring once more to the chart, please indicate your position in the RSHA and state for what period you continued to serve in that capacity.

[The witness pointed to Amt III on the chart.]

COL. AMEN: What were the positions of Kaltenbrunner, Müller, and Eichmann in the RSHA, and state for what periods of time each of them continued to serve in his respective capacity?

OHLENDORF: Kaltenbrunner was Chief of the Sicherheitspolizei and the SD; as such, he was also Chief of the RSHA, the internal organizational term for the office of the chief of the Sicherheitspolizei and the SD.

Kaltenbrunner occupied this position from 30 January 1943 until the end of the war. Müller was Chief of Amt IV, the Gestapo. When the Gestapo was established, he became Deputy Chief, and as such he logically became Chief of Amt IV of the RSHA. He occupied this position until the end of the war. Eichmann occupied a position in Amt IV under Müller and worked on the Jewish problem from approximately 1940 onwards. To my knowledge, he also occupied this position until the end of the war.

COL. AMEN: Did you tell us for what period of time you continued to serve as Chief of Amt III?

OHLENDORF: I was part-time Chief of Amt III from 1939 to 1945.

COL. AMEN: Turning now to the designation “Mobile Units” with the Army shown in the lower right hand corner of the chart, please explain to the Tribunal the significance of the terms “Einsatzgruppe” and “Einsatzkommando.”

OHLENDORF: The concept “Einsatzgruppe” was established after an agreement between the Chiefs of the RSHA, OKW, and OKH, on the separate use of Sipo units in the operational areas. The concept “Einsatzgruppe” first appeared during the Polish campaign.

The agreement with the OKH and OKW, however, was arrived at only before the beginning of the Russian campaign. This agreement specified that a representative of the Chief of the Sipo and the SD would be assigned to the army groups, or armies, and that this official would have at his disposal mobile units of the Sipo and the SD in the form of an Einsatzgruppe, subdivided into Einsatzkommandos. The Einsatzkommandos would, on orders from the army group or army, be assigned to the individual army units as needed.

COL. AMEN: State, if you know, whether prior to the campaign against Soviet Russia, any agreement was entered into between the OKW, OKH, and RSHA?

OHLENDORF: Yes, the Einsatzgruppen and Einsatzkommandos, as I have just described them, were used on the basis of a written agreement between the OKW, OKH, and RSHA.

COL. AMEN: How do you know that there was such a written agreement?

OHLENDORF: I was repeatedly present during the negotiations which Albrecht and Schellenberg conducted with the OKH and OKW; and I also had a written copy of this agreement, which was the outcome of these negotiations, in my own hands when I took over the Einsatzgruppe.

COL. AMEN: Explain to the Tribunal who Schellenberg was. What position, if any, did he occupy?

OHLENDORF: Schellenberg was, at the end, Chief of Amt VI in the RSHA; at the time when he was conducting these negotiations as the representative of Heydrich, he belonged to the Amt I.

COL. AMEN: On approximately what date did these negotiations take place?

OHLENDORF: The negotiations lasted several weeks. The agreement must have been reached about 1 or 2 weeks before the beginning of the Russian campaign.

COL. AMEN: Did you yourself ever see a copy of this written agreement?

OHLENDORF: Yes.

COL. AMEN: Did you have occasion to work with this written agreement?

OHLENDORF: Yes.

COL. AMEN: On more than one occasion?

OHLENDORF: Yes; in all questions arising out of the relationship between the Einsatzgruppen and the Army.

COL. AMEN: Do you know where the original or any copy of that agreement is located today?

OHLENDORF: No.

COL. AMEN: To the best of your knowledge and recollection, please explain to the Tribunal the entire substance of this written agreement.

OHLENDORF: First of all, the agreement stated that Einsatzgruppen and Einsatzkommandos would be set up and used in the operational areas. This created a precedent, because until that time the Army had, on its own responsibility, discharged the tasks which would now fall solely to the Sipo. The second was the regulation as to competence.

THE PRESIDENT: You’re going too fast. What is it that you say the Einsatzkommandos did under the agreement?

OHLENDORF: I said, this was the relationship between the Army and the Einsatzgruppen and the Einsatzkommandos. The agreement specified that the army groups or armies would be responsible for the movement and the supply of Einsatzgruppen, but that instructions for their activities would come from the Chief of the Sipo and SD.

COL. AMEN: Let us understand. Is it correct that an Einsatz group was to be attached to each army group or army?

OHLENDORF: Every army group was to have an Einsatzgruppe attached to it. The army group in its turn would then attach the Einsatzkommandos to the armies of the army group.

COL. AMEN: And was the army command to determine the area within which the Einsatz group was to operate?

OHLENDORF: The operational area of the Einsatzgruppe was already determined by the fact that it was attached to a specific army group and therefore moved with it, whereas the operational areas of the Einsatzkommandos were then fixed by the army group or army.

COL. AMEN: Did the agreement also provide that the army command was to direct the time during which they were to operate?

OHLENDORF: That was included under the heading “movement.”

COL. AMEN: And also to direct any additional tasks they were to perform?

OHLENDORF: Yes. Even though the Chiefs of the Sipo and SD had the right to issue instructions to them on their work, there existed a general agreement that the army was also entitled to issue orders to the Einsatzgruppen, if the operational situation made it necessary.

COL. AMEN: What did this agreement provide with respect to the attachment of the Einsatz group command to the army command?

OHLENDORF: I can’t remember whether anything specific was contained in the agreement about that. At any rate a liaison man between the army command and the SD was appointed.

COL. AMEN: Do you recall any other provisions of this written agreement?

OHLENDORF: I believe I can state the main contents of that agreement.

COL. AMEN: What position did you occupy with respect to this agreement?

OHLENDORF: From June 1941 to the death of Heydrich in June 1942, I led Einsatzgruppe D, and was the representative of the Chief of the Sipo and the SD with the 11th Army.

COL. AMEN: And when was Heydrich’s death?

OHLENDORF: Heydrich was wounded at the end of May 1942, and died on 4 June 1942.

COL. AMEN: How much advance notice, if any, did you have of the campaign against Soviet Russia?

OHLENDORF: About 4 weeks.

COL. AMEN: How many Einsatz groups were there, and who were their respective leaders?

OHLENDORF: There were four Einsatzgruppen, Group A, B, C, and D. Chief of Einsatzgruppe A was Stahlecker; Chief of Einsatzgruppe B was Nebe; Chief of Einsatzgruppe C, Dr. Rasche, and later, Dr. Thomas; Chief of Einsatzgruppe D, I myself, and later Bierkamp.

COL. AMEN: To which army was Group D attached?

OHLENDORF: Group D was not attached to any army group, but was attached directly to the 11th Army.

COL. AMEN: Where did Group D operate?

OHLENDORF: Group D operated in the Southern Ukraine.

COL. AMEN: Will you describe in more detail the nature and extent of the area in which Group D originally operated, naming the cities or territories?

OHLENDORF: The northernmost city was Cernauti; then southward through Mohilev-Podolsk, Yampol, then eastward Zuvalje, Czervind, Melitopol, Mariopol, Taganrog, Rostov, and the Crimea.

COL. AMEN: What was the ultimate objective of Group D?

OHLENDORF: Group D was held in reserve for the Caucasus, for an army group which was to operate in the Caucasus.

COL. AMEN: When did Group D commence its move into Soviet Russia?

OHLENDORF: Group D left Duegen on 21 June and reached Pietra Namsk in Romania in 3 days. There the first Einsatzkommandos were already being demanded by the Army, and they immediately set off for the destinations named by the Army. The entire Einsatzgruppe was put into operation at the beginning of July.

COL. AMEN: You are referring to the 11th Army?

OHLENDORF: Yes.

COL. AMEN: In what respects, if any, were the official duties of the Einsatz groups concerned with Jews and Communist commissars?

OHLENDORF: On the question of Jews and Communists, the Einsatzgruppen and the commanders of the Einsatzkommandos were orally instructed before their mission.

COL. AMEN: What were their instructions with respect to the Jews and the Communist functionaries?

OHLENDORF: The instructions were that in the Russian operational areas of the Einsatzgruppen the Jews, as well as the Soviet political commissars, were to be liquidated.

COL. AMEN: And when you say “liquidated” do you mean “killed?”

OHLENDORF: Yes, I mean “killed.”

COL. AMEN: Prior to the opening of the Soviet campaign, did you attend a conference at Pretz?

OHLENDORF: Yes, it was a conference at which the Einsatzgruppen and the Einsatzkommandos were informed of their tasks and were given the necessary orders.

COL. AMEN: Who was present at that conference?

OHLENDORF: The chiefs of the Einsatzgruppen and the commanders of the Einsatzkommandos and Streckenbach of the RSHA who transmitted the orders of Heydrich and Himmler.

COL. AMEN: What were those orders?

OHLENDORF: Those were the general orders on the normal work of the Sipo and the SD, and in addition the liquidation order which I have already mentioned.

COL. AMEN: And that conference took place on approximately what date?

OHLENDORF: About 3 or 4 days before the mission.

COL. AMEN: So that before you commenced to march into Soviet Russia, you received orders at this conference to exterminate the Jews and Communist functionaries in addition to the regular professional work of the Security Police and SD; is that correct?

OHLENDORF: Yes.

COL. AMEN: Did you, personally, have any conversation with Himmler respecting any communication from Himmler to the chiefs of army groups and armies concerning this mission?

OHLENDORF: Yes. Himmler told me that before the beginning of the Russian campaign Hitler had spoken of this mission to a conference of the army groups and the army chiefs—no, not the army chiefs but the commanding generals—and had instructed the commanding generals to provide the necessary support.

COL. AMEN: So that you can testify that the chiefs of the army groups and the armies had been similarly informed of these orders for the liquidation of the Jews and Soviet functionaries?

OHLENDORF: I don’t think it is quite correct to put it in that form. They had no orders for liquidation; the order for the liquidation was given to Himmler to carry out, but since this liquidation took place in the operational area of the army group or the armies, they had to be ordered to provide support. Moreover, without such instructions to the army, the activities of the Einsatzgruppen would not have been possible.

COL. AMEN: Did you have any other conversation with Himmler concerning this order?

OHLENDORF: Yes, in the late summer of 1941 Himmler was in Nikolaiev. He assembled the leaders and men of the Einsatzkommandos, repeated to them the liquidation order, and pointed out that the leaders and men who were taking part in the liquidation bore no personal responsibility for the execution of this order. The responsibility was his, alone, and the Führer’s.

COL. AMEN: And you yourself heard that said?

OHLENDORF: Yes.

COL. AMEN: Do you know whether this mission of the Einsatz group was known to the army group commanders?

OHLENDORF: This order and the execution of these orders were known to the commanding general of the army.

COL. AMEN: How do you know that?

OHLENDORF: Through conferences with the army and through instructions which were given by the army on the execution of the order.

COL. AMEN: Was the mission of the Einsatz groups and the agreement between OKW, OKH, and RSHA known to the other leaders in the RSHA?

OHLENDORF: At least some of them knew of it, since some of the leaders were also active in the Einsatzgruppen and Einsatzkommandos in the course of time. Furthermore, the leaders who were dealing with the organization and the legal aspect of the Einsatzgruppen also knew of it.

COL. AMEN: Most of the leaders came from the RSHA, did they not?

OHLENDORF: Which leaders?

COL. AMEN: Of the Einsatz groups.

OHLENDORF: No, one can’t say that. The leaders in the Einsatzgruppen and Einsatzkommandos came from all over the Reich.

COL. AMEN: Do you know whether the mission and the agreement were also known to Kaltenbrunner?

OHLENDORF: After his assumption of office Kaltenbrunner had to deal with these questions and consequently must have known details of the Einsatzgruppen which were offices of his.

COL. AMEN: Who was the commanding officer of the 11th Army?

OHLENDORF: At first, Ritter von Schober; later, Von Manstein.

COL. AMEN: Will you tell the Tribunal in what way or ways the commanding officer of the 11th Army directed or supervised Einsatz Group D in carrying out its liquidation activities?

OHLENDORF: An order from the 11th Army was sent to Nikolaiev stating that liquidations were to take place only at a distance of not less than 200 kilometers from the headquarters of the commanding general.

COL. AMEN: Do you recall any other occasion?

OHLENDORF: In Simferopol the army command requested the Einsatzkommandos in its area to hasten the liquidations, because famine was threatening and there was a great housing shortage.

COL. AMEN: Do you know how many persons were liquidated by Einsatz Group D under your direction?

OHLENDORF: In the year between June 1941 to June 1942 the Einsatzkommandos reported 90,000 people liquidated.

COL. AMEN: Did that include men, women, and children?

OHLENDORF: Yes.

COL. AMEN: On what do you base those figures?

OHLENDORF: On reports sent by the Einsatzkommandos to the Einsatzgruppen.

COL. AMEN: Were those reports submitted to you?

OHLENDORF: Yes.

COL. AMEN: And you saw them and read them?

OHLENDORF: I beg your pardon?

COL. AMEN: And you saw and read those reports, personally?

OHLENDORF: Yes.

COL. AMEN: And it is on those reports that you base the figures you have given the Tribunal?

OHLENDORF: Yes.

COL. AMEN: Do you know how those figures compare with the number of persons liquidated by other Einsatz groups?

OHLENDORF: The figures which I saw of other Einsatzgruppen are considerably larger.

COL. AMEN: That was due to what factor?

OHLENDORF: I believe that to a large extent the figures submitted by the other Einsatzgruppen were exaggerated.

COL. AMEN: Did you see reports of liquidations from the other Einsatz groups from time to time?

OHLENDORF: Yes.

COL. AMEN: And those reports showed liquidations exceeding those of Group D; is that correct?

OHLENDORF: Yes.

COL. AMEN: Did you personally supervise mass executions of these individuals?

OHLENDORF: I was present at two mass executions for purposes of inspection.

COL. AMEN: Will you explain to the Tribunal in detail how an individual mass execution was carried out?

OHLENDORF: A local Einsatzkommando attempted to collect all the Jews in its area by registering them. This registration was performed by the Jews themselves.

COL. AMEN: On what pretext, if any, were they rounded up?

OHLENDORF: On the pretext that they were to be resettled.

COL. AMEN: Will you continue?

OHLENDORF: After the registration the Jews were collected at one place; and from there they were later transported to the place of execution, which was, as a rule an antitank ditch