Chapter 11.

If the Court will look at the extract from Page 256, it reads as

follows:

“Had it not been possible for them to employ members of the

inferior race which they conquered, the Aryans would never have

been in a position to take the first steps on the road which led

them to a later type of culture; just as, without the help of

certain suitable animals which they were able to tame, they

would never have come to the invention of mechanical power,

which has subsequently enabled them to do without these

beasts. . . .

“For the establishment of superior types of civilization the

members of inferior races formed one of the most essential

prerequisites . . . .”

And in a later passage in _Mein Kampf_, at Page 344, Hitler applies

these general ideas to Germany:

“If in its historical development the German people had

possessed the unity of the herd by which other people have so

much benefited, then the German Reich would probably be mistress

of the globe today. World history would have taken another

course, and in this case no man can tell if what many blinded

pacifists hope to attain by petitioning, whining, and crying may

not have been reached in this way: namely, a peace which would

not be based upon the waving of olive branches by tearful

misery-mongering of pacifist old women, but a peace that would

be guaranteed by the triumphant sword of a people endowed with

the power to master the world and administer it in the service

of a higher civilization.”

In these passages which I have quoted, the Tribunal will have noticed

Hitler’s love of war and scorn of those whom he described as pacifists.

The underlying message of the whole of this book, which appears again

and again, is: Firstly, that the struggle for existence requires the

organization and use of force; secondly, that the Aryan German is

superior to other races and has the right to conquer and rule them;

thirdly, that all doctrines which preach peaceable solutions of

international problems represent a disastrous weakness in the nation

that adopts them.

Implicit in the whole of the argument is a fundamental and arrogant

denial of the possibility of any rule of law in international affairs.

It is in the light of the general doctrines of _Mein Kampf_ that I

invite the Tribunal to consider the more definite passages in which

Hitler deals with specific problems of German foreign policy.

The very first page of the book contains a remarkable forecast of Nazi

policy. It reads—Page 1, Column 1:

“German Austria must be restored to the great German motherland;

and not, indeed, on any grounds of economic calculation

whatsoever. No, no. Even if the union were a matter of economic

indifference, and even if it were to be disadvantageous from the

economic standpoint, still it ought to take place. People of the

same blood should be in the same Reich. The German people will

have no right to engage in a colonial policy until they shall

have brought all their children together in one state. When the

territory of the Reich embraces all the Germans and finds itself

unable to assure them a livelihood, only then can the moral

right arise from the need of the people, to acquire foreign

territory. The plough is then the sword; and the tears of war

will produce the daily bread for the generations to come.”

Hitler in this book also roundly declares that the mere restoration of

Germany’s frontiers as they were in 1914 would be wholly insufficient

for his purposes. At Page 553 he writes:

“In regard to this point I should like to make the following

statement: To demand that the 1914 frontiers should be restored

is a glaring political absurdity that is fraught with such

consequences as to make the claim itself appear criminal. The

confines of the Reich as they existed in 1914 were thoroughly

illogical because they were not really complete, in the sense of

including all the members of the German nation. Nor were they

reasonable, in view of the geographical exigencies of military

defense. They were not the consequences of a political plan

which had been well considered and carried out, but they were

temporary frontiers established in virtue of a political

struggle that had not been brought to a finish; and indeed, they

were partly the chance result of circumstances.”

In further elaboration of Nazi policy, Hitler does not merely denounce

the Treaty of Versailles; he desires to see a Germany which is a world

power with territory sufficient for a future German people, of a

magnitude which he does not define.

In the next quotation, from Page 554, the first sentence reads:

“For the future of the German nation the 1914 frontiers are of

no significance.”

And in the third paragraph the Court sees:

“We National Socialists must stick firmly to the aim that we

have set for our foreign policy, namely, that the German people

must be assured the territorial area which is necessary for it

to exist on this earth. And only for such action as is

undertaken to secure those ends can it be lawful in the eyes of

God and our German posterity to allow the blood of our people to

be shed once again; before God, because we are sent into this

world with the commission to struggle for our daily bread, as

creatures to whom nothing is donated and who must be able to win

and hold their position as lords of the earth only through their

own intelligence and courage.

“And this justification must be established also before our

German posterity, on the grounds that for each one who has shed

his blood the life of a thousand others will be guaranteed to

posterity. The territory on which one day our German peasants

will be able to bring forth and nourish their sturdy sons will

justify the blood of the sons of the peasants that has to be

shed today. And the statesmen who have decreed this sacrifice

may be persecuted by their contemporaries, but posterity will

absolve them from all guilt for having demanded this offering

from their people.”

Then, the next quotation; Hitler writes at Page 557:

“Germany will either become a world power or will not continue

to exist at all. But, in order to become a world power, it needs

that territorial magnitude which gives it the necessary

importance today and assures the existence of its citizens.”

And, finally, he writes:

“. . . we must take our stand on the principles already

mentioned in regard to foreign policy, namely, the necessity of

bringing our territorial area into just proportion with the

number of our population. From the past we can learn only one

lesson, and this is that the aim which is to be pursued in our

political conduct must be twofold, namely: (1) The acquisition

of territory as the objective of our foreign policy, and (2) the

establishment of a new and uniform foundation as the objective

of our political activities at home, in accordance with our

doctrine of nationhood.”

Now these passages from _Mein Kampf_ raise the question: Where did

Hitler expect to find the increased territory beyond the 1914 boundaries

of Germany? To this Hitler’s answer is sufficiently explicit. Reviewing

the history of the German Empire from 1871 to 1918, he wrote in an early

passage of _Mein Kampf_, at Page 132:

“Therefore, the only possibility which Germany had of carrying a

sound territorial policy into effect was that of acquiring new

territory in Europe itself. Colonies cannot serve this purpose

so long as they are not suited for settlement by Europeans on a

large scale. In the nineteenth century it was no longer possible

to acquire such colonies by peaceful means. Therefore, any

attempt at such a colonial expansion would have meant an

enormous military struggle. Consequently, it would have been

more practical to undertake that military struggle for new

territory in Europe rather than to wage war for the acquisition

of possessions abroad.

“Such a decision naturally demanded that the nation’s undivided

energies should be devoted to it. A policy of that kind, which

requires for its fulfillment every ounce of available energy on

the part of everybody concerned, cannot be carried into effect

by half measures or in a hesitant manner. The political

leadership of the German Empire should then have been directed

exclusively to this goal. No political step should have been

taken in response to considerations other than this task and the

means of accomplishing it. Germany should have been alive to the

fact that such a goal could have been reached only by war, and

the prospect of war should have been faced with calm and

collected determination.

“The whole system of alliances should have been envisaged and

valued from that standpoint.”

And then this is the vital sentence:

“If new territory were to be acquired in Europe, it must have

been mainly at Russia’s cost, and once again the new German

Empire should have set out on its march along the same road as

was formerly trodden by the Teutonic Knights, this time to

acquire soil for the German plough by means of the German sword

and thus provide the nation with its daily bread.”

To this program of expansion in the East, Hitler returned again at the

end of _Mein Kampf_. After discussing the insufficiency of Germany’s

pre-war frontiers, he again points the path to the East and declares

that the ‘Drang nach Osten’ (the drive to the East) must be resumed; and

he writes:

“Therefore we National Socialists have purposely drawn a line

through the line of conduct followed by pre-war Germany in

foreign policy . . . . We put an end to the perpetual Germanic

march towards the south and west of Europe and turn our eyes

towards the lands of the East. We finally put a stop to the

colonial and trade policy of pre-war times and pass over to the

territorial policy of the future.

“But when we speak of new territory in Europe today we must

principally think of Russia and the border states subject to

her.”

Now Hitler was shrewd enough to see that his aggressive designs in the

East might be endangered by a defensive alliance between Russia, France,

and England. His foreign policy, as outlined in _Mein Kampf_, therefore

was to detach England and Italy from France and Russia and to change the

attitude of Germany towards France from the defensive to the offensive.

The final quotation from _Mein Kampf_ comes from Page 570:

“As long as the eternal conflict between France and Germany is

waged only in the form of a German defense against the French

attack, that conflict can never be decided, and from century to

century Germany will lose one position after another. If we

study the changes that have taken place, from the 12th century

up to our day, in the frontiers within which the German language

is spoken, we can hardly hope for a successful issue to result

from the acceptance and development of a line of conduct which

has hitherto been so detrimental for us.

“Only when the Germans have taken all this fully into account

will they cease allowing the national will-to-live to wear

itself out in merely passive defense and will rally together for

a last decisive contest with France. And in this contest the

essential objective of the German nation will be fought for.

Only then will it be possible to put an end to the eternal

Franco-German conflict which has hitherto proved so sterile.

“Of course it is here presumed that Germany sees in the

suppression of France nothing more than a means which will make

it possible for our people finally to expand in another quarter.

Today there are 80 million Germans in Europe. And our foreign

policy will be recognized as rightly conducted only when, after

barely a hundred years, there will be 250 million Germans living

on this continent, not packed together as the coolies in the

factories of another continent, but as tillers of the soil and

workers whose labor will be a mutual assurance for their

existence.”

I submit, therefore, that, quite apart from the evidence already

submitted to the Tribunal, the evidence of _Mein Kampf_, taken in

conjunction with the facts of Nazi Germany’s subsequent behavior towards

other countries, goes to show that from the very first moment that they

attained power, and indeed long before that time, Hitler and his

confederates, the defendants, were engaged in planning and preparing

aggressive war as is alleged against them in this Indictment.

Events have proved in the blood and misery of millions of men, women,

and children that _Mein Kampf_ was no mere literary exercise to be

treated with easy indifference, as unfortunately it was treated before

the war by those who were imperiled, but was the expression of a

fanatical faith in force and fraud as the means to Nazi dominance in

Europe, if not in the whole world. The Prosecution’s submission is that,

accepting and propagating the jungle philosophy of _Mein Kampf_, the

Nazi confederates who are indicted here deliberately pushed our

civilization over the precipice of war.

THE PRESIDENT: The Tribunal will now adjourn for 10 minutes.

[_A recess was taken._]

SIR DAVID MAXWELL-FYFE: May it please the Tribunal, the next stage of

the Prosecution is the presentation of the cases against the individual

defendants under the Counts One and Two of the Indictment. Before that

is begun the chief prosecutors for the United States and Great Britain

wish, with the permission of the Tribunal, to make four points perfectly

clear:

The object of this part of the case is to collect for the benefit,

first, of the members of the Tribunal and, secondly, of the Defense

Counsel concerned, the evidence against each defendant under Counts One

and Two which has been presented by the American and British

Delegations. Otherwise it would be easy among the many documents already

before the Court to miss relevant pieces of evidence which the Tribunal

might wish to consider and to which the defendants may wish to make a

reply.

This does not mean that the case against these defendants has in any way

ended. Vital and important parts of the case remain concerning the

actual atrocities, both War Crimes and Crimes against Humanity. The

evidence in regard to these will shortly be presented by the French

Delegation and the Delegation of the Union of Soviet Socialist

Republics, and when the massive documentation of these crimes is placed

before the Court, the French and Soviet Delegations will have the

opportunity of relating them to the individual defendants in the dock.

It has been the desire of all the chief prosecutors to delimit as

clearly as possible the evidence under the respective Counts of the

Indictment. The documents in evidence, however, were not written with a

view to this Trial, and therefore many of them inevitably deal with

offenses under more than one Count. It is by reason of this alone that

some overlapping and repetition necessarily exists.

Similarly it may occur that as the French and Soviet cases are developed

documents may come to light which bear on the common plan or the

initiation of wars of aggression or on other material connected with

Counts One and Two. The American and British Delegations will welcome

any addition to the evidence on these parts of the case which such

documents may provide and gladly receive such reinforcement from their

French and Soviet colleagues.

With this explanation, and I am very grateful to the Tribunal for

allowing me to make it, I call on my friend Mr. Albrecht to commence

this part of the case.

DR. THOMA: Colonel Wheeler in his accusation concerning the oppression

of the Christian churches in the Eastern territory also named the Reich

Minister for the Occupied Eastern Territories, the Defendant Rosenberg,

and held him responsible. I have, however, neither in the speech of the

Prosecution nor in the document book, found any proof that such

persecution of the Church also took place in the territories

administered by Rosenberg. I wish rather to direct the attention of the

Tribunal to Document 1517-PS, in which there is a note signed by

Rosenberg concerning a discussion on questions of the East. This

document contains the following statement made by Rosenberg, “The Führer

agrees with Rosenberg’s Edict of Tolerance.”

THE PRESIDENT: Am I to understand that you are making a motion at this

stage?

DR. THOMA: I have a request to make to the Prosecution: that it should,

if possible, subsequently substantiate its charge against Rosenberg.

THE PRESIDENT: Is your point that this Document 1517-PS has not yet been

in, or what is your point?

DR. THOMA: To my knowledge this document has already been submitted, and

that was in connection with Hitler’s opinion that the Crimea question

should be cleared up completely. But in my present request I am

concerned with the fact that the Prosecution stated that in the

Government General and likewise in Warthegau and in the Eastern

countries, and in the areas administered by the Defendant Rosenberg as

well, persecution of the Church took place. The Prosecution has produced

documents concerning the first three territories, but as far as the

latter territory is concerned, I have learned of no such documents being

either in the document book or in the personal presentation made by the

Prosecution.

THE PRESIDENT: Well, you must understand that the Tribunal are not at

this stage accepting everything that has been said by the Prosecution.

You will have full opportunity when you present the case on behalf of

the Defendant Rosenberg to present any documents which may be relevant

and to comment upon any documents which have been cited by the

Prosecution and to make any argument that you think right; but this is

not the appropriate time to make any such argument. We are still

considering the case for the Prosecution, and you will have full

opportunity hereafter. Do you understand?

DR. THOMA: Then I ask the High Tribunal to consider my present

explanation as a statement.

THE PRESIDENT: We will do so, but it is not convenient for Counsel for

the Defense to intervene with statements of this sort; otherwise each

one of the defendants’ counsel might be doing it all the time. We must

ask you therefore to withhold such statements until your time comes to

answer the case for the Prosecution.

MR. RALPH G. ALBRECHT (Associate Trial Counsel for the United States):

May it please the Tribunal, I have been charged by the Chief of Counsel

for the United States with the duty of pointing out, on the basis of

evidence already admitted and of additional evidence that will be

offered, the individual responsibility of some of these defendants for

the crimes specified in Counts One and Two of the Indictment.

When these defendants chose to abandon everything that had been

recognized as good in German life and affirmatively participated in the

work of achieving the objectives of the Party, we submit that they well

knew what National Socialism stood for. They knew of the program

announced by the Nazi Party and they also had knowledge of Nazi methods.

The official NSDAP program with its 25 points was open and notorious.

Announced and published to the world in 1920, it was published and

republished and adverted to throughout the years. The Nazis made no

secret of their intentions to make the Party program the fundamental law

of the German State. The Nazis made no secret of their intentions

generally. For all to read there was _Mein Kampf_, the product of the

warped brain of the Führer, and there were the prolific writings and

utterances of many other leaders who rose to prominence, some of whom

are not sitting in the defendants’ box. And Hitler himself had

announced, that the Nazis would use force if necessary to achieve their

purposes.

Among these conspirators there were those who, like the Defendants Hess,

Rosenberg, and Göring, were associated with Hitler since the very

inception of the conspiracy. These men were among the original planners.

They were the men who subsequently set the pace and cast the mould for

the future. But there were also other conspirators (the balance of the

defendants in the dock fit into this category), who voluntarily joined

the conspiracy later.

While these men may be characterized perhaps as cruel, callous, or

inhuman, they certainly may not be called dull or stupid. They knew, and

had had the opportunity to observe, the manifestations of Nazi violence

and Nazi methods as the pattern of the swastika developed. They knew the

nature of what they were getting into. Therefore they must be presumed

to have had the desire to participate—and participate they

did—voluntarily, and so we submit that it may not validly be inferred

that they did not join the stream of the conspiracy with their eyes

open, _scienter_, as the conspiracy gathered momentum and developed into

a rushing torrent.

Much evidence has already been admitted by the Tribunal of the overt

acts of these defendants, as well as of their fellow conspirators. We

shall make no effort at this time to present an exhaustive recital of

all crimes planned or initiated by these defendants for which they must

bear full responsibility beyond peradventure. The world already knows

more of the evil deeds of these men and of their co-conspirators than

the Prosecution possibly could hope to establish within the reasonable

limits of time and of men’s patience. At this point we shall attempt to

focus attention merely to illustrative criminal conduct of the

individual conspirators.

There is an advantage to proceeding, we submit, as we propose to do,

with the permission of the Tribunal, to show in outline the extent to

which these defendants have become implicated in the serious charges

against them. In the case of many of these conspirators, a recital of

their crimes will relate to their planning of several of the categories

of crimes described in Counts One and Two of the Indictment. We shall

draw these various threads together and show, as I have said, the

outline of the completed proof, as it were, within Count One of the

Indictment, against the individual conspirators.

Thus, on behalf of the United States, I shall commence to show how some

of these defendants fit into the broad stream of the Common Plan or

Conspiracy to wage aggressive war and the extent of their individual

responsibility for their acts in pursuance of that conspiracy.

First of all, we mention the late Defendant Robert Ley who, by recourse

to self-destruction, has escaped all punishment for his participation in

the conspiracy.

Next we mention Gustav Krupp von Bohlen und Halbach, the action against

whom has been severed from this proceeding.

Nevertheless, it should be noted that documentary proof has been offered

and will be offered in support of the allegations of the Indictment that

implicate both Ley and Krupp as co-conspirators, for whose crimes the

remaining defendants also must accept responsibility.

Next we consider the Defendant Fritz Sauckel. The case against Sauckel

has been completely stated and supported by a wealth of damning evidence

by my learned colleague Mr. Dodd in his presentation of the case on

slave labor. We submit that it is unnecessary to add anything further to

the case against Sauckel to demonstrate how completely he filled his

place in the stream of the conspiracy.

The next defendant to be considered is Albert Speer. Like his

fellow-conspirator Sauckel, Speer is deeply implicated as a member of

the conspiracy and much of the case against him has been presented by

Mr. Dodd in the case on slave labor. But, unlike Sauckel, Speer’s

criminal activity went substantially beyond the realm of slave labor.

His was one of the master minds in the plan for the systematic robbery

and spoliation of the lands overrun by the German war machine.

Documentary proof of Speer’s participation in the spoliation practices

in the countries of Western Europe, as well as in the Occupied Eastern

Territories, will be presented subsequently by our learned colleagues,

the Chief Prosecutor representing the Soviet Union and the Chief French

Prosecutor, under the remaining Counts of the Indictment. This is

essentially the case that proves Speer to have been a member of the

conspiracy.

There is, however, one additional exhibit that I would like to offer

into evidence at this time. It was received only a few days ago from the

Ministerial Document Center at Kassel and it is a dossier maintained on

the Defendant Speer in the offices of the Reichsführer SS. I offer this

file as Exhibit Number USA-575. It is our Document 3568-PS and I shall

read from the dossier. I shall read from the letter dated the 25th of

July 1942, from the second paragraph:

“Reich Minister Speer was enrolled as an SS man on the personal

staff of the Reichsführer SS under SS Number 46104, with effect

from the 20th of July 1942, by order of the Reichsführer SS.”

And I think that is all I need to read from that letter. But I should

like to call the Tribunal’s attention to the annexed document, which is

a questionnaire, and right at the beginning of the same it is related

that Albert Speer was in the SS since the autumn of 1932, and his

membership number in the Party was 474481.

I next mention the Defendant Ernst Kaltenbrunner, whose case has been

completely presented in connection with the presentation on the Gestapo

and the SD as criminal organizations. We submit that further proof is

not needed to prove how completely this enemy of his own fatherland,

Austria, had been carried along in the stream of the conspiracy.

We pass then to the case of perhaps the most important conspirator on

trial before this Tribunal—the Number Two Nazi, the Nazi who stood next

to the Führer himself, the Nazi who was in some respects even more

dangerous than the Führer and other leading Party leaders.

We say that he was more dangerous because, unlike many leading Nazis,

including Hitler, who were morally and socially on the fringes of

society before the Nazi Party rode to success in 1933, this conspirator

was known to come of substantial family which had furnished officers to

the army and important civil servants to the country, in the past.

Moreover, he was possessed of substantial appearance, an ingratiating

manner, a certain affability. But all of these facets of character were

but deceptions, because they helped to conceal the man’s core of steel,

his vindictiveness, his cruelty, his lust for self-adornment,

self-glorification, and power.

This man was most dangerous, furthermore, because the outward

characteristics to which I have called attention and which he has to

some extent demonstrated here in the presence of the Tribunal were

useful in deceiving the representatives of foreign states who, in their

concern, sought to learn from him the true intentions of the Nazi State

which, by its repeated floutings of its international commitments, had

so seriously disturbed the tranquillity of the world since 1933.

And I think that the record should show how throughout the earlier

stages of this Trial, that is, before the nature of the documentary

evidence offered by the Prosecution—too grim and almost

implausible—much of the benevolence of this conspirator, his ever-ready

smile and ingratiating manner, were daily in evidence in this chamber.

His ready affirmation, by a pleasant nod for all to see, of the

correctness of statements made or the contents of documents offered by

counsel, his chiding shake of the head when he disagreed with such facts

were commonplace.

THE PRESIDENT: I don’t think the Tribunal is interested in this, Mr.

Albrecht.

MR. ALBRECHT: I shall pass on, then, with the presentation, with the

permission of the Tribunal, and I shall give an account of certain facts

already established by the documents in evidence; and with the

permission of the Tribunal I shall not, unless it is so wished, refer to

the exhibit numbers or citations of most of the old evidence that I

shall allude to. These are all set forth in the trial brief that has

already been distributed.

Against the background of this factual account, into which we have drawn

the main threads of the case already presented that show the complicity

of the Defendant Göring, we shall offer certain additional documentary

evidence which we believe necessary to demonstrate Göring’s connection

and responsibility for certain phases of the conspiracy.

I should have said before, if Your Honors please, that there have been

distributed and are now before you three volumes of document books

bearing the letters “DD,” which contain substantially all the documents,

new as well as old, bearing on the individual responsibility of this

defendant.

We shall first deal with the individual responsibility of this

conspirator for Crimes against Peace. These crimes include Göring’s

participation in the acquisition and consolidation of power in Germany,

the economic and military preparations for war, and the waging of

aggressive war.

For more than two decades Göring’s activities extended over nearly every

phase of the conspiracy. He was one of the conspirators associated with

Hitler from the very beginning. A member of the Party since 1922, he

participated in the Munich Putsch of November 1923 at the head of the

SA, a Nazi organization shown to have been committed to the use of

violence.

Göring fled the country after the Putsch in order to escape arrest.

After his return he became more than a commander of street fighters. He

was designated Hitler’s first political assistant. A measure of the man

may be gleaned from an exhibit already in evidence, namely, Gritzbach’s

official biography of Göring, in which are recorded his dealings with

the Brüning Government, his attempts to break down the barrier around

President Von Hindenburg, and his coup as Reichstag President in

September 1932 in procuring a vote of no confidence against the Von

Papen Government just before the Reichstag was dissolved.

Göring’s writings show him not to be backward in taking credit for his

efforts to advance the cause of the Party. Full credit has also been

accorded him by Hitler, and Göring has boasted that no title and no

decoration could make him so proud as the designation given to him by

the German people, and I quote, “the most faithful paladin of our

Führer.” That short quotation, may it please the Court, comes from our

Exhibit Number USA-233, our Document 2324-PS.

With the advent of the Nazis to power in January 1933 Göring became

acting Minister of the Interior and Prime Minister of Prussia. In these

capacities he proceeded promptly to establish a regime of terror in

Prussia designed to suppress all opposition to the Nazi program.

His chief tool in that connection was the Prussian Police, which

remained under his jurisdiction until 1936. As early as February 1933,

he directed the entire police force to render unqualified assistance to

the para-military organizations supporting the new government, such as

the SA and the SS, and to crush all political opponents with firearms,

if necessary, and regardless of the consequences. The Tribunal will take

judicial notice of the directives of the 10th and 17th of February 1933,

which are cited on Page 7 of our brief and which appear in that

collection of decrees known as the _Ministerialblatt für die Preussische

Innere Verwaltung_ of 1933.

Göring has frequently and proudly acknowledged his personal

responsibility for the crimes committed pursuant to orders of this

character, and I recall his words which he uttered before thousands of

his fellow Germans:

“Each bullet which leaves the barrel of a police pistol now is

my bullet. If one calls this murder, then I have murdered; I

ordered all this, I back it up. I assume the responsibility and

I am not afraid to do so.”

That quotation, may it please the Tribunal, comes from our Exhibit

Number USA-233, already in evidence, our Document 2324-PS.

Soon after he became Prime Minister of Prussia, in pursuance of the

conspiracy, Göring began to develop the Gestapo or Secret State Police,

the details of which organization of terror were presented to the Court

by my learned colleague, Colonel Storey. As early as the 26th of April

1933, he signed the first law officially establishing the Gestapo in

Prussia; and, pursuant to a decree which he signed, he named himself

Prime Minister, Chief of the Prussian Secret State Police.

Göring was undoubtedly an efficient conspirator. He was impatient to

consolidate the power of the Party at home. Already in spring 1933 the

concentration camps were established in Prussia. Men and women,

so-called “Marxists” and other political opponents, taken into custody

by the Gestapo were thrown into concentration camps without trial.

Göring said, “Against the enemies of the state we must proceed

ruthlessly.” That statement appears in our Document 2324-PS, which is

already in evidence as Exhibit Number USA-233.

The range of political terrorism under his leadership was almost

limitless. A glance at a few of his police directives in those early

days will indicate the extent and thoroughness with which every

dissident voice was silenced. I ask the Tribunal to take judicial notice

of some of these decrees in the same collection I mentioned a short

while ago, entitled the _Ministerialblatt für die Preussische Innere

Verwaltung_, and we have cited these decrees on Pages 9 and 10 of our

brief. These include:

A directive of the 22d of June 1933, which required all officials to

watch the statements of civil servants and to denounce to the Defendant

Göring those who made critical remarks. The failure to make such reports

was to be regarded as proof of hostile attitude. Then there was the

directive of the 23rd of June 1933, which suppressed all activities of

the Social Democratic Party, including meetings and the party press, and

ordered the confiscation of its property. There was the directive of the

30th of June 1933, which directed the Gestapo authorities to report to

the Labor Trustees on the political attitude of the workers. There was

the directive of the 15th of January 1934, which ordered the Gestapo and

the frontier police to keep track of _émigrés_, particularly political

_émigrés_ and Jews residing in neighboring countries, and to arrest them

and to put them in concentration camps if they returned to Germany.

The essential ruthlessness of Göring is further illustrated by a

well-known bloody episode. After the elimination of the forces of the

opposition, the Nazis felt it necessary to dispose of non-conformists

within their own ranks. This they accomplished in what has become known

as the Röhm Purge of the 30th of June 1934. The Defendant Frick, a chief

conspirator in his own right, stated in that connection, in an

affidavit, that many people were murdered who had nothing to do with the

internal SA revolt, but who were “just not liked very well.”

Göring’s role in this sordid affair was related less than 2 weeks after

the event by Hitler in a speech to the Reichstag, and I would like to

offer in evidence as Exhibit Number USA-576 our Document 3442-PS, in

which is contained the speech of Hitler made on the 13th of July 1934 in

the Reichstag. It is published in _Das Archiv_, Volume 4, at Page 505. I

quote:

“Meanwhile Minister President Göring, had already received my

instructions that in case of a purge he was to take analogous

measures at once in Berlin and in Prussia. With an iron fist he

beat down the attack on the National Socialist State before it

could develop.”

With the accession of the Nazis to power Göring at once assumed a number

of the highest and most influential positions also in the Reich. The

proof already presented on the composition and functions of the Reich

Cabinet and of the offices held by Göring shows him to have been, in

fact, the most important executive of the Nazi State.

A member of the Reichstag since 1928 and its President since 1932, he

was a member of the Cabinet from the beginning as Reich Minister without

Portfolio. Shortly thereafter he received the portfolio as Reich

Minister for Air. When, in an early meeting, the Cabinet discussed the

pending Enabling Act, which gave the Cabinet plenary powers of

legislation, he offered the suggestion that the required two-thirds

majority might be obtained simply by refusing admittance to Social

Democratic delegates. I offer in evidence, as Exhibit Number USA-578,

our Document 2962-PS, which contains the minutes of that meeting. If

Your Honors will note, that meeting was held on the 15th of March 1933,

and there were present, besides the Defendant Göring, the Defendants Von

Papen, Von Neurath, Frick, and Funk. I read from Page 6 of that

document:

“Reich Minister Göring expressed his conviction that the

Enabling Act would be passed with the necessary two-thirds

majority. Possibly a majority could be obtained by banishing

several Social Democrats from the hall. Possibly the Social

Democrats would even refrain from voting on the Enabling

Act. . . .”

In 1935, with the unmasking of a secret Luftwaffe, Göring became its

Commander-in-Chief. He sat as a member and the Führer’s Deputy on the

Reich Defense Council, established by the secret law of the 21st of May

1933. The purpose of that Council was, as stated by the Defendant Frick

in an affidavit that is in evidence—and I quote:

“To plan preparations and decrees in case of war, which later on

were published by the Ministerial Council for the Defense of the

Reich.”

His assumption of ever greater responsibility seemed limitless. In 1936

Göring was made Plenipotentiary for the Four Year Plan, whereby he

acquired plenary legislative and administrative powers over all German

economic life. In 1938 he became a member of the Secret Cabinet Council,

which had been established to act as “an advisory board in the direction

of foreign policy.”

The Ministerial Council for the Defense of the Reich, created in 1939,

took over, in effect, all of the legislative powers of the Cabinet which

had not been reserved otherwise, and Göring became its chairman.

His efficient and ruthless services were recognized by Hitler in 1939,

when he designated Göring as his successor, as heir apparent to the “New

Order.”

In April 1936 Göring was appointed Coordinator for Raw Materials and

Foreign Exchange and empowered to supervise all State and Party

activities in these fields. I offer in support of that fact, as Exhibit

Number USA-577, our Document 2827-PS, which is an excerpt from Rühle,

_Das Dritte Reich_. I read from the fourth paragraph of the excerpt, if

Your Honor pleases, which is an excerpt from a decree signed by Hitler,

and it reads as follows:

“Minister President, Colonel General Göring will take the

measures necessary for the accomplishment of the tasks given to

him and has the authority to issue decrees and general

administrative directives. He, for this purpose, is authorized

to question and issue directives to all authorities, including

the highest Reich authorities, and all agencies of the Party,

its formations and attached organizations.”

In this capacity Göring convened the War Minister, the Defendant Schacht

as Minister of Economics and President of the Reichsbank, and the

Finance Minister for the Reich and the State of Prussia to discuss

inter-agency problems connected with war mobilization. At a meeting of

this group on the 12th of May 1936, when the question of the prohibitive

cost of synthetic raw material substitutes arose, Göring decided:

“If we have war tomorrow we must help ourselves by substitutes.

Then money will not play any role at all. If that is the case,

then we must be ready to create the prerequisites for that in

peacetime.”

A few days later, on the 27th of May 1936, at a meeting of the same

group Göring opposed any limitations dictated by orthodox financial

policies. He said that “all measures are to be considered from the

standpoint of an assured waging of war.”

The well-known Four Year Plan was proclaimed by Hitler at the 1936

Nuremberg Party Day. Göring was appointed Plenipotentiary in charge of

the program, which was intended to achieve national self-sufficiency.

Furthermore, Göring commented in 1936 that his chief task as

Plenipotentiary was “to put the whole economy on a war footing within 4

years.” I would like to offer into evidence, as Exhibit Number USA-579,

our Document EC-408, so that I may direct the Tribunal’s attention to a

memorandum, dated the 30th of December 1936, of the Defense Division of

the Wehrmacht, entitled, “Memorandum on the Four Year Plan and

Preparation of the War Economy”; and in the third paragraph of the

translation, or at Page 2, in the middle of Paragraph Number 3 in the

German original, there is the statement registered in the protocol, in

the memorandum, that:

“Minister President General Göring, as Commissioner for the Four

Year Plan, by authority of the Führer and Reich Chancellor,

granted 18 of October 1936.

“As regards the war economy, Minister President, Colonel General

Göring sees it as his task ‘within 4 years to put the entire

economy in a state of readiness for war.’”

The exhibit from which I have just read is of interest because of

another document that has just been brought to the attention of the

Prosecution. It is a note for the files, dated December 2, 1936, written

in longhand on the letterhead of “Minister President General Göring,”

and is in the handwriting of Colonel Bodenschatz, Göring’s Chief of

Staff. I offer this memorandum as Exhibit Number USA-580. It is our

Document 3474-PS, and I direct the Tribunal’s attention to the fact that

the date of this document is the 2d of December 1936. That was a

conference, apparently, at which all the chief officers and generals of

the Air Force, the German Air Force, met. Besides the Defendant Göring,

there were General Milch, General Kesselring, Rüdel, Stumpff,

Christiansen, and all the top commanders of the Air Force, and I read:

“World press excited about the landing of 5,000 German

volunteers in Spain. Official complaint by Great Britain; she

gets in touch with France.

“Italy suggests that Germany and Italy send, each, one division

ground troops to Spain. It is, however, necessary that Italy, as

interested Mediterranean power, issue a political declaration

first. A decision can be expected only within a few days.

“The general situation is very serious. Russia wants the war.

England rearms speedily. Command therefore: Beginning today

‘höchste Einsatzbereitschaft’”—apparently the translator did

not see fit to translate those words, which mean the “highest

degree of readiness”—“regardless of financial difficulties.

Göring takes over full responsibility.”

“Peace until 1941 is desirable. However, we cannot know whether

there will be implications before. We are already in a state of

war. It is only that no shot is being fired so far.”

THE PRESIDENT: Perhaps that would be a convenient time to break off.

[_A recess was taken until 1400 hours._]

_Afternoon Session_

MR. ALBRECHT: May it please the Tribunal, two important conferences

which have already been adverted to by the Prosecution show clearly how

the Defendant Göring inspired and directed the preparation of the German

economy for aggressive war. On the 8th of July 1938 he addressed a

number of the leading German aircraft manufacturers and laid the

groundwork for a vast increase in aircraft production. He stated that

war with Czechoslovakia was imminent and boasted that the German Air

Force was already superior in quality and quantity to the English. He

said that:

“. . . if Germany wins the war. Then she will be the greatest

power in the world, dominating the world market, and Germany

will be a rich nation. For this goal, risks must be

taken. . . .”

That quotation, may it please the Court, is taken from Document R-140,

Exhibit Number USA-160.

A few weeks after the Munich Agreement, on the 14th of October 1938, at

another conference held in Göring’s office, he made the statement that

Hitler had instructed him to organize a gigantic armament program which

would make insignificant all previous achievements. He indicated that he

had been ordered to build as rapidly as possible an air force five times

as large, to increase the speed of army and navy rearmament, and to

concentrate on offensive weapons, principally heavy artillery and heavy

tanks; and at that meeting he proposed a specific program designed to

accomplish those ends. That is a short summary of facts which appear

from Exhibit Number USA-123 already in evidence, our Document 1301-PS.

In his dual role as Reich Air Minister and Commander-in-Chief of the

German Air Force it was Göring’s function to develop the Luftwaffe to

practical war strength. As early as the 10th of March 1935, in an

interview with the correspondent of the _London Daily Mail_, the mask of

hypocrisy was removed and Göring frankly announced to the world that he

was in the process of building a true military air force.

Two months later, in a speech to 1,000 Air Force officers, Göring spoke

in a still bolder vein. I offer in evidence from Exhibit Number USA-437,

our Document 3441-PS—which is Göring’s _Reden und Aufsätze_—another

excerpt that has not yet been read in evidence, from Page 242. Göring

said:

“I repeat: I intend to create a Luftwaffe which, if the hour

should strike, shall burst upon the foe like a chorus of

revenge. The enemy must have the feeling of being lost already

before having fought.”

In the same year, on the 16th of March 1935, he signed his name to the

conscription law which provided for compulsory military service and

constituted an act of defiance on the part of Nazi Germany in violation

of the Versailles Treaty. The Tribunal will take judicial notice of that

decree, which is our Document 1654-PS, from which I shall not read, with

the permission of the Tribunal—the Law for the Organization of the

Armed Forces; it is cited in 1935 _Reichsgesetzblatt_, Part I, Page 369.

As is demonstrated by the affidavit of Ambassador Messersmith already in

evidence, Göring’s statements during this period left no doubt in the

minds of Allied diplomats that Germany was engaged in full mobilization

of air power for an impending war.

Göring was in fact the central figure in German preparation for military

aggression. In German economic development, too, he held the key

positions throughout the pre-war period. Although he held no official

position in the field of foreign affairs, as the Number Two Nazi,

history records that he was prominent in all major phases of Nazi

aggression between 1937 and 1941.

In the Austrian affair Göring was the prompter and director of the

diplomatic “tragicomedy” enacted before a shocked but silent world.

The Tribunal is familiar with Göring’s complicity in the aggression

against Austria. However, some additional documents have just come to

our notice which show that Göring not only participated actively, but

may even have been in direct charge of the German plan to bring about

the Austrian Anschluss. I will offer the first of these documents, our

Document 3473-PS, as Exhibit Number USA-581. I shall not read from that

exhibit, if Your Honors please, but I would like to call the attention

of the Tribunal to the letter from Keppler, who was one of Göring’s

agents, addressed to the Defendant Göring. It is dated the 6th of

January 1938. From its context it would seem that a valid inference can

be drawn that Göring was already active in the Austrian matter in 1937.

Our prior evidence brought him into the picture much later. The

Prosecution believes this document to be of great significance, as it

shows that the Defendant Seyss-Inquart actually had Göring’s mandate to

carry out the orders of the Nazi conspirators in Vienna. The document

itself will be read and discussed in the presentation of the case

showing the individual responsibility of the Defendant Seyss-Inquart;

and I shall not take the time of the Tribunal at this time.

The second document I wish to introduce is Exhibit Number USA-582, our

Document 3472-PS. This exhibit would seem to show that the conspirators

attempted to create the impression that the Anschluss, when it took

place, was achieved by “legal” means. The command apparently was given

the members of the NSDAP in Austria to keep “hands off” in order to

permit the deviltry to be worked out by the official Reich agencies,

that is, through the Defendant Göring and, presumably, the Defendant Von

Papen, by direct contact with the Austrian officials.

I read from that document:

“Yesterday information reached me to the effect that

Landesleiter Leopold”—and may I interrupt for a moment to point

out that the word “Landesleiter” is the title of the leader of

the Nazi community in Austria—“also on his part has started

negotiations with Chancellor Schuschnigg. Thereupon I have asked

the Foreign Office to investigate the truth of this information

and, in case it is true, to take care that such negotiations are

not held because they would merely disturb the proceedings of

the other negotiations.

“Just now I got word from the Foreign Office that they received

a report from the embassy in Vienna confirming the facts. I

therefore would like to know whether it would not be more

appropriate to forbid Landesleiter Leopold and the other members

of the country’s leadership to negotiate with Chancellor

Schuschnigg as well as with any Austrian Government authorities

as to the execution of the pact of the 11th of July 1936, unless

it is done after contacting and in agreement with the

authorities in charge in the Reich.”

Now below, if I may call the attention of the Tribunal to the note that

appears in this letter. It is written in blue pencil, and, while the

translator has not indicated the initial below that note, it is a large

“G”; and I have no doubt that that note was written by the Defendant

Göring. It reads:

“Agreed, Minister Hess or Herr Bormann can give this order best!

Keppler ought to ask therefore by telephone!”

If I may direct your attention to the upper right corner, there is

another note in pencil, “Transmitted to Herr Keppler on the 11th of

February 1938 by Fräulein Ernst;” and it is signed with initial “G,”

which in this case, however, we are quite sure is the initial of Miss

Grundmann, who was one of Göring’s secretaries.

The third document I offer as Exhibit Number USA-583, our Document

3471-PS. The first letter of this exhibit is written by the same Keppler

to the same Bodenschatz mentioned a short while ago, but who is now a

general. I shall not read from this exhibit, with the permission of the

Tribunal, but I shall briefly summarize it. This letter and the annexes

show that Leopold, the Nazi Landesleiter in Austria, was apparently not

completely amenable to the orders given by Berlin and pursued his own

methods for accomplishing an Anschluss. The second annex to this letter,

addressed to Keppler, who appears from this letter to have been an SS

Gruppenführer, shows that prominent Nazis had declared themselves in

favor of a Major Klausner to succeed Leopold as Landesleiter; and I

would like to call the Tribunal’s attention to the fact that in the left

margin of the covering letter appear some red crayon marks in the

characteristic color employed on several occasions, to our knowledge, by

Göring; and they would seem to show that Göring personally had seen

these documents and that General Bodenschatz had brought them to his

attention. In any event these letters again demonstrate that Göring was

one of the principal conspirators in the Austrian affair.

When the time finally came, on 11 March 1938, to consummate the

Anschluss, Göring was in complete command. Throughout the afternoon and

evening of that day he directed by telephone the activities of the

Defendant Seyss-Inquart and of the other Nazi conspirators in Vienna.

The pertinent portions of these telephone conversations, it will be

remembered, were read into the record.

It will be recalled that early on the same evening of 11 March he

dictated to the Defendant Seyss-Inquart the telegram which the latter

was to send to Berlin, requesting the Nazi Government to send German

troops to “prevent bloodshed.” Two days later he was able to call the

Defendant Ribbentrop in London and gleefully relate to him of his

success and that “this story that we had given an ultimatum is just

foolish gossip.”

If I may interrupt for a moment, that passage I just alluded to was read

into the record at Page 581 (Volume II, Page 424).

Similarly, Göring played an important role in the attack on

Czechoslovakia. In March of 1938, at the time of the Anschluss, he had

given a solemn assurance to the Czechoslovakian Minister in Berlin that

the developments in Austria would in no way have a detrimental influence

on the relations between Germany and Czechoslovakia and he had

emphasized the continued earnest endeavor on the part of Germany to

improve these relations. In this connection Göring had used the

expression, “Ich gebe Ihnen mein Ehrenwort” (“I give you my word of

honor”).

That expression was read previously into the record at Page 962 (Volume

III, Page 192).

On the other hand, in his address to German airplane manufacturers on

the 8th of July 1938, which I have already mentioned, he made his

private views on this subject, which were hardly consistent with his

solemn official statements, abundantly clear.

On the 14th of October 1938, shortly after the Munich Agreement, at a

conference in the Air Ministry, Göring stated that the Sudetenland had

to be exploited with all means and that he counted upon a complete

industrial assimilation of Czechoslovakia. Meanwhile, as proof before

the Tribunal shows, he was deceiving the representatives of the puppet

Slovakian Government to the same end.

In the following year, with the rape of Czechoslovakia complete, Göring

frankly stated what Germany’s purpose had been throughout the whole

affair. He explained that the incorporation of Bohemia and Moravia into

the German economy had taken place, among other reasons, in order to

increase the German war potential by exploitation of the industry there.

Göring was also a moving force in the later crimes against the peace. As

the successor designate to Hitler, chief of the air forces and economic

czar of Greater Germany, he was a party to all the planning for military

operations of the Nazi forces in the East and in the West.

In the Polish affair, for example, it was Göring who, on the 31st of

January 1935, gave assurances to the Polish Government through Count

Czembek, as revealed in the Polish _White Book_, of which I ask the

Tribunal to take judicial notice, that “there should be not the

slightest fear in Poland that on the German side it”—meaning the

German-Polish alliance—“would not be continued in the future.” Yet, 4

years later, Göring helped to formulate plans for the ruthless invasion

of Polish territory.

In respect to the attack upon the Soviet Union, the documents already

introduced prove that plans for the ruthless exploitation of Soviet

territory were made months in advance of the opening of hostilities.

Göring was placed in charge of this army of spoliation, whose mission

was that of “seizing raw materials and taking over all important

concerns.”

But these specific instances cited are merely illustrative of Göring’s

activities in the field of aggressive war. On Pages 20, 21, and 22 of

our brief there appears a list of documents—by no means

exhaustive—previously offered by the Prosecution, which demonstrate

Göring’s knowledge of and continued participation in the Nazi war

program.

We turn now to Göring’s responsibility for planning and his

participation in the procurement of forced labor, the deportation and

enslavement of residents of occupied territories, the employment of

prisoners of war in war industry, the looting of works of art, and the

Germanization and spoliation of countries overrun by the Nazis.

Evidence previously introduced has detailed the slave labor program of

the Nazi conspirators and has shown its two purposes, both of them

criminal. The first was to satisfy the labor requirements of the Nazi

war machine by forcing residents of occupied countries to work in

Germany. The second purpose was to destroy or weaken the peoples of the

occupied territories. It has been shown that millions of foreign workers

were taken to Germany, for the most part under pressure and generally by

physical force; that these workers were forced to labor under conditions

of indescribable brutality and degradation; and that often they were

used in factories and industries devoted exclusively to the production

of munitions of war.

Göring was at all times implicated in the slave labor program.

Recruitment and allocation of manpower and determination of working

conditions were included in his jurisdiction as Plenipotentiary for the

Four Year Plan, and from its beginning a part of the Four Year Plan

Office was devoted to such work. I ask the Tribunal in this connection

to take judicial notice of our Document 1862-PS, Ordinance for the

Execution of the Four Year Plan, dated 18 October 1936, which appears in

1936, _Reichsgesetzblatt_, Part I, Page 887, and with the permission of

the Tribunal I shall not read the same.

Soon after the fall of Poland Göring began the enslavement of large

numbers of Poles. On 25 January 1940 the Defendant Frank, the Governor

General of Poland, reported to Göring on his directive for the:

“Supply and transportation of at least 1 million male and female

agricultural and industrial workers to the Reich—among them at

least 750,000 agricultural workers of which at least 50 percent

must be women in order to guarantee agricultural production in

the Reich and as a replacement for industrial workers lacking in

the Reich.”

This is taken from our Exhibit Number USA-172, our Document Number

1375-PS.

That orders for this enormous number of workers originated with the

Defendant Göring is clear from statements in the Defendant Frank’s diary

for 10 May 1940, already introduced in evidence.

For the harsh treatment given those workers when they reached Germany

the Defendant Göring is also responsible. On 8 March 1940, as

Plenipotentiary for the Four Year Plan and as Chairman of the Cabinet

Council for the Defense of the Reich, he issued a directive entitled,

“Treatment of Male and Female Civilian Workers of Polish Nationality in

the Reich.” I refer to our Document R-148 as proof of that fact. I shall

not introduce it at this time into evidence, with the permission of the

Tribunal, as it will be introduced by the Soviet prosecution at a later

date.

On 29 January 1942 the division for the employment of labor in the Four

Year Plan office issued a circular, signed by Dr. Mansfeld, the general

delegate for labor employed in the Four Year Plan office, addressed to

various civilian and military authorities in the occupied territories,

explaining that, and I quote, “any and all . . . methods . . . must be

adopted” to force workers to go to Germany. I shall not read from our

exhibit, if the Tribunal please, but I would like to offer in evidence

Document 1183-PS as our Exhibit Number USA-585. This is a circular

letter dated the 29th of January 1942 of the Commissioner for the Four

Year Plan.

It has been shown previously that on 21 March 1942 Hitler promulgated a

decree appointing the Defendant Sauckel Plenipotentiary General for

manpower, directing him to carry out his tasks within the framework of

the Four Year Plan, and making him directly responsible to Göring as

head of the Four Year Plan.

On 27 March 1942 the Defendant Göring issued his important enabling

decree in pursuance of the decree of the Führer of 21 March 1942. The

Tribunal has already judicially noted this decree, which is our Document

1666-PS.

Since the Defendant Sauckel was an authority under the Four Year Plan,

the Defendant Göring retains full responsibility for the enormous war

crimes committed by Sauckel as Plenipotentiary General for manpower.

These crimes have been the subject of our presentations on slave labor

and on the illegal use of prisoners of war.

It was also proven during those presentations that the Nazi conspirators

ordered prisoners of war to work under dangerous conditions and in the

manufacturing and transportation of arms and munitions of war, in

violation of the laws of war and of Articles 31 and 32 of the Geneva

Convention of 27 July 1929 on prisoners of war. The Defendant Göring had

a part in all these crimes.

At a conference on 7 November 1941, the subject of which was the

employment of citizens of the Soviet Union, including prisoners of war,

it appears from a memorandum signed by Körner, who was State Secretary

to the Defendant Göring as Plenipotentiary for the Four Year Plan, that

Göring gave certain ruthless directives for the use of Soviet citizens,

both prisoners of war and free Soviet workers, as laborers. I refer to

our Document 1193-PS which, with the permission of the Tribunal, I shall

not offer in evidence at this time and which will be offered by the

Soviet Prosecution.

In a set of top-secret notes of outlines laid down by Göring in what was

apparently the same conference of 7 November 1941, which are already in

evidence, the following facts appear:

1) That, of a total of 5 million prisoners of war, 2 million were

employed in war industries;

2) That it was better to employ PW’s than unsuitable foreign workers;

3) That Poles, Dutchmen, _et cetera_, should be seized if necessary as

PW’s and employed as such, if work through free contract cannot be

obtained.

These facts, if Your Honors please, appear in our Document 1206-PS,

which was submitted in evidence as Exhibit Number USA-215.

In a secret letter from the Reich Minister of Labor to the presidents of

the regional labor exchange offices, already in evidence, it is

furthermore recorded that upon the personal order of the Reich Marshal,

the Defendant Göring, 100,000 men are to be taken from among the French

PW’s not yet employed in the armament industry and assigned to the

airplane armament industry and that gaps in manpower supply resulting

therefrom are to be filled by Soviet PW’s.

Evidence has also been introduced showing the organized, systematic

program of the Nazi conspirators for the cultural impoverishment of

every country in Europe. The continuous connection of the Defendant

Göring with these activities has been substantiated.

In October 1939 the Defendant Göring requested Dr. Mühlmann to undertake

immediately the “securing” of all Polish art treasures. In his

affidavit, already offered, Dr. Mühlmann states that he was the special

deputy of the Governor General of Poland, the Defendant Frank, for the

safeguarding of art treasures in the Government General from October

1939 to September 1943, and that the Defendant Göring, in his capacity

as Chairman of the Reich Defense Council, had commissioned him with this

duty.

Mühlmann also confirms that it was the official policy of the Defendant

Frank to take into custody all important art treasures which belonged to

Polish public institutions, private collections, and the Church, and

that such art treasures were actually confiscated.

It appears also from a report made by Dr. Mühlmann on 16 July 1943 on

his operations that at one time 31 valuable sketches by the artist

Albrecht Dürer were taken from the Polish collection and personally

handed to the Defendant Göring who took them to the Führer’s

headquarters.

The part played by Göring in the looting of art by the Einsatzstab

Rosenberg has been shown. We refer to Exhibit Number USA-368, which is

our Document Number 141-PS, which is an order dated 5 November 1940,

already read in evidence, in which Göring directs the chief of the

Military Administration in Paris and the Einsatzstab Rosenberg to

dispose of the art objects brought to the Louvre in the following

priority:

“1) Those art objects as to the use of which the Führer has

reserved the decision for himself;

“2) Those art objects which serve to complete the Reich

Marshal’s collection;

“3) Those art objects and library stocks, which seem of use for

the establishment of the Hohe Schule and for Rosenberg’s sphere

of activities;

“4) Those art objects suitable for German museums . . . .”

In view of the high priority afforded by the foregoing order to the

completion of the defendant’s own collection, it is not surprising to

find that Göring continued to aid the operations of the Einsatzstab

Rosenberg. It has been established that on 1 May 1941 Göring issued an

order under his own signature to all Party, State, and Wehrmacht

services, requesting them to give all possible support and assistance to

the chief of staff of Reichsleiter Rosenberg.

By May 1942 the Defendant Göring was able to boast of the assistance

which he had rendered to the work of the Einsatzstab Rosenberg. In our

Document 1015(i)-PS which has been read in evidence on Page 1678 of the

record (Volume IV, Page 87), he is shown writing to the Defendant

Rosenberg that he personally supports the work of the Einsatzstab

wherever he can do so and that accounted for the seizure of such a large

number of art objects because he was able to render assistance to the

Einsatzstab.

Thus, the Defendant Göring’s responsibility for the planning of the

looting of art, which was actually accomplished by the Einsatzstab

Rosenberg, would seem clear.

Details of the execution of both the Germanization and spoliation

policies in both the Western and Eastern countries occupied by the

German armies will be presented subsequently by the French and Soviet

Delegations. The responsibility of the Defendant Göring, in his capacity

as Plenipotentiary for the Four Year Plan, as President of the Cabinet

Council for the Defense of the Reich, and in other capacities, will be

further demonstrated by that evidence.

The plans of the Nazi conspirators with respect to Poland have been

shown by evidence already offered. The Nazis purported to incorporate

the four western provinces of Poland into the German Reich. In the

remaining portions occupied by them they set up the Government General.

It has been shown that the Nazis planned to germanize the so-called

incorporated territories ruthlessly, by deporting the Polish

intelligentsia, Jews, and dissident elements to the Government General

for eventual elimination, by confiscating Polish property, by sending

those so deprived of their property to Germany as laborers, and by

importing German settlers. It was specifically planned to exploit the

people and material resources of the territory within the Government

General by taking whatever was needed to strengthen the Nazi war

machine, thus impoverishing this region and reducing it to a vassal

state.

The Defendant Göring, together with Hitler and Lammers and with the

Defendants Frick and Hess, on 8 October 1939 signed the decree by which

certain parts of Polish territory were incorporated into the Reich.

Purporting to act by virtue of the foregoing decree, Göring, as

Plenipotentiary for the Four Year Plan, signed an order on 30 October

1939 concerning the introduction of the Four Year Plan in the Eastern

territories.

In his directive dated 19 October 1939 (Document Number EC-410, Exhibit

Number USA-298) Göring stated that the task for the economic treatment

of the various administrative regions would differ, depending on whether

a country was to be incorporated politically into the German Reich or

whether the Government General was involved, which, in all probability,

would not be made a part of Germany. He went on to say:

“In the first mentioned territories the reconstruction and

expansion of the economy, the safeguarding of all their

production facilities and supplies must be aimed at, as well as

a complete incorporation into the Greater German economic system

at the earliest possible time. On the other hand there must be

removed from the territories of the Government General all raw

materials, scrap materials, machines, _et cetera_, which are of

use for the German war economy. Enterprises which are not

absolutely necessary for the meager maintenance of the bare

existence of the population must be transferred to Germany,

unless such transfer would require an unreasonably long period

of time and would make it more practical to exploit those

enterprises by giving them German orders to be executed at their

present location.”

From the foregoing documents the complicity of the Defendant Göring in

the plans for the ruthless exploitation of Poland appears clear. But his

fine hand also may be found behind the remainder of the Nazi plans for

Poland. As an illustration, it was the Defendant Göring who signed, with

Hitler and the Defendant Keitel, the secret decree of 7 October 1939

which entrusted Himmler with the task of executing the Germanization

program. That secret decree was read into evidence at Pages 1522-23

(Volume III, Page 583).

Evidence already introduced has shown from the mouths of Himmler, the

Defendant Frank, and others just what this appointment involved in human

suffering and degradation.

Similarly, it was the Defendant Göring who, by virtue of his powers as

Plenipotentiary for the Four Year Plan, issued a decree on 17 September

1940 concerning confiscation in the incorporated Eastern territories.

This decree applied to “property of citizens of the former Polish State

within the territory of the Greater German Reich including the

incorporated Eastern territories.” I ask the Court to take judicial

notice of our Document 1665-PS, which is an “Order concerning Treatment

of Property of Nationals of the Former Polish State,” cited in 1940

_Reichsgesetzblatt_, Part I, Page 1270. I shall read from this document:

“Article I.

“1) Property of nationals of the former Polish State within the

area of the Greater German Reich, including annexed Eastern

territories, is subject to confiscation, administration by

commissioner and sequestration in accordance with the following

regulations.”

I now skip to Article II.

“1) Confiscation will be applied in case of property belonging

to: a) Jews; b) persons who have fled or who have absented

themselves for longer than a temporary period.

“2) Confiscation may be applied: a) If the property is needed

for the public good, especially for purposes of national defense

or the strengthening of German folkdom; b) if the owners or

other persons entitled to it immigrated into the area of the

German Reich after 1 October 1918.”

I skip now to Article IX, the first part:

“1) Sequestered property can be confiscated in favor of the

Reich by the competent office . . . if the public weal,

particularly the defense of the Reich or the consolidation of

the German nationality, requires it.”

Evidence has also been introduced by the United States showing the

extent to which the spoliation of Soviet territory and resources and the

barbarous treatment inflicted on Soviet citizens were the result of

plans long made and carefully drawn up by the Nazis before they launched

their aggressive war on the Soviet Union. The Nazis planned to destroy

the industrial potential of the northern regions occupied by their

armies and so to administer the production of food in the south and

southeast, which normally produced a surplus of food, that the

population of the northern region would inevitably be reduced to

starvation because of diversion of such surplus food to the German

Reich. It has been shown also that the Nazis planned to incorporate

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.

By 29 April 1941, almost 2 months prior to the invasion of the Soviet

Union, it appears that Hitler had entrusted the Defendant Göring with

the over-all direction of the economic administration in the area of

operations and in the areas under political administration. It further

appears that Göring had set up an economic staff and subsidiary

authorities to carry out this function.

The form of this organization created by Göring and the duties of its

various sections appear more clearly in a set of directives “for the

operation of the economy in the newly occupied Eastern territories”

issued by Göring, as Reich Marshal of the Greater German Reich, in June

1941. These directives are contained in the important _Green Portfolio_

which, curiously enough, was printed by the Wehrmacht. By the terms of

these directives it is stated that:

“The orders of the Reich Marshal cover all economic fields,

including nutrition and agriculture. They are to be executed by

the subordinate economic offices. . . .”

An Economic Staff East was charged with the execution of orders

transmitted to it from higher authority. One subdivision of this staff,

the agricultural section, was charged with the following functions:

“Nutrition and agriculture, the economy of all agricultural

products, provision of supplies for the Army in co-operation

with the army groups concerned.”

Excerpts from the _Green Portfolio_ have already been admitted as

Exhibit Number USA-315, but I will offer at this time without reading

some additional excerpts in support of the facts that have just been

related. I would like to offer, as Exhibit Number USA-587, our Document

1743-PS. This is another copy of the _Green Portfolio_, and I want to

offer this portfolio to show to the Tribunal that these directives were

originally published in June 1941. Document EC-472, which is already in

evidence as Exhibit Number USA-315, was a revised edition published in

July 1941. In other words, the economic plan for the invasion was ready

when the Wehrmacht actually marched into the Soviet Union on June 22,

1941.

As appears from the foregoing directives, it was a subdivision of the

economic organization set up by the Defendant Göring, the agricultural

section of the Economic Staff East, which rendered a report on 23 May

1941, containing a set of policy directives for the exploitation of

Soviet agriculture. It will be recalled that these directives

contemplated abandonment of all industry in the food deficit regions,

with certain exceptions, and the diversion of food from the food surplus

regions to German needs, even though millions of people would inevitably

die of starvation as a result. Those directives have already been read

into evidence at Page 1558 (Volume IV, Page 5).

Minutes of a meeting at Hitler’s headquarters on 16 July 1941, kept by

the Defendant Bormann, have also been read in part in evidence. It was

at this meeting that Hitler stated that the Nazis never intended to

leave the countries then being occupied by their armies, that although

the rest of the world was to be deceived on this point, nevertheless,

“this need not prevent us from taking all necessary measures—shooting,

desettling, _et cetera_—and we shall take them.” That quotation, may it

please the Tribunal, was taken from our Exhibit USA-317, our Document

L-221. Then Hitler discussed making the Crimea and other parts of the

Soviet Union into German colonies. The Defendant Göring was present and

participated in this conference.

As a final illustration it appears from a memorandum dated 16 September

1941, which is our Exhibit Number USA-318, that Göring presided over a

meeting of German military officials concerned with the better

exploitation of the occupied territories for the German food economy. In

discussing this topic, the Defendant Göring said:

“In the occupied territories on principle only those people are

to be supplied with an adequate amount of food who work for us.

Even if one wanted to feed all the other inhabitants, one could

not do it in the newly occupied Eastern areas. It is, therefore,

wrong to funnel off food supplies for this purpose if it is done

at the expense of the Army and necessitates increased supplies

from home.”

From the foregoing documents participation of the Defendant Göring in

the Nazi plans for committing wholesale War Crimes in occupied

territories is, we submit, clear.

I turn now to Göring’s planning and his participation in inhumane acts

committed against civilian populations before and during the war. It has

been shown that shortly after becoming Prime Minister of Prussia in

1933, Göring created the Gestapo in Prussia, which became a model for

that instrument of terror as it was extended to the rest of Germany.

Concentration camps were established in Prussia in the spring of 1933

under his administration, and these camps were then placed in the charge

of the Gestapo, of which he was chief.

The extent to which Göring and the other Nazi conspirators employed

these institutions as agencies for the commission of their crimes

already appears from the evidence. In 1936 Himmler became chief of the

German Police. Thereafter Göring was able to devote his attention

chiefly to the task of creating the German Air Force and to the task of

preparing the nation economically for aggressive war. However, he

continued to be concerned with these institutions of his creation. An

example of this is shown in our Document 1584(I)-PS, already introduced

as Exhibit Number USA-221, which is a teletype sent by Göring to Himmler

in which he requested the latter to place at his disposal as great a

number of concentration camp inmates as possible, as the situation of

air warfare made the subterranean transfer of industry necessary.

In his reply Himmler advised Göring by teletype that a survey on the

employment of prisoners in the aviation industry showed that 36,000 were

being employed for the purposes of the Air Forces and that an increase

to a total of 90,000 prisoners was being contemplated.

Evidence has been introduced as to medical experiments performed on

human beings at the concentration camp at Dachau and the part played by

Field Marshal Milch, State Secretary and deputy to the Defendant Göring

as Air Minister, for whose acts the latter must bear full

responsibility. It is abundantly clear from letters written by Milch to

General Wolff on 20 May 1942 and to Himmler in August 1942, both of

which have been read in evidence at Page 1850 of the record (Volume IV,

Page 204, 205), our Document 343-PS.

Finally, I turn to Göring’s participation in and planning for

elimination of all members of the Jewish race from the economic life of

Germany and in the planned extermination of all Jews from the continent

of Europe.

In 1935 the Defendant Göring, as President of the Reichstag, made a

speech urging that body to pass the infamous Nuremberg race laws. I

offer, as Exhibit Number USA-588, our Document 3458-PS, which is an

excerpt from Rühle, _Das Dritte Reich_, Page 257. Göring said:

“God has created the races. He did not want equality and

therefore we energetically reject any attempt to falsify the

concept of race purity by making it equivalent with racial

equality. We have experienced what it means when a people has to

live in accordance with the laws of an equality that is alien to

its kind and contrary to nature. For this equality does not

exist. We have never acknowledged such an idea and therefore

must reject it also, as a matter of principle, in our laws, and

we must acknowledge that purity of race which nature and

providence have destined.”

Again, to show his official attitude, as revealed on 26 March 1938 in a

speech in Vienna, I offer, as Exhibit Number USA-437, our Document

3460-PS, starting with Page 348. Göring said:

“I must address myself with a serious word to the city of

Vienna. The city of Vienna can no longer rightfully be called a

German city. So many Jews live in this city. Where there are

300,000 Jews, you cannot speak of a German city.

“Vienna must once more become a German city, because it must

perform important tasks for Germany in Germany’s Ostmark. These

tasks lie in the sphere of culture as well as in the sphere of

economics. In neither of them can we, in the long run, put up

with the Jew.

“This, however, should not be attempted by inappropriate

interference and stupid measures but must be done systematically

and carefully. As Delegate for the Four Year Plan, I commission

the Reichsstatthalter in Austria jointly with the

Plenipotentiary of the Reich to consider and take any steps

necessary for the redirection of Jewish commerce, i.e., for the

Aryanization of business and economic life, and to execute this

process in accordance with our laws, legally but inexorably.”

Acting within the framework of economic preparation for aggressive war,

the Nazi conspirators then began the complete elimination of Jews from

economic life preparatory to their physical annihilation. The Defendant

Göring, as head of the Four Year Plan, was in active charge of this

phase of the persecution.

The first step in his campaign was the decree of 26 April 1938,

requiring registration of all Jewish-owned property. Both Göring and the

Defendant Frick signed that law. It is already in evidence.

I beg the Tribunal’s pardon. I would like the Tribunal to take judicial

notice of that decree, which is our Document 1406-PS and cited as 1938

_Reichsgesetzblatt_, Part I, Page 414.

Now, armed with the information thus secured, the Nazi conspirators were

fully prepared to take the next step. The killing of Vom Rath, a German

Legation secretary in Paris on 9 November 1938, was made the pretext for

widespread “spontaneous” riots, which included the looting and burning

of many Jewish synagogues, homes, and shops, all carefully organized and

supervised by the Nazi conspirators. The Defendant Göring was fully

informed of the measures taken. The teletype orders of 10 November 1938

given by Heydrich are already in evidence and were read at Page 1405 of

the record (Volume III, Page 500). A letter which Heydrich wrote to

Göring on the following day has also been read. It is our Document

3058-PS, Exhibit Number USA-508. In it Himmler summarizes the so-called

“spontaneous” riots that had taken place. He reported the day after the

riot that insofar as the official reports from the district police were

concerned he was able to state that 815 shops were destroyed, 171

dwelling houses set on fire or destroyed, and that all this indicates

only a fraction of the actual damage caused, as far as arson is

concerned. He also said that:

“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”—says

Heydrich—“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. . . .

“Twenty thousand Jews were arrested. . . .

“Thirty-six deaths were reported and those seriously injured

were also numbered at 36.”

Immediately after these so-called “spontaneous” riots of 9 November,

Göring acted as chairman of a meeting at the Reich Ministry of Air

devoted to the Jewish question, which also was attended by the Defendant

Funk and other conspirators. The stenographic report on that meeting is

an extraordinary document, and it does not make pretty reading. It is

our Document 1816-PS, which has already been offered as Exhibit Number

USA-261. I should like to read certain passages that have not as yet

been read into the record. I read from the top of first page, the first

two paragraphs of Page 1 of the German original; Göring speaks:

“Gentlemen, today’s meeting is of a decisive nature. I have

received a letter written on the Führer’s order by the

Stabsleiter of the Führer’s deputy, Bormann, requesting that the

Jewish question be now uniformly comprehended and solved one way

or another. And yesterday once again the Führer requested me by

phone to take co-ordinated action, in the matter.

“Since the problem is mainly an economic one, it is from the

economic angle that it will have to be tackled. Naturally a

number of legal measures will have to be taken which fall into

the sphere of the Minister for Justice and into that of the

Minister of the Interior; then certain resulting propaganda

measures shall be taken care of by the office of the Minister

for Propaganda. The Minister of Finance and the Minister for

Economic Affairs shall take care of problems falling into their

respective departments.”

Specific measures to effect the Aryanization of Jewish business were

then discussed. A representative of German insurance companies was

called in to assist in the solving of the difficulties created by the

fact that most of the Jewish stores and other property destroyed in the

rioting were, in fact, insured, in some cases, ultimately by foreign

insurance companies. All present were agreed that it would be

unfortunate to pass a law which would have the effect of allowing

foreign insurance companies to escape liability. The Defendant Göring

then suggested a characteristic solution, and I pass to Page 10. In

German it is the third full paragraph on Page 3/11. Göring said:

“No, I don’t even dream of refunding the insurance companies the

money. The companies are liable. No, the money belongs to the

State. That’s quite clear. That would indeed be a present for

the insurance companies. You made a wonderful _Petitum_ there.

You’ll fulfill your obligations; you may count on that.”

It is superfluous to quote further from the extensive discussion of all

phases of persecution of the Jews that took place at this meeting. It is

sufficient to point out that on the same day the Defendant Göring, over

his own signature, promulgated three decrees putting into effect the

most important matters decided at this meeting. In the first of these

decrees a collective fine of 1 billion Reichsmarks was placed on all

German Jews. I ask the Tribunal to take judicial notice of that decree,

which is our Document 1412-PS and appears in 1938 _Reichsgesetzblatt_,

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 04 · 第 16 / 17 章