I. _The Unfounded Acquittal of Defendant Schacht_

The evidence, submitted to the Tribunal in the case of Schacht,

confirms, the following facts:

a) Schacht established contact with Göring in December 1930 and with

Hitler at the beginning of 1931. He subsequently established contact

between the leadership of the Nazi Party, and the foremost

representatives of the German industrial and financial circles. This, in

particular, is confirmed by the testimony of Witness Severing

(Transcript, Afternoon Session, 23 May 1946; USA-615).

b) In July 1932 Schacht demanded that Von Papen resign his post as Reich

Chancellor in favor of Hitler. This fact is confirmed by Von Papen’s

testimony at the preliminary interrogation and by Schacht’s own

testimony in Court (Transcript, Afternoon Session, 2 May 1946).

c) In November 1932 Schacht collected signatures of German

industrialists, urging them to come out for Hitler’s appointment as

Reich Chancellor. On 12 November 1932 Schacht wrote to Hitler:

“I have no doubt that the way we are directing the course of

events can only lead to your appointment as Reich Chancellor. We

are trying to secure a large number of signatures among the

industrial circles to ensure your appointment to this post.”

(EC-456, USA-773; PS-3901, USA-837)

d) In February 1933 Schacht organized the financing of the pre-election

campaign conducted by the Nazi Party, and demanded at the conference of

Hitler and Göring with the industrialists that the latter provide three

million marks (D-203). Schacht admitted in Court that he had pointed out

the necessity for providing the Nazi leaders with this sum (Transcript,

Afternoon Session, 3 May 1946), while the Defendant Funk and the former

member of the management of “I. G. Farbenindustrie” Schnitzler, who were

present at this conference, both confirmed that it was Schacht who was

the initiator of the financing of the pre-election campaign (Transcript,

4 July 1946; EC-439, USA-618).

e) Utilizing his prestige, Schacht also repeatedly admitted in his

public statements that he asked for the support in the elections of both

the Nazi Party and of Hitler (USA-615; USA-616; Transcript, Afternoon

Session, 2 May 1946).

On 29 August 1932, Schacht wrote to Hitler: “No matter where my

activities lead me in the near future, even if some day you see me

imprisoned in a fortress, you can always depend on me as your loyal

aide” (EC-457, USA-619).

_Thus, Schacht consciously and deliberately supported the Nazi Party and

actively aided in the seizure of power in Germany by the Fascists._ Even

prior to his appointment as Plenipotentiary for War Economy, and

immediately after the seizure of power by the Nazis, Schacht led in

planning and developing the German armaments, as follows:

a) On 17 March 1933, Schacht was appointed President of the Reichsbank

(PS-3021, USA-11), and as he himself stated in a speech before his

Reichsbank colleagues on 21 March 1938, the Reichsbank under his

management was “none other than a National Socialist institution”

(Transcript, Afternoon Session, 3 May 1946).

b) In August 1934, Schacht was appointed Reich Minister of Economy

(PS-3021, USA-11). His Ministry “was given the task of carrying out the

economic preparation for war” (EC-128, USA-623). A special decree

granted Schacht, in his capacity of Reich Minister of Economy, unlimited

authority in the field of economy (_Reichsgesetzblatt_, 1934, Part 1, p.

565).

c) Making use of these powers in 1934 Schacht launched upon the

execution of the “new program” developed by him (_Reichsgesetzblatt_,

1934, Part 1, p. 826), and, as Schacht himself noted in his speech of 29

November 1938, this organization played a tremendous part in the course

of Germany’s rearmament (EC-611, USA-662).

d) For the purpose of the most effective execution of this “new program”

Schacht used the property and means of those political enemies of the

Nazi regime, who either became the victims of terror or were forced to

emigrate (Schacht’s note to Hitler of 3 May 1939; PS-1168, USA-37).

Schacht used swindler’s tactics and coercion in an effort to acquire raw

material and foreign currency for armaments (Affidavit of Vice-President

of the Reichsbank, Puhl; EC-437, USA-624).

e) During the first days of his association with the Reichsbank, Schacht

issued a series of decrees (27 October 1933, 23 March 1934, 19 February

1935), which in the long run helped realize the broad program of the

financing of armaments, developed by him, and with the aid of which, as

he testified, he “had found the way to finance the rearmament program.”

In his speech in Leipzig on 4 March 1935, Schacht, while summing up his

preceding economic and financial activities, announced “. . . everything

that I say and do has the Führer’s full agreement and I shall not do or

say anything which is not approved by the Führer” (Transcript, Afternoon

Session, 3 May 1946).

Having become the Plenipotentiary General for War Economy, Schacht

unified under himself the leadership of the entire German economy and

through his efforts the establishment of the Hitlerite war machine was

accomplished.

a) The secret law of 21 May 1935, which appointed Schacht the

Plenipotentiary General for War Economy, states as follows:

“The task of the Plenipotentiary General for War Economy is to

place all the economic resources in the service of warfare. The

Plenipotentiary General for War Economy within the framework of

his functions is given the right to issue legal orders,

deviating from the existing laws. He is the responsible head for

financing wars through the Reich Ministry and the Reichsbank”

(PS-2261, USA-24).

b) Schacht financed German armaments through the Mefo system of

promissory notes, which was a swindling venture on a national scale that

has no precedent, and the success of which was dependent upon the

realization of the aggressive plans of the Hitlerites. It was because of

this that Schacht set 1942 as the date when the Mefo notes were to

mature, and he pointed out in his speech of 29 November 1938 the

relation between “the daring credit policy” of the Reichsbank and the

aims of the Hitlerite foreign policy (EC-611, USA-622).

c) Having made full use of his plenary powers, Schacht carefully

developed and carried out a broad program of economic mobilization which

allowed the Hitlerite leaders to wage war at any time considered most

favorable. In particular, from the report of Schacht’s deputy, Wohltat,

“the preparation for mobilization carried out by the Plenipotentiary for

War Economy” shows that Schacht provided to the last detail for the

system of exploitation of the German economy in war time, all the way

from the utilization of industrial enterprises, of raw material

resources and manpower down to the distribution of 80,000,000 ration

cards (EC-258, USA-625). It is significant that this report was drawn up

a month after Hitler’s statement at the conference of 5 November 1937,

at which Hitler set forth this concrete plan of aggression (PS-386,

USA-25).

Summarizing his past activity, Schacht wrote in January 1937: “I worked

out the preparation for war in accordance with the principle that the

plan of our war economy must be built in peace time in such a way that

there will be no necessity for any reorganization in case of war”.

Schacht confirmed his statement in court (Transcript, Afternoon Session,

2 May 1946).

Schacht consciously and deliberately prepared Germany for war.

d) The former Minister of War Von Blomberg testified that: “Schacht was

fully cognizant of the plans for development and increase of the German

Armed Forces, since he was constantly informed . . . of all the

financing necessary for the development of the German armed forces”

(USA-838).

On 31 August 1936, Von Blomberg informed Schacht that: “The

establishment of all the Air Force units must be completed by 1 April

1937, and therefore large expenditures must be entailed in 1936 . . . .”

(PS-1301, USA-123).

In the spring of 1937, Schacht participated in the military exercises in

Godesberg (EC-174).

e) In his memorandum to Hitler on 3 May 1935, entitled the “Financing of

Rearmament”, Schacht wrote: “A speedy fulfillment of the program for

rearmament on a mass scale is the basis of German policy, and,

therefore, everything else must be subordinate to this task; the

completion of this task, the achievement of this purpose must meet no

obstacles . . . .” (PS-1168, USA-37).

In his speech on 29 November 1938, Schacht announced that Reichsbank’s

credit policy made it possible for Germany to create an “unsurpassed

machine, and, in turn, this war machine made possible the realization of

the aims of our policy” (EC-611, USA-622).

One must exclude the supposition that Schacht was not informed as to

what purposes these weapons were to serve since he could not but take

into consideration their unprecedented scale and an obvious preference

for offensive types of weapons (heavy tanks, bombers, and so on).

Besides, Schacht knew perfectly well that not a single country intended

to wage war on Germany nor had it any reasons to do so.

a) Schacht utilized the military might growing under his direction to

back Germany’s territorial demands which grew in proportion to the

increase in armaments.

Schacht testified in Court that “at first he confined himself (in his

demands) to the colonies which had once belonged to Germany”

(Transcript, Morning Session, 3 May 1946).

In September 1934, during his talk with the American Ambassador Dodd,

Schacht pointed out that he desired annexation if possible without war,

but through war, if the United States would stay out of it (EC-461,

USA-58).

In 1935, Schacht announced to the American Consul Fuller:

“Colonies are essential to Germany. If it is possible, we shall

acquire them through negotiations, if not, we shall seize them.”

(EC-450, USA-629)

Schacht admitted in Court that military pressure put upon Czechoslovakia

was “in some measure the result and the fruit of his labor” (Transcript,

Morning Session, 3 May 1946).

b) Schacht personally participated in the plunder of private and State

property of the countries which became victims of Hitlerite aggressions.

The minutes of the conference of the Military-Economic Staff on 11 March

1938, in which Schacht participated, state that those present were given

Hitler’s latest directives about the invasion of Austria. Further, the

minutes state: “After this, at the suggestion of Schacht, it was decided

that . . . all the financial accounting will be made in Reichsmarks at

the rate of exchange: two schillings for one Reichsmark” (EC-421,

USA-645).

Schacht admitted in Court that he personally was in charge of the

seizure of the Czechoslovak National Bank after the occupation of

Czechoslovakia (Transcript, Morning Session, 3 May 1946).

c) At the beginning of 1940, Schacht offered Hitler his services for

negotiations with the United States in regard to the discontinuance of

aid to England and he informed Göring of his offer (PS-3700; USA-780).

d) Schacht considered it his duty to greet and congratulate Hitler

publicly after the signing of armistice with France, although Schacht,

better than anyone else, understood the usurpatory nature of the

armistice (German Documentary Film, USA-635).

e) In his letter to Funk on 17 October 1941, Schacht suggested a more

effective exploitation of occupied territory. In this case, too, Schacht

acted on his own initiative (EC-504; USA-830).

Schacht also participated in the persecution of the Jews:

a) He testified in Court that he “agreed to the policy of the

persecution of the Jews as a matter of principle” (Transcript, Afternoon

Session, 2 May 1946) although, he stated, “to a certain extent” it was a

matter of conscience which, however, “was not serious enough to bring

about a break” between him and the Nazis (Transcript, Afternoon Session,

2 May 1946; USA-616).

b) In his capacity of Minister of Economy, Schacht signed a series of

decrees, in accordance with which the property of the Jews in Germany

was subject to plunder with impunity (USA-832; USA-616). Schacht

confirmed in Court the fact that he had signed a series of anti-Semitic

decrees (Transcript, Afternoon Session, 2 May 1946).

As to the reasons for Schacht’s resignation from the post of the

Minister of Economy and the Plenipotentiary General for War Economy in

November 1937, and also from the post of the President of the Reichsbank

on 20 November 1939, and finally from the post of the Minister without

Portfolio in January 1943, the evidence submitted establishes the

following:

a) The reason is not Schacht’s disagreement with the economic

preparation for aggressive wars.

Three weeks before leaving the Ministry of Economy and the post of

Plenipotentiary General for War Economy, Schacht wrote to Göring: “. . .

I also don’t consider that my opinion can differ from yours on economic

policy . . . .” (EC-497, USA-775).

In his reply Göring states:

“. . . You promised me your support and collaboration . . . .

You have repeated this promise many times, even after

differences of opinion began to creep up between us.” (EC-493,

USA-642).

Schacht testified in Court that Göring and he only “differed in matters

of procedure” (Transcript, Morning Session, 3 May 1946).

In the preliminary examination Göring testified that Schacht’s leaving

the Reichsbank “had no relation to the program of rearmament” (USA-648).

The vice-president of the Reichsbank, Puhl, confirmed that Schacht’s

resignation from the Reichsbank can be explained by “his desire to

extricate himself from a dangerous situation” which developed as the

result of Schacht’s own crooked financial operations (EC-438, USA-646).

b) The reason is not Schacht’s disapproval of mass terror conducted by

the Hitlerites.

The witness for the Defense, Gisevius, testified that he constantly

informed Schacht of the criminal actions of the Gestapo, created by

Göring, and that nevertheless, right up to the end of 1936, Schacht

looked for “Göring’s support” (Transcript, Morning Session, 24 April

1946).

In his letter to Von Blomberg on 24 December 1935, Schacht suggested

that the Gestapo apply “more cautious methods” since the open terror of

the Gestapo “hinders the objectives of the armament” (Transcript,

Afternoon Session, 2 May 1946).

On 30 January 1937, Schacht was awarded a golden Party insignia by

Hitler (EC-500; Transcript, Afternoon Session, 2 May 1946). As stated in

an official German publication, “he was able to be of greater help to

the Party than if he were actually a member of the Party” (EC-460,

USA-617).

Only in 1943, having understood earlier than many other Germans, the

inevitability of the failure of the Hitlerite regime, did Schacht

establish contact with the opposition circles, however, doing nothing to

help depose this regime. Therefore, it was not by chance that having

found out these connections of Schacht, Hitler still spared Schacht’s

life.

It is thus indisputably established that:

a) Schacht actively assisted in the seizure of power by the Nazis;

b) During a period of 12 years Schacht closely collaborated with Hitler;

c) Schacht provided the economic and financial basis for the creation of

the Hitlerite military machine;

d) Schacht prepared Germany’s economy for the waging of aggressive wars;

e) Schacht participated in the persecution of Jews and in the plunder of

territories occupied by the Germans.

_Therefore, Schacht’s leading part in the preparation and execution of

the common criminal plan is proved._

The decision to acquit Schacht is in obvious contradiction with existing

evidence.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 01 · 第 192 / 199 题