4. By suppressing religious publications.

5. By the suppression of religious organizations. In addition, they also

suppressed religious education. This is illustrated by the secret decree

of the Party Chancellery which I just referred to in Document D-75, when

the Defendant Bormann stated:

“No human being would know anything of Christianity if it had

not been drilled into him in his childhood by his pastors. The

so-called “dear God” in no wise gives knowledge of His existence

to young people in advance, but in an astonishing manner, in

spite of His omnipotence, leaves this to the efforts of the

pastors. If, therefore, in the future our youth learns nothing

more of this Christianity, whose doctrines are far below ours,

Christianity will disappear by itself.”

At a subsequent stage in these proceedings, additional documentary

evidence of the acts of the conspirators in their attempt to subvert the

influence of the Christian churches will be offered. At this time I

offer the document book in support of this phase of the case together

with the accompanying brief.

We now come to what might be called the third case history, the

persecution of the Jews. The Nazi conspirators adopted and publicized a

program of ruthless persecution of Jews.

It is not our purpose at this time to present to the Court a full and

complete story, in all its sickening details, of the Nazi conspirators’

plans and acts for the elimination and liquidation of the Jewish

population of Europe. This will be done in due course, at a subsequent

stage of these proceedings, but it is our purpose at this time to bring

before you, as one of the elements in the Nazi scheme for the

consolidation of their control of Germany, the action which was planned

and taken with respect to the Jews within Germany during the pre-war

period.

As a means of implementing their master race policy and as a means of

rallying otherwise discordant elements behind the Nazi banner, the

conspirators adopted and publicized a program of relentless persecution

of Jews. This program was contained in the official, unalterable 25

points of the Nazi Party, of which 6 were devoted to the master race

doctrine. The Defendants Göring, Hess, Rosenberg, Frank, Frick,

Streicher, Funk, Schirach, Bormann, and others, all took prominent parts

in publicizing this program. Upon the Nazis coming into power, this

Party program became the official State program.

The first organized act was the boycott of Jewish enterprises on 1 April

1933. The Defendant Streicher, in a signed statement, admits that he was

in charge of this program only for one day. We, of course, reserve the

right to show additional evidence with respect to that fact. The Nazi

conspirators then embarked upon a legislative program which was gradual

and which dates from 7 April 1933 until September 1935. During this

period a series of laws was passed removing the Jews from civil service,

from the professions and from the schools and military service.

It was clear, however, that the Nazi conspirators had a far more

ambitious program for the Jewish problem and only put off its

realization for reasons of expediency. After the usual propaganda

barrage, in which the speeches and writings of the Defendant Streicher

were most prominent, the Nazi conspirators initiated the second period

of anti-Jewish legislation, namely, from 15 September 1935 to September

1938. In this period the infamous Nuremberg Laws were passed, depriving

the Jews of their rights as citizens, forbidding them to marry Aryans,

and eliminating them from additional professions. In the autumn of 1938

the Nazi conspirators began to put into effect a program of complete

elimination of the Jews from German life. The measures taken were partly

presented as a retaliation against world Jewry in connection with the

killing of a German embassy official in Paris. Unlike the boycott action

in April 1933, when care was taken to avoid extensive violence, an

allegedly spontaneous pogrom was staged and carried out all over

Germany. The legislative measures which followed were discussed and

approved in their final form at a meeting on 12 November 1938 under the

chairmanship of the Defendant Göring, with the participation of the

Defendants Frick and Funk and others. I refer to Document 1816-PS, which

will appear in the document book. The meeting was called following

Hitler’s orders “requesting that the Jewish question be now, once and

for all, coordinated and solved one way or the other.” The participants

agreed on measures to be taken for the elimination of the Jew from

German economy. The laws issued in this period were signed mostly by the

Defendant Göring in his capacity as Deputy of the Four Year Plan, and

were thus strictly connected with the consolidation of control of the

German economy and preparation for aggressive war. These laws obliged

all German Jews to pay a collective fine of 1 billion Reichsmarks;

barred the Jews from trades and crafts; limited movement of Jews to

certain localities and hours; limited the time for the sale or

liquidation of Jewish enterprises; forced Jews to deposit shares and

securities held by them; forbade the sale or acquisition of gold or

precious stones by a Jew; granted landlords the right to give notice to

Jewish tenants before legal expiration of the leases; and forced all

Jews over 6 years of age to wear the Star of David.

In the final period of the anti-Jewish crusade of the Nazi conspirators

within Germany, very few legislative measures were passed. The Jews were

just delivered to the SS, Gestapo, and the various extermination staffs.

The last law dealing with Jews in Germany put them entirely outside the

law and ordered the confiscation by the State of the property of dead

Jews. This law was a weak reflection of a factual situation already in

existence. As Dr. Stuckart, assistant to the Defendant Frick, stated, at

the time:

“The aim of the racial legislation may be regarded as already

achieved and consequently the racial legislation as essentially

closed. It led to the temporary solution of the Jewish problem

and at the same time essentially prepared for the final

solution. Many regulations will lose their practical importance

as Germany approaches the achievement of the final goal on the

Jewish problem.”

Hitler, on January 30, 1939, in a speech before the Reichstag, made the

following prophesy: “The result (of a war) will be the annihilation of

the Jewish race in Europe.”

I will leave to others in this case the task of presenting to the Court

the evidence as to how well that prophesy was fulfilled.

I would now offer to the Court the document book which contains the laws

referred to, with respect to the persecution of the Jews, and the brief

outlining that subject.

THE PRESIDENT: The Tribunal will now adjourn until 10 o’clock tomorrow

morning.

[_The Tribunal adjourned until 23 November 1945 at 1000 hours._]

FOURTH DAY

Friday, 23 November 1945

_Morning Session_

DR. OTTO NELTE (Counsel for Defendant Keitel): Mr. President, you

advised the Defense in yesterday’s session that the Defense should

already at this stage of the Trial raise objections if they believe they

have any against the documentary evidence introduced by the Prosecution.

The Chief Prosecutor introduced in Court yesterday a graphic

presentation concerning the Reich Ministries and other bureaus and

offices at the highest level of the German Government. My client is of

the opinion that this presentation is erroneous in the following

respects which concern his own person:

1. A Reich Defense Council has never existed. The Reich Defense Law,

which provided for a Reich Defense Council in the event of war, has

never been published; a session of a Reich Defense Council has never

taken place. For this reason, the Defendant Keitel was never a member of

a Reich Defense Council.

2. The Secret Cabinet Council which was to be created in accordance with

the law of February 4, 1938, never came into existence. It was never

constituted; it never held a session.

3. The Defendant Keitel never was Reich Minister. Like the

Commanders-in-Chief of the Army and the Navy, he merely had the rank of

a Reich Minister. Consequently, he never was a Minister without

portfolio either. He did not participate in any advisory Cabinet

session.

I should like to ask the Court for its opinion as to whether these

objections may be made the object of an examination at this stage of the

Trial or whether they are to be reserved for a later stage?

THE PRESIDENT: The Tribunal rules that the documents are admissible, but

the defendants can prove at a later stage any matters which are relevant

to the documents. It is not necessary for the defendants to make

objections at this stage. At a later stage they can prove any matters

which are relevant to the weight of the documents.

DR. DIX: May I ask the Tribunal a question?

We have now been able to see, in part, the briefs and documents which

were introduced in court yesterday. In that connection we have

established that some of the documents submitted by the Prosecution

yesterday were not quoted in their entirety, nor were they presented in

substance. My question now is: Shall the contents, the entire contents,

of all the documents which were presented to Court form the basis for

the Court’s decision, even in cases where the Prosecutor who presented

the documents did not refer to their contents?

In other words, must we consider all of the documents presented in

Court—including those the contents of which were not verbally referred

to—as a basis for the judgment and, consequently, should they be

examined with a view to determining whether the defendants wish to raise

any objections?

Finally I wish to ask the Tribunal whether the entire contents of all

the documents which were submitted to the Court yesterday, and which may

possibly be submitted in the future, are to be understood by us as a

basis for judgment even if the Prosecution does not present them word

for word or in substance or refer to them in any other way.

THE PRESIDENT: Every document, when it is put in, becomes a part of the

record and is in evidence before the Tribunal, but it is open to the

defendants to criticize and comment upon any part of the document when

their case is presented.

DR. DIX: Thank you. The question is clarified herewith.

THE PRESIDENT: There are three announcements which I have to make on

behalf of the Tribunal; and the first is this:

That we propose that the Tribunal shall not sit on Saturday morning in

this week, in order that defendants’ counsel may have more time for the

consideration of the documents and arguments, which have been made up to

that time. That is the first matter.

The second matter is that the Tribunal desires that all motions and

applications shall, as far as practicable, be made in writing, both by

the Prosecution and by the Defense. There are occasions, of course, such

as this morning when motions and applications for the purposes of

explanation, are more conveniently made orally, but as far as

practicable, it is the desire of the Tribunal that they shall be made in

writing, both by the Prosecution and by the Defense.

And the other matter is an observation, which the Tribunal desires me to

make to the Prosecution, and to suggest to them that it would be more

convenient to the Tribunal and possibly also to the Defense, that their

briefs and volumes of documents should be presented to the Tribunal

before Counsel speaking begins that branch of the case, so that the

brief and volume of documents should be before the Tribunal whilst

Counsel is addressing the Tribunal upon that branch of the case; and

also that it would be convenient to the Tribunal—if it is convenient to

Counsel for the Prosecution—that he should give a short

explanation—not a prolonged explanation—of the documents, which he is

presenting to the Court, drawing their attention to any passages in the

documents, which he particularly wishes to draw attention to.

I will call upon the Chief Prosecutor for the United States to continue

his address.

COL. STOREY: May it please the Tribunal, yesterday afternoon it appeared

that there was some question about the identification of documents

formally offered in evidence yesterday. Therefore, with the Tribunal’s

permission I should like to offer them by number, formally, so that the

Clerk can get them on his record and may be identified, with Your

Honors’ permission.

The United States—and may I say, Sir, that we offer each one of these

exhibits in evidence, requesting that they be received and filed as

evidence for the United States of America, with the understanding that

Defense Council may later interpose objections. If that is agreeable,

Sir, the first is United States Exhibit Number 1, the affidavit of Major

William H. Coogan, concerning the capture, processing and authentication

of documents, together with Robert G. Storey’s accompanying statement:

United States Exhibit Number 2, being 2903-PS, being the Nazi Party

chart, together with authentication certificates;

United States Exhibit Number 3, 2905-PS, the Nazi State chart, together

with authentication certificates;

United States Exhibit Number 4, 2836-PS, the original statement of

Defendant Göring as to positions held;

United States Exhibit Number 5, Document 2829-PS, the same, concerning

Defendant Ribbentrop. . . .

THE PRESIDENT: Could not all this be done by the General Secretary . . .

the numbering of these documents?

COL. STOREY: Yes, Sir, that is correct. That is agreeable with us, Sir,

but the General Secretary raised the question that it was not in the

record. We have the complete tabulation describing each document by

number, and if it is agreeable with Your Honors, I will offer the

description on this page, correctly describing, by exhibit number, each

one that was offered in evidence yesterday.

THE PRESIDENT: We will authorize the General Secretary to accept the

documents so numbered.

COL. STOREY: Thank you, Sir. The tabulation referred to is set forth in

the following words and figures:

USA-1, Major Coogan’s affidavit with Colonel Storey’s statement;

USA-2, 2903-PS, Nazi Party chart and authenticating papers;

USA-3, 2905-PS, Nazi State chart and authenticating papers;

USA-4, 2836-PS, original statement of Göring’s positions;

USA-5, 2829-PS, original statement of Ribbentrop’s positions;

USA-6, 2851-PS, original statement of Rosenberg’s positions;

USA-7, 2979-PS, original statement of Frank’s positions;

USA-8, 2978-PS, original statement of Frick’s positions;

USA-9, 2975-PS, original statement of Streicher’s positions;

USA-10, 2977-PS, original statement of Funk’s positions;

USA-11, 3021-PS, original statement of Schacht’s positions;

USA-12, 2887-PS, original statement of Dönitz’s positions;

USA-13, 2888-PS, original statement of Raeder’s positions;

USA-14, 2973-PS, original statement of Von Schirach’s positions;

USA-15, 2974-PS, original statement of Sauckel’s positions;

USA-16, 2965-PS, original statement of Jodl’s positions;

USA-17, 2910-PS, original statement of Seyss-Inquart’s positions;

USA-18, 2980-PS, original statement of Speer’s positions;

USA-19, 2972-PS, original statement of Von Neurath’s positions;

USA-20, 2976-PS, original statement of Fritzsche’s positions.

Document books:

USA-A, Common Objectives, Methods, and Doctrines of Conspiracy;

USA-B, The Acquiring of Totalitarian Control over Germany; Political;

First Steps; Control Acquired;

USA-C, Consolidation of Control; (Utilization and Molding of Political

Machinery);

USA-F, Purge of Political Opponents; Terrorization;

USA-G, Destruction of Trade Unions and Acquisition of Control over

Productive Labor Capacity in Germany;

USA-H, Suppression of the Christian Churches in Germany;

USA-I, Adoption and Publication of the Program for Persecution of the

Jews.

May it please the Tribunal, Mr. Justice Jackson called my

attention—while we are offering all of these on behalf of the United

States, naturally they are for the benefit and on the behalf of all the

other nations who are cooperating in this case.

THE PRESIDENT: That is understood.

MAJOR WALLIS: May it please the Court, when we adjourned yesterday

afternoon, I was in the process of developing the various means by which

these conspirators acquired a totalitarian control of Germany. I wish to

continue on that subject this morning, and I will first discuss the

reshaping of education and the training of youth; and in accordance with

Your Honors’ suggestion, I offer the document book, United States

Exhibit D, and would call to the Court’s attention that this book

contains translations of the documents which we rely upon with respect

to this portion of the case. These documents consist of German writings,

German speeches of the defendants and other Nazi leaders, and are

matters that we suggest are clearly within the purview of judicial

notice of the Court. And in the brief which is offered for the

assistance of the Court in connection with this subject, the exact

portions of the documents which are desired to be brought to the

attention of the Tribunal are set forth either by quotation from the

documents, or by reference to the specific page number of the documents.

Meanwhile, during this entire pre-war period, the nation was being

prepared psychologically for war, and one of the most important steps

was the reshaping of the educational system so as to educate the German

youth to be amenable to their will. Hitler publicly announced this

purpose in November 1933, and I am quoting from Document 2455-PS. He

said:

“When an opponent declares, ‘I will not come over to your side,

and you will not get me on your side’, I calmly say, ‘Your child

belongs to me already. A people lives forever. What are you? You

will pass on. Your descendants, however, now stand in the new

camps. In a short time they will know nothing else but this new

community’.”

He further said in May 1937, and I refer to Document Number 2454-PS:

“This new Reich will give its youth to no one, but will itself

take youth and give to youth its education and its own

upbringing.”

The first steps taken in making the German schools the tools of the Nazi

educational system were two decrees in May 1934, whereby the Reich

Ministry of Education was established and the control of education by

local authorities was replaced by the absolute authority of the Reich in

all educational matters. These decrees are set out in Documents 2078-PS,

2088-PS, 2392-PS. Thereafter, the curricula and organization of the

German schools and universities were modified by a series of decrees in

order to make these schools effective instruments for the teaching of

Nazi doctrines.

The Civil Service Law of 1933, which was presented in evidence

yesterday, made it possible for the Nazi conspirators to re-examine

thoroughly all German teachers and to remove all “harmful and unworthy

elements”, harmful and unworthy in the Nazi opinion. Many teachers and

professors, mostly Jews, were dismissed and were replaced with

State-spirited teachers. All teachers were required to belong to the

National Socialist Teachers’ League, which organization was charged with

the training of all teachers in the theories and doctrines of the NSDAP.

This is set forth in Document 2452-PS. The Führerprinzip was introduced

into the schools and universities. I refer to Document 2393-PS.

In addition, the Nazi conspirators supplemented the school system by

training the youth through the Hitler Jugend. The law of the Hitler

Jugend, which is set forth in Document 1392-PS, states:

“The German youth, besides being reared within the family and

school, shall be educated physically, intellectually, and

morally in the spirit of National Socialism to serve the people

and community through the Hitler Youth.”

In 1925 the Hitler Youth was officially recognized by the Nazi Party and

became a junior branch of the SA. In 1931 the Defendant Schirach was

appointed Reich Youth Leader of the NSDAP with the rank of SA

Gruppenführer. I refer to Document 1458-PS. In June 1933 the Defendant

Schirach was appointed Youth Leader of the German Reich. I refer to the

same document, 1458-PS. In that same month, on orders of the Defendant

Schirach, the Nazi conspirators destroyed or took over all other youth

organizations. This was accomplished by force in the first instance. The

Defendant Schirach, by decree dated 22 June, 1933—I refer to Document

2229-PS—dissolved the Reich Committee of the German Youth Associations

and took over their property. By similar decrees, all of which are set

forth in the document book, all the youth organizations of Germany were

destroyed. Then the Nazi conspirators made membership in the Hitler

Jugend compulsory. I refer to Document 1392-PS.

The Hitler Jugend from its inception had been a formation of the Nazi

Party. By virtue of the 1936 Youth Law, making membership compulsory, it

became an agency of the Reich Government while still retaining its

position as a formation of the Nazi Party. This is set forth in Document

1392-PS. By 1940 membership in the Hitler Jugend was over seven million.

I refer you to Document 2435-PS. Through the Hitler Jugend the Nazi

conspirators imbued the youth with Nazi ideology. The master race

doctrine and anti-Semitism, including physical attack on the Jews, were

systematically taught in the training program. I refer you to Document

2436-PS. The Hitler Jugend indoctrinated the youth with the idea that

war is a noble activity. I refer to Document 1458-PS. One of the most

important functions of the Hitler Jugend was to prepare the youth for

membership in the Party and its formations. The Hitler Jugend was the

agency used for extensive pre-military and military training of youth. I

refer to Document 1850-PS. In addition to general military training,

special training was given in special formations. These included flying

units, naval units, motorized units, signal units, et cetera.

The full details with the accompanying documents of the methods used by

the Nazi conspirators in reshaping the educational system and

supplementing it with the Hitler Jugend so as to educate the German

youth to be amenable to the Nazi will and prepare youth for war are set

forth in the document book which has been offered, and in the

accompanying briefs.

Now I would like to direct your attention to the weapon of propaganda

that was used during this period, and for this purpose I offer United

States Exhibit Number E with the accompanying brief. This document book

and the briefs which accompany it. . . .

THE PRESIDENT: Have any copies of these documents been provided for the

Defense Counsel?

COL. STOREY: I understand, Sir, they have been sent to the Defendants’

Information Center. I may say, Sir, that with tomorrow we will have them

in advance to everybody, including the Court and the Defense Counsel.

THE PRESIDENT: Very well.

MAJOR WALLIS: This document book and the accompanying brief is entitled

“Propaganda Censorship and Supervision of Cultural Activities.”

During this period one of the strongest weapons of the conspirators was

propaganda. From the outset they appreciated the urgency of the task of

inculcating the German masses with the National Socialist principles and

ideology. The early utterances of Hitler and his fellow conspirators

evidenced full recognition of the fact that their power could endure

only if it rested on general acceptance of their political and social

views.

Immediately following their accession to power, the Nazi conspirators

instituted a determined program for wholesale organization of the masses

by seizing control of all vehicles of public expression. The wide-spread

use of propaganda by the powerful machine thus created became a key

device in establishing control over all phases of the German economy,

public and private. They conceived that the proper function of

propaganda was to prepare the ground psychologically for political

action and military aggression and to guarantee popular support of a

system which was based on a permanent and steadily intensified

application of terror and aggression both in the sphere of domestic

politics and foreign relations.

To attain these objectives, propaganda was used to create specific

thought patterns designed to make the people amenable to the aims and

program of the Nazis and to foster their active participation therein to

the greatest extent possible. The nature of this propaganda is within

the judicial purview of the Court. As Goebbels put it, it was aimed at

“the conquest of the masses.” Its intended effect was the elimination of

all serious resistance in the masses. To achieve this result, as will be

shown later in the evidence, the Nazi conspirators were utterly

unscrupulous in their choice of means, a total disregard of veracity

that presented their case purely from the standpoint of political

expediency and their conception of national self-interest. Inasmuch as

propaganda was the means to an end, “the conquest of the masses,” it

required different strategy at different times, depending on the

objectives issued and pursued by the Nazi conspirators at any given

moment. According to Hitler: “the first task of propaganda is the

gaining of people for the future organization.”

The recruiting of people for enlistment in the Party and supervised

organizations was the primary objective in the years preceding and

immediately following the seizure of power. After the rise to power,

this task was broadened to include the enlistment of the people as a

whole for the active support of the regime and its policies. As the

Reich Propaganda Leader of the Party and Reich Minister for Propaganda,

Goebbels stated:

“Propaganda, the strongest weapon in the conquest of the State, remains

the strongest weapon in the consolidation and building up of the State.”

The methods which they used to control this strongest weapon in the

power of the State are set forth in a chart which I would like to call

to the Court’s attention at this time, and would like to introduce in

evidence as USA Exhibit Number 21.

As you will note from the chart, there were three separate levels of

control within the German Reich. The first level was the Party controls,

which are represented on the chart by the top block. And you will see

that the Party through its Examining Commission controlled the books and

magazines, and issued books and magazines setting forth the ideology of

the Party.

The second block, the Press Leader Division, supervised all publishers,

headed Party newspapers and book publishers.

The third block, Press Chief,—this office controlled the Press

Political Office, the Press Personnel Office, and supervised Party

treatment of the press and treatment of Party affairs in the press.

The center block, the Office of Propaganda Leader, had under its control

not only the press, but exhibits and fairs, speakers’ bureaus, films,

radio, culture, and other means of expression and dissemination of the

ideology of the Party and its purposes.

The next block, Ideology, was devoted exclusively to the ideology of the

Party headed by the Defendant Rosenberg. It supplied all the training

materials, prepared the curricula for the schools, and the

indoctrination of the people into the ideology of the Party. On that

same level is Youth Education, presided over by the Defendant Schirach,

who had under his control the Hitler Jugend; and then there were the

University Students and Teachers Division of the Party controls.

On the next level you have the controls that were exercised by the

State, and reading from left to right you have the Propaganda

Coordination, Foreign Coordination and Cooperation, the radio, which was

under the control of the Defendant Fritzsche, film, literature, the

German press, periodicals, theater, arts, other cultural things, and the

Ministry for Education.

Then, in the last tier, what is known as the corporate controls. These

were under a semi-official control of both the Party and the State.

These are the so-called cultural chambers. Their purpose was to have

full control over the personnel engaged in the various arts and

cultures, and engaged in the preparation and dissemination of news.

First was the press—all reporters and writers belonged to that section.

The next section is the fine arts, music, theater, film, literature,

radio,—then going over into the Educational Branch the organization

which the University teachers, the students and former corps members of

the universities had to belong to.

By means of this vast network of propaganda machinery, the Nazi

conspirators had full control over the expression and dissemination of

all thought, cultural activities, and dissemination of news within the

Reich. Nothing was or could be published in Germany that did not have

the approval, express or implied, of the Party and State. The Defendant

Schacht in his personal notes explains the effect of the killing of a

piece of news in a totalitarian dictatorship. As he states it, it has

never become publicly known that there have been thousands of martyrs in

the Hitler regime. They have all disappeared in the cells or graves of

the concentration camps, without ever having been heard of again; and he

goes on to say, “what is the use of martyrdom in the fight against

terror if it has no chance of becoming known and thus serving as an

example for others.”

THE PRESIDENT: Before you pass from this subject, there is a docket on

the documents which shows that certain documents are missing. What does

that mean? 1708, 2030.

MAJOR WALLIS: Those documents are in the process of being reproduced and

will be furnished to the Court, I hope, before the close of the day,

Sir. They have been added to that book and, as yet, have not been

completed in their process of reproduction.

THE PRESIDENT: Thank you. Have they been translated?

MAJOR WALLIS: Yes, Sir, they have been translated, and the translations

are in the process of being reproduced.

THE PRESIDENT: Are the documents in their original form in German?

MAJOR WALLIS: Yes, I believe they are, Sir.

THE PRESIDENT: Very well.

MAJOR WALLIS: I would now like to direct the Court’s attention to the

militarization of Nazi-dominated organizations during this pre-war

period and for that purpose I offer United States Exhibit Number J,

which consists of a document book with English translations, and I

present to the Court also a brief which accompanies this portion of the

case.

Throughout this pre-war period, and while the Nazi conspirators were

achieving and consolidating their totalitarian control of Germany, they

did not lose sight of their main objective—aggressive war. Accordingly,

they placed a considerable number of their dominated organizations on a

progressively militarized footing, with a view to the rapid

transformation of these organizations whenever necessary, as instruments

of war. These organizations were the SS, the SA, the Hitler Jugend, the

NSKK (or National Socialist Motor Corps), the NSFK (which is the

National Socialist Aviation Corps), the RAD (which is the Reich Labor

Service), and the OT (which is the Todt Organization).

The manner in which the militarization was accomplished is detailed in

part in the documents, which have been presented to the Court and will

be detailed further when the particular organizations are taken up and

discussed and their criminality established at subsequent stages in the

case. At this time, I would like to call the Court’s attention to a

chart, and while the chart is physically being placed on the board, I

would offer United States Exhibit Number 22, which is Document 2833-PS

and is a reproduction of Page 15 of the book entitled, _History of the

Nazi Party_. You will note that on the left lower corner of the chart

placed on the board, there are some papers attached. The top paper is an

affidavit which reads as follows: “I certify that the above enlargement

is a true and correct copy prepared under my direct supervision, of

Document Number 2833-PS, Page 15 of the book entitled _History of the

Party_,” and you will note that underneath is a second paper and this

affidavit states it is a correct photographic copy, which appears in the

left-hand corner of the panel. This affidavit is signed by David

Zablodowsky, sworn to and subscribed the 23rd day of November 1945 at

Nuremberg, Germany, before James H. Johnson, First Lieutenant, Office of

the United States Chief of Counsel.

This chart visualizes, as vividly as possible, just how this

militarization took place in Germany. The chart is entitled, “The

Organic Incorporation of German Nationals into the National Socialist

System, and the Way to Political Leadership.”

Starting at the bottom of the chart, you see the young folk, between the

ages of 10 and 14. The arrows point both right and left. The arrow to

the right is the Adolf Hitler School, for youth between the ages of 12

and 18. Both from the school and from the young folk, they proceed to

the Hitler Jugend. At 18 years of age, they graduate from the Hitler

Jugend into the various Party formations, the SA, the SS, the NSKK, the

NSFK. At the age of 20, they continue from these Party formations into

the Labor Front, and from the Labor Front, after they have served their

period of time there, back again to the Party formations, of the SA, the

SS, NSKK, NSFK, until they reach the age of 21. Then they proceed into

the Army, serve in the Army from the ages of 21 to 23, and then back

again into the Party formations of SA, SS, et cetera.

And then from that group, the select move up to be Political Leaders

(Leiter) of the Nazi Party, and from that group are selected the cream

of the crop who go to the Nazi Party Special Schools and from these

schools, as is represented on the top of the chart, graduate the

political Führer of the people.

I would emphasize again to the Court that this chart is not anything

that was prepared by Counsel in this case. It was prepared by the Nazi

Party people and it comes from their own history.

Thus, by the end of the pre-war period, the Nazi conspirators had

achieved one of the first major steps in their grand conspiracy. All

phases of German life were dominated by Nazi doctrine and practice and

mobilized for the accomplishment of their militant aims. The extent to

which this was accomplished can be no better expressed than in the words

of Hitler when he spoke to the Reichstag on 20 February 1938. I refer to

Document 2715-PS. He said:

“Only now have we succeeded in setting before us the great tasks

and in possessing the material things which are the

prerequisites for the realization of great creative plans in all

fields of our national existence. Thus, National Socialism has

made up with a few years for what centuries before it had

omitted. . . . National Socialism has given the German people

that leadership which as Party not only mobilizes the nation but

also organizes it, so that on the basis of the natural principle

of selection, the continuance of a stable political leadership

is safeguarded forever. . . . National Socialism possesses

Germany entirely and completely since the day when, 5 years ago,

I left the house in Wilhelmsplatz as Reich Chancellor. There is

no institution in this state which is not National Socialist.

Above all, however, the National Socialist Party in these 5

years not only has made the nation National Socialist, but also

has given itself the perfect organizational structure which

guarantees its permanence for all future. The greatest guarantee

of the National Socialist revolution lies in the complete

domination of the Reich and all its institutions and

organizations, internally and externally, by the National

Socialist Party. Its protection against the world abroad,

however, lies in its new National Socialist armed forces. . . .

“In this Reich, anybody who has a responsible position is a

National Socialist. . . . Every institution of this Reich is

under the orders of the supreme political leadership. . . . The

Party leads the Reich politically, the Armed Forces defend it

militarily. . . . There is nobody in any responsible position in

this state who doubts that I am the authorized leader of the

Reich.”

Thus spoke Adolf Hitler at the end of this period on the 20th of

February 1938.

COL. STOREY: If the Tribunal please. . . .

DR. ALFRED SEIDL (Counsel for Defendant Frank): Mr. President, may I

make a few short remarks in this connection? The defendants were given,

along with the Indictment, a list of the documents. This list contains

the following preamble:

“Each of the defendants is hereby informed that the Prosecution

will use some or all of the documents listed in the appendix in

order to corroborate the points enumerated in the Indictment.”

Now, the Chief Prosecutor introduced in court this morning about 12

documents and a scrutiny of that list revealed that not a single one of

the documents is mentioned. Thus, already now, at the very beginning of

the Trial, we are confronted with the fact that not only are documents

presented to the Court without the defendant being acquainted with their

contents, but that documents are being used as documentary evidence

which are not even listed.

Not a single one of these documents is mentioned in the list and I must

confess that an adequate defense is altogether impossible under these

circumstances. I therefore move:

1. That the Tribunal direct the Prosecution to submit a list of all

documents which will be placed before the Court during examination;

2. To instruct the Prosecution to make available to the defendants and

their counsel—at the latest on the day when documents are being

presented to the Court—a copy of the German text; and

3. That the main proceedings be suspended until the Prosecution is in a

position to comply with these requests. Otherwise, I, at least, will not

be able to proceed with the defense.

THE PRESIDENT: Colonel Storey, or Counsel for the Prosecution, will you

say what answer you have to make to this objection?

COL. STOREY: If the Tribunal please, in the first place practically

every document referred to by Major Wallis is a document of which the

Court would take judicial knowledge. In the second place, a list of

documents was filed in the Defense Information Center on November 1st. I

am not sure as to whether all of these or a part of them were included.

In the third place each attorney presenting each segment of the case

sends down to the Defense Information Center a list of the documents

which he proposes to offer in evidence upon his presentation. In the

fourth place, I wonder if the Tribunal and Defense Counsel realize the

physical problems that are imposed? I am informed that copies of these

documents in English, as well as copies of the briefs, were delivered

either last night or this morning in defendants’ Information Center.

Lastly, other presentations that follow—we will abide by the Tribunal’s

request: namely, that prior to the presentation the Court will be

furnished with these document books, with these briefs, and Defense

Counsel will also be furnished with them in advance. The weekend will

permit us to do that.

THE PRESIDENT: The Tribunal thinks that the Trial must now continue

without any adjournment, but that in future as soon as possible the

Defendants’ Counsel will be furnished with copies of the documents which

are to be put in evidence.

DR. ROBERT SERVATIUS (Counsel for Defendant Sauckel): I should like to

present the following: The documents are presented to the Court also in

an English translation. An examination of these translations should be

made available to the Defense. I point out particularly that the

translation of technical terms could possibly lead to misunderstandings.

Moreover, the documents are provided with an introductory remark and a

table of contents. The Defense should also have opportunity to read

through this table of contents and examine it.

I make the motion that these English translations and their preliminary

remarks be made available to the Defense.

THE PRESIDENT: Colonel Storey, I understood from you that you proposed

to make available to the defendants the trial briefs which contain

certain observations upon the documents put in.

COL. STOREY: That is right, Sir. They have been, are now, and will be

completed during the weekend, and, as I understood Defense Counsel were

willing for the briefs to be furnished in English, and if they want a

translation, there will be German speaking officers in defendants’

Information Center at their service. I understood that was agreeable

yesterday.

THE PRESIDENT: Yes.

COL. STOREY: Now sir, while I am on my feet, and in order to obviate

some misapprehension, for the benefit of Defense Counsel, when we refer

to document numbers as, say, 1850-PS, in many instances that is a

document which is a copy of a citation or a decree in the

_Reichsgesetzblatt_, and, therefore, is not a separate document of ours,

and we have placed in the defendants’ Information Center ample copies

and sets of the _Reichsgesetzblatt_, and I dare say that one-half of the

documents referred to in Major Wallis’ presentation will be found in the

_Reichsgesetzblatt_, and I assure Your Honors that over the weekend we

will do the utmost to explain to Defense Counsel and to make available

to them all information that we have and will do so in the future in

advance.

THE PRESIDENT: Thank you, Colonel Storey. The Tribunal will now adjourn

for 10 minutes.

[_A recess was taken._]

COL. STOREY: If Your Honors please, the next subject to be presented is

the economic preparation for aggressive war, by Mr. Dodd.

MR. THOMAS J. DODD (Executive Trial Counsel for the United States): May

it please the Tribunal, Mr. President and Members of the Tribunal:

In view of the discussions which took place just before the recess

period, I believe it proper for me to inform the Tribunal that the

documents to which I shall make reference,—a list of those documents

has been lodged in the defendants’ Information Center, and, as well,

photostatic copies of the originals have been placed there this morning.

It is my responsibility on behalf of the Chief Prosecutor for the United

States of America to present the proof with reference to the allegations

of the Indictment under Section IV (E), on [A]Page 6 of the English

version of the Indictment, and particularly beginning with the second

paragraph under (E), which is entitled, “The Acquiring of Totalitarian

Control in Germany, Economic, and the Economic Planning and Mobilization

for Aggressive War.”

-----

[A] Page numbers used in references throughout the Proceedings are to

the original documents and do not apply to pagination used in the

present volumes.

-----

The second paragraph:

“2. They used organizations of German business as instruments of

economic mobilization for war.

“3. They directed Germany’s economy towards preparation and

equipment of the military machine. To this end they directed

finance, capital investment, and foreign trade.

“4. The Nazi conspirators, and in particular the industrialists

among them, embarked upon a huge rearmament program, and set out

to produce and develop huge quantities of materials of war and

to create a powerful military potential.”

The fifth paragraph under that same heading (E), and the final one in so

far as my responsibility goes this morning, is that which reads:

“With the object of carrying through the preparation for war the

Nazi conspirators set up a series of administrative agencies and

authorities. For example, in 1936 they established for this

purpose the office of the Four Year Plan with the Defendant

Göring as Plenipotentiary, vesting it with overriding control

over Germany’s economy. Furthermore, on the 28th of August 1939,

immediately before launching their aggression against Poland,

they appointed the Defendant Funk Plenipotentiary for Economics;

and on the 30th of August 1939 they set up the Ministerial

Council for the Defense of the Reich to act as a War Cabinet.”

I will not take the time of this Tribunal to prove what the world

already knows: that the Nazi conspirators rearmed Germany on a vast

scale. I propose to place in evidence the secret records of the plans

and deliberations of the inner councils of the Nazis, which prove that

the reorganization of the German Government, the financial wizardry of

the Defendant Schacht, and the total mobilization of the German economy

largely under the Defendant Schacht, Göring, and Funk, were directed at

a single goal: aggressive war.

I should like to hand to the Court at this point the so-called document

book, which contains the English translation of the original German

document. I do not make an offer at this time of these documents in

evidence, but hand them to the Court for the purpose of easing the task

of the Court in following the discussion concerning these documents. I

might say at this point also that I should like to submit at a little

later date a brief for the assistance of the Court after I have

concluded my remarks before it this morning.

The significance of the economic measures adopted and applied by the

conspirators can, of course, be properly appraised only if they are

placed in the larger social and political context of Nazi Germany. The

economic measures were adopted while the conspirators were, as has

already been shown, directing their vast propaganda apparatus to the

glorification of war. They were adopted while the conspirators were

perverting physical training into training for war. They were adopted

while, as my colleagues will show, these conspirators were threatening

to use force and were planning to use force to achieve their territorial

and political objects. In short, if Your Honors please, these measures

constitute in the field of economics and government administration the

same preparation for aggressive war which dominated every aspect of the

Nazi State.

In 1939 and 1940 after the Nazi aggression upon Poland, Holland,

Belgium, and France it became perfectly clear to the world that the Nazi

conspirators had created probably the greatest instrument of aggression

in history.

That machine was built up almost in its entirety in a period of less

than one decade. In May of 1939 Major General George Thomas, former

Chief of the Military-Economic Staff in the Reich War Ministry, reported

that the German Army had grown from seven Infantry divisions in 1933 to

thirty-nine Infantry divisions, among them four fully motorized and

three mountain divisions, eighteen Corps Headquarters, five Panzer

divisions, twenty-two machine gun battalions. Moreover, General Thomas

stated that the German Navy had greatly expanded by the launching, among

other vessels, of two battleships of 35,000 tons, four heavy cruisers of

10,000 tons, and other warships; further, that the Luftwaffe had grown

to a point where it had a strength of 260,000 men, 21 squadrons,

consisting of 240 echelons, and 33 anti-aircraft batteries.

He likewise reported that out of the few factories permitted by the

Versailles Treaty there had arisen, and I am quoting, if Your Honors

please, from the document bearing our number EC-28, which consists of a

lecture delivered by Major General Thomas on the 24th of May 1939 in the

Nazi Foreign Office. General Thomas said in part—or rather he

reported—that out of the few factories permitted by the Versailles

Treaty there had arisen:

“. . . the mightiest armament industry now existing in the

world. It has attained the performances which in part equal the

German wartime performances and in part even surpass them.

Germany’s crude steel production is today the largest in the

world after America’s. The aluminum production exceeds that of

America and of the other countries of the world very

considerably. The output of our rifle, machine gun, and

artillery factories is at present larger than that of any other

state.”

That quotation, I repeat, was from a document bearing the lettering “EC”

and the number after the dash “28”. It is United States of America

Exhibit 23.

These results—the results which General Thomas spoke about in his

lecture in May of 1939—were achieved only by making preparation for war

the dominating objective of German economy. And, to quote General Thomas

again, he stated:

“History will know only a few examples of cases where a country

has directed, even in peace time, all its economic forces so

deliberately and systematically towards the requirements of war,

as Germany was compelled to do in the period between the two

World Wars.”

That quotation from General Thomas will be found in the document bearing

our Number 2353-PS. It is another quotation from General Thomas, but

from another writing of his.

The task of mobilizing the German economy for aggressive war began

promptly after the Nazi conspirators’ seizure of power. It was entrusted

principally to the Defendants Schacht, Göring, and Funk.

The Defendant Schacht, as is well known, was appointed President of the

Reichsbank in March of 1933 and Minister of Economics in August of 1934.

The world did not know, however, that the responsibility for the

execution of this program was entrusted to the office of the Four Year

Plan under the Defendant Göring.

I should now like to call to Your Honors’ attention a document bearing

the number EC-408, and I should also like to refer at this time to

another document for Your Honors’ attention while I discuss the

material—Number 2261-PS.

And I continue to say that the world did not know, as well, that the

Defendant Schacht was designated Plenipotentiary for the War Economy on

May 21, 1935, with complete control over the German civilian economy for

war production in the Reich Defense Council, established by a top-secret

Hitler decree.

I invite Your Honors’ attention to the Document 2261-PS, which I

referred to a few minutes ago.

The Defendant Schacht recognized that the preparation for war came

before all else for, in a memorandum concerning the problems of

financing rearmament, written on the 3rd of May 1935, he stated that his

comments were based on the assumption that the accomplishment of the

armament program. . . .

THE PRESIDENT [Interposing]: Pardon me, but you referred us to Document

2261.

MR. DODD: Yes, Your Honor.

THE PRESIDENT: But you haven’t read anything from it.

MR. DODD: I did not; I merely referred the Court to it since it. . . .

THE PRESIDENT [Interposing]: It would help us, I think, if, when you

refer to a document, you refer to some particular passage in it.

MR. DODD: Very well.

THE PRESIDENT: I think it must be the middle paragraph in the document:

“The Führer has nominated the President of the Directorate of the

Reichsbank, Dr. Schacht. . . .”

MR. DODD: Yes, that is the paragraph to which I wish to make reference.

If Your Honors please, I refer to the second paragraph, or the middle

paragraph, which states, in a letter dated June 24, 1935 at Berlin:

“The Führer and Reich Chancellor has nominated the President of

the Directorate of the Reichsbank, Dr. Schacht, to be

Plenipotentiary General for the War Economy.”

I might point out, in addition to the second paragraph, the last

paragraph of that letter or the last sentence of the letter, which

reads: “I point out the necessity of strictest secrecy once more”—the

letter being signed, “Von Blomberg.”

Through Schacht’s financial genius monetary measures were devised to

restore German industry to full production; and through the control of

imports and exports, which he devised under his plan of 1934, German

production was channeled in accordance with the requirements of the

German war machine.

I shall, with the Court’s permission, later discuss the details of

documentary proof of this assertion.

In 1936, with an eye to the experience in the first World War, the Nazi

conspirators embarked on an ambitious plan to make Germany completely

self-sufficient in strategic war materials such as rubber, gasoline, and

steel, in a period of 4 years, so that the Nazi conspirators would be

fully prepared for aggressive war. The responsibility for the execution

of this program was entrusted to the office of the Four Year Plan under

the Defendant Göring—and at this point I should like to refer to the

document bearing the number and the lettering EC-408. It is dated the

30th day of December 1936, marked “Secret Command Matter”, and entitled

the “Report Memorandum on the Four Year Plan and Preparation of the War

Economy.”

It sets out that the Führer and Reich Chancellor has conferred powers in

regard to mobilization preparations in the economic field that need

further definition, and in the third paragraph it refers specifically to

Minister President, Generaloberst Göring as Commissioner of the Four

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

18th day of October 1936. The existence of this program involved the

reorganization and control of the whole German economy for war.

Again referring to Major General Thomas—and specifically to our

document marked EC-27—General Thomas, in a lecture on the 28th of

February 1939, made at the Staff instructor’s course, stated:

“The National Socialist State, soon after taking over power,

reorganized the German economy in all sections and directed it

towards a military viewpoint, which had been requested by the

Army for years. Due to the reorganization, agriculture, commerce

and professions become those powerful instruments the Führer

needs for his extensive plans, and we can say today that

Hitler’s mobile politics, as well as the powerful efforts of the

Army and economy, would not have been possible without the

necessary reorganization by the National Socialist Government.

We can now say that the economic organization as a whole

corresponds with the needs, although slight adjustments will

have to be made yet. Those reorganizations made a new system of

economics possible which was necessary in view of our internal

and foreign political situation as well as our financial

problems. The directed economy, as we have it today concerning

agriculture, commerce, and industry, is not only the expression

of the present State principles, but at the same time also the

economy of the country’s defense.”

If Your Honors please, this program was not undertaken in a vacuum; it

was deliberately designed and executed to provide the necessary

instrument of the Nazi conspirators’ plans for aggressive war.

In September of 1934 the Defendant Schacht frankly acknowledged to the

American Ambassador in Berlin that the Hitler Party was absolutely

committed to war, and the people too were ready and willing; and that

quotation is found in Ambassador Dodd’s diary and is document bearing

our Number 2832-PS and United States Exhibit Number 29, particularly on

page 176 of Ambassador Dodd’s diary.

At the same time, the Defendant Schacht promulgated his new plan for the

control of imports and exports in the interest of rearmament. A year

later he was appointed Plenipotentiary for the War Economy by the

top-secret decree referred to a few minutes ago.

In September 1936 the Defendant Göring announced—at a meeting attended

by the Defendant Schacht and others—that Hitler had issued instructions

to the Reich War Minister on the basis that the show-down with Russia is

inevitable, and added that “all measures have to be taken just as if we

were actually in the stage of imminent danger of war.”

I refer the Court to the document bearing the letters EC-416 and

particularly. . . . Before I discuss the quotation I might indicate that

this document is also marked a secret Reich matter in the minutes of the

Cabinet meeting of the 4th of September 1936, at 12 o’clock noon. It

tells who was present: the Defendant Göring, Von Blomberg, the Defendant

Schacht, and others.

And on the second page of that document, in the second paragraph, is

found the quotation by the Defendant Göring. It starts from the basic

thought that:

“The show-down with Russia is inevitable. What Russia has done

in the field of reconstruction we too can do.”

On the third page of that document, in the second paragraph, the

Defendant Göring stated: “All measures have to be taken just as if we

were actually in the stage of imminent danger of war.”

In the same month the office of the Four Year Plan was created with the

mission of making Germany self-sufficient for war in 4 years. I refer

back, at this point, to the Document Number EC-408, and particularly

refer Your Honors to the third paragraph, again, of that document, where

the statement is made as regards the war economy:

“Minister President Generaloberst Göring sees it as his task,

within 4 years, to put the entire economy in a state of

readiness for war.”

The Nazi Government officials provided the leadership in preparing

Germany for war. They received, however, the enthusiastic cooperation of

the German industrialists, and the role played by industrialists in

converting Germany to a war economy is an important one, and I turn

briefly to that aspect of the economic picture.

On the invitation of the Defendant Göring, approximately 25 of the

leading industrialists of Germany, and the Defendant Schacht, attended a

meeting in Berlin on the 20th day of February, 1933. This was shortly

before the election of March 5, 1933 in Germany. At this meeting Hitler

announced the conspirators’ aim to seize totalitarian control over

Germany, to destroy the parliamentary system, to crush all opposition by

force, and to restore the power of the Wehrmacht.

Among those present on that day, in February of 1933 in Berlin, were

Gustav Krupp, head of the huge munitions firm Friedrich Krupp, A.G.;

four leading officials of the I.G. Farben, one of the world’s largest

chemical concerns; present, I repeat, was also the Defendant Schacht,

and Albert Vögler was also there, the head of the huge steel trusts, the

United Steel Works of Germany, and there were other leading

industrialists there.

In support of the assertion with respect to that meeting at that time

and in that place, I refer Your Honors to the document bearing the

number EC-439, it being an affidavit of George von Schnitzler, and it

reads as follows:

“I George von Schnitzler, a member of the Vorstand of I.G.

Farben, make the following deposition under oath:

“At the end of February 1933 four members of the Vorstand of

I.G. Farben, including Dr. Bosch, the head of the Vorstand, and

myself, were asked by the office of the President of the

Reichstag to attend a meeting in his house, the purpose of which

was not given. I do not remember the two other colleagues of

mine who were also invited. I believe the invitation reached me

during one of my business trips to Berlin. I went to the meeting

which was attended by about twenty persons, who I believe were

mostly leading industrialists from the Ruhr.

“Among those present I remember:

“Dr. Schacht, who at that time was not yet head of the

Reichsbank again and not yet Minister of Economics;

“Krupp von Bohlen, who in the beginning of 1933 presided the

Reichsverband der Deutschen Industrie, which later on was

changed in the semi-official organization ‘Reichsgruppe

Industrie’;

“Dr. Albert Vögler, the leading man of the Vereinigte

Stahlwerke;

“Von Loewenfeld from an industrial work in Essen;

“Dr. Stein, head of the Gewerkschaft Auguste Victoria, a mine

which belongs to the I.G. Dr. Stein was an active member of the

Deutsche Volkspartei.

“I remember that Dr. Schacht acted as a kind of host.

“While I had expected the appearance of Göring, Hitler entered

the room, shook hands with everybody and took a seat at the

table. In a long speech he talked mainly about the danger of

communism over which he pretended that he just had won a

decisive victory.

“He then talked about the Bündnis (alliance) into which his

party and the Deutschnationale Volkspartei had entered. This

latter party, in the meantime, had been reorganized by Herr Von

Papen. At the end he came to the point which seemed to me the

purpose of the meeting. Hitler stressed the importance that the

two aforementioned parties should gain the majority in the

coming Reichstag election. Krupp von Bohlen thanked Hitler for

his speech. After Hitler had left the room, Dr. Schacht proposed

to the meeting the raising of an election fund of, as far as I

remember, RM 3 million. The fund should be distributed between

the two ‘allies’ according to their relative strength at the

time being. Dr. Stein suggested that the Deutsche Volkspartei

should be included. . . .”

THE PRESIDENT [Interposing]: Mr. Dodd, it seems to me that really all

that that document shows is that there was a meeting at which Mr.

Schacht was present, and at which it was determined to subscribe an

election fund in 1933.

MR. DODD: That is quite so, Your Honor. I will not labor the Court by

reading all of it. There were some other references, but not of major

importance, in the last paragraph, to a division of the election fund. I

just call Your Honors’ attention to it in passing.

I should like, at this point, to call Your Honors’ attention to the

document bearing the Number D-203. It is three-page document: D-203.

THE PRESIDENT: Yes.

MR. DODD: I wish to read only excerpts from it very briefly. It is the

speech delivered to the industrialists by Hitler, and I refer

particularly to the second paragraph of that document: “Private

enterprise cannot be maintained in the age of democracy. . . .”

THE PRESIDENT [Interposing]: What is the date of that?

MR. DODD: It is the speech made at the meeting on the 20th of February

1933 at Berlin.

THE PRESIDENT: Yes.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 02 · 第 66 / 82 题