I now refer to Document 2775-PS, which is No. 330--USA Exhibit No. 330-which is the English translation of certain extracts from Hitler's speeches to the 1934 and 1935 Party Congress at Nurnberg. I quote from the second extract in Document 2775, which is a declaration by Hitler to the 1935 Party Congress, and which reads--just one sentence:
"It is not the State which gives orders to us, it is we who give orders to the State." Leadership Corps, affirming the dominance of the Party over the State, cannot be refuted. massacre of hundreds of SA men and other political opponents. Hitler sought to justify these mass murders by declaring to the Reichstag that "at that hour I was responsible for the fate of the German nation and the supreme judge of the German people." The evidence relating to these events will be presented at a later stage in connection with the case against the SA. murders and the massacre of 30 June 1934, in effect as legitimate, selfdefense by the State. By this law the Reich Cabinet moved to make themselves accessories after the fact of these murders. The domination by the Party, however, makes the cabinet's characterization of these criminal acts by Hitler and his top Party leaders as state measures consistent with political reality. I refer now to Document 2057-PS, which is the English translation of the law Relating to the National Emergency Defense Measures of 3 July 1934, in the Reichsgesetzblatt of that year, Part I, page 529, and I quote the single article of that law, which reads as follows: That is Document 2057. This still has reference to the blood purge:
"The measures taken on 30 June and 1 and 2 July 1934 to counteract attempt at treason and high treason shall be considered as national emergency defense. Academy for German law. I refer to Document 1391-PS, which is an English translation of the Statute of the Academy for German Law, 12 July 1934, 1934 Reichsgesetzblatt, Part I, pages 605 and 6.
THE PRESIDENT: I don't think we caught what number you said.
COL. STOREY: Yes, sir; 1391.
THE PRESIDENT: I beg your pardon?
COL. STOREY: The first paragraph of 1391.
THE PRESIDENT: Yes.
"Closely connected with the agencies competent for legislation, it (the Academy) shall further the realization of the National Socialist program in the realm of the law." the Leadership Corps, was appointed Chancellor of the Reich. When President von Hindenburg died in 1934, the Fuehrer amalgamated to his person the offices of Chancellor and Reich President. I refer to Document 2003-PS, which establishes the fact, and I don't quote. It is Reichsgesetzblatt 1934, Part I, page 747. were granted the same protection as those of the State. This law was entitled "Law Concerning Treacherous Acts Against the State and Party and for the Protection of Party Uniforms." This law imposed heavy penalties upon any person making false statements injuring the welfare or prestige of the Nazi Party or its agencies. It authorized the imprisonment of persons making or circulating malicious or baiting statements against leading personalities of the Nazi Party, and it provided punishment by forced labor for the unauthorized wearing of Party uniforms or symbols. I again refer to Document 1393, not quoting, which is the English translation and gives the authority. was made the official flag of the Reich. I refer to Document 2079, which is the English translation of the Reich Flag Law, found in Reichsgesetzblatt 1935, Part I, page 1145. Just the one sentence-- the quotation:
"The Reich and National flag is the swastika flag."
Nazi Party. By law it was made the flag of the State, a recognition that the Party and its corps of political leaders were the sovereign powers in Germany.
the offender had committed "in his eagerness to fight for the National Socialist ideal." I cite Document 1386, which is the English translation of the law concerning amnesty, Reichsgesetzblatt 1936, Part I, page 378. the German people, a law was enacted on 1 December 1936 which incorporated the entire German youth within the Hitler Youth, thereby achieving a total mobilization of the German youth. And I cite Document 1392, containing that law, 1936 Reichsgesetzblatt, Part I, page 993. The law further provided that the task of educating the German youth through the Hitler Youth was entrusted to the Reichsleiter of the German youth in the NSDAP. By this law a monopoly control over the entire German youth was placed in the hands of the top official, a Reichsleiter, of the Leadership Corps of the Nazi Party, the Defendant von Schirach. Party, Hitler, issued a decree in which he took over direct command of the whole German armed forces. I cite Document 1915-PS, 1939 Reichsgesetzblatt, Part I, page 111. Hitler says:
"From now on, I take over directly the command of the whole Armed Forces." offices of the Reich President and Chancellorship. In the final result, therefore, Hitler was Supreme Commander of the Armed Farces, the Head of the German State, and the Fuehrer of the Nazi Party. from page 19 of Document 1893-PS:
"The Fuehrer created the National Socialist German Workers' Party. He filled it with his spirit and his will, and with it he conquered the power of the State on 30 January 1933. The Fuehrer's will is supreme in the Party.
"By authority of the law about the Chief of State of the German Reich, dated 1 August 1934, the office of the Reich President has been combined with that of the Reich Chancellery, Consequently, the powers heretofore possessed by the Reich President were transferred to the Fuehrer, Adolf Hitler. Through this law, the conduct of the Party and State has been combined in one hand.
By desire of the Fuehrer, a plebiscite was conducted on this law on 19 August 1934. On this day, the German people chose Adolf Hitler to be their sole leader. He is responsible only to his conscience and to the German nation." in legislation and official appointments and promotions. I cite as proof Document 2100-PS, which is the English translation of a directive concerning the application of the Fuehrer decree relating to the Chief of the Party Chancellery, 1942 Reichsgesetzblatt, Part I, page 35. The decree further provided that such participation should be undertaken exclusively by the Defendant Bormann, Chief of the Party Chancellery and Reichsleiter of the Leadership Corps. The decree provided that the Chief of the Party Chancellery was to take part in the preparation of all laws and decrees issued by Reich authorities, including those issued by the Ministerial Council for Defense of the Reich, and to give his assent to those of the Lander and of the Reich, the Lander being the German State. All communications between the State and Party authorities, unless within one Gau only, were to pass through Bormann's hands. This decree is of crucial importance in demonstrating the ultimate control and responsibility imputable to the Leadership Corps for governmental policy and actions taken in furtherance of the conspiracy. in his capacity as leader of the nation, Supreme Commander of the Armed Forces, Supreme Head of the Government, and as Fuehrer of the Party, his right must be recognized to compel with all means at his disposal, every German, whether soldier, judge, state official, or party official, to fulfill his desire. He demanded that the Reichstag officially recognize this asserted right, and on the 26th of April 1942, the Reichstag issued a decision in which full recognition was given to the rights of the Fuehrer which I have just asserted. I cite Document 1961-PS, which is the English translation of that decision, found in 1942 Reichsgesetzblatt, Part I, page 247. I quote:
"At the proposal of the President of the Reichstag, on its session of 26 April 1942, the greater German Reichstag has approved of the rights which the Fuehrer has postulated in his speech with the following decision:
"There can be no doubt that in the present war, in which the German people is faced with a struggle for its existence or annihilation, the Fuehrer must have all the rights postulated by him which serve to further or achieve victory. Therefore, without being bound by existing legal regulations, in his capacity as Leader of the Nation, Supreme Commander of the Armed Forces, Governmental Chief and Supreme Executive Chief, as Supreme Justice and as Leader of the Party, the Fuehrer must be in a position to force with all means at his disposal every German, if necessary, whether he be a common soldier or officer, low or high, official or judge, leading or subordinate official of the Party, worker or employee, to fulfill his duties. In case of violation of these duties, the Fuehrer is entitled, after conscientious examination, regardless of so-called well-deserved rights, to mete out due punishment and to remove the offender from his post, rank and position without introducing prescribed procedures.
"At the order of the Fuehrer, this decision is hereby made public. Berlin, 26 April 1942." his Germany which constituted the basis for the Prosecution submission that the Leadership Corps of the Nazi Party and its following effectively dominated the State and Government. The core and crux of the matter was stated by Hitler in his speech to the Reichstag on 20 February 1938, when he declared in effect that every institution in Germany was under the direction of the Leadership Corps of the Nazi Party.
I cite as the Prosecution's final exhibit in support of the proposition that the Leadership Corps dominated the German State, with resulting responsibility, Document 2715-PS, which is the book containing Hitler's speech to the Reichstag on the 20th of February, 1938, as reported in "Das Archiv", Volume 47, February 1938, pages 1441 and 1442, and I quote a brief excerpt from Document 2715-PS:
"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, five 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 five years not only has made the nation National Socialist, but also has given itself that perfect organizational structure which guarantees its performance for all the future. The greatest guarantee of the National Socialist revolution lies in the complete domination of the Reich and all of its institutions and organizations, internally and externally, by the National Socialist Party. Its protection against the world abroad, however, lies in the new National Socialist armed forces. In this Reich, anybody who has a responsible position is a National Socialist. Every institution of this Reich is under the 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 this Reich."
German State and Government is pointed out by an article published in this same authoritative magazine, "Der Hoheitstrager", in February, 1939. In this article, which was addressed to all Hoheitstrager, the Leadership Corps is reminded that it has conquered the State and it possesses absolute and total power in Germany. I cite Document 3230-PS, which is the English translation of an article entitled "Fight and Order", and I quote from this article, which trumpets forth in what we might term as accents of Caesarism, the battle call of the Leadership Corps of German life. I quote:
The first word is "Fight? Why do you always talk of fighting? You have conquered the State, and if something does hot please you, then just make a law and regulate if differently. Why must you always talk of fighting? For you have every power. Over what do you fight Outer politically? You have the Wehrmacht. It will wage the fight if fight is required. Inner-politically? You have the law and the police which can change everything which does not agree with you."
THE PRESIDENT: Is this a good time to break off?
COL. STOREY: Yes, sir.
(A recess was taken from 1520-1535)
COLONEL STOREY: In view of the domination of the German State and Government by the Nazi Party and the Leadership Corps thereof, as established by the foregoing and other evidence heretofore recited in the previous trial briefs, it is submitted that the Leadership Corps of the Nazi Party is responsible for the measures, including the legislative enactments, taken by the German State and Government in furtherance of the conspiracy formulated and carried out by the co-conspirators and the organizations charged with the criminality in the present case. Corps. The evidence now to be presented will establish that the membership of the Leadership Corps by their activities entered into a wide variety of acts and measures designed to advance the course of the conspiracy.
The evidence will show that such participation by the Leadership Corps in the conspiracy embraces such measures as anti-Semitic activities, war crimes committed against members of the Allied forces, participation in the forced-labor program, measures to subvert and undermine the Christian religion and persecute the Christian clergy; the plundering and spoliation of cultural and other property in other occupied territories in Europe, participation in plans and measures leading to the initiation and prosecution of aggressive war, and, in general, the wide variety of measures embracing the crimes against the peace, war crimes, and crimes against humanity, as defined and denounced by the Charter.
tion with the participation of the gauleiter and kreisleiter, in what the Nazis describe as the "spontaneous uprising of the people" against the Jews throughout Germany on 9 and 10 November 1938. We did not intend to introduce by diverting from the text any evidence formerly introduced by Major Walsh on the persecution of the Jews, but only to show the connection of a few of the Party officials, in connection with the assassination of an official of the German Embassy in Paris on the 7th of November. presented in connection with the prosecution's evidence and other phases of the case, particularly the persecution of the Jews. I shall therefore limit myself to two documents, and will request the Tribunal to recall that in the teletyped directive from SS-Gruppenfuehrer Heydrich, issued the 10th of November 1938 to all police headquarters and SD districts, all chiefs of the State Police were ordered to contact the political leaders in the Gaue and the Kreiseand to arrange with these high officials in the Leadership Corps the organization of the so-called spontaneous demonstrations against the Jews. this directive a large number of the Jewish shops and business were pillaged and wrecked, synagogues were set on fire, individual Jews were beaten up, and large numbers were taken off to concentration camps. This evidence forcibly illustrates the employment and participation of all the Kreisleiter and Gauleiter in illegal and inhumane measures designed to further the anti-Semitic program which was an original and continuing objective of the Leadership Corps of the Nazi Party. I simply refer again to Exhibit 3051-PS, U. S. Exhibit No. 240, and simply call your Honor's attention to the different political leaders that were named in that document, and I will not attempt to read nor refer to it again.
in evidence -
THE PRESIDENT: Colonel Storey, is it addressed to these various rank in the Leadership Corps?
COLONEL STOREY: Your Honor, I notice on the first page it is addressed -- I am not good in reading German -- but to the State Police, to the SD, and to some other SD officials.
THE PRESIDENT: What has that got to do with the Leadership Corps?
COLONEL STOREY: It has to do with directions to Party officials to take part in these demonstrations. In other words, through certain officials of the Leadership Corps this directive was dispatched and directed.
THE PRESIDENT: Are you sure that State Police and SD aren't any of these rank in the Reich leadership?
COLONEL STOREY: If your Honors will refer to this original chart, this big one, you will notice that the SA, the SS, and several other of the organizations are listed on the left-hand part of that big chart. I think it is in the folder there on your Honor's desk. In other words, a close examination of that directive will show that they were to contact different political leaders in connection with the carrying into effect of this demonstration of the 9th and 10th of November. That is the only purpose for which it is offered. It has been introduced in evidence, but the reason I mention it at this time -
THE PRESIDENT: I can't see that it shows it. It seems to me to be a letter from the Chief of the Security Police to all headquarters and stations of the State Police.
COLONEL STOREY: I don't have the English translation before me at this moment, your Honor.
THE PRESIDENT: Well, go on.
COLONEL STOREY: I now offer in evidence document 3063, U. S. Exhibit 332. This was a report from the Chief Party Judge Buck to the defendant Goering dated the 13th of February 1939 concerning actions taken by the Supreme Party Court for excesses in connection with the demonstrations of the 9th and 10th of November 1938.
I don't believe this, if your Honors please, is in the document book - 3063.
THE PRESIDENT: Yes, it is
COLOMEL STOREY: I beg your pardon. I did not remember whether it was in here. I quote just a brief portion of it:
"When all the synagogues are burned down in one night have been organized by the Party."
I don't have the reference to it
THE TRIBUNAL (Mr. Biddle): What page is that?
COLONEL STOREY: I am sorry, sir, I don't have the reference book.
MR. BIDDLE: Will you see if you can get it?
THE PRESIDENT: On page one. Don't you have the document before you?
COLONEL STOREY: I gave the German text over there, sir. "When all the synagogues are burned down in one night it must have been organized in some way, and can only have been organized by the Party." The first paragraph, page seven. The members of the Leadership Corps of the Nazi Party participated in and share the responsibility for the murder, beating, and ill-treatment of Allied airmen who landed in German or German-controlled territory. Many Allied airmen who hailed out of disabled planes over Germany were not treated as prisoners of war, but were beaten and murdered by German civilians with the active comdonence, indeed at the instigation of some of the Leadership Corps of the Nazi Party. Such a course of conduct by the Leadership Corps represented a flagrant and deliberate violation by the German Government of its obligations under the Geneva Convention to protect prisoners of war against acts of violence and ill-treatment. which is a list of the Reichsleiter of the Nazi Party appearing in the National Socialist Yearbook of 1943, and by Document 2903, which is this large chart, Heinrich Himmler was the Reichsleiter of the Nazi Party and thus a top official of the Leadership Corps by virtue of his positions as Reichsfuehrer of the SS and Delegate for German Folkdom. I now offer in evidence an original order signed by Himmler, Document R-1110, as U.S.A. E xhibit No. 333.
THE PRESIDENT: Do you mean 110?
COLONEL STOREY:R-110. It is right at the last of the document, if your Honor please.
THE PRESIDENT: Yes.
COLONEL STOREY: And that is an original signed by Himmler himself, and it is dated 10 August 1943, and I quote:
"It is not the task of the police to interfere in clashes between Germans and English and American terror fliers who have bailed out."
police officers, and orally to the in subordinate offivers and to all Gauleiters. As shown in Document 2473, and by the chart, Joseph Goebbels:.
THE PRESIDENT: I was only thinking that the police aren't part of the Leadership Corps, are they?
COLONEL STOREY: But Himmler, if your Honor please, combined the office himself of the Reichsfuhrer of the SA and leader of the German police. He was an officer of the state; he was on officer of the party; and he issued this to officials of the Leadership Corps.
MR. BIDDLE: Then you thought would be that this order of Himmler's would be proof against the 600,000 members that you have spoken of?
COLONEL STOREY: Not against the members, but against the organization as a criminal organization, because from the top they disseminated orders of this type through the channels of the Leadership Corps.
THE PRESIDENT: But that is what I was putting to you, that it was not through the channels of the Leadership Corps, but through the channels of the police.
COLONEL STOREY. But the police, if your Honor please, were connected with the leadership Corps, and Himmler stood at the top of both. It doesn't show on that chart, but it shows on the other big chart, if your Honor please, with reference to Goebbels, who was a top-flight official in the Leadership Corps, the Nazi Party, by virtue of his position as propaganda leader of the Party. appeared an article written by Goebbels, the Reichsleiter for Party propaganda, in which he openly invited the German civilian population to punish allied fliers shot down over Germany. I refer to Document 1676-PS. Document 1676-PS, which is the issue of the Voelkischer Beobnchter containing this article inciting the German people to the commission of war crimes. I now quote:
"It is only possible with the aid of arms to secure the lives of enemy pilats who were shot down during such attacks, for they would otherwise he killed by the sorely tried population.
Who is right here? The murderers who, after their cowardly misdeeds, await a humane treatment on the part of their victims, the victims who wish to defend themselves according to the principle: An eye for an eye, a tooth for a tooth? This question is not hard to answer." following language, and still quoting:
"If seems to us hardly possible and tolerable to use German police and soldiers against the German people when it treats murderers of children as they deserve."
Chief of the Party Chancellory, issued a circular letter on the subject which furnishes indisputable proof that British and American fliers, who were shot down, were lynched by the German population. I offer this circular letter of the Defendant Bormann into evidence, Document 057-PS, U.S.A. Exhibit____it is up towards the top. Have you got the original book. Document 057-PS. had repeatedly shot children, women, peasants, and vehicles when on the highway, Bormann then states as follows in the second paragraph of the English translation. I quote:
"Several instances have occurred where members of the crews of such aircraft, who have bailed out or who have made forced landings, were lynched on the spot immediately after capture by the populance, which was incensed to the highest degree. No police measures or criminal proceedings were invoked against the German civilians who participated in these incidents," that this letter of the Defendant Bormann is distributed through the chain of command of the Leadership Corps of the Nazi Party, expressly mentioning on the distribution list Reichsleiter, Gauleiter, Kreisleiter, and leaders of the incorporated and affiliated organizations of the Party. The defendant Bormann requested in the first paragraph of the second page, which is found in the English translation, that the local group leaders (Orts gruppenleiter) be informed of the contents of his circular letter orally only--by oral means.
The effect of Reichsleiter Bormann's circular letter may be seen in an order dated 25 February 1945, which I now offer in evidence, and it is Exhibit L-154, U.S.A. Exhibit. 325. It is an order from Albert Hoffman, an important member of the Leadership Corps by virtue of his position as Gauleiter and National Defense Commissioner of the Gau Westfalen-South. Document L-154. It is up near the first, and it is addressed to all Country Councillors, mayors, police officials, and to county leaders and country chiefs of the Volksaturm.
The order reads in part, and I quote:
"Fighter bomber pilots who are shot down are not to be protected against the fury of the people. I expect from all police officers that they will refuse to lend their protection to those gangster types. Authorities acting in contradiction to the popular sentiment will have to account to me. All police and gendarmerie officials are to be informed immediately of this, my attitude."
THE PRESIDENT: Who is Hoffman?
COLONEL STOREY: Albert Hoffman was a member of the Leadership Corps by virtue of his position as Gauleiter and National Defense Commissioner of the Gau Westfalen-South. In this connection, if your Honor please, I quote the provisions of the Geneva Convention, 27 July 1927, Article 2, which provides -and I simply ask the court to take judicial knowledge:
"Prisoners of war are in the power of the hostile power, but not of the individuals or corps who have captured them.
"They must at all times be humanely treated and protected, particularly against acts of violence, insults, and public curiosity.
"Measures of reprisal against them are prohibited."
THE PRESIDENT: Is that the 1907-
COLONEL STOREY: 1929, the Geneva Convention dated 27 July 1929, and being Article 2, and it was also ratified by Germany and the United States, It is clear from the foregoing quoted provisions that the Geneva Prisoners of War Convention imposes upon its signatories the strictest obligations to protect its prisoners of war from violence. The evidence just presented shows that the German State violated this provision. The evidence also proves that members of the Leadership Corps of the Nazi Party participated in the conspiracy to incite the German civilian population to take part in these atrocities.
labor. Dr. Ley, addressed 20,000 people attending a session of the Party Congress. The official account of the Party Rally states that the Fuehrer was received with "enthusiastic shouts of exaltation" when he strode through the hall with his deputy, his constant retinue, and several Reichsleiter and Gauleiter. I am referring to Document 2283PS, and it is the Voelkisher Beobachter for 14 September 1936, page 11 which we offer. In his speech, Reichsleiter Ley states that he had been mystified when the Fuehrer ordered him in "mid-April 1933 to take over the trade unions..., since I could not see any connection between my task as Organizational Leader of the Party and my new task," Ley continues by stating that very soon it became clear to him why his responsibilities as Reichsleiter of the Party Organization and Leader of the German Labor Front made logical his selection by the Fuehrer as the man to direct the smashing and dissolution of the free trade unions in Germany; and I quote from the document:
"Very soon.....your decision, my Fuehrer, become clear to the organization of the people; that is to say by the concentration and alignment.
.. My tasks as Reichsleiter of were a completely homogeneous task; in other words, in Organization.
...The German Labor Front was an institution of the Party and was led to it.
The German Labor Front had to be organized regionally.
..according to the same principles as the Party.
That is why trade union and employee and the local section.
.." Reichsleiter Bormann which I introduce as Document 327-PS, U.S.A. Exhibit 338, informing the latter that he had sent a telegram to Gauleiter urging them not to interfere in the liquidation of certain listed companies and banks under his supervision. Rosenberg emphasizes to Bormann that any "delay of liquidation or..independent confiscation of the property by the Gauleiter would impair or destroy an organized plan" for the liquidation of a vast amount of property. Forces delivered a lecture at Munich to the Reichsleiter and Gauleiter. I now refer to Document L-172, previously introduced in evidence as U.S.A. Exhibit 34. The Chief of Staff stated that his object was to give a review of the strategic position at the outset of the fifth year of war; and he stated that he realized that the Political Leaders in the Reich and Gau areas, in view of their burdensome tasks in supporting the German War Effort, were, in need of information he could give. He stated, in part, as follows:
"Reichsleiter Bormann has requested me to give you a review It is in your Gau, after all,...that all the enemy try to find themselves a place among our people.
...Against uncovered account of the state of affairs.
..." and leaders of Party affiliated organizations, by an undated letter of transmittal which is Document 656-PS, U.S.A. Exhibit 339, on the National Socialist Party stationery, signed by Bormann, an order of the Supreme Command of the Wehrmacht, relating to self-defense by German guard personnel and German contractors and workers against prisoners of war. The order of the Wehrmacht referred to states that the question of treatment of prisoners of war is continually being discussed by Wehrmacht and Party bureaus. The order states that should prisoners of war refuse to obey orders to work, the guards have "in the case of the most pressing need and danger the right to force obedience with the weapon if he has no other means. He can use the weapon as much as is necessary to attain his goal Occupied Eastern Territories, in a letter to Reich Youth Leader Axmann, proposed that the Hitler Youth participate in and supervise the military education of the Estonian and Latvian Youth. I now offer in evidence Document 347-PS, U.S.A. Exhibit 340. Lohse states in the above letter that "in the military education camps, the young Latvians are trained under Latvian leaders in the Latvian language not because this is our ideal, but because absolute military necessity demands this." Lohse further stated in the above letter that: