THE PRESIDENT: Will you give me the place where the 25 points are set out?
Have you got a reference to that?
COLONEL STOREY: Yes, Sir; it appears in Document 1708-PS, in
THE PRESIDENT: Thank your.
COLONEL STOREY: And I believe we referred to it yesterday.
THE PRESIDENT: That is sufficient.
COLONEL STOREY: Yes, Sir.
Versailles and St. Germain -- the following acts of the Cabinet in support of this part of the program may be mentioned:
Germany's withdrawal from the League of Nations and the Disarmament Con compulsory military service; 1935, Reichsgesetzblatt, Part I, Pages 369 Now, with reference to Point 4 of the Party, which said:
"Only those who are members of the 'Volk' can be citizens. Only of the 'Volk'. No Jew, therefore, can be a member of the 'Volk'."That is Point 4. Among other Cabinet laws which implement this deprivation of citizenship of these people; 1933, Reichsgesetzblatt, schools and higher institutions of learning; 1933, Reichsgesetzblatt, from the peasantry; 1933, Reichsgestzblatt, Part I, Page 685.
Another one, March 19, 1937, excluding Jews from the Reich Labor Service;
pating in six different types of businesses; 1938, Reichsgesetzblatt, Point 23 of that platform proclaimed:
"We demand legislative action against conscious political lies and their broadcasting through the press."
passed. One of September 22, 1933, which established the Reich Culture Chamber; 1933, Reichsgesetzblatt, Part I, Page 661.
THE PRESIDENT: The use of what?
COLONEL STOREY: Theater; shows. 1934, Reichsgesetzblatt, Part I, THE PRESIDENT:
What is the date of that?
COLONEL STOREY: May 15, 1934.
Indictment. Many of these laws have been referred to previously by the Prosecution.
All the laws I shall refer to and to which I have referred were enacted specifically in the name of the Cabinet.
A typical intro ductory paragraph reads, and I quote:
"The Reich Cabinet has enacted the following law which is hereby promulgated."
In other words, that shows it is a Cabinet law.
THE PRESIDENT: That applies to all the ones you have just given us?
COLONEL STOREY: Yes, sir. That is a typical heading of new parties.
I believe I referred to that yesterday. That is 1933, of Social Democrats and others; 1933, Reichsgesetzblatt, Part I, Page Part I, Page 1016.
In the course of consolidating the control of Germany these laws were enacted, and I give a few illustrations:
21 March 1933, creating special courts. That is in 1933, Reichsgesetzblatt, Part I, Page 136.
Law of the 31st of March 1933 for
THE PRESIDENT: Integration of what?
COLONEL STOREY: 1933, Reichsgesetzblatt, Part I, Page 153.
THE PRESIDENT: Will you repeat that, integration of what?
COLONEL STOREY: Integration of the States -- that servants or civil servants married to non-Aryans:
1933, The law of 24th April, 1934, creating the People's Court, 1934, Reichsgesetzblatt, Part I, page 341.
And that was the same Court Reich:
Reichsgesetzblatt, 1938, Part I, page 258.
acts of terror, which are set forth in Paragraph III (d) 3 (b) of submitted.
I will just refer to a few of these as they are of new Parties and contains a penal clause.
That is found in 1933, Reichsgesetzblatt, Part I, page 479.
Here is one of 20th December.
THE PRESIDENT: You have already given us that one.
COLONEL STOREY: I believe so, yes, Sir.
purge. That is in 1934, Reichsgesetzblatt, Part I, page 529.
Here is the final one I will mentions: 16th September, 1939, Special Court, the members of which were named by Hitler; 1939, Document Book G. I will not refer to them.
Then the laws abolishing collective bargaining.
I have referred to those. I will worked out by the Ministry of the Interior.
This is verified by the work of Dr. Franz A. Medicus, entitled "Ministerial-dirigent," published in 1940.
It is Document 2960-PS, USA Exhibit 406. I would 2960-PS, beginning the first paragraph:
"The work of the Reich Ministry of Interior forms the basis for the three 'Nurnberg Laws' passed by a "The 'Reich Citizenship Law' as well as the 'Law for the protection of German blood and German honor' not only in the field of administration.
The same applies to the 'Reich Flag Law' that gives the use of the flag."
acts and conduct of the conspirators, about whichthe Tribunal has already heard and will hear more, relate to those of August 5, 1940, which imposed a discriminatory tax on Polish workers in Germany; and that is in 1940, Reichsgesetzblatt, Part I, Page 1077. Jews and Poles in eastern occupied countries; 1941 Reichsgesetzblatt, Part I, Page 759. referred to this morning.
Almost immediately upon Hitler's coming into power, the cabinet commenced to implement the Nazi conspiracy to wage aggressive war. Three of the documents that establish this point have already been introduced in evidence. They are EC-177, 2261-PS, and 2194-PS, respectively. Document EC-177, which is USA Exhibit 390, is a long copy of the minutes, and I beg the indulgence of the Tribunal for referring to it again, EC-177 -
THE PRESIDENT: Is it in this book?
COLONEL STOREY: Yes, sir, EC-177.
THE PRESIDENT: Is it after the D's or before the D's?
COLONEL STOREY: Before the D's.
Your Honors, I didn't intend to quote from that. I am simply referring to it as being the minutes of the second session of the working committee of the delegates for Reich Defense, and being signed by the Defendant Keitel. That transmits a copy of a secret, unpublished Defense Law of 21 May 1935, and also a copy of a decision of the Reich Cabinet of the same date in the Council for the defense of the Reich. These have been previously introduced, but they are illustrative laws passed by this Cabinet. Defense Law, 4 September 1938.
(I will skip down to the laws passed by the Reich Defense Council on Page 50, for the record.)
The Reich Defense Council was a creation of the cabinet. On 4 April 1932, it was decided to form that agency. The decision of the Cabinet, atta to Document 2261-PS, which is U.S. Exhibit 24, page 4 of the translation, paragraph 1, proves that fact.
The two secret laws contained in Document 2261, as well as 2194, were passed by the Cabinet; nor was this a case of one group setting up an entirely distinct group to do its dirty work. The cabinet put itself into the picture. This might have been a difficult task to accomplish before the Nazis assumed power - but with the Nazis in control, things could move swiftly, and I now refer again to Document EC-177, but I will not undertake to quote from that (although the quotation is set out here). It is page 5 of the translation and page 8 of that original of EC-177, on the question of security and secrecy, that I think would be pertinent to the criminal nature.
I quote: "Question has been brought up by the Reich Ministries.
maintained very carefully. Communications with the "Main Principle of Security:
No document must be lost, it.
Matters communicated orally cannot be proven;
they can be denied by us in Geneva. Therefore, the the Interior."
I will skip the next reference. I believe I will skip over to the Affidavit of Dr. Frick, on page 60. The Affidavit of Dr. Wilhelm Frick.
THE PRESIDENT: What is that?
COLONEL STOREY: It is Document, if your Honor please, 2186. Document 2186-PS. It is document U.S. Exhibit 409. The original Affidavit, signed by the Defendant Frick. I believe Dr. Frick sums up pretty well how the work was carried on.
"I, Wilhelm Frick, being first duly sworn, depose and say:
the 20 August 1943. Henirich Himmler was my deputy in this capacity. Before the outbreak of the war my task as plenipotentiay for Reich Administration was the preparation of organization in the event of war, such as, for instance, the appointment of liaison men in the different ministries who would keep in touch with me. As Plenipotentiary for Reich Administration, I, together with the Plenipotentiary for Economy and OKW formed what was called a "3-Man College". We also were members of the Reich Defense Council, which was supposed to plan preparations and decrees in case of war, which later on were published by the Ministerial Council for the Defense of the Reich. Since, as soon as the war started, everything had to be done speedily and there would have been no time for planning, such measures and decrees were prepared in advance in case of war. All one then still had to do was to pull out of the drawer the war orders that had been prepared. Later on, after the outbreak of the war, these decrees were enacted by the Ministerial Council for the Defense of the Reich."
Signed and sworn to by Dr. Wilhelm Frick, on the 19th of November, 1945. its own laws, created a large war-planning body - The Reich Defense Council the members of which were taken from the cabinet. Within the council they set up a small working committee, again composed of cabinet members and certain defense officials, a majority of whom were appointed from the cabinet members. To streamline the action, they placed all of its ministries except Air, Propaganda and Foreign Affairs, into the groups headed respectively by the Plenipotentiaries for Economy and Administration, and the OKW, and everything was organized in and for the greatest secrecy. summarize briefly the proof concerning the Reichsregierung. dominant body of influence and leadership below Hitler in the Nazi Government. The three sub-divisions were included in the term "Reichsregierung" in the indictment: the ordinary cabinet, the secret cabinet and the Council of Ministers for the Defense of the Reich. Yet, in reality, there existed only an artificial, illusory boundry between the three.
which was commonly referred to as the Reichsregierung. Government. 17 of the 22 defendants before this Tribunal were integral parts of the ordinary Cabinet. they held in the Reichsregierung.
CONSTANTIN U. K. von NEURATH, Minister of Foreign Affairs, President secret cabinet council and the council of Ministers for the Defense of the Reich, but also the members of the War Planning Group, the Nazi Secret Reich Defense Council. When it was deemed essential for the purposes of the conspiracy to wage aggressive war, that power was concentrated in a few indiv iduals.
Again, these individuals were drawn from the ordinary Cabinet. Thus, the Plenipotentiary for Economy and Administration were also Ministers of the ordinary Cabinet, and they were also members of the Reich Defense Council and Ministerial Council. Cabinet. select group be chosen to act as advisors, the Secret Cabinet was created and populated with members of the ordinary Cabinet. exercised over its legislation by the Deputy of the Fuehrer, Hess, and later, by the Leader of the Party Chancellery, Bormann. Party control was also effected through individual membership of all members and the union of various key cabinet and party positions in one man. As a result of this fusion of the Party and State, an enormous concentration of political power was gathered into the Cabinet.
which the Nazi conspirators established their control of Germany, set forth in Count One of the Indictment, by virtue of which they were enabled to commit the crimes alleged in Counts One, Two, Three and Four of the Indictment. The Cabinet enacted harsh penal laws, discrimanatory laws, confiscatory laws, in violation of the principles of justice and humanity. Decrees enacted by the Ministerial Council during the War, clothed the criminal acts of the Nazi conspirators with a semblance of legality. As an instrument of the Party, the Cabinet effectively implemented the notorious points of the party program. Finally, the Cabinet, almost immediately upon the coming into power of Hitler, became a wa-planning group through its establishment in 1933 of a Reich Defense Council, and its active participation in the schemes and plans for waging aggressive war. foregoing, the Reichsregierung, as definted in Appendix B, page 35, of the Indictment, should be declared a criminal group within the meaning of Article 9 of Section II of the Charter. next subject is the SA.
May it please the Tribunal, I passed up document Book "Y", which contains the English translations of the documents relied upon in this presentation. is the Sturmabteilung, the organization which the world remembers as the "Brown Shirts" or "Storm Troops", the gangsters of the early days of Nazi terrorism. It came to be known in later years as the SA, and I shall refer to it in that manner in the course of my presentation. by the Nazis as the instrument and weapon to effectuate their evil objectives, and it occupied a place of perculiar and significant importance in the scheme of the conspirators.
Unlike some of the other organizations, the functions of the SA were not fixed or static. On the contrary, it was an agency adapted to many designs and purposes; and its role in the conspiracy changed from time to time -- always corresponding with the progression of the conspiracy through its various phases towards the final objective -- abrogation of the Versailles Treaty and acquisition of the territory of other peoples and nations. If we might consider this conspiracy as a pattern, with its various parts fitting together like the pieces of a jig-saw puzzle, we would find that the piece representing the SA constituted a link in the pattern vitally necessary to the presentation and development of the entire picture. unit, having a legal character of its own. This is shown by Document 1725-PS, which is tabbed in the document book, of which the Court will take judicial notice. It's an Ordinance passed in March 1935, Reichsgesetzblatt, Part 1, page 502. It declares that the SA and certain other agencies were thereafter to be considered "components" of the Nazi Party. This Ordinance further provided in Article 5 -- and it's on the second page of the English translation, right after the word "Article 5" - I quote:
"The affiliated organizations can possess their own legal character." SA as an "entity". Document 3220-PS, which I now offer, is an excerpt from the 1943 edition of the Organization Book, page 358 of the original, and I quote from the English translation. It is there declared:
"The Fuehrer prescribes the law of conduct, and commands its use. The Chief of Staff represents the SA as complete entity on the mandate of the Fuehrer."
The evidence which I will discuss in the course of this presentation:
THE PRESIDENT: I thought you were reciting 320.
COLONEL STOREY: 3220, Your Honor.
THE PRESIDENT: Yes. Di you read from that? That begins in my copy
COLONEL STOREY: It's down at the bottom, if Your Honor please, on the first page of the English translation, the second sentence from the bottom, which I have quoted:
"The Fuehrer prescribes the law of conduct, and commands its use. The Chief of Staff represents the SA as a complete entity on the mandate of the Fuehrer."
I'm sure the evidence will demonstrate and characterize the SA as an entity and an organization having a legal character of its own. This evidence will show that while SA was composed of many Individual members, these members acted collectively and cohesively as a unit. They were closely bound and associated together by many common factors, including: uniform membership standards and disciplinary regulations; a common and distinctive uniform; common aims and objectives; common activities, duties, and responsibilities, and -- probably the most important factor of all--a fanatical adherence to the philosophies and ideologies conceived by the Nazi conspirators.
This is partially demonstrated by Document No. 2354-PS, which again is simply an excerpt from the Organization Book of the Nazi Party. It is found on page 7 of the English translation. It provides that membership in the SA was voluntary but that the SA man should withdraw if "he can no longer agree with SA views or if he is not in him as a member of the SA."
activities which he was expected and required to adopt and reflect in his daily life. Cohesion of thought and uniformity of action with respect to such matters was in part obtained by the publication and distribution of a weekly periodical entitled "Der SA-Mann", simply means the SA man. This publication was principally devoted to the creation and fostering of the various aspects of Nazi ideology which constituted the doctrinal motives of many of the conspirators. on the table all of these publications, beginning with the year 1934, up through and including the year 1939, the official weekly newspaper entitled "Der SA-Mann", meaning the SA man, published in Munich, had wide distribution and was on sale at news stands and distributed throughout Germany and occupied countries.
In addition, "Der SA-Mann," served to report upon and document the activities of the SA as an organization, and those of its constituent groups.
I shall have occasion at a later point to refer to certain portions of this publication for the consideration of the Tribunal. demonstrated to the Tribunal by the documents which shall subsequently appear. At this point I may say simply that this proof will show that the SA developed from scattered bands of street ruffians to a well-knit cohesive unit organized on a military basis, with military training and military functions, and, above all, with an aggressive, militaristic and warlike spirit and philosophy. The organization extended throughout the entire Reich territory and was organized vertically into local groups and divisions. Horizontally, there were special units including military, cavalry, communications, engineer, and medical units. Your Honor will observe the chart that I Will introduce officially a little later on the wall. Coordination of these various groups and branches was strictly maintained by the SA Headquarters and operational offices, and those offices were located in Munich. consists of its significant and peculiar relationship and affiliation with the Nazi Party and the principal conspirators. conspirators constitutes important and convincing evidence of their joint participation in an established conspiracy; and this principle is particularly applicable because the affiliation between the SA and the Nazi leaders was closely maintained and adhered to and was adopted to the purpose of enabling the conspirators to employ the SA for any use or activity which might be necessary in the course of effectuating the objectives of the conspiracy. himself, in the year 1921 at the very inception of the conspiracy. conspiracy, delegating the responsibility for its leadership to a Chief of Staff.
Hitler, in fact, was often known throughout Germany as Osaf, or Oberster SA Fuehrer, or translated, meaning the highest SA Fuehrer. a close affiliation with it throughout the course of the conspiracy. SA and was a leader of an SA group in Munich. held a position of Obergruppenfuehrer in the SA, a position corresponding to the rank of Lieutenant-General; and the Defendant Bormann was a member of the Staff of the SA High Command.
demonstrated by the fact that the Hoheitstraeger of the Nazi Leadership Corps were authorized to call upon the SA for assistance in carrying out particular phases of the Party program. This was established yesterday by Document 1893-PS, which your Honors will recall I quoted from a number of times in connection with the presentation of the Leadership Corps. It was declared in that excerpt, page 11 of the English translation, as your Honors will recall, that the Hoheitstraeger were empowered to call upon the SA for the execution of political missions connected with the movement. This responsibility of the SA to the Party is also shown by Document 2383-PS, which is an ordinance for the execution of the Hitler decree, which I now offer in evidence as U.S.A. Exhibit 410. I quote from page 3 of the English translation.
THE PRESIDENT: What is the PS number?
COL. STOREY: 2383. If your Honors will turn to page 3 of the English translation, it is the third and fourth paragraphs on page 3 -it is the fourth paragraph, I beg your pardon.
"The formations of the NSDAP, with exception of the SS, for whom special provisions apply, are subordinated to the sovereign bearer (Hoheitstraeger) politically and in respect to commitments. Responsibility for the leadership of the units rests in the hands of the unit leader." in the Leadership Corps presentation, that the SA was used in the seizure of trade union properties. Party by participating in various ways in election proceedings. This is shown in Document 2168-PS, which is a pamphlet entitled "The SA", which is U.S.A. Exhibit 411, and this pamphlet depicts the history and general activities of the SA, written by an SA Sturmfuehrer named Bayer, upon orders from SA Headquarters. In that pamphlet, and I quote on page 4 of the English translation, down towards the bottom of the page, the last paragraph, beginning on line 3:
"At the foremost front the labor and struggle of the SA was not in vain. They stood at the foremost front of election fights."
THE PRESIDENT: I am sorry, will you tell me which page?
COL. STOREY: It is page 4 of the English translation, I beg your pardon, Document 2168, down at the last paragraph, if your Honor please, beginning at the third line:
"The labor and the struggle of the SA was not in vain. They stood at the foremost front of election fights." leadership of the SA as the Supreme SA Fuehrer. He himself guided his SA in the fateful election fight of the year 1930. in the activities of the SA is to be found in these five bound volumes, which consist of the issues of the SA newspaper, "Der SA-Mann", from the year 1934 to 1939 inclusive, and I should like, at this time, to ask that each of these bound volumes be marked for identification because each of them will be referred to from time to time during this presentation. They will begin with U.S.A. Exhibit 414, 415, 416, 417 and 418 and they are referred to by appropriate document numbers, which I will refer to when the quoted portions come in the English translation. participation of Nazi leaders in SA activities. I should like, at this time, to describe a few of the photographs and I will indicate the page numbers upon which they appear. should like, at this time, to exhibit to the Tribunal and pass into evidence, one of the photographs appearing in the January 1937 issue, and it is a photograph of Goering at the ceremonies held upon the occasion of his being made Obergruppenfuehrer of the Feldherrnhalle Regiment of the SA, on the 23 of January, 1937; and we offer in evidence the photograph and the page of the newspaper. We will pass it up to your Honors if you would like to see it. We offer it in evidence. Regiment of the SA in parade on the 18 of September, 1937, shown at page 3. The other photograph was at page 23 of the January 1937 edition of the SA.
that appear. Here is a photograph of Hitler greeting Huhnlein, bearing the captions: "The Fuehrer Greets Corps Fuehrer Huhnlein at the opening of the International Automobile Fair - 1935." That is dated the 23 of March 1935, at page 6. Fuehrer of the NSKK and Lutze, who was Chief of Staff of the SA, bearing the caption "They lead the soldiers of National Socialism", on the 15 of June, 1935, page 1. battle flag, and the picture bears the caption, "As in the fighting years the Fuehrer, on Party Day of Freedom, dedicates the new regiments with the Blood Banner"; 21 September, 1935, page 4.
I pass on. Here is a photograph of Goering in the SA uniform, reviewing SA marching troops, under the caption, "Honor Day of the SA", 21 September, 1935, page 3.
THE PRESIDENT: Colonel Storey, is there any doubt that Hitler and Goering were members of the SA?
COL. STOREY: No, sir, but the purpose in showing those photographs, if your Honor please, was to show the military character of the SA.
If there is no question about it and it is cumulative, then I will pass on. German Government, but affiliation between the SA and the Nazi leaders was continued after the acquisition by the Nazis of the control of the German State. The importance of the SA in connection with the Nazi Government and control of Germany is shown by the law of December 1, 1933. I have already referred to that, that is the union of party and State. However, there is one paragraph that has not been quoted before, if your Honor please, and I would like to call your Honor's attention to it. It is our Document 1395-PS, and it appears in the English translation on page 1 and I quote Article 2.
"The Deputy of the Fuehrer and the Chief of Staff of SA become members of the Reich Government in order to insure close cooperation of the offices of the Party and SA with the public authorities. will simply refer to it; that is 2383, page 11, the last paragraph: Party and State offices must support the SA in this training effort and evaluate the certificate of possession of the SA defense insignia accordingly. is shown by the so-called "Roehm Purge" of June 1934. Evidence concerning this matter is to be found in the Voolkischer Beobachter of 1 July, 1934, at page 1. I will not quote from that. responsible for the development of the SA into a powerful organization with definite programs and objectives. to him. But when his policies conflicted with those of the Nazi leaders, he was removed and murdered, and was replaced by Victor Lutze. This drastic action was accomplished without revolt or dissension in the ranks of the SA, and with no change in the objectives or program of the organization.