"I pledge eternal allegiance to Adolf Hitler.
the Fuehrers appointed by him." The Party Manual also provides that, "The Political Leader is inseparably tied to the expulsion from the National Socialist Community."
publications:
"Leadership principle in the administration means:
realization of the decision to these below." in the Fuehrer Prinzip implies: The authority of the Fuehrer extends into all spheres of public and private life. Totalitarianism which implies the following: The authority of the Fuehrer, his appointees and, through them, of the Party as a whole, extends into all spheres of public and private life.
ing to accept the leadership of the Fuehrer.
As the Party manual states:
"Only those organizations can lay claim to the institution of the leadership principle and to the National Socialist meaning of the State and people in the National Socialist meaning of the term, which...have been integrated into, supervised and formed by the Party and which, in the future, will continue to do so."
The Manual goes on to state:
"All others which conduct an organizational life of their own are to be rejected as outsiders and will either have to adjust themselves or disappear from public life." the state and allied organizations are fully set forth in the brief and accompanying documents, which will be offered in evidence. make the German people amenable to their will and aims was the doctrine that war was a noble and necessary activity of Germans. The purpose of this doctrine was well expressed by Hitler in Mein Kampf when he said:
"The question of restoration of German power is not a question of how to fabricate arms, but a question of how to create the spirit which makes a people capable of bearing arms. If this spirit dominates a people, the will finds a thousand ways to secure weapons."
Hitler's writings and public utterances are replete with declarations rationalizing the use of force and glorifying war. The following is typical, when he said:
"Always before God and the world, the stronger has the right to carry through his will. History proves it! He who has no might has no use for might." tion of war played a major part in the education of the German youth of the pre-war era.
and their Doctrinal techniques. I also have for the assistance of the court and defense counsel, briefs which make the argument part of these documents.
The first attempt to acquire political control was by force. In fact at no time during this period did the Party participate in any electoral campaigns, nor did it see fit to collaborate with other political groups and parties.
THE PRESIDENT: Major Wallace, have you got copies of these for defendants' counsel?
MAJOR WALLACE: In Room 54.
THE PRESIDENT: Well, they will be wanting to follow them now.
MAJOR WALLACE: Mr. President, my remarks, with which I am proceeding, will cover an entirely different subject that in the briefs before you. The briefs cover what I have already said, Sir.
THE PRESIDENT: Are you depositing a copy of these briefs for each of the defendant's counsel?
MAJOR WALLACE: I am informed, if your Honor pleases, that the same procedure has been followed with respect to these briefs as has been followed with respect to the documents, namely, a total of six has been made available to the defendants in Room 54.
THE PRESIDENT: What do you say?
MAJOR WALLACE: A total of six copies has been made available to the defendants in Room 54. If your Honor does not deem that enough, I feel sure that I can give assurance, on behalf of the Chief Prosecutor of the United States, that before the close of the day an ample supply of copies will be there for use.
THE PRESIDENT: The Tribunal thinks that the defense counsel should each have a copy of these briefs.
MAJOR WALLACE: That will be done, Sir.
THE PRESIDENT: Members of the defense counsel: you will understand that I have directed on behalf of the Tribunal that you should each have a copy of this brief.
DR. RUDOLF DIX: We are very grateful for this order, but none of us has seen any of these documents. I may assume that these documents will be given to the defense in German. I may assume, I hope that these documents will be given to the defense in a German translation.
THE PRESIDENT: Yes. of an era. On the 9th of November occurred the historical fact popularly known as the Hitler Putsch. During the night of November 8th to 9th Hitler, supported by the SA under the defendant Goering, at a meeting in Munich, proclaimed the National Revolution and his dictatorship of Germany, and announced himself as the Chancellor of the Reich. On the following morning the duly constituted authorities of the State, after some bloodshed in Munich, put an end to this illegal attempt to seize the government. Hitler and some of his followers were arrested and tried, and sentenced to imprisonment.
The new era in the National Socialist movement commences with Hitler's parole from prison in December 1924. With the return of its leader, the Party took up its fight for power once again. The prohibitions invoked by the government against the Nazi Party at the time of the Munich Putsch gradually were removed and Hitler, the Fuehrer of the Party, formally announced that in seeking to achieve its aims to overthrow the Weimar Government, the NSDAP would resort only to "legal" means. A valid inference from these facts may well be suggested, viz. that the Party's resort to "legality" was in reality only a condition on which it was permitted to carry on its activities in a democratically organized State. But consistent with its professed resort to "legality" the Party now participated in the popular elections of the German people and generally took part in political activity. At the same time it engaged in feverish activity to expand the party membership, its organizational structure and activities. The SA and the SS recruited numerous new members. Hitler's "Mein Kampf" appeared in 1925. The Hitler Youth was founded.
Newspapers were published, among them the "Voelkischer Beobachter" of which the defendant Rosenberg was editor, and "Der Angriff" published by Goebbels, later the notorious Minister of Propaganda and Public Enlightenment. Meetings of other political parties were interfered with and broken up, and there was much street brawling.
The results of the Party's attempt to win political power made little headway for a number of years despite the strenuous efforts exerted to that end. In 30 elections in which the National Socialists participated from 1925 to 1930 for seats in the Reichstag and in the Landtage or Provincial Diets of the various German states, the Nazis received mandates in but 16 and gained no seats at all in 14 elections.
The National Socialist vote in the 1927 elections did not exceed 4% of the total number of votes cast. The year 1939 marks the first modest success at the polls in the State of Thuringia. The Nazis received over 11% of the popular vote, elected 6 representatives out of a total of 53 to the Diet, and the defendant Frick became Minister of Interior of Thuringia, the first National Socialist chosen to ministerial rank. win support, the Nazi Party redoubled its traditional efforts (by means of terror and coercion). These met with some rebuff on the part of the Reich and various German States. Prussia required its civil servants to terminate their membership in the Party and forbade the wearing of brown shirts, which were worn by the SA of the Party. Baden likewise ruled against the wearing of brown shirts, and Bavaria prohibited the wearing of uniforms by political organizations. New National Socialist writings appeared in Germany. The new "National Socialist Monthly" appeared under the editorship of the defendant Rosenberg, and shortly thereafter, in June 1930, Rosenberg's "Myth of the 20th Century" was published. while dissolved the Reichstag when Chancellor Bruaming failed to obtain a vote of confidence - Germany moved to the polls once more on the 14th September 1930. By this election their representation in the Reichstag was increased from 12 seats to 107 seats out of a total of 577. dressed in brown shirts. Rowdy opposition at once developed intent on causing the fall of the Bruaming Cabinet. Taking advantage of the issues caused by the then prevailing general economic distress, the Nazis sought a vote of non-confidence and dissolution of the Reichstag. Failing in these obstructionary tactics, the Nazis walked out of the Reichstag.
in violence. The obstruction by the Nazi deputies of the Reichstag continued with the same pattern of conduct. Repeatedly motions of non-confidence in Bruening and for dissolution of the Reichstag were offered and were lost. And after every failure the Nazi members stalked out of the chamber nnew.
By spring of 1932 Bruening's position became untenable and the defendant von Papen was appointed Chancellor. The Reichstag was dissolved and new elections held in which the Nazis increased the number of their seats to 230 out of a total of 608. The Nazi Party had now become a strong party in Germany, but it had failed to become the Majority Party. The obstructive tactics of the Nazi deputies in the Reichstag continued, and by the fall of 1932 von Papen's government was no longer able to continue. President von Hindenburg again dissolved the Reichstag and in the new elections of November the Nazi representation in the Reichstag actually decreased to 196 seats. The short lived von Schleicher government then came into being - it was the 3rd December 1932 - and by the end of January 1933 went out of existence. With the support of the Nationalist Party under Hugenberg and other political assistance, Hitler became Chancellor of Germany by designation of von Hindenburg.
sinister story that will be developed by the prosecution in the course of this trial. Let it be noted here, however, and remembered, as the story of the misdeeds and crimes of these defendants and their fellow conspirators are exposed, that at no time in the course of their alleged "legal" efforts to gain possession of the State, did the conspirators represent a majority of the people.
It is commonly said that the Nazi conspirators "seized control" when Hitler became Chancellor of the German Republic on 30 January 1930. It may be more truly said that they seized control upon securing the passage of the Law for the Protection of the People and the State on 24 March 1933. The steps leading to this actual seizure of power are worthy of recital. The Nazi conspirators were fully cognizant of their lack of control over the legislative powers of the republic. They needed, if they were to carry out the first steps of their grand conspiracy under the clock of law, an enabling act which would vest supreme legislative power in Hitler's Cabinet, free from all restraints of the Weimar Constitution. Such an enabling act however required a change in the Constitution which, in turn, required two-thirds of the regular members of the Reichstag to be present, and at least two-thirds of the votes of those present. act, known as the Law for the Protection of the People and the State, is as follows:
1. On January 30th, 1933, Hitler held his first Cabinet meeting and we have the original minutes of that meeting, which will be offered in evidence. The defendants von Papen, von Neurath, Frick, Goering, and Funk were present. According to the minutes of this meeting, Hitler pointed out that the adjournment of the Reichstag would be impossible without the collaboration of the center party.
"We might, however, consider suppressing achieve a majority in the Reichstag."
He expressed the fear, however, that this might result in a general strike. The Reich Minister of Economy, according to these minutes stated that in his opinion, however, it was impossible to avoid the suppression of the Communist Party of Germany, for if that were not done they could not achieve a majority in the Reichstag, certainly not a majority of two-thirds: that, after the suppression of the Communist Party, the passage of an enabling act through the Reichstag would be possible. The defendant Frick suggested that it would be best initially to request an enabling law from the Reichstag. At this meeting Hitler agreed to contact representatives on the center party the next morning to see what could be done by way of making a deal with them.
2. The next event on this timetable was the Reichstag fire on the 28th of February 1933.
3. Taking advantage of the uncertainty and unrest created by the Reichstag fire, and the disturbances being creaded by the SA, the provisions of the Weimar Constitution guaranteeing personal freedom, and other personal liberties were suspended by a decree of the Reich President on February 28, 1933. were held. The Nazis acquired 288 seats out of a total of 647. Cabinet was held, and we also have the original official minutes of that meeting which bears the initials, opposite their names, of the defendants who were present at that meeting signifying that they have read - I contend that it is a reasonable inference to state that it signifies that they read those minutes and approved them. The following defendants were present at this meeting: von Papen, von Neurath, Frick, Goering and Funk. At this meeting, Hitler stated that the putting ever of the enabling act in the Reichstag by a two-thirds majority would, in his opinion, meet with no opposition.
The defendant Frick pointed out that the Reichstag had to ratify the enabling act with a constitutional majority within three days, and that the center party had not expressed itself negatively. He went on to say that the enabling act would have to be broadly conceived in a manner to allow for deviation from the provisions of the Constitution of the Reich. No further stated that as far as the constitutional requirement of a two-thirds majority was concerned, a total of 432 delegates would have to be present for the ratification of the enabling act. The defendend Goering expressed his conviction at this meeting that the enabling act would be ratified with the required two-thirds vote for, if necessary, the majority could be obtained by refusing admittance to the Reichstag of some Social Democrats. On the 20th of March another Cabinet meeting was held, and we also have the official, original records of this meeting which will be offered in evidence.
The defendants Frick, von Papen, von Neurath, Goeering and Funk were present. The proposed enabling act was again the subject of a discussion. Hitler reported on the conference he had completed with the representatives of the center party. The defendant Neurath proposed a note concerning the arrangement to be agreed to by the representatives of the center party. The defendant Frick expounded to the meeting the contents of the draft of the proposed law and further stated that changes in the standing orders or rules of the Reichstag were also necessary, that an explicit rule must be made that unexcused absent delegates be considered present, and if that was done it would be possible to ratify the enabling act on the following Thursday in all three readings. official minutes of this Cabinet meeting was the defendant Goering's announcement that he had ordered SA troops on the Polish border to be cautious and not to show themselves in uniform, and that the defendant Neurath recommended also that the SA be cautious, especially in Danzig. In addition, the defendant Neurath pointed out that Communists in SA uniforms were being caught continuously. These stool pigeons had to be hanged. Justice had to find means and ways to make possible such punishment for Communist stool pigeons, according to the defendant, Neurath.
On 14th March 1933 the defendant Frick announced:
"When the Reichstag meets the 21st of March, the elsewhere from participation in the session.
In productive work.
We will know how to render harmless permanently, sub-humans who don't want to be reeducated."
During this period, taking advantage of the decree suspending constitutional guarantees of freedom, a large number of Communists, including party officials and Reichstag deputies and a smaller number of Social Democratic officials and deputies, were placed in protective custody. On 23 March, 1933 in urging the passage of the enabling act, Hitler stated before the Reichstag:
"It is up to you gentlemen to make the decision now.
It will be either peace or war." of the Reichstag were present. The absence of some was unexcused; they were in protective custody in concentration camps. Subject to the full weight of the Nazi pressure and terror, the Reichstag passed an enabling act known as the "Law for the Protection of the People and State," with a vote of 441 in favor, This law marks the real seizure of political control by the conspirators. For Article 1 provided that Reich laws can be enacted by the Reich Cabinet. Article 2 provided the National laws enacted by the Reich Cabinet may deviate from the Constitution. Article 3 provided, national laws enacted by the Reich Cabinet are prepared by the Chancellor and published in the Reichsgesetzblatt. Article 4 provided treaties of the Reich with foreign states which concern matters of national legislation do not require the consent of the parties participating in legislation. The Reich Cabinet is empowered to issue the necessary provisions for the execution of these treaties. unrestrained by any provision of the Weimar Constitution. stated and I also present for the assistance of the Court and the Defense Counsel the briefs covering this portion of the case.
THE PRESIDENT: I wish to speak to Major Wallace. Would it be possible to let the ... you must go to the microphone ... he needn't have that on .. Would it be possible for the prosecution to let Defendants' Counsel have at least one copy between each two of them here in court? If not today, then tomorrow.
COL. STOREY: If the Tribunal please, there has been some misunderstanding and the briefs were delivered to the Defendants Document Room. We have sent for some of them and they should be here shortly. However, sir, in all fairness the briefs themselves are not in the German language, because we had intended to take the trial brief and the lawyers follow it over the translating system and thus, when it was finished, it would be translated into all languages.
a summary, and he is giving the summary and will offer the documents in evidence and later the briefs, as needed, to the Tribunal, and to defense counsel, and unfortunately, in the rush of time, they have been put down in the Defendants' Document Room and we have sent for some of them. We understand also, if the Tribunal please, that Dr. Kempner approached some of the distinguished counsel for the defense, and learned that a great many of them not only speak English but understand it when they read it, and to save the tremendous physical burden on facilities, the briefs have not, as yet, been translated into Germany. If there is objection, the only thing we can do is to with-hold them at this time, but we understood it would be agreeable to pass them to them in English and that is what we propose to do at the present moment, and have German speaking officers in the Document Room who will translate for any of them who may not be able to read German. Pardon me, to read English.
THE PRESIDENT: Did you hear what Col. Storey said, Dr. Dix?
DR. DIX: I have only one request. I have one request. We are here, as German defense counsel, and in face of great difficulties. These proceedings, are conducted according to Anglo-American customs. We are doing our best to make our way through these principles, and would be very grateful if the President would take into consideration our difficult situation. Anglo-American principles, it is necessary to arrange protests immediately, if one has any objections to the contents of a document and that it is not possible unless one does it at once. This is a point on which I would like to make my request. I am convinced that both the Trial Brief and the documents will be made available to us, and we will see if we can have a German translation of one or the other. If this trouble can be spared, if the defense counsel needs a translation, we shall have it, but I should like ... I have one request .. that we have leisure to raise an objection later when we have had a chance of discussing it. I think in that way we shall easily overcome the difficulties raised by the present situation, and we are trying to cooperate in order to overcome any difficulties.
THE PRESIDENT: The Tribunal is glad that Defendants' Counsel are making efforts to cooperate in the trial. After the adjournment, the Tribunal will consider the best method of providing Defendants' Counsel with as many translations as possible, and you are right in thinking that you will be able to make objections to any document after you have had time to consider it.
DR. DIX: Thank you, sir.
PRESIDENT: Yes, Major Wallace?
MAJOR WALLACE: Having acquired full political control, the Nazi conspirators now proceeded to consolidate their power, and at this point I would like to impress upon the Tribunal again that with the exception of a very few documents, the subject matter of my remarks is within the purview of judicial notice of the court, a matter of history well known to these defendants and their counsel. Their first step was to ruthlessly purge their political opponents by confining them to concentration camps or by murder. Concentration camps made their first appearance in 1933 and were first used as means of putting political opponents out of circulation by confining them to a so-called "protective custody." This system of concentration camps grew and expanded within Germany. At a subsequent stage in these proceedings full and complete evidence of the concentration camp system and the atrocities committed therein will be presented to the Court, both by documents and films. murder by the Nazi conspirators of their political opponents is contained in the documentary evidence offered by the United States.
As an illustration, affidavit of Raymond H. Geist, former American Counsul and First Secretary of the Embassy in Berlin from 1929 to 1938, states (which will be offered):
"Immediately in 1933, the concentration camps Gestapo.
Only political prisoners were held "The first wave of terroristic acts began in others suspected of being either.
Mobs of SA "For Germans taken into custody by the Gestapo terror.
Victims numbered in the hundreds of thousands all over Germany."
End of quotation. conspirators proceeded to destroy opposition within their own ranks by wholesale murder. In discussing this purge, the defendant Frick stated in an affidavit under oath, signed on the 19th day of November 1945, in the Presence of his defense counsel as follows. This is document number 2950-PS. It has not yet been offered in evidence, sir. that Roehm wanted to start a putsch. The Fuehrer ordered Himmler to suppress the putsch, which was supposed to take place where all of the SA leaders were coming together. For northern Germany the Fuehrer gave orders to suppress the putsch to Goering. Frick goes on to say:
"On account of this order, many, many people treason.
They were just killed on the spot.
Many people were killed - I don't know how do with the putsch.
People who just weren't Schleicher's wife was also killed.
Gregor November or December of 1932".Frick goes on to say:
"The SS was used by Himmler for the execution of these orders to suppress the putsch." series of decrees of the Reich Cabinet, a number of new political crimes. Any act or statement contra to the Nazi Party was deemed to be treason and punished accordingly. The formations of the Party, the SA, SS, as well as the SD and the Gestapo, were the vicious tools used in the extermination of all opposition, real or potential. As the defendant Goering said on July 24th, 1933 (I refer to docket number 2494-PS, which will be introduced: in evidence):
"Whoever in the future raises a hand against a life in a very short while.
Furthermore, it will a death, but only in an injury."
Academy for German Law, 1936, which will be introduced as document number 2533-PS. Frick stated as follows:
"To the world we are blamed again and again because of the concentration camps.
We are asked, 'Why do you arrest without a warrant of arrest?
' I say, 'Put yourself into the position of our nation.
' Don't forget that the very great and still untouched here on German soil."
referred to, being document number 1759-PS, states:
"The German people were well-acquainted with the one of great suffering.
Indeed, before the Hitler opposition."
And as the defendant Goering said in 1934, (and I refer to document number 2344-PA, which will be offered in evidence:)
"Against the enemies of the State, we must proceed ruthlessly ... Therefore the con Socialist Democrat functionaries."
Nazi conspirators further consolidated their position by promptly proceeding to eliminate all other political parties. On 21 March 1933, the defendant Frick announced that the Communists would be prevented from taking part in the Reichstag proceedings. This was accomplished, as has been pointed out, by placing them in "protective custody in concentration camps." On the 26 of May 1933 a Reichs Cabinet decree signed by Hitler and the defendant Frick provided for the confiscation of the Communist property. On 22 June 1933 the Social Democratic Party was suppressed in Prussia, it previously having been seriously weakened by placing a number of its members in concentration comps. On the 7th of July 1933 a Reich decree eliminated Social Democrats from the Reichstag and from the governing bodies of the provinces and municipalities. On the 14 of July 1933 by a decree of the Reich Cabinet, the property of the Social Democrats was confiscated, and the Nazi Party was constituted as the sole political party in Germany, and thereupon it became illegal to maintain or to form any other political party. Thus, Hitler was able to say within hardly more than five months after becoming Chancellor, I quote, "The Party has become the State."
ment a recorded fact, for on the 1st of December 1933 the Reich Cabinet issued a law for the "Securing the Unity of Party and State". This law was signed by Hitler and the defendant Frick.
Article 1 provided that the Nazi Party "... is the bearer of the concept of the State and is inseparably the State. It will be a part of the public law. Its organization will be determined by the Fuehrer."
Article 2 provided: "The Deputy of the Fuehrer and the Chief of Staff of the SA will become members of the Reich Cabinet in order to insure close cooperation of the offices of the Party and SA with public authorities."
Article 3 provided: "The members of the National Socialist German Workers Party and the SA (including their subordinate organizations) as the leading and driving force of the National Socialist State will bear greater responsibility toward Fuehrer, people and State."
(Adjourned from 1540-1550)
COLONEL STOREY: During the recess defendants' counsel and the prosecution arrived at an agreement for the furnishing of briefs to the defendants, which I understand to be this: delivered in the defendants' information center, with the understanding that if any defense counsel needs to show the German photostatic copy to his client he may do so in the defendants' counsel room adjacent thereto; that the briefs which we are passing to the Tribunal as an aid will likewise be passed to defendants' counsel in English, and that if any of them have trouble in the translation of any portion of the briefs we have German-speaking officers in defendants' information center who will assist counsel. I understand that all of these defendants' counsel have so agreed.
THE PRESIDENT: Thank you. Now, Major Wallace.
MAJOR WALLACE: May it please the Court, at the moment of recess I was referring to the law which was passed on December 1, 1933, for securing the unity of Party and State.
Article 6 of that law Provided: "The public authorities have to grant legal and administrative assistance to the offices of the Party and the SA which are entrusted with the execution of the Jurisdiction of the Party and SA."
Article 8 Provided: "The Reich Chancellor as Fuehrer of the National Socialistic German Workers Party and, as the supreme commander of the SA, will issue the regulations necessary for the execution and augmentation of this law, particularly with respect to the organization and procedure of the jurisdiction of the Party and SA." Thus by this law the Nazi Party became a para-governmental organization in Germany. of Hindenburg. Instead of holding an election to fill the office of President, the merger of the offices of President and Chancellor, in the person of Hitler, was accomplished by the law of 1 August 1934, signed by the entire Reich Cabinet. One of the significant consequences of this law was to give to Hitler the supreme command of the German armed forces, always a prerequisite of the presidency, and every soldier was immediately required to take an oath of loyalty and unconditional obedience to Hitler.