On 4 February 1938 Hitler issued a decree which stated in part (and I quote from document number 1915-PS, which will be offered in the document book at the close of my remarks, as follows): "From now on, I take over directly the command of the whole Armed Forces." control, the Nazi conspirators reduced national elections to mere formalities devoid of the element of freedom of choice. Elections, properly speaking, could not take place under the Nazi system. In the first place, the basic doctrine of the Fuhrerprinzip dictated that all subordinates must be appointed by their superior in the government hierarchy. Although it had already become the practice, in 1938 it was specifically provided by law that only one list of candidates was to be submitted to the people. By the end of this pre-war period little of substance remained in the election law. The majority of the substantive provisions had become obsolete. the powers of regional and local governments and substantially transformed them into territorial subdivisions of the Reich Government. With the abolition of representative assemblies and elective officials in the Lander, and the municipalities, regional and local elections ceased to exist. On 31 January 1934 the last vestiges of Land independence was destroyed by the Law for the Reconstruction of the Reich. The defendant Frick, minister of the Interior throughout this period, has written of this Law for the Reconstruction of the Reich as follows:
"The reconstruction law abolished the sovereign sovereignty.
The supreme powers of the Lander do not exist any longer.
The natural result of to the corresponding Reich ministers.
On 30 Jan uary 1934 the German Reich becomes one state."
their political power was the purge of civil servants on racial and political grounds and their replacement by Party members and supporters. This purge was accomplished through a series of Nazi laws and decrees. The first was on 7 April 1933, entitled "Law for the Restoration of the Professional Civil Service." Article 3 of the law applied the Nazi blood and master race theories in providing that officials who were not of Aryan descent were to be retired. The political purge provision of the law is contained in Article 4, and I quote, "Officials who, because of their previous political reservations may be dismissed."
The effect of this law and the decrees and regulations issued thereunder was to fill every responsible position in the government with a Nazi and to prevent the appointment of any applicant opposed or suspected of being opposed to the Nazi program and policy. All judges who failed to fulfill the racial and political requirements of the conspirators were quickly removed. In addition, the Nazis set up a new system of special criminal courts independent of the regular judiciary and directly subservient to the Party program.
Moreover, the Nazis controlled all judges through special directives and orders from the central government, their aim being, as expressed by Garland one of the loading Nazi lawyers of that time," ... to make the word 'terrorization'" in the penal law respectable again." larged existing State and Party organizations and established an elaborate net work of new formations and agencies. The Party spread octopus-like throughout all of Germany. This process of growth was summed up late in 1937 in an official statement of the Party Chancellery, as follows:
"In order to control the whole German nation in party formations and affiliated organizations."
book which contains the laws and conditions which I have referred to in this part of my presentation together with the briefs covering this part of it. histories in the consolidation of control by the conspirators. rators control of Germany is the destruction of the free trade unions and the obtaining of control over the productive labor capacity of the German nation. the Nazi seizure of power; the obstacles they afforded to the Nazi plans, the speed with which they were destroyed, the tenor and maltreatment ranging from assaults to murder of Union leaders, were fully outlined in the opening address of the Chief Prosecutor of the United States, and are fully set forth in the document book which I will present to the court on this phase of the case.
in the words of Robert Ley, once scheduled to be a defendant in this trial, but thought better of it. Ley's confidence in the Nazis' effective control ever the productive labor capacity of Germany in peace or in war was declared as early as 1936 to the Nurnberg Party Congress. I refer to document 2283-PS which is included in the document book which will be presented on this phase of the case. He stated:
"The idea of the factory troops in making good progress crisis.
Disturbances such as the munitions strikes of the National Socialism has conquered the factories.
Factory troops their motto is:
The Fuhrer is always right." At this time I would like to offer to the court the document on this phase of the case, namely, "The destruction of labor unions and the gaining of control of all productive labor in Germany," together with the brief on that subject. At the same time, if it please the court, I would like to offer the document book concerning the consolidation of control with respect to the utilization and molding of political machinery, which is in large a decree which I referred to just prior to my discussion of the destruction of labor unions.
case history in the consolidation of control. Influence of the Christian churches in Germany was an obstacle to their complete domination of the German people and contra to their master race dogma. As the defendant Martin Bormann stated in a secret decree of the Party Chancellery signed by him and distributed to all Gauleiters on 7 June 1941--it is identified as document No. D-75 and will be included, in the document book which will be presented to the court--he stated as follows:
"More and more must the people be separated from *** Not until this has happened does the State citizens."
D-75. Accordingly, the Nazi conspirators, seeking to subvert the influence of the churches over the people of Germany proceeded to attempt to eliminate these churches.
1. By promoting beliefs and practices incompatible with Christian teachings.
2. By persecuting priests, clergy and members of monastic orders. This persecution, as the documentary evidence will show, ran the gauntlet of insults and indignities, physical assault, confinement to concentration camps and murder.
3. By the confiscation of church properties. (In this connection see 1481-PS) 4. By suppressing religious publications.
5. By the suppression of religious organizations.
and in addition they 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 childhood by his pastors.
The so-called dear God to the efforts of the pastors.
If, therefore, in Christianity will disappear by itself."
(See Document 1815-PS) 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. history, the persecution of the Jews.
The Nazi conspirators adopted and publicized a program of ruthless persecution of Jews. 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. 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 Goring, 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 clearn 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 Nurnberg laws were passed, depriving the Jews of their rights as citizens, forbidding them to marry Ayrans, 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 ellegedly spontaneous pogrom was staged and carried out all over Germany (See 374-PS). 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 Goring, with the participation of the defendants Frick and Funk and others. I refer to document 1816-PS, which will appear in the document book in the office. 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 Goring in his capacity as Deputy for the Four Year Plan, and were thus strictly connected with the con solidation 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: forced all Jews over 6 years of ago to wear the Star of David. 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 that time, "The aim of the racial legislation may be regarded legislation as essentially closed.
It led to the solution.
Many regulations will lose their prac ment of the final goal on the Jewish problem."
made the following prophesy:
"The result (of a war) will be the annihilation of the Jewish race in Europe."
the Court the evidence as to how well that prophesy was fulfilled.
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.
(Whereupon, at 4:30 o'clock p.m. the Tribunal adjourned until 10 o'clock the following day.)
Military Tribunal, in the matter of: The
DR. OTTO NELTE (Defense counsel): Mr. President, we of the defense, at yesterday's session heard the documents presented by the prosecution. I should like to raise objection. The main American Prosecutor presented evidence, which had as their object the main organization of the German State and the Nazi Party. points: First, a Reich Defense Council did not exist at any time. The Reich Defense Law, which foresaw a Reich Defense Council, in the event of war, was never put into effect. There was never a session. The Reich Defense Council never held a meeting. The Defendant Keitel was never a member of any such Reich Defense Council. Secondly, the Secret Cabinet Council, according to the Law of the 4th of February, 1938, never came into existence. It was never constituted. It never held a session. Thirdly, the Defendant Keitel was never Reich Minister; just like the High Commanders, he had the rank of a Reich Minister. He was also not Reich Minister without portfolio. He never participated in any Cabinet conferences. could be the object of examination at this time during the trial, or whether it should be postponed until a later time.
THE PRESIDENT: The Tribunal ruled that the documents are admissable, 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. RUDOLF DIX (Defense Counsel) May I ask the high Tribunal a question? May I address a question to the high Court? We have partially now seen and heard the documents that were presented to the Court yesterday.
On this occasion we determined that such documents were presented by the Chief American Prosecutor as literally correct. I would like to know whether documents are to become the basis for decision on the part of the Court, even though the Chief American Prosecutor, who presented them, did so in a partial way. I would like to ask the high Court, whether the entire content of all the documents, that were presented to the Court yesterday, will be presented in the future and whether they are to be interpreted as a basis for the judgement of the Court even though they have been presented in part.
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. RUDOLF DIX: Thank you. Therewith, the question is clarified.
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 she consideration of the documents and arguments, which have been made up to that time. That is the first master. 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 application, for the purpose of explanation, are more conveniently made orally, but so 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. 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 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 while 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, to which he particularly wish to draw attention.
I will now call upom the Chief Prosecutor for the United States to continue his address.
COLONEL STOREY: May it please the Tribunal: Yesterday afternoon it appeared that there was some question about the identification of documents formarlly offered in evidence. 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. exhibits in evidence -- request 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 No.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 No.2, being 2903-PS, being the Nazi Party Chart together with authentication certificates;
United States Exhibit No.3, 2905-PS, the Nazi State Chart together with authenticating certificates;
United States Exhibit No.4, 2836-PS, the original statement of Defendant Goering as to positions held;
United States Exhibit No.5, document 2829-PS, the same, concerning the defendant Ribbentrop;
United States Exhibit No.6, 2854, being the same with reference to defendant Rosenberg;
United States Exhibit No.7, 2979-PS, the same concerning defendant Frank;
United States Exhibit No.8, being No.2978-PS, the same relating to defendant Frick;
United States Exhibit No.9, being numbered 2975-PS, regarding the defendant Streicher;
United States Exhibit No.10, being No. 2977-PS, relating to the defendant Funk;
United States Exhibit No.11, being 3021-PS, relating to the defendant Schacht;
United States Exhibit No.12, No.2887-PS, relating to the defendant Doenitz;
United States Exhibit No.13, No.2888-PS, relating to the defendant Raeder;
United States Exhibit No.14 --
THE PRESIDENT: Colonel Storey, might not the numbering of these documents be done by the General Secretary?
COLONEL 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 of 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.
COLONEL STOREY: Thank you, Sir. ures:
USA 1 Major Coogan's affidavit with Col. Storey's statement.
USA 2 (2903-PS Nazi Party Chart and authenticating papers USA 4 (2836-PS Oroginal statement of Goering's positions.
USA 5 (2829-PS " " Ribbentrop's positions.
USA 6 (2851-PS " Rosenberg's " USA 7 (2979-PS " Frank's " USA 8 (2978-PS " Frick's " USA 9 (2975-PS " Streicher's " USA 10 (2971-PS " Funk's " USA 11 (3021-PS " Schacht's " USA 12 (2887-PS " Doenitz' " USA 13 (2888-PS " Raeder's " USA 14 (2973-PS " von Schirach's " USA 15 (2974-PS Original statement of Sauckel's positions USA 16 (2865-PS " Jodl's " USA 17 (2910-PS " Syss-Inquart's " USA 18 (2980-PS " Speer's " USA 19 (2972-PS " von Neurath's " USA 20 (2976-PS " Fritsche's "
USA B The acquring of Tatalitarian Control over Germany;
Political; First Steps; Control Acquired.
USA C Consolidation of Control; (utilization and molding of
USA F Purge of Political Opponents; Terrorization.
COL. STOREY: May it please the Tribunal, Mr. Justice Jackson called my attention while we were offering all of these exhibits on behalf of the United States. Naturally they are for the benefit of, and on 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.
In the brief which is offered for the assistance of the Court in connection with this subject, the exact poritions 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 references to the specific page number of the documents.
being prepared psychologically for war. 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, when 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.'" "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."
Nazi education 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. 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 Fuhrerprinzip was introduced into the schools and universities. I refer to document 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." 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 Gruppenfuhrer. 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 decreed dated 22 June 1933, dissolved the Reich Committee of the German Youth Associations and took over their property. I refer to document 2229-PS. 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. 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 7 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, etc. 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 the youth for war are set forth in the document which has been offered, and in the accompanying briefs. of propaganda that was used during this period, and for this purpose I offer United States Exhibit 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 they have been sent to the Defendants' Information Center. I may say, Sir, by tomorrow we will have then in advance for everybody, including the Court and defense counsel.