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.
THE PRESIDENT: Very well.
MAJOR WALLIS: This document book and the accompanying brief entitled "Propaganda Censorship and Supervision of Cultural Activities". of the conspirators was propaganda. From the outset they appreciated the urgency of the task of inculcating the German masses with the National Socialist principles and ideology. The early utterances of Hitler and his fellow conspirators evidenced full recognition of the fact that their power could endure only if it rested on general acceptance of their political and social views. Immediately following their accession to power, the Nazi conspirators instituted a determined program for wholesale organization of the masses by seizing control of all vehicles of public expression. The wide-spread use of propaganda by the powerful machine thus created became a key device in establishing control over all phases of the German economy, public and private. They conceived that the proper function of propaganda was: "To prepare the ground psychologically for political action and military aggression and to guarantee popular support of a system which was based on a permanent and steadily intensified application of terror and aggression both in the sphere of domestic politics and foreign relations." create specific thought patterns designed to make the people amenable to the aims and program of the Nazis and to foster their active participation therein to the greatest extent possible. The nature of this propaganda is within the judicial purview of the court. As Goebbels put it, it was aimed at "conquest of the masses."
Its intended effect was the elimination of all serious resistance in the masses. To achieve this result, as will be shown later in the evidence, the Nazi conspirators were utterly unscrupulous in their choice of means, a total disregard of veracity that presented their case purely from the standpoint of political expediency and their conception of national self-interest. Inasmuch as propaganda was the means to an end, "the conquest of the masses" required different strategy at different times depending on the objectives issued and pursued by the Nazi conspirators at any given moment. According to Hitler: "The first task of propaganda is the gaining of people for the future organization." and supervised organizations was the primary objective in the years preceding and immediately following the seizure of power. After the rise to power, this task was broadened to include the enlistment of the people as a whole for the active support of the regime and its policies. As the Reich Propaganda Leader of the Party and Reich Minister for Propaganda, Goebbels stated: "Propaganda, the strongest weapon in the conquest of the State, remains the strongest weapon in the consolidation and building up of the State." weapon in the power of the state are set forth in a chart which I would like to call to the Court's attention at this time, and would like to introduce in evidence as United States Exhibit No. 21. separate levels of control within the German Reich. The first level was the Party Controls, which are represented on the chart by the top block.
And you will see that the Party through its Examining Commission controlled the books and magazines and issues of books and magazines setting forth the ideology of the Party. supervised all publishers, and headed the Party newspapers and book publishers. the Press Political Office, the Press Personnel Office, and supervised the Party treatment of the press and treatment of Party affairs in the press. had under its control not only the press but Exhibits, Affairs, Speaker's Bureau, Films, Radio, Culture, and other means of expression and dissemination of the ideology of the Party and its purposes. to the ideology of the Party headed by the defendant Rosenberg. It supplied all the training periodicals, prepared the curricula for the schools, and the indoctrination of the people into the ideology of the Party. On that same level is Youth Education, presided over by the defendant Schirach, who had under his control the Hitler Jugend; and there were the University Students and Teachers Division of the Party Control. exercised by the state, and reading from left to right you have the Propaganda Coordinations, Foreign Coordination, and Cooperation. Fritsche, Film, Literature, the German Press, Periodicals, Theatre, Arts, Other Cultural Things, and the Ministry for Education.
Corporate Controls. These were under a semi-official control of both the Party and the state. These are the so-called Cultural Chambers. Their purpose was to have full control over the personnel engaged in the various arts and cultures, and engaged in the preparation and dissemination of news. That first was the Press. All reports and writers belonged to that section. The next section was Fine Arts, Music, Theatre, Film, Literature, Radio, and then going over into the Educational Branch the organization were the University Teachers, the Students, the former Corps Members of the university had to belong too.
spirators had full control over the expression and dissemination of all thought, cultural activities, and dissemination of news within the Reich. Nothing was or could be published in Germany that did not have the approval, express or implied, of the Party and State. The defendant Schacht in his personal notes explains the effect of the killing of a piece of news in a totalitarian dictatorship. As he states it, it has never become publicly know that there have been thousands of martyrs in the Hitler regime. They have all disappeared in the cells or graves of concentration camps without ever having been heard of again, and he goes on to say, what is the use of martyrdom in the fight against terror if it has no chance of becoming known and thus serving as an example for others.
THE PRESIDENT: What were you reading from then? From what document were you reading when you quoted Schacht?
MAJOR WALLIS: I am afraid ...
THE PRESIDENT: You can tell us later on.
MAJOR WALLIS: I will tell you later on, sir. I would now like to turn your attention ...
THE PRESIDENT: Before you pass from this subject, there is a docket on the documents which shows that certain documents are missing. What does that mean? 1708, 2030.
MAJOR WALLIS: Those documents are in the process of being reproduced and will be furnished to the court, I hope, before the close of the day, sir. They have been added to that book and as yet, have not been completed in their process of reproduction.
THE PRESIDENT: Thank you. Have they been translated?
MAJOR WALLIS: Yes, sir, they have been translated, and the translations are in the process of being reproduced.
THE PRESIDENT: Are the documents in their original form in German?
MAJOR WALLIS: Yes, I believe they are, sir.
THE PRESIDENT: Very well.
MAJOR WALLIS: I would now like to direct the Court's attention to the militarization of Nazi-dominated organizations during this pre-war period and for that purpose I offer United States Exhibit Number J, which consists of a document book with English translations, and I present to the court also, a brief which accompanies this portion of the case.
achieving and consolidating their totalitarian control of Germany, they did not lose sight of their main objective -- aggressive war. Accordingly, they placed a considerable number of their dominated organizations on a progressively militarized footing, with a view to the rapid transformation of these organizations wherever necessary, as instruments of war. These organizations were the SS, the SA, the Hitler Jugend, the NSKK or National Socialistist Motor Corps, the NSFK, (the National Socialist Aviation Corps), the RAD, (Reich Labor Service) and the OT, the Todt Organization. part in the accompanying documents, which have been presented to the court and will be detailed further when the particular organizations are taken up and discussed and their criminality established at subsequent stages in the case. At this time, I would like to call the Court's attention to a chart, and while the chart is physically being placed on the board, I would offer United States Exhibit 22 - 23, I beg your pardon - - it is United States Exhibit 22, which is document 2833-PS and is a reproduction of Page 15 of the book entitled, "History of the Nazi Party". You will note that on the left lower corner of the chart, placed on the board, there are some papers attached. The top paper is an affidavit which reaes as follows: "I certify that the above enlargement is a true and correct copy prepared under my direct supervision, of Document Number 2833-PS, Page 15 of the book entitled "History of the Party", and you will note that underneath is a second paper and this affidavit states it is a correct photographic copy, and which appears in the left-hand corner of the panel. This affidavit is signed by David Zablodowsky, sworn to and subscribed 23rd day of November 1945 at Nurnberg, Germany, before James H. Johnston, 1st Lt., Office of U. S. Chief of Counsel. took place in Germany. The Chart is entitled, "The Organic Incorporation of German Nationals into the National Socialist System and the Way to Political Leadership". ages of 10 and 14.
The arrows point both right and left. The arrow to the right is the Adolf Hitler School for youth between the ages of 12 and 18.
Both from the School and from the young folk, they proceed to the Hitler Jugend. At 18 years of age, they graduate from the Hitler Jugend into the various party formations, the SA, SS, the NSKK, and the NSFK. At the age of 20, they continue from these party formations into the Labor Front, and from the Labor Front, after they have served their period of time there, back again to the Party Formations, the SA, SS, NSKK, SFK, until they reach the age of 21. Then they proceed into the Army, serve in the Army from the ages of 21 to 23, and then back again into the party formations of SA, SS, etc. political leaders of the Nazi party and from that group are selected the cream of the crop who go to the Nazi Party Special Schools and from these schools, as is represented on the top of the chart, graduate the political Fuehrers of the People. is not anything that was prepared by counsel in this case. It was prepared by the Nazi Party people and it comes from their own history. Nazi conspirators had achieved one of the first major steps in their grand conspiracy. All phases of German life were dominated by Nazi doctrine and practice and mobilized for the accomplishment of their militant aims. To the extent to which this was, accomplished, can be no better expressed than the words of Hitler when he spoke to the Reichstag on 20 February 1938. I refer to Document 2715-PS. He said:
"Only now we have succeeded in setting before us the great tasks and in possessing the material things which are the prerequisites for the realization of great creative plans in all fields of our national existence. Thus, National Socialism has made up with a few years for what centuries before it had omitted.....National Socialism has given the German people that leadership which as Party not only mobilizes the nation but also organizes it, so that on the basis of the natural principle of selection, the continuance of a stable political leadership is safeguarded forever.....National Socialism.....possesses Germany entirely and completely since the day when, five years ago, I left the house in Wilhelmsplatz as Reich Chancellor. There is no institution in this state which in 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 the perfect organizational structure which guarantees its permanence for all future. The greatest guarantee of the National Socialist revolution lies in the complete domination of the Reich and all its institutions and organizations, internally and externally, by the National Socialist Party. Its protection against the world abroad, however, lies in its New National Socialist armed forces.....
"In this Reich, anybody who has a responsible position is a National Socialist.....Every institution of this Reich is under the orders of the supreme political leader ship.....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."
February 1938.
COLONEL STOREY: If the Tribunal please ...
DR. SEIDL (For Defendant Frank): Mr. President, may I make a few short remarks in this connection? The defendants were given, along with the indictment, a list of the documents which is introduced as follows: Every one of the .... in order ,..
(Here there was a short pause in translation).
THE PRESIDENT: (interposing) You must speak more slowly.
DR. SEIDL: (continuing)... in order to become acquainted with the points in the indictment and for that reason all the documents here listed can be used by them or referred to by them. documents this morning. Only one of the documents in this list was given to the defense. At the beginning of this trial it was stated as a fact that documents given to the court should also be given to the defense. However, the defense has no knowledge of these documents and documents are presented to the Tribunal which are not even listed in this list. Not one of them is so listed. defense is completely impossible. I should therefore like to make the motion - firstly, that the court should give the defense counsel a list of the documents that are to be presented to the court, and secondly, the defense counsel should be given, at the latest on the day on which the documents are to be presented to the court, a copy of the documents, for the use of the defense counsel and defendants, in their own language. be met, since otherwise, we, at least myself, will not be in a position to proceed with our defense.
THE PRESIDENT: Colonel Storey, or counsel for the prosecution, will you say what answer you have to make to this objection?
COLONEL STOREY: If the Tribunal please, in the first place practically every document referred to by Major Wallace is a document of which the court would take judicial knowledge.