The next quotation is on pages 36 and 37 of my document book. It is an entry dated the 16th of January 1942, and the quotation which I am referring to is on pages 65 and 66 of the diary:
"Afterwards, a short discussion takes place in the King's Hall of the Castle." It took place with the Chief of the Ukrainian Committee. I quote:
"The Governor General desires a larger employment of Ukrainians in the administration of the Government General. In all offices in which Poles are employed"-
THE PRESIDENT: Dr. Seidl, if you will give us the page in your document bock now, that will be sufficient for the present, because they seem to correspond.
DR. SEIDL: Very well. May I continue, Mr. President?
THE PRESIDENT: I think so, yes.
DR. SEIDL: I then come to page 38 in the document book. This entry deals with a draft originating from Himmler, which has already been mentioned, a draft of a law for communal goods. I quote:
"The Governor General orders the following letter to be sent to Landgerichtsrat Taschner:
"Please inform Reichsminister Dr. Lammers of my opinion as follows, with my signature certified by you: Is am opposed to the law for the treatment of non-German people--Gemeinschaftsfremder--and I request that a date be set, within a short time, for a meeting of the leading officials, in which it will be possible to set forth the principal legal viewpoints which today stillspeak absolutely against the details of this proposal. I shall participate in this meeting myself. In my opinion it is entirely impossible to eliminate the regular courts and to transfer to organs of the police alone such far-reaching competences. The intended Spruchstelle, or court, with the Reichssicherheitshauptamt--RSHA--cannot take the place of a regular court in the mind of the population."
On page 39 I quote the last but one paragraph:
"For that reason I object to that draft in its present form, especially with regard to paragraph 1 of the draft of the decree for its execution." with the question of the denationalization, which had been most emphatically turned down by the Governor General. I ask the Tribunal to take judicial notice of this document. the works of Chopin. I quote paragraph 2:
"President Dr. Watzke reports that it would be possible to procure in Paris the major part of Chopin's posthumous works for the State Library in Krakow. The Governor General approves of the purchase of the posthumous works of Chopin by the administration of the Government General."
agicultural property, and I quote page 767 of the diary, second paragraph:
"It is lay aim to bring about a recovery of the agricultural in Galicia with all mean even during the war. With that I have kept my promises which I gave one year ago in my proclomation to the population of this territory. Further developments of a useful nature can therefore arise through loyal cooperation of the population with the German authorities. The German administration in this area is willing and has also been given orders to treat the population in a helpful way. It will protect the loyal population of this area with the same decisive and basical firmness, with which it will suppress any attempt of resistance against the order established by the Greater German Reich. For this purpose I have issued an additional decree concerning the duties of the German administration in Galicia for the protection of the individual farmer in the field of food and agriculture." Governor General before the leaders of a Polish delegation, and I quote the last paragraph on page 56:
"I hope that the new harvest will place us in a position to assist the Polish assistance committee. Whatever can be done by us will be done, in order to reduce the suffering. It is also in our interest that the Polish population enjoy working and cooperate. We don't want to exterminate or destroy anybody," had with the plenipotentiary for labor, and I quote the last paragraph on page 919 of the diary:
"I also like to take this opportunity to declare to you our willingness to cooperate, Party Comrade Sauckel, and that we will do everything humanly possible. But I should like to add one request: that the treatment of Polish workers in the Reich is still subject to certain defacing restrictions."
I pass on to page 62, and quote line 10:
"I can assure you, Party Comrade Sauckel, that it would mean a tremendous help with the recruiting of workers if at least part of the defaming restrictions against the Poles in the Reich could be abolished. I believe possibilities exist in this respect."
I now go on to page 66 of the document book. This is the only entry in the diary of the Defendant Dr. Frank which he has signed personally.
It is a memorandum about the development in the Government General after he had been relieved of all his positions in the Party and after he had repeatedly stated that he was resigning and was hoping that now at last his resignation would be accepted. I am asking the Tribunal to take judicial notice of this final survey, dated September 1942. It consists of five pages, pages 66 to 71. I quote the fifth Last line. It is a statement made by the Governor General:
"Art treasures were carefully stored and cleaned, so that approximately 90 percent of all the art treasures of the former Poland in the territory of the Government General could be secured. These art treasures ore entirely the property of the Government General."
I am asking the Tribunal to turn to page 92 of that volume. It is an entry dated the 8th of December, 1942, which was made on the occasion of a meeting of department chiefs and which deals with the supply situation. I am asking the Tribunal to take judicial notice of that entry. about the question of the recruiting of workers and where he most severely condemns all measures of force. on page 108. It is a press conference, and I am asking the Tribunal to turn to page 110, where I shall quote the third paragraph:
"The Governor General sums up the result of the conference and declares that with the participation of the president of the main propaganda department and the press chief of the government all points will be comprised in a regulation to be given to all chief editors of the Polish papers. The directives dealing with foreign national arrairs in the press and cultural field will be compressed into this regulation. The conciliatory spirit of the Reich serves as a guide."
I am then asking the Tribunal to turn to page 127 of the document book. It is a work meeting which took place on the 26th of May, 1943, dealing with food. I quote the sixth line from the bottom:
"We have to keep in mind that the first problem to tackle is the feeding the Polish population, but I want to tell you authoritatively and officially, no matter that may come, I shall introduce with the coming.
rationing period in the Government Cancel, to the largest possible number of the population, these food rations which we can defend with respect to our position toward the Reich. other and nobody will divert me from this goal." the supply of the non-German population. I am asking the Tribunal to take judicial notice of it and to turn to page 141 immediately. This entry, too, deals with the fond situation. I quote the tenth line from the bottom:
"After examining, all possibilities I have now ordered that as of the 1st of September of this year also the Polish population of this territory shall be granted a generous regulation, principally on the food situation. As of September 1st of this year we will introduce for the population of this territory such quotas as are called arthegau quotas." sentences:
"I want to make a statement on this occasion. From the seriousness of the words you can judge hat I have in mind. The men of my government, including myself, are completely aware of the needs of the Polish population in this district. We are not here to exterminate or annihilate them nor to torment a people which has already suffered a hard fate, I hope that we come to satisfactory terms in all matters that sometimes keep us apart. I personally have nothing against the Poles." with young medical students, and I quote page 149, paragraph 2, which is a statement by the Governor General:
"First of all one could say that this first ministry of health is something entirely now. This main department ministry of health will have to deal with important problems. There is among the physicians in this territory" -
Mr. President, I have just discovered that quite possiblyan error has occurred, since these statements on page 172 were not made by the Governor General himself but by the chief of the main department health. At any rate, I shall clarify the question and I shall submit the result to the Tribunal in writing.
I now pass on to page 155 of the document book. It is an entry which appears vital to me. It is dated the 14th of July, 1943, and it deals with the establishment of the secretariat of state for the security system.
THE PRESIDENT: It is not in our book, apparently. We haven't got a pace 155 and we haven't got a date, I think, of the 14th of July.
DR. SEIDL: 14th July, 1943. That must have been omitted. If the Tribunal would approve of this course, then I shall read the sentences in question into the record. There are only three sentences. It points out which disastrous consequences the establishment of the secretariat of state for the security system would have on the authority of the Governor General. A new police and SS government had tried to establish itself against the Governor General, which could only be suppressed with the greatest energy and at the very last moment. entry which deals with general questions of the Polish policy, and I am asking the Tribunal to take judicial notice of that document. by the Governor General. I quote it, page 1154 of the diary, which is an extract from the Governor General's speech:
"Today I have inaugurated the Chopin Museum in Cracow. Under the most difficult circumstances we have saved and brought to Cracow the most valuable remembrance pieces of the greatest Polish musician. I only wanted to say this in order to show you that I want to make a personal effort to put things in order in this country as far as is possible."
The last quotation is on rage 199 of Volume 2 of the docu-
ment book. It is an extract from a speech which the Reichsfuehrer SS Himmler made on the occasion of the introduction of the new SS and Police Leader in Cracow, and the speech was made before the members of the government and the higher 33 and Police Leaders. This is the speech which was referred to by the defendant Doctor Frank when he was examined. I quote the last line:
"The situation is known to all of you, Sixteen millions of foreigners and about two hundred thousand Germans live here. When we add to this the members of the police and Wehrmacht, perhaps three hundred thousand. These sixteen million foreigners, who were augmented in the past by a large number of Jews, but who have now emigrated or have been brought to the East, consist largely of Poles and to a lesser decree of Ukrainians." 200, the entry dated 14 December 1943. It is a speech which the Governor General made before officers of the air force, and I quote the second paragraph:
"Therefore, all should be done to keep the population quiet, peaceful and in order. Nothing should be done which unnecessarily creates unrest among the population. I mention here only one example: It would be wrong if in this territory we try to create large German settlements among this foreign peasant nation during the war. This attempt of mostly forced colonizing will first lead to tremendous unrest among the native peasant population. This in turn, with respect to performance, will bring about a tremendous loss in the harvest results and a falling off of the spring plowing and planting as well as other disadvantages It would also be wrong to take from the population by force the church or every possibility of leading a simple cultural life." graph:
"We must come to a considerate treatment of those territories and their population. To my own pleasure and that of all of our colleagues, I have found that this point of view has prevaile and that all that was formerly said against the alleged friendship with the Poles or against the softness of this kind of view, has shrunk into nothing before the facts."
your pardon; I meant Volume 3. Now I come to Volume 4 of the document book. took place on 25 January 1943 with the SS Obergruppenfuehrer Krueger. I quote the last paragraph:
"The Governor General stated that he had not been previously informed about the carrying out of the large-scale action to seize antisocial elements. This procedure was in opposition to the Fuehrer's decree of 7 May 1942, according to which the State Secretary for Security must obtain the concurrence of the Governor General before carrying out instructions by the Reichsfuehrer SS and Chief of German Police. State Secretary Krueger stated that this concerned a secret order which had to be carried out suddenly." that this is merely a single example of many similar conferences and differences of opinion. This is a meeting of the War Economic Staff and the Defense Committee on the 22 September 1943. I hope that the pages tally again
THE PRESIDENT: You said page 24, didn't you?
DR. SEIDL: Page 24, an entry of the 22nd September 1942.
THE PRESIDENT: It looks as though the paging is right. Our book is page 24 at the top, so perhaps you will continue to quote the page for a moment or two. We will see whether it goes on right.
DR. SEIDL: This is an entry dated the 22nd September 1943, a meeting of the War Economic Staff and the Defense Committee. I only quote the first lines:
"In the course of the past few months, in face of most difficult and senseless struggles, I have had to carry through the principle that the Poles should at last be given a sufficient quantity of food.
You all know the foolish attitude of considering the nations conquered by us as inferior, and that at a moment when the labor of these peoples represents one of the most important potentials of cur fight for victory. Through my opposition to this absurdity, which has caused most grievous harm to the German people, I personally, and many men of my government and many of you, have incurred the charge of being friendly towards the Poles or being weak with the Poles. For years now people nave not hesitated to attack my work of governing this area with the foulest arguments of this kind, and behind my tack to hinder the fulfilmen of these tasks. Now it has been proved as clear as day that it is insane to want to reconstruct Europe and at the same time persecut the European nations with such unequalled chicanery." entry dated 20 April 1943. It is a government meeting. I am merely asking the Tribunal to note the last final words of the Governor General's speech, page 38 of the document, page 41 of the diary.
Then I turn to page 39 of the document book. It is a meeting dated 22 July 1943, and I quote from the second paragraph, the tenth line:
"Especially difficult for us in this year was very generally the question of the resettlement. I can give you the good news that the resettling in general has, been discontinued completely for the rest of the war.
"As to the relocating of the industry, we are in full swing, that is now going on. As you know,--I personally put the greatest emphasis on it-we have to bypass this emergency for the Reich and we shall take over complexes of industry into the General Government in the coming months, provided with internationally-important names.
"With this question is to be considered the almost complete change of structure of the General Government forced upon us. As up to now we have always functioned as a country supplying the Reich with laborers, and as a farm and food productive country of Europe; within a very short time we shall become one of the most important industrial territories of Europe. I remind you of names like Krupp, Heinkel, Henschel, whose industries shall be moved into the General Government."
I now ask the Tribunal to turn page 41 of the document book. It is the report which has been mentioned by the witness Doctor Buehler and which he made on the 26th of October 1943. He had stated in connection with this report that the report was dealing with four years of reconstruction in the Government General, and that it had been base on the reliable information from the various chief departments. On pages 42 to 69 of the document book the Tribunal will find the actual report. I do not propose to quote, but I ask the Tribunal to take judicial notice of it. meeting dated the 16th February 1944. I quote the last paragraph of the document book:
"As opposed to this the fact must be established that the completion, the construction, the security of that which today constitutes the importance of this area were only possible at all because against these reflections by the theoreticians of main force, so completely untimely with reference to the war, it was necessary to bring the substance of this area, in both a human and material sense, into the service of the German war struggle in as positive a way as could be imagined."
and I quote the last paragraph on page 75, which is page 5 of the diary:
"The Governor General does not oppose as, a matter of principle the training of the younger generation for the priesthood and for the reason that if courses for doctors, et cetera, are being established, similar opportunities must also be created in the field of religion." evacuation of part of the population, that population which was in the fighting zone near Lublin. second paragraph:
"In this connection, President Gerteis spoke of the treatment of the Poles in the Reich. This treatment, said to be even worse than that of any other foreign workers, had led to this, that practically no Pole would apply voluntarily for work in Germany, There were 21 points on which the Polish workers in the Reich were treated worse than all other foreign workers.
"The Governor General requested President Gerteis to make known to him these 21 points for the abolishment of which he would intervene without fail."
I now ask the Tribunal to turn to page 100 of the document book. It is a conference on the 6th of June 1944 regarding a large-scale action against the partisans in the Bilgoraje Forest. On page 101,--that is page 4 of the Diary--I quote:
"The Governor General wants to be quite sure that care is taken to protect the harmless population, which was, suffering itself under the partisan terror." G overnor General on concentration camps. It is an entry dated 6 June 1944. I quote the last paragraph:
"The Governor G eneral declared that he would never sign such a decision, as it meant the sending of the one concerned into a concentration camp. He always had protested with the utmost vigor against the system of the concentration camps, as he saw in it the greatest offence against justice, and he had thought there wouldn't exist any concentration camps for such matters, but they probably have been put into operation silently. It only could be handled in a manner that the persons would be pardoned to jail or prison for a certain number of years.
"For instance, the punishment by prison terms be considered to be a punishment to be executed and supervised by authorities of the state. He therefore requests that State Secretary Dr. Buehler should be informed that he, the Governor G eneral, would not sign such decisions. He did not wish any official confirmation of the concentration camps. There existed no pardon to the effect that it would bring some one into a concentration camp. The summary courts are a function of State Justice with an especial meaning, consisting of Police exits; actually they should normally be occupied by members of the armed forces."
THE PRESIDENT: Dr. Seidl, can you explain the translation of the words at the botton of page 202 which are in English? "It only could be handled in a manner that the persons would be pardoned to jail or prison for a certain number of years." Can you explain that from the point of view of meaning.
DR. SEIDL: The meaning of the words becomes clear from the statement made by President Wille in the presious paragraph and where you will find the following statement. It is the tenth line from the top. "The reprieve Commission had asked the representative of the Security -Police Chief in which form this pardon should be carried out. As far as he knew, only in one case had the penalty been cancelled. In all other cases, whenever the penalty had been reduced, security police measures had been intituted. One had, therefore, become afraid that these people would disappear." Now, it was the point of view of the Government General that a reprieve, as far as the death sentence was concerned, a pardon to prison or penitentiary, was welcomed, but that he would refuse that, a death sentence should be transformed into a prison sentence if the police would at the same time introduce security police measures against the person in question.
THE PRESIDENT: You mean that it meant that pardon from a death sentence might be made by a reprieve for a sentence in prison for a certain number of years, but not by sending to a concentration camp, which would be for an indefinite period and under police methods?
DR. SEIDL: Yes, that is the sense. with the general treatment of the population in the Government General.
THE PRESIDENT: Dr. Seidl, you have been very much longer than you said, and the Tribunal thinks you might be able to cut down a great deal of this. It is all very much on the same lines.
DR. SEIDL: Yes. In that case, I am asking the Tribunal to turn to page 112 of the document book, an entry dated in July of '44 an entry which deals with the administration of art treasures and I quote the second paragraph:
"The Governor General gives orders to President Palezieux --"
THE PRESIDENT: You have already told us and given us some evidence to support the view that the defendant Frank was preserving the art treasures and was wishing them to be preserved in Poland and it is not necessary ybder these circumstances to go reading passages about it.
DR. SEIDL: Yes, I am asking the Tribunal to take notice of that entry and, if the Tribunal will agree to this course, I shall merely give you the pages of the documents and the book which appear important to me. that we cannot hear the speaker I am afraid.
THE PRESIDENT: Very Well, the Tribunal will adjourn (A recess was taken.)
DR. SEIDL: May it please the Court, I should like to only give the numbers of the pages of Volume 4 of the document book which seen most essential to me. Those are the pages 115, 121, 123, 134, 139, 152, and 182; that concludes Volume 4 of the document book.
I come to the last volume which will go considerably faster. Volume 5 deals exclusively with the accusations made by the Prosecution of the United States against the defendant Frank concerning his activity as President of the Academy for German Law, as President of the National Socialist Legal Organization, and similar positions. Volume 1, page 1, is a document which has already been submitted by the Prosecution as 1391-PS. It still has no USA number and will be Exhibit Frank No. 11. It is the law on the Academy for German Law with the statues and the tasks of that Academy.
I pass on to page 25 of the document book. That quotation becomes Exhibit Frank No. 12. It deals with a sentence of which the defendant has been accused: "Right is that which is useful to the people." That quotation shall prove only that the defendant Dr. Frank with that sentence wanted to express nothing else but what was already contained in the Roman sentence: "Salus publica suprema lex" "The supreme law is what serves the people." I shall ask the Court to take cognizance of this and pass on to page 26, an excerpt from the magazine for German Law of 1938, which will be the Exhibit Frank No. 13; and this quotation also deals with the aforementioned sentence: "Right is that which is useful to the people."
On page 30 is an excerpt from USA Exhibit 670 and deals with the final rally, the concluding rally on the day of German law at Leipzig, where the defendant Dr. Frank held a concluding speech before 25,000 lawyers.
I quote on page 31: "Only if the methods of legal protection are applied, if true judgements are passed and the legislative law ideal is clearly fulfilled that the community of the people can exist permanently. This legal method which permanently ensures the fulfillment of the tasks of the community has been given as a task to you, fellow guardians of the law. Ancient Germanic principles have come down to us through centuries.
"First. Nobody shall be judged who has not had the opportunity of defending himself.
"Second. Nobody shall lose the properties used by him in accordance with national standards, unless by decision of the judge. Honor, liberty, life proceed from work are such properties.
"Thirdly. Everyone who is under indictment, regardless of the kind of procedure, regardless of the reasons and application of whatever law must be given the possibility of taking a defense counsel who is able to make legal statements for him, he must get a hearing which is legal and objective in finding the decision." an address by the defendant Dr. Frank, held on a special educational session of the main division chiefs and Reich Group Directors of the National Socialist Lawyers Organization, on the 19th of November, 1941. That becomes Exhibit Frank No. 14.
I quote only a few sentences at the top of page 37. "Therefore, it is a very serious task which we have imposed upon ourselves and wemust always emphasize that it can be fulfilled only with courage and absolute self-sacrifice. I observe the development with great attention. I watch every anti-juridical tendency. From history I know only too well -- as you all do -- the attempts to seize far reaching power because one has weapons to shoot with and because one has some authority on the basis of which one can make-arrested people disappear. By this I do not mean the attempts undertaken by the SS, the SD and by the Central Police Office but primarily the attempts by many other agencies of the State and the Reich to exclude themselves from general jurisdiction."
I would like to quote the last five lines on page 41. Those were the last words on the occasion of that session: "One cannot debase law to a commercial item; one cannot sell it. It is there or it is not there. Law cannot be handled on the stock exchange. If justice is not supported the State loses its moral foundation; it sinks into the abyss of night and horror."
The next document is on page 42. It is first an address, one of the four large, long speeches which the defendant Dr. Frank held in 1942. This is the one had at Berlin at the University on the 8th of July 1942 and we will give it Exhibit Frank No. 15. I quote on page 44, second paragraph, seventh line:
"On the other hand it cannot be that in a state a member of the community is robbed of honor, liberty, life and property, that he is expelled and condemned without first being able to defend himself against the charges brought against him. The Armed Forces can serve us as a model in this. Every one is a free, honored member with equal rights in the community, until a judge -- standing independently above him, has weighed and judged between indictment and defense."
I then pass on to page 49 of the document book. That is the second of these four speeches which was held in Vienna and will become Exhibit No. 15.
THE PRESIDENT: We have already, had Frank Exhibit 15 on page 41.
DR. SEIDL: No, I beg your pardon; it will be 16. I quote only one sentence on page 51. "With all my convictions I shall state over and over again that it would be too bad should ideals advocating a police state be presented as distinctly national socialist ideals and old Germanic ideals of jurisdiction be put into the background entirely." document book. The speech is by the defendant Dr. Frank at the University of Munich, on the 20th of July 1942. That receives Exhibit Frank 17. I quote on page 58, line 16:
"But it is impossible to talk about national community and to regard the servants of the Law as expelled from this national community and to throw mud at them in the middle of the war.
The Fuehrer has transferred to me the tasks of the Reich leader of the Reich Legal Office and that of the leader of the National Socialistic Legal Guardianship League, and therefore it is my duty to declare it as harmful to German racial community if lawyers are called 'cesspool animals' in the 'Black Corps'." That is the speech held at Heidelberg on the 21st of duly 1942. That will be Hans Frank 18. I ask the Tribunal to take official notice of that speech. On page 69 I quote only one sentence: "But never should there be a police state, never. That I oppose." United States has already submitted under the No. USA 607, an excerpt from the diary, concluding the reflections and development of the past quarter year. In these reflections, Dr. Frank, in conclusion, states his position toward the concept of the legal state, and I ask the Tribunal to particularly take cognizance of his principal demand on page 74 and 75 of the document book. Here, Dr. Frank again stated the prerequisites which he considered necessary for the existence of any legal state.
I quote only a few lines from page 74:
"1) No fellow German can be convicted without regular court procedure, and o the basis of a law in effect before the act was committed.
"2) The procedure must-carry full guarantee that the accused will be interrogated on all matters pertaining to the indictment and that he is free to defend himself.
"3) The accused must be enabled at all stages of the trial to avail himself of the services of a defense counsel acquainted with the law.
"4) The defense counsel must have entire freedom of action and independance, in order that an even balance may be Secured between the state prosecutor and the defendant.
"5) The judge or the court must make the final decision quite freely - that is, the verdict must not be influenced by any irrelevant factors - in logical consideration of the subject matter and in just application of the content of the law.
"6) Then the punishment meted out by the sentence has been fulfilled, then the act had been atoned for.
"7) Measures for protective custody and security custody may not be undetake or carried out by police organs, any more than punishment of concentration camp inmates, except from this same point of view, that is, upon approval of the plan nod measure by the regular, independent judges.
"8) In the same manner, the administration of justice for follow Germans mus guarantee full safeguarding of individual interests in all relations pertaining to civil suits proper. " End of quotation.
THE PRESIDENT: Dr. Seidl, are there any passages in these documents which express the opinion that the same principles ought to be applied to others than fellow Germans?
DR. SEIDL: In this last quotation the defendant, Dr. Frank, as a matter of principle dealt with the questions of law without making any difference here between Germans and numbers of foreign nationalities. Also, in his capacity as Governor General, pricipally and always, he objected against the transfer of Poles, Ukrainians and Jews into concentration camps; and that can be seen from a whole number of entries in the diary.
With that I have come to the end of my material in the case of Dr. Frank. The there are only the answers on interrogatories by witnesses whose interrogatories have been approved by the court.
At a later date I shall submit these interrogatories, together with my document books, and have them translated and submit them to the Tribunal.
THE PRESIDENT: You are speaking of interrogatories where you have not yet got the answers; is that right?
DR. SEIDL: These are interrogatories where the answers have not yet been received.
THE PRESIDENT: Yes. Well, as soon as you have received them you will furnish them to the prosecution and to the Tribunal?
DR. SEIDL: Yes.
THE PRESIDENT: Dr. Pannenbecker.
DR. PANNENBECKER: (Counsel for Frick): Within the presentation of proof for the defendant Frick, I shall forego the calling of the defendant himself as a witness. problems of a formal authority but also with problems which lie between formal authority and actual responsibility. These are problems partly already clarified by the submission of documents. question of the actual relations of power as for as the police was concerned, but for that special field I have named the witness Dr. Gisevius. He is the only witness whose interrogation seems to be necessary in the case of Frick, Therefore, I forego the either witness.
I ask the Court's decision as to whether I shall call the witness Dr. Gisevius first or whether I should submit my documents first. If the presentation of documents should come first, I believe that I can finish it by the midday recess.
THE PRESIDENT: You can finish your documents before the adjournment, do you mean?
DR. PANNENBECKER: Yes. I believe so.
THE PRESIDENT: Untill 1:00 o'clock?
DR. PANNENBECKER: Yes.
THE PRESIDENT: Are you indifferent whether you call the witness first or whether you present the documents first?
DR. PANNENBECKER: Yes.
THE PRESIDENT: The Tribuanl thinks perhaps it would be more convenient to give the documents first. They hope that you will be able to finish them reasonably quickly.
DR. PANNENBECKER: Yes. I believe that is possible. Numbers 1,2 and 3 of the document book deal with material concerning the problem whether the preparation for aggressive war by Hitler had to be known to the members of the Reich Cabinet. I do not have to read the documents. They have already been submitted, and they show that Hitler informed of his plans for aggression exclusively these of his assistants who for their own work had to know of these plans, but not Frick, who was responsible for internal matters. the Administration of the Reich by the Reich Defense Law, which has already been submitted, of the 4th September 1938, USA Exhibit Number 36. paration of aggressive wars, but it shows only a collaboration in the inner administration, a general preparation and organization which could be useful in the case of a later war. document book Frick, in order to correct an apparent error. The defendant Frick himself has stated in an affidavit on 14 November 1945, that he had had that position ed Plenipotentiary for Reich Administration since may 1935. That is the date of the first Reich Defense Law, which has already been submitted as USA Exhibit Number 24. That first Reich Defense Law of 21 May 1935, however, does not contain the position of Plenipotentiary for Reich Administration, but that comes only in the second law of the 4th of September 1938.
The second law has been submitted under USA 36. According to this erroneous statement made by the defendant Frick, which he did without seeing the two laws before him, the Prosecution has also stated that Frick had held the position as Plenipotentiary for Reich Administration since 21 May 1935, whereas, in fact, he had held it only since the 4th of September 1938. That is the date of the second law. the Prosecution. They prove nothing else but the participation of the defendant Frick in the establishment of civil administration with a view to a possible future war.