2. THE NAZI PARTY LEADERSHIP CORPS
The Nazi Party Leadership Corps — it is proposed to demonstrate — was responsible for planning, directing, and supervising the criminal measures carried into execution by the Nazi Party, which was the central core of the common plan or conspiracy charged in Count I of the Indictment. Moreover, it will be shown, the members of the Leadership Corps themselves actively participated in the commission of illegal measures in aid of the conspiracy. In the light of the evidence to be discussed, the Leadership Corps may be fairly described as the brain, the backbone, and the directing arms of the Nazi Party. Its responsibilities are more massive and comprehensive than those of the army of followers who blindly and faithfully did its bidding.
A. Composition, Functions, Responsibilities, and Powers of the Leadership Corps.
In considering the composition and organizational structure of the Leadership Corps, preliminary reference is made to the organization chart of the Nazi Party (Chart Number 1) as well as a chart of the Leadership Corps of the Nazi Party appearing at page 9 of a magazine published by the chief Education Office of the Nazi Party entitled "Das Gesicht der Partei" (The Face of the Party). These charts and the evidence to follow show that the Leadership Corps constituted the sum of the officials of the Nazi Party: it included the Fuehrer; the Reichsleiter and Reich office holders; the five categories of leaders who were area commanders (called Hoheitstraeger, or "bearers of sovereignty") ranging all the way from the 40-odd Gauleiter in charge of large districts down through the intermediate political leaders to the Blockleiter, charged with looking after 40 to 60 households; and what may best be described as the Staff Officers attached to each of the 5 levels of Hoheitstraeger.
Organized upon a hierarchical basis, forming a pyramidal structure, the principal Political Leaders on a scale of descending authority were:
Reichsleiter (Reich Leaders) and Main Office and Office Holders
Gauleiter (District Leaders) and Staff Officers
Kreisleiter (County Leaders) and Staff Officers
Ortsgruppenleiter (Local Chapter Leaders) and Staff Officers
Zellenleiter (Cell Leaders) and Staff Officers
Blockleiter (Block Leaders) and Staff Officers
A large part of this and other evidence relating to the composition of the Leadership Corps of the Nazi Party is to be found in the 1943 edition of the Organization Book of the NSDAP, Dr. Robert Ley.
The Reichsleitung of the Leadership Corps consisted of the Reichsleiter or Reich Leaders of the Party, the Hauptaemter (Main Offices) and the Aemter (or Offices). The Reichsleiter of the Party were, next to Hitler, the highest officeholders in the Party hierarchy. All the Reichsleiter and Main Office and officeholders within the Reichsleitung were appointed by Hitler and were directly responsible to him. The Organization Book of the NSDAP puts it as follows:
"The Fuehrer appoints the following Political Directors:
"Reichsleiter and all Political Directors, to include the Directors of the Womens Leagues within the Reich Directorate or Reichsleitung." (1893-PS)
The significant fact is that through the Reichsleitung perfect coordination of Party and State machinery was guaranteed. The Party Manual describes it this way:
"In the Reichsleitung the arteries of the organization of the German people and of the German State merge." (1893-PS)
To demonstrate that the Reichsleiter of the Leadership Corps included the most powerful coalition of political overlords in Nazi Germany, it is necessary only to mention their names. The list of Reichsleiter includes the following defendants on trial: Rosenberg, Von Schirach, Frick, Bormann, and Ley.
The evidence to be presented will show that Rosenberg was the leader of an organization named for him, the Einsatzstab Rosenberg, which carried out a vast program of looting and plunder of art treasures throughout occupied Europe. The evidence will further show that, as Representative of the Fuehrer for the Supervision of Nazi Ideology and Schooling, Rosenberg participated in an aggressive campaign to undermine the Christian churches and to supersede Christianity by a German National Church founded upon a combination of irrationality, pseudo-scientific theories, mysticism, and the cult of the racial state.
It will be shown that the late Defendant Ley, acting as the agent of Hitler and the Leadership Corps, directed the Nazi assault upon the independent labor unions of Germany and before destroying himself first destroyed the free and independent labor movement; and that he replaced it by a Nazi organization, the German Labor front or DAF, which he employed as a means of exploiting the German labor force in the interests of the conspiracy and to instill Nazi ideology among the ranks of the German workers.
It will be shown that Frick participated in the enactment of many laws which were designed to promote the conspiracy in its several phases. Frick shares responsibility for the grave injury done by the officials of the Leadership Corps to the concept of the rule of law by virtue of his efforts to give the color of law and formal legality to a large volume of Nazi legislation violative of the rights of humanity, such as the legislation designed to stigmatize and eliminate the Jewish people of Germany and German-occupied Europe. As chief of the Party Chancellery, immediately under Hitler, Bormann was an extremely important force in directing the activities of the Leadership Corps. As will be shown, a decree of 16 January 1942 provided that the participation of the Party in all important legislation, governmental appointments, and promotions had to be undertaken exclusively by Bormann. He took part in the preparation of all laws and decrees issued by the Reich authorities and gave his assent to those of the subordinate governments.
The list of Reichsleiter of the NSDAP set forth in the National Socialist Yearbook (1943 Edition) shows that the following 15 Reichsleiter were in office in 1943 (2473-PS):
"THE REICHSLEITERS OF THE NSDAP "Max Amann … Reichsleiter for the Press. "Martin Bormann … Chief of the Party Chancery. "Phillip Bouhler … Chief of the Chancery of the Fuehrer of the NSDAP. Chairman of the official Party Investigation Commission for the Protection of National Socialist Writings. "Walter Darré … On leave. "Otto Dietrich … Reich Press Chief of the NSDAP. "Franz von Epp … Chief of the Kolonialpolitischen Amtes. "Karl Fiehler … Chief of the main office for Municipal Politics. "Wilhelm Frick … Leader of the National Socialist "faction" in the Reichstag. "Joseph Goebbels … Reich Propaganda Leader of the NSDAP. "Konstantin Hierl … Leader of the Reich Labor. "Heinrich Himmler … Reich Leader of the SS. The Deputy of the NSDAP, for all questions of Germandom. "Robert Ley … Reich Organization Leader of the NSDAP. Leader of the German Labor Front. "Victor Lutze … Chief of Staff of the SA. "Alfred Rosenberg … Representative of the Fuehrer for the supervision of all mental and ideological training and education of the NSDAP. "Baldur von Schirach … Reich Leader for the Education of Youth of the NSDAP. "Franz Xaver Schwarz … Reich Treasurer of the NSDAP." (2473-PS)
The principal functions of the Reichsleiter included carrying out the tasks and missions assigned to them by the Fuehrer or by the Chief of the Party Chancellery, Martin Bormann. The Reichsleiter were further charged with insuring that Party policies were being executed in all the subordinate areas of the Reich. The Reichsleiter were also responsible for insuring a continual flow of new leadership into the Party. With respect to the function and responsibilities of the Reichsleiter, the Organization Book of the NSDAP states as follows:
"The NSDAP represents the political conception, the political conscience, and the political will of the German nation. Political conception, political conscience, and political will are embodied in the person of the Fuehrer. Based on his directives and in accordance with the program of the NSDAP the organs of the Reich Directorate directionally determine the political aims of the German people. It is in the Reich Directorate that the arteries of the organization of the German people and the State merge. It is the task of the separate organs of the Reich Directorate to maintain as close a contact as possible with the life of the nation through their sub-offices in the Gau * * *
"The structure of the Reich Directorate is thus that the channel from the lowest Party office upwards shows the most minute weaknesses and changes in the mood of the people * * *
"Another essential task of the Reich Directorate is to assure a good selection of leaders. It is the duty of the Reich Directorate to see that there is leadership in all phases of life, a leadership which is firmly tied to National Socialist ideology and which promotes its dissemination with all its energy * * *
"* * * It is the supreme task of the Reich Organization Leader to preserve the Party as a well-sharpened sword for the Fuehrer." (1893-PS)
The domination of the German Government by the top members of the Leadership Corps was facilitated by a circular decree of the Reich Minister of Justice, dated 17 February 1934, which established equal rank for the offices within the Reichsleitung of the Leadership Corps and the Reich offices of the government. In this decree it was expressly provided that
"the supreme offices of the Reichsleitung are equal in rank to the supreme Reich Government authorities."
The Party Manual termed the control exercised over the machinery of government by the Leadership Corps "the permeation of the State apparatus with the political will of the Party."
Domination by the Leadership Corps over the German State and Government was facilitated by uniting in the same Nazi chieftains both high office within the Reichsleitung and corresponding offices within the apparatus of government. For example, Goebbels was a Reichsleiter in charge of Party propaganda, but he was also a cabinet minister in charge of Propaganda and Public Enlightenment. Himmler held office within the Reichsleitung as head of the Main Office for "Volkdom" and as Reichsfuehrer of the SS. At the same time, Himmler held the governmental position of Reich Commission for the Consolidation of Germandom and was the governmental head of the German police system (Chart Number-1). This personal union of high office in the Leadership Corps and high governmental position in the same Nazi Leaders greatly assisted the plan of the Leadership Corps to dominate and control the German State and Government.
In addition to the Reichsleiter, the Reichsleitung (Reich Party Directorate) included about eleven Hauptamter, or Main Offices, and about four Amter, or Offices. The Hauptamter of the Party included such main organizations as those for personnel, training, technology (headed by Speer), "Volkdom," (headed by Himmler), civil servants, communal policy, and the like. The Amter, or offices, of the Party within the Reichsleitung included the Office for Foreign Policy under Rosenberg which actively participated in plans for aggression against Norway, the Office for Colonial Policy, the Office for Geneology, and the Office for Racial Policy.
Certain of the main offices and offices within the Reichsleitung appeared again within the Gauleitung, or Gau Party Directorate, and Kreisleitung, or County Party Directorate. Thus, the Reichsleiter and main office and office holders within the Reichsleitung exercised, through functional channels running through subordinate offices on lower regional levels, total control over the various sectors of the national life of Germany.
(1) Gauleiter. For Party purposes Germany was divided into major administrative regions, Gaue, which, in turn, were subdivided into Kreise (counties), Ortsgruppen (local chapters), Zellen (cells), and Blocke (blocks). Each Gau was in charge of a Gauleiter who was the political leader of the Gau or district. Each Gauleiter was appointed by and was responsible to Hitler himself. The Organization Book of the NSDAP states:
"The Gau represents the concentration of a number of Party counties, or Kreise. The Gauleiter is directly subordinate to the Fuehrer. He is appointed by the Fuehrer. The Gauleiter bears overall responsibility to the Fuehrer for the sector of sovereignty entrusted to him. The rights, duties, and jurisdiction of the Gauleiter result primarily from the mission assigned by the Fuehrer and, apart from that, from detailed directives." (1893-PS)
The responsibility and function of the Gauleiter and his staff officers or office holders were essentially political, namely, to insure the authority of the Nazi Party within his area, to coordinate the activities of the Party and all its affiliated and supervised organizations, and to enlarge the influence of the Party over people and life in his Gau generally. Following the outbreak of the war, when it became imperative to coordinate the various phases of the German war effort, the Gauleiter were given additional important responsibilities. The Ministerial Council for the Defense of the Reich, which was a sort of general staff for civil defense and the mobilization of the German war economy, by a decree of 1 September 1939 (1939, Reichsgesetzblatt, Part I, page 1565), appointed about sixteen Gauleiter as Reich Defense Commissars. Later, under the impact of mounting military reverses and an increasingly strained war economy, more and more important administrative functions were put on a Gau basis; the Party Gaue became the basic defense areas of the Reich and each Gauleiter became a Reich Defense Commissar (Decree of the Ministerial Council for the Defense of the Reich of 16 November 1942, 1942 Reichsgesetzblatt, Part I, page 649). In the course of the war, additional functions were entrusted to the Gauleiter so that at the end, with the exception of certain special matters, such as police affairs, almost all phases of the German war economy were coordinated and supervised by them. For instance, regional authority over price control was put under the Gauleiter as Reich Defense Commissars, and housing administration was placed under the Gauleiter as Gau Housing Commissar. Toward the end of the war, the Gauleiter were charged even with military and quasi military tasks. They were made commanders of the Volkssturm in their areas and were entrusted with such important functions as the evacuation of civilian population in the path of the advancing Allied armies, as well as measures for the destruction of vital installations.
The structure and organization of the Party Gau were substantially repeated in the lower levels of the Party organization such as the Kreise, Ortsgruppen, Cells, and Blocks. Each of these was headed by a political leader who, subject to the Fuehrer principle and the orders of superior political leaders, was sovereign within his sphere. The Leadership Corps of the Nazi Party was in effect a "Hierarchy of descending caesars." Each of the subordinate Party levels, such as Kreise, Ortsgruppen, and so on, was organized into offices or Amter dealing with the various specialized functions of the Party. But the number of such departments and offices diminished as the Party unit dropped in the hierarchy, so that, while the Kreise office contained all, or most of the offices in the Gau (such as the deputy, the staff office leader, an organization leader, school leader, propaganda leader, press office leader, treasurer, judge of the Party Court, inspector, and the like), the Ortsgruppe had less and the Zellen and Blocke fewer still.
(2) Kreisleiter (County Leaders). The Kreisleiter was appointed and dismissed by Hitler upon the nomination of the Gauleiter and directly subordinate to the Gauleiter in the Party hierarchy. The Kreis usually comprised a single county. The Kreisleiter, within the Kreis, had in general the same position, powers, and prerogatives granted the Gauleiter in the Gau. In cities they constituted the very core of Party power and organization. According to the Organization Book of the NSDAP:
"The Kreisleiter carries over-all responsibility towards the Gauleiter within his zone of sovereignty for the political and ideological training and organization of the Political Leaders, the Party members, as well as the population." (1893-PS)
(3) Ortsgruppenleiter (Local Chapter Leaders). The area of the Ortsgruppenleiter comprised one or more communes or, in a town, a certain district. The Ortsgruppe was composed of a combination of blocks and cells and, according to local circumstances, contained up to 1500 households. The Ortsgruppenleiter also had a staff of office leaders to assist him in the various functional activities of the Party. All other political leaders in his area of responsibility were subordinate to and under the direction of the Ortsgruppenleiter. For example, the leaders of the various affiliated organizations of the Party, within his area, such as the German Labor Front, and the Nazi organizations for lawyers, students, and civil servants, were all subordinate to the Orstgruppenleiter. In accordance with the Fuehrer principle, the Ortsgruppenleiter or Local Chapter Leaders were appointed by the Gauleiter and were directly under and subordinate to the Kreisleiter.
The party Manual provides as follows with respect to the Ortsgruppenleiter:
"As Hoheitstraeger [Bearer of Sovereignty] all expressions of the Party will emanate from the Ortsgruppenleiter; he is responsible for the political and ideological leadership and organization within his zone of sovereignty.
"The Ortsgruppenleiter carries the over-all responsibility for the political results of all measures initiated by the offices, organizations, and affiliated associations of the Party. * * * The Ortsgruppenleiter has the right to protest to the Kreisleiter against any measures contrary to the interests of the Party with regard to an outside political appearance in public." (1893-PS)
(4) Zellenleiter (Cell Leaders). The Zellenleiter was responsible for four to eight blocks. He was the immediate superior of and had control and supervision over the Blockleiter (Block Leader). His mission and duties, according to the Party Manual, corresponded to the missions of the Blockleiter. (1893-PS)
(5) Blockleiter (Block Leaders). The Blockleiter was the one Party official who was peculiarly in a position to have continuous contact with the German people. The block was the lowest unit in the Party pyramidal organization. The block of the Party comprised 40 to 60 households and was regarded by the Party as the focal point upon which to press the weight of its propaganda. The organization Book of the NSDAP states:
"The household is the basic community upon which the block and cell system is built. The household is the organizational focal point of all Germans united in an apartment and includes roomers, domestic help, etc. * * * The Blockleiter has jurisdiction over all matters within his zone relating to the Movement and is fully responsible to the Zellenleiter. * * *" (1893-PS)
The Blockleiter, as in the case of other political leaders, was charged with planning, disseminating, and developing a receptivity to the policies of the Nazi Party among the population in his area of responsibility. It was also the expressed duty of the Blockleiter to spy on the population. According to the Party Manual:
"It is the duty of the Blockleiter to find people disseminating damaging rumors and to report them to the Ortsgruppe so that they may be reported to the respective State authorities. "The Blockleiter must not only be preacher and defender of the National Socialist ideology towards the members of nation and Party entrusted to his political care, but he must also strive to achieve practical collaboration of the Party members within his block zone * * *."
"The Blockleiter shall continuously remind the Party members of their particular duties towards the people and the State * * * The Blockleiter keeps a list (card file) about the households * * * In principle, the Blockleiter will settle his official business verbally and he will receive messages verbally and pass them on in the same way. Correspondence will only be used in cases of absolute necessity * * * The Blockleiter conducts National Socialist propaganda from mouth to mouth. He will eventually awaken the understanding of the eternally dissatisfied as regards the frequently misunderstood or wrongly interpreted measures and laws of the National Socialist Government * * * It is not necessary to him to fall in with complaints and gripes about possibly obvious shortcomings of any kind in order to demonstrate * * * solidarity * * * A condition to gain the confidence of all people is to maintain absolute secrecy in all matters." (1893-PS)
There were in Germany around a half million of these Blockleiter. Large though this figure may appear, there can be no doubt that these officials were in and of the Leadership Corps of the Nazi Party. Though they stood at the broad base of the Party pyramid rather than at its summit, where rested the Reichsleiter, by virtue of this fact they were stationed at close intervals throughout the German civil population. It may be doubted that the average German ever looked upon the face of Heinrich Himmler. But the man in the street in Nazi Germany could not have avoided an uneasy acquaintance with the Blockleiter in his neighbourhood. It was the block leaders who represented to the people of Germany the police-state of Hitler's Germany. In fact, the Blockleiter were little fuehrers with real power over the civilians in their domains. The authority of the Blockleiter to exercise coercion and the threat of force upon the civil population is shown in an excerpt from page 7 of the magazine published by the Chief Education Office of the Party, entitled "The Face of the Party":
"Advice and sometimes also the harsher form of education is employed if the faulty conduct of an individual harms this individual himself and thus also the community."
(6) Hoheitstraeger. Within the Leadership Corps of the Nazi Party certain of the Political Leaders possessed a higher degree of responsibility than others, were vested with special prerogatives, and constituted a distinctive and elite group. These were the so-called "Hoheitstraeger" (Bearers of Sovereignty) who represented the Party within their area of jurisdiction, the so-called Hoheitsgebiet. The Party Manual (1893-PS) states as follows:
"Among the Political Leaders, the Hoheitstraeger assumed a special position. Contrary to the other Political Leaders who have departmental missions, the Hoheitstraeger themselves are in charge of a geographical sector known as the Hoheitsgebiet [Sectors of Sovereignty].
"Hoheitstraeger are: "The Fuehrer The Gauleiter The Kreisleiter The Ortsgruppenleiter The Zellenleiter The Blockleiter "Hoheitsgebiet are: "The Reich The Gau The Kreis The Ortsgruppe The Zelle The Block.
"Within their sector of sovereignty the Hoheitstraeger have sovereign political rights. They represent the Party within their sector. The Hoheitstraeger supervise all Party Officers within their jurisdiction and * * * are responsible for the maintenance of discipline. * * * The directors of offices, etc., and of the affiliated organizations are responsible to their respective Hoheitstraeger as regards their special missions. * * * The Hoheitstraeger are superior to all Political Leaders, managers, etc., within their sector. As regards personal considerations, Hoheitstraeger * * * are endowed with special rights.
"The Hoheitstraeger of the Party are not to be administrative officials * * * but are to move in a continuous vital contact with the Political Leaders of the population within their sector. The Hoheitstraeger are responsible for the proper and good supervision of all members of the nation within their sectors * * *.
"The Party intends to achieve a state of affairs in which the individual German will find his way to the Party * * *." (1893-PS)
The distinctive character of the Politischer Leiter (Political Leaders) constituting the Hoheitstraeger, and their existence and operation as an identifiable group, are indicated by the publication of a magazine, entitled Der Hoheitstraeger, whose distribution was limited by regulation of the Reich Organization Leader to the Hoheitstraeger and certain other designated Politischer Leiter. The inside cover of this exclusive Party magazine reads as follows:
"DER HOHEITSTRAEGER, the contents of which is to be handled confidentially, serves only for the orientation of the competent leaders. It may not be loaned out to other persons * * *" [then follows a list of the Hoheitstraeger and other Political Leaders authorized to receive the magazine.] (2660-PS)
The magazine states that, in addition, the following were entitled to receive it:
"Commandants, Unit Commanders and Candidates of Order Castles; the Reich, Shock Troop and Gaue Speakers of the NSDAP; the Lieutenant Generals and Major Generals of SA, SS, NSFK, and NSKK; Lieutenant Generals and Major Generals of the HJ." (2660-PS)
The fact that this magazine existed, that it derived it name from the Commanding Officers of the Leadership Corps, that it was distributed to the elite of the Leadership Corps-that a House Bulletin was circulated down the command channels of the Leadership Corps-demonstrates that the Leadership Corps of the Nazi Party was an identifiable group or organization within the meaning of Article 9 of the Charter.
An examination of the contents of the magazine Der Hoheitstraeger reveals a continuing concern by the Leadership Corps of the Nazi Party in measures and doctrines which were employed throughout the course of the conspiracy. The plans and policies of the inner elite of the Leadership Corps gain clarity through a random sampling of articles published and policies advocated in various issues of the magazine Der Hoheitstraeger. From February 1937 to October 1938 these included the following: Anti-Semitic articles, attacks on Catholicism and the Christian religion and clergy; the need for motorized armament; the urgent need for expanded Lebensraum and colonies; persistent attacks on the League of Nations; the use of the Block and Cell in achieving favorable votes in Party plebiscites; the intimate association between the Wehrmacht and the Political Leadership; the racial doctrines of Fascism; the cult of "leadership"; the role of the Gaue, Ortsgruppen, and Zellen in the expansion of Germany; and related matters.
(a) Organization of Political Leaders. The Political Leaders were organized according to the leadership principle (1893-PS):
"The basis of the Party organization is the Fuehrer thought. The public is unable to rule itself either directly or indirectly * * * All Political Leaders stand as appointed by the Fuehrer and are responsible to him. They possess full authority toward the lower echelons * * * Only a man who has absorbed the school of subordinate functions within the Party has a claim to the higher Fuehrer offices. We can only use Fuehrers who have served from the ground up. Any Political Leader who does not conform to these principles is to be dismissed or to be sent back to the lower offices, as Blockleiter, Zellenleiter for further training * * *
"The Political Leader is not an office worker but the Political Deputy of the Fuehrer * * * Within the political Leadership, we are building the Political Leadership of the state * * * The type of the Political Leader is not characterized by the office which he represents. There is no such thing as a Political Leader of the NSBO, etc., but there is only the Political Leader of the NSDAP." (1893-PS)
Each Political Leader was sworn in yearly. According to the Party Manual (1893-PS), the wording of the oath was as follows:
"I pledge eternal allegiance to Adolf Hitler. I pledge unconditional obedience to him and the Fuehrers appointed by him." (1893-PS)
The Organization Book of the NSDAP also provides:
"The Political Leader is inseparably tied to the ideology and the organization of the NSDAP. His oath only ends with his death or with his expulsion from the National Socialist community." (1893-PS)
(b) Appointment of Political Leaders. The appointment of the political leaders constituting the Leadership Corps of the Nazi Party proceeded as follows, according to the Party Manual:
"The Fuehrer appointed the following Political Leaders:
"a. All Reichsleiter and all Political Leaders within the Reichsleitung [Reich Party Directorate], including women's leaders.
"b. All Gauleiter, including the Political Leaders holding offices in the Gauleitung [Gau Party Directorate], including Gau women leaders.
"c. All Kreisleiter.
"The Gauleiter appointed:
"a. The Political Leaders and directors of women's leaders within the Gau Party Directorate.
"b. The Political Leaders and directors of women's leagues in the Kreis Party Directorate.
"c. All Ortsgruppenleiter.
"The Kreisleiter appoints the Political Leaders and the Directors of the Women's Leagues of the Ortsgruppen including the Block and Cell Leaders." (1893-PS)
c. Power of Hoheitstraeger to Call Upon Party Formations. The Hoheitstraeger among the Leadership Corps were entitled to call upon and utilize the various Party Formations as necessary for the execution of Nazi Party policies.
The Party Manual makes it clear that the Hoheitstraeger has power and authority to requisition the services of the SA:
"The Hoheitstraeger is responsible for the entire political appearance of the Movement within his zone. The SA leader of that zone is tied to the directives of the Hoheitstraeger in that respect.
"The Hoheitstraeger is the ranking representative of the Party to include all organizations within his zone. He may requisition the SA located within his zone from the respective SA leader if they are needed for the execution of a political mission. The Hoheitstraeger will then assign the mission to the SA * * *
"Should the Hoheitstraeger need more SA for the execution of political mission than is locally available, he then applies to the next higher office of sovereignty which, in turn, requests the SA from the SA office in his sector." (1893-PS)
The Hoheitstraeger also had the same authority to call upon the services of the SS and NSKK (1893-PS).
The Hoheitstraeger further, had authority to call upon the services of the Hitler Youth (HJ):
"The Political Leader has the right to requisition the HJ in the same manner as the SA for the execution of a political action.
"In appointing leaders of the HJ and the DJ, the office of the HJ must procure the approval of the Hoheitstraeger of his zone. This means that the Hoheitstraeger can prevent the appointment of leaders unsuited for the leadership of youth. If his approval has not been procured, an appointment may be cancelled if he so requests." (1893-PS)
An example of the use of the Party Formations at the call of the Leadership Corps of the Party is provided by the action taken by the Reichsleiter for Party Organization of the NSDAP, Dr. Robert Ley, leading to the deliberate dissolution of the Free Trade Unions on 2 May 1933. A directive issued by Reichsleiter Ley on 21 April 1933 (392-PS) ordered the employment of the SA and the SS in occupying trade union properties and in taking trade union leaders into protective custody:
"* * * SA as well as SS are to be employed for the occupation of trade union properties and for the taking of personalities who come into question into protective custody:
"The Gauleiter (i.e. Regional Director) is to proceed with his measures on a basis of the closest understanding with competent Regional Factory Cells Director. * * *
"The following are to be taken into protective custody:
"All Trade Union Chairmen; the District Secretaries and the Branch Directors of the 'Bank for Workers, Employees and Officials, Inc.'" (392-PS)
A decree issued by Hess as Deputy of the Fuehrer, dated 25 October 1934, underwrites the authority of the Hoheitstraeger with respect to the Party Formations:
"The political leadership within the Party and its political representation towards all offices, State or others, which are outside of the Party, lie solely and exclusively with the Hoheitstraeger, which is to say with me, the Gauleiter, Kreisleiter, and Ortsgruppenleiter * * *.
"The departmental workers of the Party organization, as well as Reichsleiter, office directors, etc., as well as the leaders of the SA, SS, HJ and the subordinate affiliations, may not enter into binding agreements of a political nature with State and other offices except when so authorized by their Hoheitstraeger.
"In places where the territories of the units of the SA, SS, HJ and the subordinate affiliations do not coincide with the zones of the Hoheitstraeger, the Hoheitstraeger will give his political directives to the ranking leader of each unit within his zone of sovereignty." (2474-PS)
It was the official policy of the Leadership Corps to establish close and cooperative relations with the Gestapo. The Head of the German Police and SS, Himmler, was a Reichsleiter on the top level of the Leadership Corps. A decree issued by Bormann, as Chief of Staff of the Deputy of the Fuehrer, dated 26 June 1935, provided the following:
"In order to effect a closer contact between the offices of the Party and its organizations with the Directors of the Secret State Police [Gestapo], the Deputy of the Fuehrer requests that the Directors of the Gestapo be invited to attend all of the larger official rallies of the Party and its organization."
(d) Meetings of the Political Leaders. The contention of the Prosecution that the members of the Leadership Corps constituted a distinctive and identifiable group or organization is strongly supported by the fact that the various Hoheitstraeger (such as the Gauleiter, Kreisleiter, Ortsgruppenleiter, and so on) were under an absolute obligation to meet and confer periodically, not only with the staff officers on their own staffs, but with the political leaders and staff officers immediately subordinate to them. For example, the Gauleiter was bound to confer with his staff officers (such as his deputy, his staff office leader, his organization leader, school leader, propaganda leader, press leader, his Gau Party Judge, and so on) every 8 to 14 days. Furthermore, the Gauleiter was obligated to meet with the various Gauleiter subordinate to him once every 3 months for a 3-day convention for the purpose of discussing and clarifying Nazi Party policies and directives, for hearing basic lectures on Party policy, and for the mutual exchange of information pertinent to the Party's current program. The Gauleiter was also obligated to meet at least once a month with the leaders of the Party formations and affiliated organizations within his Gau area, such as the leaders of the SA, SS, Hitler Youth and others. These matters are set forth in the Organization Book of the NSDAP (1893-ps) as follows:
"Leader conferences in the District:
"(a) District Leaders (Gauleiter) with his staff every 8 to 14 days.
"(b) It is further absolutely necessary that the directors of the Gau offices will meet with the county directors of their district once every three months for a three-day convention (possibly at a district schooling castle) where they will have an opportunity to overcome difficulties of personal and professional nature, apart from hearing fundamental lectures, by social gatherings in the presence of the bearer of the sovereignty, by getting to know each other and by a mutual exchange of ideas. Participation in these conferences is compulsory and duty would not constitute an excuse under any circumstances.
"(c) The arrangement of social meeting in the presence of leaders of the organizations of RAD and NSFK of the respective zone of sovereignty. In the course of these meetings differences of opinion may be straightened out in discussions.
"(d) The bearer of sovereignty will meet at least once a month with the leaders of the SA, SS, NSKK, HJ, as well as the RAD and the NSFK who are within the zone for the purpose of mutual orientation." (1893-PS)
The Organization Book of the Party imposes a similar requirement of regular and periodical conferences and meetings upon all the other Hoheitstraeger, including the Kreisleiter, Ortsgruppenleiter, Zellenleiter, and Blockleiter.
The clear consequence of such regular and obligatory conferences and meetings by all the Hoheitstraeger, both with their own staff officers and with the political leaders and staff officers subordinate to them, was that basic Nazi policies and directives issued by Hitler and the leader of the Party Chancellery, Bormann, directly through the chain of command of the Hoheitstraeger, and functional policies issued by the various Reichsleiter and Reich office holders through functional and technical channels, were certain to be brought to the attention and understanding of the bulk of the membership of the Leadership Corps. When this fact is coupled with the further fact that all the members of the Leadership Corps under the Leadership Principle and their sworn oaths, were bound to obey blindly and without question orders received from their competent superiors, it is clear that the general membership of the Leadership Corps is responsible for measures taken or ordered by that organization in furtherance of the conspiracy.
(7) Statistics Relating to the Leadership Corps. As previously shown, the Leadership Corps comprised the sum of officials of the Nazi Party, including, in addition to Hitler and the members of the Reichsleitung, such as the Reichsleiter and the Reich office holders, a hierarchy of Hoheitstraeger (ranging from the Gauleiter down to the Blockleiter) as well as the staff officers attached to the Hoheitstraeger. According to page 10 of issue No. 8, 1939 of the authoritative publication of the Leadership Corps, "Der Hoheitstraeger," there were in 1939:
40 Gaue and 1 Foreign Organization Gau … each led by a Gauleiter. 808 Kreise … each led by a Kreisleiter. 28,376 Ortsgruppen … each led by a Ortsgruppenleiter. 89,378 Zellen … each led by a Zellenleiter. 463,048 Blocke … each led by a Blockleiter. (2958-PS)
However, as shown by previous evidence, the Leadership Corps was composed not only of the Hoheitstraeger (such as Gauleiter, Kreisleiter, Ortsgruppenleiter, Zellenleiter, and Blockleiter) but also of the staff officers or office holders attached to these Hoheitstraeger. The Gauleiter, for example, was assisted by a deputy Gauleiter, several Gau inspectors, and a staff which was divided into main offices (Hauptamter) and offices (Amter), including such departments as the Gau staff Office, Treasury, Education Office, Propaganda Office, Press Office, University Teachers, Communal Policy, etc. As previously shown in evidence, the staff office structure of the Gau was substantially represented in the lower levels of the Leadership Corps organization such as the Kreise, Ortsgruppen, and so on. The Kreise and the smaller territorial areas of the Party were also organized into staff offices dealing with the various activities of the Leadership Corps. But, of course, the importance and the number of such staff offices diminished as the unit dropped in the hierarchy; so that, while the Kreisleiter staff contained all or most of the departments mentioned for the Gau, the Ortsgruppe had fewer departments and the lower ones fewer still.
Firm figures have not been found as to the total number of staff officers, as distinguished from the Hoheitstraeger or political commanders themselves included within the Leadership Corps.
It is the view of the prosecution that in defining the scope and composition of the Leadership Corps, staff officers should be included only down to and including the Kreise. Upon this basis, the Leadership Corps of the Nazi Party constituted the Fuehrer, the members of the Reichsleitung, the 5 levels of Hoheitstraeger (ranging from Gauleiter down through the Blockleiter), and the staff officers attached to the 40-odd Gauleiter and the eight to nine hundred Kreisleiter. Adopting this definition of the Leadership Corps, it will be seen that the total figure for the membership of that organization, based upon the statistics cited from the basic handbook for Germany, amounts to around 700,000.
It is true that this figure is based upon an admittedly limited view of the size of the membership of the Leadership Corps of the Nazi Party; for the evidence has shown that the Leadership Corps in effect embraced staff officers attached to the subordinate Hoheitstraeger, and inclusion of such staff officers in the estimation of the size of the Leadership Corps would have very considerably enlarged the final figure estimated to a total of 2,000,000. The Prosecution, however, proposes to exclude such subordinate staff officers for the reason that their participation in and responsibility for the Conspiracy were measurably less extensive than those of the staff officers and office holders on the higher levels of the Leadership Corps. The subordinate staff officers thus excluded were responsible functionally to the higher staff officers with respect to their particular specialty, such as propaganda, Party organization, and so on, and to their respective Hoheitstraeger with respect to discipline and policy control. Likewise, such higher staff officers participated in planning and policy discussions, and also issued orders through technical channels to lower staff officers.
B. Participation of the Leadership Corps in the Conspiracy.
The Program of the Nazi Party, proclaimed by Hitler, the Fuehrer of the Leadership Corps, on 24 February 1920 (1708-PS), contained the chief elements of the Nazi plan for domination and conquest. The first point required the incorporation of all Germans into a Greater German Reich. Point 2 demanded unilateral abolition of the Peace Treaties of Versailles and St. Germain. Point 3 stated the demand for "land and soil" (colonies). Point 4 proclaimed the Nazi doctrines of racial discrimination and anti-Semitism. Point 6 proclaimed the fight against the democratic-parliamentary system, as follows:
"* * * We demand that every public office, of any sort, whatsoever, whether in the Reich, the county or municipality, be filled only by citizens. We combat the corrupting parliamentary economy, office-holding only according to Party inclinations without consideration of character or abilities." (1708-PS)
Point 22 expressed the Nazi plans and policies for rearmament as follows:
"We demand the abolition of the Mercenary troops and formation of a National Army." (1708-PS)
The official Party Program declares on its face that:
"The program is the political foundation of the NSDAP and accordingly the primary political law of the State * * * "All legal precepts are to be applied in the spirit of the Party Program.
"Since the taking over of control, the Fuehrer has succeeded in the realization of the essential portions of the Party Program from the fundamentals to the details.
"The Party Program of the NSDAP was proclaimed on 24 February 1920 by Adolf Hitler at the first large Party gathering in Munich and since that day has remained unaltered * * * The National Socialist philosophy is summarized in 25 points." (1708-PS)
As previously stated, the Party Program was binding upon the Political Leaders of the Leadership Corps, and they were under a duty to support and carry out that Program. As the Party Manual puts it:
"The Commandments of the National Socialists:
"The Fuehrer is always right * * *.
"The Program be your dogma.
"It demands your utter devotion to the Movement * * *.
"Right is what serves the Movement and thus Germany.
"*. * * Leader Corps is responsible for the complete penetration of the German Nation with the National Socialist spirit * * *." (1893-PS)
The oath of the Political Leader to Hitler has been previously referred to. In connection therewith, the Party Manual provides:
"The Political Leader is inseparably tied to the ideology and the organization of the NSDAP. His oath only ends with his death or with his expulsion from the National Socialist community." (1893-PS)
While the leadership principle assured the binding nature of Hitler's statements, program, and policies upon the entire Party and the Leadership Corps, the leadership principle also established the full responsibility of the individual Political Leader within the province and jurisdiction of his office or position.
The leadership principle applied not only to Hitler as the supreme leader, but also to the Political Leaders under him, and thus permeated the entire Leadership Corps:
"The basis of the party Organization is the Fuehrer thought * * * All Political Leaders stand as appointed by the Fuehrer and are responsible to him. They possess full authority toward the lower echelons * * *." (1893-PS)
The various Hoheitstraeger of the Leadership Corps were, in their respective areas of responsibility, themselves Fuehrer:
"Within their sector of sovereignty, the Hoheitstraeger (Gauleiter, Kreisleiter, Ortsgruppenleiter, Zellenleiter, Blockleiter) have sovereign political rights * * * They are responsible for the entire political situation within their sector * * *" (1893-PS)
As stated in the Organization Book of the NSDAP
"The Party is an order of 'Fuehrer'." (1814-PS)
The subjection of the entire membership of the Leadership Corps to the fiat of the Fuehrer Principle is clearly shown in the following passage from the Party Manual:
"* * * a solid anchorage for all the organizations within the party structure is provided and a firm connection with the sovereign leaders of the NSDAP is created in accordance with the Fuehrer Principle." (1814-PS)
(1) Domination and Control of the German State and Government by the Nazi Party, directed by the Leadership Corps. On 23 March 1933 the Reichstag enacted a law conferring power on the Reich Cabinet to legislate on its own authority (2001-PS). Prominent members of the Leadership Corps of the Nazi Party were members of the Reich Cabinet. The presence of Reichsleiter and other prominent members of the Leadership Corps in the Cabinet facilitated the domination of the Cabinet by the Nazi Party and the Leadership Corps. For example, a decree of 13 March 1933 established the Ministry of Public enlightenment and Propaganda. The head of this ministry was Goebbels, who simultaneously was Reichsleiter for Propaganda of the NSDAP (2029-PS). Examples of personal union between high officials in the Leadership and Cabinet membership existed in the case of the Food Minister, the chief of the German Police, the Reich Labor Leader, the Chief of the Party Organization in Foreign Countries, and the Reich Youth Fuehrer (2473-PS). Moreover, the majority of the Reich Ministries were occupied by leading old Party Members. All Reich Ministers were accepted by the Party on 30 January 1937 and were decorated with the Golden Party Insignia. (1774-PS)
A law of 14 July 1933 outlawed and forbade the formation of any political parties other than the Nazi Party and made violation of this decree a punishable crime. Thereby the one party State was established and the Leadership Corps was rendered immune from the opposition of organized political groups. This Law Against the Formation of New Political Parties reads as follows:
"The National Socialist German Workers' Party constitutes the only political party in Germany. Whoever undertakes to maintain the organizational structure of another political party or to form a new political party will be punished with penal servitude up to three years or with imprisonment of from six months to three years, if the deed is not subject to a greater penalty according to other regulations." (1388-PS)
A law was enacted on 20 July 1933 providing for the dismissal of officials who belonged to the Communist Party or who were otherwise active in furthering the aims of Communism. The law also provided for the dismissal of those who were in the future active for Marxism, Communism, or Social Democracy (Law to Supplement the Law for the Restoration of the Professional Civil Service, 20 July 1933, (1933 Reichsgesetzblatt, Part I, page 518). (1398-PS)
On 13 October 1933 a "law to guarantee public peace" was enacted which provided, inter alia, that the death penalty or other severe punishment should be imposed upon any person who-
"* * * undertakes to kill a member of the SA or the SS, a trustee or agent of the NSDAP * * * out of political motives or on account of their official activity." (1394-PS)
On 1 December 1933 a law was enacted "to secure the unity of Party and State." This law provided that the Nazi Party was the pillar of the German State, and was linked to it indissolubly; it also made the Deputy of the Fuehrer (then Hess) and the Chief of Staff of the SA (then Roehm) members of the Reich Cabinet (1395-PS). The pertinent provisions of this law read as follows:
"After the victory of the National socialist Revolution, the National Socialistic German Labor Party is the Bearer of the concept of the German State and is inseparably the State. It will be a part of the public law. Its organization will be determined by the Fuehrer * * *.
"The Deputy of the Fuehrer and the Chief of Staff of the SA will become members of the Reich Government in order to insure close cooperation of the offices of the Party and SA with the public authorities * * *." (1395-PS)
This law was a basic measure in enthroning the Leadership Corps in a position of supreme political power in Germany. For it laid it down that the Party, directed by the Leadership Corps, was the embodiment of the State and, in fact, was the State. Moreover, this law made both the Fuehrer's Deputy and the Chief of Staff of the SA, which was a Party Formation subject to the call of the Hoheitstraeger, Cabinet Members. Thus, the Leadership Corps' control of the Cabinet was further solidified. The dominant position of the Leadership Corps is further revealed by the provision that the Reichs-Chancellor would issue the regulations carrying out this law in his capacity as Fuehrer of the Nazi Party. The fact that Hitler, as Fuehrer of the Leadership Corps, could promulgate rules which would have statutory force and be published in the Reichsgesetzblatt, the proper compilation for State enactments, is but a further reflection of the reality of the Party's domination of the German State.
In a declaration to the 1938 Party Congress at Nurnberg, Hitler stated:
"It is not the State which gives orders to us, it is we who give orders to the State." (2775-PS)
That categorical statement of the Fuehrer of the Leadership Corps affirms the dominance of Party over State which the evidence makes undeniably clear.
On 30 June 1934 Hitler, as Head of the Nazi Party, directed the massacre of hundreds of SA-men and other political opponents. Hitler sought to justify these mass murders by declaring to the Reichstag that "at that hour I was responsible for the fate of the German nation and supreme judge of the German people." (The evidence relating to these events is discussed in Section 4, infra.) On 3 July 1934 the Cabinet issued a decree describing the murders of 30 June 1934, in effect, as legitimate self-defense by the State. By this law the Reich Cabinet made themselves accessories after the fact of these murders. The domination of State by Party, however, makes the Cabinet's characterization of these criminal acts by Hitler and his top Party Leaders as state measures consistent with political reality. The single article of the law of 3 July 1934 reads as follows:
"The measures taken on 30 June and 1 and 2 July 1934 to counteract attempt at treason and high treason shall be considered as national emergency defense." (2057-PS)
On 12 July 1934 there was enacted a law defining the function of the Academy for German law:
"Closely connected with the agencies competent for legislation, it [the Academy] shall further the realization of the National Socialist program in the realm of the law." (1391-PS)
On 30 January 1933, Hitler, the Leader of the Nazi Party and Fuehrer of the Leadership Corps, was appointed Chancellor of the Reich. When President von Hindenburg died in 1934, the Fuehrer amalgamated in his person the offices of Chancellor and Reich President. (2003-PS)
By a decree of 20 December 1934 Party uniforms and institutions were granted the same protection as those of the State. This law was entitled "Law Concerning Treacherous Acts Against the State and Party, and for the Protection of Party Uniforms." This law imposed heavy penalties upon any person making false statements injuring the welfare or prestige of the Nazi Party or its agencies. It authorized the imprisonment of persons making or circulating malicious or baiting statements against leading personalities of the Nazi Party. And it provided punishment by forced labor for the unauthorized wearing of Party uniforms or symbols. (1393-PS)
By a law of 15 September 1934, the Swastika flag of the Party was made the official flag of the Reich (2079-PS). This law, enacted by the Reichstag, indicates on its face that it issued from Nurnberg on the Party Day of 15 September 1935. article 2 of this law reads as follows:
"The Reich and National flag is the swastika flag." (2079-PS) The Swastika was the flag and symbol of the Leadership Corps of the Nazi Party. The law making it the flag of the State constituted a recognition that the Party and its Corps of Political Leaders were the sovereign powers in Germany.
On 23 April 1936, a law was enacted granting amnesty for crimes which the offender had committed "in his eagerness to fight for the National Socialist Ideal." (1386-PS)
In furtherance of the Conspiracy to acquire totalitarian control over the German people, a law was enacted on 1 December 1936, which incorporated the entire German youth within the Hitler Youth, thereby achieving a "total mobilization of German youth" (1392-PS). The law further provided that the task of educating the German youth through the Hitler Youth was entrusted to the Reichsleiter of German Youth in the NSDAP. By this law a monopoly control over the entire German youth was placed in the hands of a top official, a Reichsleiter, of the Leadership Corps of the Nazi Party, the defendant von Schirach.
On 4 February 1938, the Fuehrer of the Leadership Corps of the NSDAP, Hitler, issued a decree in which he took over directly the command of the whole Armed Forces (1915-PS). In this decree, Hitler declared, in part, as follows:
"From now on, I take over directly the command of the whole Armed Forces." (1915-PS)
By the decree of 4 February 1938, Hitler became Supreme Commander of the Armed Forces. He was, at the time of its issuance, Fuehrer of the Leadership Corps of the Nazi Party. By virtue of the earlier law of 1 August 1934, he combined the office of Reich President with that of the Chancellorship. In the final result, therefore, Hitler was Supreme Commander of the Armed Forces, Head of the German State, and Fuehrer of the Nazi Party.
With respect to the foregoing point, the Party Manual (1893-PS) States as follows:
"* * * the Fuehrer created the National Socialist German Workers' Party. He filled it with his spirit and his will and with it he conquered the power of the State on 30 January 1933. the Fuehrer's will is supreme in the Party.
"By authority of the law about the Chief of State of the German Reich, dated 1 August 1934, the office of the Reich President has been combined with that of the Reich Chancellery. Consequently, the powers heretofore possessed by the Reich President were transferred to the Fuehrer, Adolf Hitler. Through this law, the conduct of Party and State has been combined in one hand. By desire of the Fuehrer, a plebiscite was conducted on this law on 19 August 1934. On this day, the German people chose Adolf Hitler to be their sole leader. He is responsible only to his conscience and to the German nation." (1893-PS)
A decree of 16 January 1942 provided that the Party should participate in legislation, official appointments, and promotions (2100-PS). The decree further provided that such participation should be undertaken exclusively by Bormann, Chief of the Party Chancellery and a Reichsleiter of the Leadership Corps of the Nazi Party. The decree provided that the Chief of the Party Chancellery was to take part in the preparation of all laws and decrees issued by Reich authorities, including those issued by the Ministerial Council for Defense of the Reich, and to give his assent to those of the Laender and the Reich governors; all communications between State and Party authorities, unless within one Gau only, were to pass through his hands. This decree is of crucial importance in demonstrating the ultimate control and responsibility imputable to the Leadership Corps for governmental policy and actions taken in furtherance of the conspiracy. (2100-PS)
On or about 26 April 1942, Hitler declared in a speech that, in his capacity as Leader of the Nation, Supreme Commander of the Armed Forces, Supreme Head of the Government, and as Fuehrer of the Party, his right must be recognized to compel with all means at his disposal, every German, whether soldier, judge, State official, or party official, to fulfill his desire. He demanded that the Reichstag officially recognize this asserted right. On 26 April 1942, the German Reichstag issued a decision in which full recognition was given to the rights which the Fuehrer had asserted (1961-PS). The Reichstag decreed as follows:
"At the proposal of the President of the Reichstag, on its session of 26 April 1942, the greater German Reichstag has approved of the rights which the Fuehrer has postulated in his speech with the following decision:
"There can be no doubt, that in the present war, in which the German people is faced with a struggle for its existence or annihilation, the Fuehrer must have all the rights postulated by him which serve to further or achieve victory. Therefore-without being bound by existing legal regulations-in his capacity as Leader of the Nation, Supreme Commander of the Armed Forces, Governmental Chief and Supreme Executive Chief, as Supreme Justice and Leader of the Party-the Fuehrer must be in a position to force with all means at his disposal every German, if necessary, whether he be common soldier or officer, low or high official or judge, leading or subordinate official of the Party, worker or employee-to fulfill his duties. In case of violation of these duties, the Fuehrer is entitled, after conscientious examination, regardless of so-called well-deserved rights, to mete out due punishment and to remove the offender from his post, rank and position without introducing prescribed procedures.
"At the order of the Fuehrer, this decision is hereby made public. Berlin, 26 April 1942." (1961-PS)
Hitler himself perhaps best summarized the political realities of his Germany, in showing the domination of the German State and Government by the Leadership Corps and its following. The core of the matter was stated by Hitler in his speech to the Reichstag on 20 February 1938, when he declared in effect that every institution in Germany was under the direction of the Leadership Corps of the Nazi Party:
"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 is 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 that 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 leadership * * * 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." (2715-PS)
The supreme power which the Leadership Corps exercised over the German State and Government is sharply pointed up by an article published in the February 1939 issue of the authoritative magazine, "Der Hoheitstraeger". In this article, addressed to all Hoheitstraeger, the Leadership Corps is reminded that it has conquered the State and that it possesses absolute and total power in Germany. The article is significantly entitled, "Fight and Order-Not Peace and Order." It trumpets forth, in the accents of Caesarism, the battle call of the Leadership Corps of German life:
"Fight? Why do you always talk of fighting? You have conquered the State, and if something does not please you, then just make a law and regulate it differently? Why must you always talk of fighting? For you have every power! Over what do you fight? Outer-politically? You have the Wehrmacht-it will wage the fight if it is required. Inner-politically? You have the law and the police which can change everything which does not agree with you." (3230-PS)
In view of the domination of the German State and Government by the Nazi Party and the Leadership Corps thereof, as established by the foregoing evidence, the Leadership Corps is responsible for the measures, including legislative enactments, taken by the German State and Government in furtherance of the Conspiracy formulated and carried out by the co-conspirators and the organizations charged with criminality.
For example, as revealed by the above evidence, Point 4 of the original Party Program declared that a Jew was not a member of the German race and, therefore, was not entitled to citizenship. This premise was incorporated into the law of the Third Reich by numerous anti-Semitic and discriminatory laws. Consequently, it is submitted that, by virtue of their control over the German State and Government, the Nazi Party and the Leadership Corps share responsibility for, among other enactments and measures furthering the Conspiracy, discriminatory laws against the Jews.
(2) Overt Acts and Crimes of the Leadership Corps. The membership of the Leadership Corps of the Nazi Party actively participated in measures designed to further the progress of the Conspiracy. The evidence will show that the participation by the Leadership Corps in the Conspiracy embraces such measures as anti-Semitic activities, war crimes committed against members of the Allied forces, the forced labor program, measures to subvert and undermine the Christian religion and persecute the Christian clergy, the plundering and spoliation of cultural and other property in German-occupied territories of Europe, and plans and measures leading to the initiation and prosecution of aggressive war.
(a) Crimes against Jews. The Gauleiter and Kreisleiter participated in what were disingenuously described by the Nazis as the "spontaneous uprising of the people" against the Jews throughout Germany on 9 and 10 November 1938 in connection with the assassination of an official of the German Embassy in Paris on 7 November. (The evidence relating to these programs is discussed in Chapter XI on the concentration camps, and Chapter XII on the persecution of the Jews.) it will be recalled that in the teletyped directive from SS-Gruppenfuehrer Heydrich, issued on 10 November 1938, to all police headquarters and SD districts, all chiefs of the State Police were ordered to arrange with the political leaders in the Gaue and Kreise the organization of the so-called spontaneous demonstrations against the Jews (3051-PS). Pursuant to this directive, a large number of Jewish shops and businesses were pillaged and wrecked, synagogues were set on fire, individual Jews were beaten up, and large numbers were taken off to concentration camps. These events forcefully illustrate the employment and participation of all the Kreisleiter and Gauleiter in illegal measures designed to further the anti-Semitic program, which was an original and continuing objective of the Leadership Corps.
(b) Crimes against Allied Airmen. The members of the Leadership Corps of the Nazi Party participated in the murder, beating, and ill-treatment of American airmen who landed in German or German-controlled territory. American airmen who bailed out of disabled planes over Germany were not treated as prisoners of war, but were beaten and murdered by German civilians with the active condonence, indeed at the instigation of the Leadership Corps. Such a course of conduct by the Leadership Corps represented a deliberate violation by the German Government of its obligations, under the Geneva Prisoners of War Convention, to protect prisoners of war against acts of violence and ill-treatment.
Heinrich Himmler was a Reichsleiter of the Nazi Party and thus a top official in the Leadership Corps by virtue of his positions as Reichsfuehrer of the SS and Delegate for German Folkdom (2473-PS; Chart No. 1). An order signed by Himmler (R-110), dated 10 August 1943, reads as follows:
"It is not the task of the police to interfere in clashes between Germans and English and American terror fliers who have bailed out." (R-110).
This order was transmitted in writing to all senior executive SS and police officers, and orally to their subordinate officers and to all Gauleiter.
Joseph Goebbels was a top-flight official in the Leadership Corps of the Nazi Party by virtue of his position as Propaganda Leader of the Party (2473-PS; Chart No. 1). In the issue of the Voelkischer Beobachter for 26/29 May 1944, there appeared an article written by Goebbels, the Reichsleiter for Party Propaganda, in which he openly invited the German civil population to murder Allied fliers shot down over Germany (1676-PS). After alleging that Anglo-American pilots have engaged in machine gun attacks against civilians, Goebbels continues:
"It is only possible with the aid of arms to secure the lives of enemy pilots who were shot down during such attacks, for they would otherwise be killed by the sorely tried population. Who is right here? The murderers who, after their cowardly misdeeds, await a humane treatment on the part of their victims, or the victims who wish to defend themselves according to the principle: 'An eye for an eye, a tooth for a tooth'? This question is not hard to answer." (1676-PS)
Reichsleiter Goebbels then proceeds to answer his question in the following language:
"It seems to us hardly possible and tolerable to use German police and soldiers against the German people when it treats murderers of children as they deserve." (1676-PS)
On 30 May 1944, Bormann, Reichsleiter and Chief of the Party Chancellery, issued a circular letter on the subject which furnishes indisputable proof that British and American fliers who were shot down were lynched by the German population (057-PS). After alleging that in recent weeks English and American fliers had repeatedly shot children, women, peasants, and vehicles on the highway, Bormann then states:
"Several instances have occurred where members of the crews of such aircraft, who have bailed out or who have made forced landings, were lynched on the spot immediately after capture by the populace, which was incensed to the highest degree. No police measures or criminal proceedings were invoked against the German civilians who participated in these incidents." (057-PS)
This letter of Bormann was distributed through the chain of command of the Leadership Corps of the Nazi Party. Express mention on the distribution list is made of Reichsleiter, Gauleiter, Kreisleiter, and leaders of the incorporated and affiliated organizations of the Party. Bormann requested that the local group leaders (Ortsgruppenleiter) be informed of the contents of his circular letter only by oral means. (057-PS)
The effect of Reichsleiter Bormann's circular letter may be seen in an order dated 25 February 1945 (L-154). This is an order from Albert Hoffman, an important member of the Leadership Corps by virtue of his position as Gauleiter and National Defense Commissioner of the Gau Westfalen-South, and it is addressed to all County Councillors, mayors, and police officials, and to county leaders and county staff chiefs of the Volkssturm. The order reads as follows:
"Fighter bomber pilots who are shot down are not to be protected against the fury of the people. I expect from all police officers that they will refuse to lend their protection to these gangster types. Authorities acting in contradiction to the popular sentiment will have to account to me. All police and gendarmerie officials are to be informed immediately of this, my attitude." (L-154).
The obligations of belligerents towards prisoners of war are clearly set forth in the Geneva Prisoners of War Convention of 27 July 1929, which was ratified by both Germany and the United States. Article Two of the Convention provides as follows:
"Prisoners of war are in the power of the hostile power, but not of the individuals or Corps who have captured them.
"They must at all times be humanely treated and protected, particularly against acts of violence, insults and public curiosity.
"Measures of reprisal against them are prohibited." (3738-PS)
The Geneva Prisoners of War Convention clearly imposes upon its signatories the strict obligation to protect prisoners of war from violence. The evidence just discussed shows that the German State flagrantly violated its obligations under that Convention to protect captured airmen who were shot down in German hands. The evidence also proves that the entire hierarchy of the Leadership Corps of the Nazi Party participated in the conspiracy to incite the German civil population to murder Allied airmen and also ordered police and Party officials to take no steps to secure the safety of these airmen.
(c) Crimes against Foreign Labor and Civilians in Occupied Areas. Alfred Rosenberg and Robert Ley were both Reichsleiter of the NSDAP. (2473-PS)
An agreement was concluded between the Reich Minister for the Occupied Eastern Territories, Reichsleiter Rosenberg, and the Director of the German Labor Front, Reichsorganisationleiter Ley, relating to the inspection and care of foreign workers. This agreement was based on an earlier agreement of 2 June 1943 between the Deputy General for the Arbeitseinsatz, Gauleiter Fritz Sauckel, and the Leader of the German Labor Front, Reichsleiter for the Party Organization, Dr. Ley, concerning a "central inspection for the care of foreign workers" (1913-PS). The purpose of the two agreements was to coordinate activities of the organizations concerned with respect to the administration of plants and camps in which foreign workers were employed. (1914-PS)
On 17 October 1944, Reichsleiter Rosenberg sent a letter to Reichsleiter Bormann, Chief of the Party Chancery, informing the latter that he had sent a telegram to Gauleiter urging them not to interfere in the liquidation of certain listed companies and banks under his supervision. Rosenberg emphasized to Bormann that any "delay of liquidation or * * * independent confiscation of the property by the Gauleiter would impair or destroy an organized plan" for the liquidation of a vast amount of property. (327-PS)
On 7 November 1943, the Chief of the General Staff of the Armed Forces delivered a lecture at Munich to the Reichsleiter and Gauleiter. The Chief of Staff stated that his object was to give a review of the strategic position at the outset of the fifth year of war. He stated his realization that the Political Leaders in the Reich and Gau areas, in view of their burdensome tasks in supporting the German War Effort, were in need of information he could give. He stated, in part, as follows:
"Reichsleiter Bormann has requested me to give you a review today of the strategic position in the beginning of the fifth year of war.
"No one-the Fuehrer has ordered-may know more or be told more than he needs for his immediate task, but I have no doubt at all in my mind, gentlemen, but that you need a great deal in order to be able to cope with your tasks. It is in your Gau, after all * * * that all the enemy propaganda, and the malicious rumors concentrate that try to find themselves a place among our people * * * Against this wave of enemy propaganda and cowardice you need to know the true situation, and, for this reason, I believe that I am justified in giving you a perfectly open and uncovered account of the state of affairs * * *." (L-172)
Reichsleiter Bormann distributed to all Reichsleiter, Gauleiter, and leaders of Party affiliated organizations, by an undated letter of transmittal, and order of the Supreme Command of the Wehrmacht relating to self-defense by German guard personnel and German contractors and workers against prisoners of war (656-PS). The order of the Wehrmacht states that the question of treatment of prisoners of war is continually being discussed by Wehrmacht and Party bureaus. The order states that should prisoners of war refuse to obey orders to work, the guard has "in the case of the most pressing need and danger, the right to force obedience with the weapon if he has no other means. He can use the weapon as much as is necessary to attain his goal * * *." (656-PS)
On 18 April 1944, Reich Commissar Lohse, Reich Minister for the Occupied Eastern Territories, in a letter to Reich Youth Leader Axmann, proposed that the Hitler Youth participate in and supervise the military education of the Estonian and Latvian youth (347-PS). Lohse stated in this letter that "in the military education camps, the young Latvians are trained under Latvian leaders in the Latvian language not because this is our ideal, but because absolute military necessity demands this." Lohse further stated:
"* * * in contrast to the Germanic peoples of the West, military education is no longer to be carried out through voluntary enlistments but through legal conscription. The camps in Estonia and Latvia * * * will have to be under German Leadership and, as military education camps of the Hitler Youth, they must be a symbol of our educational mission beyond Germany's borders * * * I consider the execution of the military education of the Estonian and Latvian youth not only a military necessity, but also a war mission of the Hitler Youth especially. I would be thankful to you, Party member Axmann, if the Hitler Youth would put itself at our disposal with the same readiness with which they have so far supported our work in the Baltic area." (347-PS)
The Reichsfuehrer of the SS, as shown earlier, was a Reichsleiter of the NSDAP (2473-PS). An order of the Reich Minister of the Interior, Frick, dated 22 October 1938, provided as follows:
"The Reichsfuehrer SS and the Chief of the German Police * * * can take the administrative measures necessary for the maintenance of security and order, even beyond the legal limits otherwise set on such measures." (1438-PS)
This order related to the administration of the Sudeten-German territory.
In a letter dated 23 June 1943 (407-VI-PS) Gauleiter and Plenipotentiary for the Direction of Labor, Fritz Sauckel, wrote to Hitler advising him of the success of the forced labor program as of that date. Sauckel stated:
"You can be assured that the District of Thueringen [Gau] and I will serve you and our dear people with the employment of all strength * * *." (407-VI-PS)
On 1 September 1939, Hitler wrote a memorandum stating:
"Reichsleiter Bouhler and Dr. Brandt, M.D., are charged with the responsibility of enlarging the authority of certain physicians to be designated by name in such a manner that persons who, according to human judgment, are incurable can, upon a most careful diagnosis of their condition of sickness, be accorded a mercy death.
"(Signed) A. Hitler." (630-PS)
A handwritten note on the face of the document states:
"Given to my by Bouhler of 27 August 1940, [signed]
Dr. Guertner." (630-PS)
In a memorandum recording an agreement between himself and Himmler, the Minister of Justice Thierack stated that, on the suggestion of Reichsleiter Bormann, an agreement had been reached between Himmler and himself with respect to "special treatment at the hands of the police in cases where judicial sentences are not severe enough" (654-PS). The agreement related that:
"The Reich Minister for Justice will decide whether and when special treatment at the hands of the police is to be applied. The Reich Fuehrer of SS will send the reports, which he sent hitherto to Reichsleiter Bormann, to the Reich Minister for Justice." (654-PS)
If the views of the Reich Fuehrer of SS and the Reich Minister for Justice disagreed,
"the opinion of Reichsleiter Bormann will be brought to bear on the case, and he will possibly inform the Fuehrer * * *.
"The delivery of antisocial elements from execution of their sentence to the Reich Fuehrer of SS to be worked to death. Persons under protective arrest, Jews, Gypsies, Russians and Ukrainians, Poles with more than 3-year sentences, Czechs and Germans with more than 8-year sentences, according to the decision of the Reich Minister of Justice. First of all the worst antisocial elements amongst those just mentioned are to be handed over. I shall inform the Fuehrer of this through Reichsleiter Bormann." (654-PS)
With respect to the "administration of justice by the people," the memorandum states:
"This is to be carried out step by step as soon as possible * * * I shall rouse the Party particularly to cooperate in this scheme by an article in the Hoheitstraeger [NSDAP publication] * * *." (654-PS)
At a meeting of the NSDAP in Kiev, the theory of the master race as the basis of German administrative policy in the East was expressed by Koch, Reich Commissioner for the Ukraine:
"We are the master race * * * I will squeeze the last drop out of the country … the people must work, work and work. We are a master race * * * the lowest German worker is racially and biologically a thousand times more valuable than the people here." (1130-PS)
A letter from RSHA (Reich Security Main Office) to police chiefs, dated 5 November 1942, recites an agreement between the Reich Fuehrer SS and the Reich Minister of Justice, approved by Hitler, providing that ordinary criminal procedure was no longer to be applied to Poles and members of the Eastern populations (L-316). The agreement provided that such people, including Jews and Gypsies, should henceforth be turned over to the police. The principles applicable to a determination of the punishment of German offenders, including appraisal of the motives of the offender, were not to be applied to foreign offenders. The letter stated:
"* * * the offense committed by a person of foreign extraction is not to be regarded from the view of legal retribution by way of justice, but from the point of view of preventing dangers through police action. From this it follows that the criminal procedure against persons of foreign extraction must be transferred from Justice to the Police. The preceding statements serve for personal information. There are no objections if the Gauleiter are informed in the usual form should the need arise * * *." (L-316)
With respect to the evacuation, deportation, and Germanization of the civilian population of the incorporated eastern territories, Reichsfuehrer SS Himmler, in his capacity as Reich Commissioner for the Consolidation of German Nationhood, issued several decrees requiring the deportation to Germany of all Germans from such territories who had renounced their nationality during the existence of the Polish State (R-112). These decrees directed that persons affected by the provisions thereof who failed to comply were to be sent to concentration camps. After deportation to Germany, such persons were to be closely supervised by NSDAP "Counsellors" and secret police to insure their Germanization. Certain of the decrees directing such deportation are addressed, inter alia, to the "Gauleiter" and the "Reich Governors in the Reich Gaue." (R-112)
In a conference with Reichsleiter Rosenberg, Hitler emphasized that he "wished to have the Crimea cleaned out," and Rosenberg stated that he had given much consideration to renaming the towns in the Crimea in order to invest the area with a German character. (1517-PS)
In a speech to a gathering of persons intimately concerned with the Eastern problem on 20 June 1941, Reichsleiter Rosenberg stated that the southern Russian territories and the northern Caucasus would have to provide food for the German people:
"We see absolutely no obligation on our part to feed also the Russian people with the products of that surplus territory. We know that this is a harsh necessity, bare of any feelings * * *." (1058-PS)
Rosenberg stated that, as a consequence of the above policy, extensive evacuations of Russians from that Area would have to take place. (1058-PS)
Gauleiter Wagner of the German-occupied Areas of Alsace prepared plans and took measures leading to the expulsion and deportation of certain groups within the Alsatian civil population. His plans called for the forcible expulsion of certain categories of so-called undesirable persons, as a means of punishment and compulsory Germanization. The Gauleiter supervised deportation measures in Alsace from July to December 1940, in the course of which 105,000 persons were either expelled or prevented from returning. A memorandum, dated 4 August 1942, of a meeting of high SS and police officials, convened to receive the reports and plans of the Gauleiter relating to the Alsatian evacuations, states that the persons deported were mainly-
"Jews, Gypsies and other foreign racial elements, criminals, asocial and incurably insane persons, as well as Frenchmen and Francophiles." (R-114)
According to the memorandum, the Gauleiter stated that the Fuehrer had given him permission "to cleanse Alsace of all foreign, sick, or unreliable elements," and emphasized the political necessity of further deportation. The memorandum further records that the SS and police officials present at the above conference approved the Gauleiter's proposals for further evacuation. (R-114)
A second memorandum, dated 17 August 1942, relating to a conference called by SS-Gruppenfuehrer Kaul, held at the Gauleiter office at Karlsruhe for the purpose of considering the deportation of Alsatians into Germany, states that the Gauleiter had reported to the Fuehrer with respect to the proposed evacuation of Alsatians. It is further stated that the Fuehrer verbally declared that "asocial and criminal persons" were to be expelled. The Gauleiter stated at the above conference that the action leading to such evacuation had already begun. The Gauleiter further declared that he intended to offset the loss of population as far as possible by transplantation of people from Baden, "thus creating a uniform race mixture." (R-114)
A memorandum by Reichsleiter Bormann of a conference called by Hitler at his headquarters on 16 July 1941 (L-221), states, in part, as follows with respect to the maintenance of order in the occupied Eastern areas:
"The Crimea has to be evacuated by all foreigners and to be settled by Germans only * * * We have now to face the task of cutting up the giant cake according to our needs in order to be able first, to dominate it, second, to administer it, and third, to exploit it. The Russians have now ordered partisan warfare behind our front. This partisan war * * * has some advantage for us; it enables us to eradicate everyone who opposes us. * * *." (L-221)
According to the above memorandum, the foregoing conference was attended by Reichsleiter Rosenberg, Reich Minister Lammers, Field Marshal Keitel, Reich Marshal Goering, and Bormann, and lasted about 20 hours. The memorandum states that discussion occurred with respect to the annexation by Germany of various parts of conquered Europe. The memorandum also states that a long discussion took place with respect to the qualifications of Gauleiter Lohse, who was proposed by Rosenberg at the conference as governor of the Baltic country. Discussion also occurred with respect to the qualifications of other Gauleiter and commissioners for the administration of various areas of occupied Russia. Goering stated that he intended to appoint Gauleiter Terboven for the "exploitation of the Kola Peninsula: the Fuehrer agrees." With respect to the security of the German administration in the eastern areas, the memorandum states:
"This giant area would have to be pacified as quickly as possible; the best solution was to shoot anybody who looked sideways * * * Field Marshal Keitel emphasizes the inhabitants themselves ought to be made responsible for their things because it was, of course, impossible to put a sentry in front of every shed or railway station. The inhabitants had to understand that anybody who did not perform their duties properly would be shot, and that they would be held responsible for each offense." (L-221)
(d) Subversion of Christian Church and Persecution of the Clergy. The evidence relating to the systematic effort of the conspirators to eliminate the Christian churches in Germany is discussed in Section 6 of Chapter VII. The evidence hereinafter taken up is limited to proving the responsibility of the Leadership Corps and its members for participation in illegal activities against the Christian church and clergy.
Bormann, who was a Reichsleiter and Chief of the Nazi Party Chancellery, issued a secret decree addressed to all Gauleiter, entitled "Relationship of National Socialism and Christianity" (D-75). In this decree Reichsleiter Bormann flatly declared that National Socialism and Christianity are incompatible and that the influence of the churches in Germany must be eliminated:
"National Socialist and Christian concepts are irreconcilable. * * * Our National Socialist ideology is far loftier than the concepts of Christianity, which, in their essential points, have been taken over from Jewry. For this reason also, we do not need Christianity. * * * If, therefore, in the future our youth learns nothing more of this Christianity, whose doctrines are far below ours, Christianity will disappear by itself. * * * It follows from the irreconcilability of National Socialist and Christian concepts that a strengthening of existing confessions and every demand of originating Christian confessions is to be rejected by us. A differentiation between the various Christian confessions is not to be made here. For this reason, also, the thought of an erection of an Evangelical National Church by merger of the various evangelical churches has been definitely given up, because the Evangelical church is just as inimicable to us as the Catholic Church. Any strengthening of the Evangelical Church would merely react against us. * * *
"For the first time in German history, the Fuehrer consciously and completely has the leadership of the people in his own hand. With the Party, its components, and attached units, the Fuehrer has created for himself, and thereby the German Reich leadership, an instrument which makes him independent of the Church. All influences which might impair or damage the leadership of the people exercised by the Fuehrer, with the help of the NSDAP, must be eliminated. More and more the people must be separated from the churches and their organs, the pastors. Of course, the churches must and will, seen from their viewpoint, defend themselves against this loss of power. But never again must an influence on leadership of the people be yielded to the churches. This influence must be broken completely and finally.
"Only the Reich Government and, by its direction, the Party, its components and attached units have a right to leadership of the people. Just as the deleterious influences of astrologers, seers and other fakers are eliminated and suppressed by the State, so must the possibility of Church influence also be totally removed. Not until this has happened, does the State leadership have influence on the individual citizens. Not until then are people and Reich secure in their existence for all the future." (D-75)
On 25 April 1941 a letter was issued from Bormann's office to Rosenberg, in his capacity as the Fuehrer's Representative for the Supervision of the Entire Mental and Ideological Training and Education of the NSDAP (070-PS). In this letter Bormann's office stated that measures had been taken leading to the progressive cancellation of morning prayers and other religious services and their substitution by Nazi mottos and slogans:
"We are inducing schools more and more to reduce and abolish religious morning services. Similarly the confessional and general prayers in several parts of the Reich have already been replaced by national socialist mottos. I would be grateful to know your opinion on a future national socialist morning service instead of the present confessional morning services which are usually conducted once per week * * *." (070-PS)
In a letter from Reichsleiter Bormann to Reichsleiter Rosenberg, dated 22 February 1940, Bormann declared to Rosenberg that the Christian religion and National Socialism are incompatible (098-PS). Bormann cited, as examples of hostile divergence between Nazism and the churches, the attitude of the latter on the racial question, celibacy of the priests, monasteries and nunneries, etc. Bormann further declared that the churches could not be subjugated through compromise, but only through a new philosophy of life as prophesied in Rosenberg's writings. In this letter, Bormann proposed the creation of a National Socialist Catechism, in order to give that part of the German youth which declines to practice confessional religion, a moral foundation, and to lay a moral basis for National Socialist doctrines, which were gradually to supplant the Christian religions. Bormann suggested that some of the Ten Commandments could be merged with the National Socialist catechism and stated that a few new Commandments should be added, such as: Thou shalt be courageous; Thou shalt not be cowardly; Thou shalt believe in God's presence in the living nature, animals, and plants; Thou shalt keep thy blood pure; etc. Deputy of the Fuehrer Bormann concluded that he considered the problem so important that it should be discussed with the members of the Reich Directorate, comprising the top leaders of the Leadership Corps of the Nazi Party, as soon as possible. (098-PS)
At one point in this letter, Bormann stated:
"Christianity and National Socialism are phenomena which originated from entirely different basic causes. Both differ fundamentally so strongly, that it will not be possible to construct a Christian teaching which would be completely compatible with the point of view of the National Socialist ideology; just as the communications of Christian faith would never be able to stand by the ideology of National Socialism in its entirety * * *." (098-PS)
After discussing various proposals for the formulation of a Nazi religious credo for instruction in the German school system, Bormann stated:
"The Fuehrer's deputy finds it necessary that all these questions should be thoroughly discussed in the near future in the presence of the Reich Leaders [Reichsleiter] who are especially effected by them * * *." (098-PS)
In a circular letter, dated 17 June 1938, addressed by Bormann as Reichsleiter and Deputy of the Fuehrer to all Reichsleiter and Gauleiter, there was enclosed a copy of rules prepared by Reichsleiter Hierl, setting forth certain restrictive regulations with respect to participation of the Reich Labor Service in religious celebrations (107-PS). Pertinent portions of the directives issued by Reichsleiter Hierl read as follows:
"The Reich Labor Service is a training school in which the German youth should be educated to national unity in the spirit of National Socialism * * *.
"What religious beliefs a person has is not a decisive factor, but it is decisive that he first of all feels himself a German.
"Every religious practice is forbidden in the Reich Labor Service because it disturbs the comradelike harmony of all working men and women.
"On this basis, every participation of the Reich Labor Service in churchly, that is religious, arrangements and celebrations is not possible." (107-PS)
The position of Bormann as Deputy of the Fuehrer and chief of the Nazi Party Chancellery, and the position of Rosenberg as the Fuehrer's Representative for the Whole Spiritual and Philosophical Education of the Nazi Party, give to the foregoing views on religion and religious policy the highest official backing. The anti-Christian utterances and policies of these two conspirator defendants reveal a community of mind and intention amongst the most powerful leaders of the party which was amply confirmed by the actual treatment of the churches since 1933 and throughout the course of the conspiracy. An excerpt from page 514 of "The Myth of the 20th Century," written by Rosenberg, reads as follows:
"The idea of honor-national honor-is for us the beginning and the end of our entire thinking and doing. It does not admit of any equal-valued center of force along side of it, no matter of what kind, neither Christian love, nor the Free-Masonic humanity, nor the Roman philosophy." (2349-PS)
In addition to promoting beliefs and practices fundamentally incompatible with Christianity, the Leadership Corps participated in the persecution of priests, clergy, and members of religious orders. A Gestapo telegram, dated 24 July 1938, dispatched from Berlin to Nurnberg, deals with demonstrations and acts of violence against Bishop Sproll in Rottenburg (848-PS). The Gestapo office in Berlin wired its Nurnberg office the following teletype account received from its Stuttgart office of disorderly conduct and vandalism carried out by Nazi Party members against Bishop Sproll:
"The Party on 23 July 1939 from 2100 on carried out the third demonstration against Bishop Sproll. Participants, about 2500-3000, were brought in from outside by bus, etc. The Rottenburg populace again did not participate in the demonstration. This town took rather hostile attitude toward the demonstrations. The action got completely out of hand of the Party member responsible for it. The demonstrators stormed the palace, beat in the gates and doors. About 150 to 200 people forced their way into the palace, searched through the rooms, threw files out of the windows and rummaged through the beds in the rooms of the palace. One bed was ignited * * * The Bishop was with Archbishop Groeber of Freiburg and the ladies and gentlemen of his menage in the chapel at prayer. About 25 to 30 people pressed into this chapel and molested those present. Bishop Groeber was taken for Bishop Sproll. He was grabbed by the robe and dragged back and forth * * *." (848-PS)
The Gestapo official in Stuttgart added that Bishop Groeber desired "to turn to the Fuehrer and Reich Minister of the Interior, Dr. Frick, anew"; and that he had found a full report of the demonstration after "suppressing counter mass meetings." (848-PS)
On 23 July 1938 the Reich Minister for Church Affairs, kerrl, sent a letter to the Minister of State and Chief of the Praesidium Chancellery, Berlin, stating that Bishop Sproll had angered the population by abstaining from the plebiscite of 10 April (849-PS). In this letter Kerrl stated that the Gauleiter and Governor of Wuerttemberg had decided that, in the interest of preserving the State's authority and in the interest of quiet and order, Bishop Sproll could no longer remain in office. The letter reads in part as follows:
"* * * The Reich Governor had explained to the Ecclesiastical Board that he would no longer regard Bishop Sproll as Head of the Diocese of Rottenburg on account of his refraining from the election in the office and that he desired Bishop Sproll to leave the Gau area * * * because he could assume no guarantee for his personal safety; that in the case of the return of the Bishop of Rottenburg he would see to it that all personal and official intercourse with him on the part of State offices as well as Party offices and the Armed Forces would be denied." (849-PS)
Kerrl further stated in the foregoing letter that his Deputy had moved the Foreign Office, through the German embassy at the Vatican, to urge the Holy See to persuade Bishop Sproll to resign his Bishopric. Kerrl concluded by stating that should the effort to procure the Bishop's resignation prove unsuccessful
"* * * the Bishop would have to be exiled from the land or there would have to be a complete boycott of the Bishop by the authorities * * *." (849-PS)
On 14 July 1939 Bormann, in his capacity as Deputy of the Fuehrer, issued a party regulation which required party members entering the clergy or undertaking the study of theology to leave the party (840-PS). The last paragraph of the regulation reads as follows:
"I decree that in the future party members who enter the clergy or who turn to the study of theology have to leave the party." (840-PS)
In this directive Bormann also referred to an earlier decree, dated 9 February 1937, in which he had ruled that the admission of members to the clergy into the party was to be avoided. In that decree also Bormann referred with approval to a regulation of the Reich Treasurer of the NSDAP, dated 10 May 1939, providing that-
"clergymen, as well as other fellow Germans, who are also closely connected with the church, cannot be admitted into the party." (840-PS)
In the Allocution of His Holiness, Pope Pius XII, to the Sacred College on 2 June 1945, His Holiness, after declaring that he had acquired an appreciation of the great qualities of the German people in the course of 12 years of residence in their midst, expressed the hope that Germany could rise to new dignity and new life once it had laid the satanic specter raised by National Socialism, and after the guilty had expiated the crimes they have committed (3268-PS). After referring to repeated violations by the German government of the Concordat concluded in 1933, His Holiness declared:
"The struggle against the Church did, in fact, become ever more bitter: there was the dissolution of Catholic organizations; the gradual suppression of the flourishing Catholic schools, both public and private; the enforced weaning of youth from family and Church; the pressure brought to bear on the conscience of citizens, and especially of civil servants; the systematic defamation, by means of a clever, closely-organized propaganda, of the Church's the clergy, the faithful, the Church' institutions, teachings and history; the closing, dissolution, confiscation of religious houses and other ecclesiastical institutions; the complete suppression of the Catholic press and publishing houses * * *.
"In the meantime the Holy See itself multiplied its representations and protests to governing authorities in Germany, reminding them, in clear and energetic language, of their duty to respect and fulfill the obligations of the natural law itself that were confirmed by the Concordat. In those critical years, joining the alert vigilance of a Pastor to the longsuffering patience of a father, Our great Predecessor Pius XI fulfilled his mission as Supreme Pontiff with intrepid courage.
"But when, after he had tried all means of persuasion in vain, he saw himself clearly faced with deliberate violations of a solemn pact, with a religious persecution masked or open, but always rigorously organized, he proclaimed to the world, on Passion Sunday 1937, in his Encyclical Mit brennender Sorge, what National-Socialism really was; the arrogant apostasy from Jesus Christ, the denial of His doctrine and of His work of redemption, the cult of violence, the idolatry of race and blood, the overthrow of human liberty and dignity * * *.
"From the prisons, concentration camps and fortresses are now pouring out, together with the political prisoners, also the crowds of those, whether clergy or laymen, whose only crime was their fidelity to Christ and to the faith of their fathers or the dauntless fulfillment of their duties as priests * * *.
"In the forefront, the number and harshness of the treatment meted out to them, were the Polish priests. From 1940 to 1945, 2,800 Polish ecclesiastica and religious were imprisoned in that camp ; among them was the Auxiliary bishop of Wloclawek, who died there of typhus. In April last there were left only 816, all the others being dead except for two or three transferred to another camp. In the summer of 1942, 480 German-speaking ministers of religion were known to be gathered there; of these, 45 were Protestants, all the others Catholic priests. In spite of the continuous inflow of new internees, especially from some dioceses of Bavaria, Rhenania and Westphalia, their number, as a result of the high rate of mortality, at the beginning of this year, did not surpass 350. Nor should we pass over in silence those belonging to occupied territories, Holland, Belgium, France (among whom the Bishop of Clermont), Luxembourg, Slovenia, Italy. Many of those priests and laymen endured indescribable sufferings for their faith and for their vocation. In one case the hatred of the impious against Christ reached the point of parodying on the person of an interned priest, with barbed wire, the scourging and crowning with thorns of our Redeemer." (3268-PS)
The Leadership Corps participated in the confiscation of church and religious property. A letter dated 19 April 1941 from Reichsleiter Bormann to Reichsleiter Rosenberg exposes the participation of the Gauleiter in measures relating to the confiscation of religious property (072-PS). The letter reads in part as follows:
"The libraries and art objects of the monasteries confiscated in the Reich were to remain for the time being in these monasteries, insofar as the Gauleiter had not determined otherwise." (072-PS)
On 21 February 1940, the Chief of the Security Police and SD, Heydrich, wrote a letter to the Reichsfuehrer SS, Himmler, proposing that certain listed churches and monasteries be confiscated for the accommodation of so-called racial Germans. (Himmler was a Reichsleiter in the Leadership Corps by virtue of his position as Reichsfuehrer of the SS.) After pointing out that, on political grounds, outright expropriation of religious property would not be feasible at the time, Heydrich suggested certain specious interim actions with respect to the church properties in question, to be followed progressively by outright confiscation (R-101-A). Heydrich's letter makes the following statements:
"Enclosed is a list of church possessions which might be available for the accommodation of Racial Germans. The list, which please return, is supplemented by correspondence and illustrated material pertinent to the subject.
"For political reasons, Expropriation without indemnity of the entire property of the churches and religious orders will hardly be possible at this time.
"Expropriation with indemnity or in return for assignment of other lands and grounds will be even less possible.
"It is therefore suggested that the respective authorities of the Orders be instructed that they make available the monasteries concerned for the accommodation of Racial Germans and remove their own members to other less populous monasteries. [Marginal note in pencil opposite this paragraph: "Very good!"]
"The final expropriation of these properties thus placed at our disposal can then be carried out step by step in course of time." (R-101-A)
On 5 April 1940, the Chief of the Security Police and of the Security Service SS sent a letter to the Reich Commissioner for the consolidation of Germandom, enclosing a copy of the foregoing letter from Heydrich to Himmler proposing the confiscation of church properties (R-101-A). The letter of 5 April 1940 stated:
"The Reich Leader SS has agreed to the proposals made in the enclosed letter and has ordered the matter to be dealt with by collaboration between the Chief of the Security Police and Security Service and your office." (R-101-A)
A letter dated 30 July 1941 (R-101-C) written by an SS-Standartenfuehrer whose signature is illegible, to the Reich Leader of the SS, supplies further evidence of the participation of the Gauleiter in the seizure of church property:
"Further to report of 30 May 1941 this office considers it its duty to call the Reich Leader's attention to the development which is currently taking place in the incorporated Eastern countries with regard to seizure and confiscation of Church property.
"As soon as the Reich Laws on expropriation had been introduced, the Reich Governor and Gauleiter in the Wartheland adopted the practice of expropriating real estate belonging to churches for use as dwellings. He grants compensation to the extent of the assessed value and pays the equivalent amount into blocked accounts.
"Moreover the East German Estate Administration Limited reports that in the 'Warthegau' all real estate owned by the churches is being claimed by the local Gau administration [Gauselbstverwaltung]." (R-101-C)
Another letter, this one from the Chief of the Staff Main Office to Himmler, dated 30 March 1942, dealing with the confiscation of church property, evidences the active participation of the Party Chancellery in the confiscation of religious property (R-101-D). In this letter the Chief of the Staff Main Office reports to Himmler concerning the policy of the SS in suspending all payments of rent to monasteries and other church institutions whose property had been expropriated. The letter discusses a proposal made by the Reich Minister of the Interior, in which the Party Chancery prominently participated, to the effect that the church institutions should be paid amounts corresponding to current mortgage charges on the premises without realizing any profit. The writer further suggests that such payments should never be made directly to the ecclesiastical institutions but rather should be made to the creditors of such institutions:
"Such an arrangement would be in line with the basic idea of the settlement originally worked out between the Party Chancery and the Reich Minister of the Interior." (R-101-D)
The Leadership Corps of the Nazi Party participated in the suppression of religious publications and interfered with free religious education. In a letter dated 27 September 1940, Reichsleiter and Deputy of the Fuehrer Bormann transmitted to Rosenberg a photostatic copy of a letter from Gauleiter Florian to Hess, dated 23 September 1940, which expresses the Gauleiter's intense disapproval on Nazi ideological grounds of a religious pamphlet entitled "The Spirit and Soul of the Soldiers," written by a Major General von Rabenau (064-PS). The Gauleiter urges that the religious writings of General von Rabenau be suppressed. Florian also discusses a conversation he had with General von Rabenau at the close of a lecture delivered by the General to a group of younger Army officers at Aachen. This conversation illumines the hostile attitude of the Leadership Corps of the Nazi Party toward the Christian churches:
"After he had affirmed the necessity of the churches, Rabenau said, with emphasized self-assurance, something like the following: 'Dear Gauleiter, the Party is making mistake after mistake in the business with the churches. Obtain for me the necessary powers from the Fuehrer and I guarantee that I shall succeed in a few months in establishing peace with the churches for all times.' After this catastrophic ignorance, I gave up the conversation. Dear Party Member Hess: the reading of von Rabenau's pamphlet 'Spirit and Soul of the Soldier' has reminded me again of this. In this brochure, Rabenau affirms the necessity of the Church straight-forward and clearly, even if it is prudently careful. He writes on page 28 'There could be more examples; they would suffice to show that a soldier in this world can scarcely get along without thoughts about the next one.' Because von Rabenau is falsely based spiritually, I consider his activities as an educator in spiritual affairs as dangerous, and I am of the opinion that his educational writings are to be dispensed with absolutely and that the publication section of the NSDAP can and must renounce these writings * * * The churches with their Christianity are this danger against which the struggle must always be carried on." (064-PS)
That the Party Chancellery shared the Gauleiter's hostility to the Christian churches is further revealed by Bormann's instruction to Rosenberg to "take action" on the Gauleiter's recommendation that the General's writings be suppressed. (064-PS)
Another letter from Bormann to Rosenberg, dated 8 March 1940, enclosed a copy of Bormann's letter of the same date to Reichsleiter Amann (089-PS). Amann was a top member of the Leadership Corps by virtue of his position as Reichsleiter for the Press and Leader of the Party Publishing Company. In this letter to Amann, Bormann expressed his dismay and dissatisfaction that only 10 percent of the 3,000 Protestant periodicals in Germany had ceased publication for what are described as "paper saving" reasons. Bormann then advised Amann that "the distribution of any paper whatsoever for such periodicals" was barred (089-PS). Bormann also instructed Amann to make sharper restrictions in the distribution of paper against religious writings in favor of publications more acceptable to the Nazi ideology:
"I urge you [Bormann is addressing Reichsleiter Amann] to see to it in any redistribution of paper to be considered later that the confessional writing, which according to experiences so far gathered possesses very doubtful value for strengthening the power of resistance of the people toward the external foe receives still sharper restrictions in favor of literature, politically and ideologically more valuable." (089-PS)
A further letter from Bormann to Rosenberg, dated 17 January 1940, expressed the Party's opposition to the circulation of religious literature to the members of the German Armed Forces (101-PS). Pertinent excerpts from Bormann's letter read as follows:
"Nearly all the districts [Gaue] report to me regularly that the churches of both confessions are administering spiritually to members of the Armed Forces. This administering finds its expression especially in the fact that soldiers are being sent religious publications by the spiritual leaders of the home congregations. These publications are, in part, very cleverly composed. I have repeated reports that these publications are being read by the troops and thereby exercise a certain influence on the morale.
"I have, in the past, sought by sounding out the General Field Marshal, the High Command of the Armed Forces, and * * * Reich Director Amann, to restrict considerably the production and shipment of publications of this type. The result of these efforts remains unsatisfactory. As Reichsleiter Amann has repeatedly informed me, the restriction of these pamphlets by means of the * * * paper rationing has not been achieved because the paper * * * is being purchased on the open market.
"If the influencing of the soldiers by the church is to be effectively combated, this will only be accomplished by producing many good publications in the shortest possible time under the supervision of the Party * * *.
"Thus at the last meeting of the Deputy Gauleiters, comments were uttered on this matter to the effect that a considerable quantity of such publications are not available.
"I maintain that it is necessary that in the near future we transmit to the Party Service Office down to Ortsgruppenleitern a list of additional publications of this sort which should be sent to our soldiers by the Ortsgruppen. * * * (101-PS)
The Leadership Corps also participated in measures leading to the closing and dissolution of theological schools and other religious institutions. In a letter dated 17 April 1939 Bormann transmitted to Rosenberg photostatic copy of a plan suggested by the Reich Minister for Science, Education, and Training for the combining and closing of certain specifically listed theological faculties (122-PS). In his letter of transmittal Bormann requested Rosenberg to take "cognizance and prompt action" with respect to proposed suppression of religious institutions. The plan to suppress the religious institutions was summarized as follows:
"To recapitulate, this plan would include the complete closing of the theological faculties at Innsbruck, Salzburg, and Munich, the transfer of the faculty of Graz to Vienna, and the vanishing of four Catholic faculties; closing of three Catholic theological faculties or higher schools, and of four evangelical faculties in the Winter semester 1939/1940; closing of one further Catholic and of three further evangelical faculties in the near future." (122-PS)
A final letter from Bormann to Rosenberg, dated 24 January 1939, enclosed for Rosenberg's cognizance a copy of Bormann's letter to the Reich Minister for Knowledge and Education (116-PS). In the enclosed letter, Bormann informed the Minister as to the Party's position in favor of restricting and suppressing theological faculties. Bormann stated that, owing to the effects of the introduction of military service, the consequences of the Four Year Plan, and the extraordinary lack of replacements, it would become necessary to carry out a reorganization of the German high schools. In view of these developments, he requested the Minister to restrict and suppress the theological faculties:
"* * * I would appreciate it very much if you would restrict the theological faculties in so far as they cannot be wholly suppressed in accordance with the above statement. I request in this instance the omission of any expressed declaration to the Churches or to other places, as well as the avoiding of a public announcement of these measures. Complaints and the like must be answered (if they are to be replied to) in the fashion that these measures are being executed in the course of the economic plan of reorganization and that similar things are happening to other faculties. "I would appreciate it very much if professional chairs thus vacated can be then turned over to the newly created fields of inquiry of these last years, such as Racial Research, Archeological Studies, etc." (116-PS)
From the foregoing evidence it is clear the Leadership Corps of the Nazi Party shares in the responsibility for the measures taken to subvert the Christian churches and persecute the Christian clergy, both in Germany and in German-occupied territories of Europe. The Prosecution stresses the significance of the appointment of Rosenberg, whose anti-Christian views are open and notorious, as the Fuehrer's Representative for the Whole Spiritual and Philosophical Education of the Nazi Party. It was precisely this position which gave Rosenberg his seat in the Reichsleitung. But emphasis is placed not merely upon the fact that anti-Christs such as Bormann and Rosenberg held directive positions within the Leadership Corps, but upon the further fact that their directives and orders were passed down the chain of command of the Leadership Corps and caused the participation of its membership in acts subversive of the Christian Church.
(e) Destruction of the Free Trade Unions, Imposition of Nazi Control over the Productive Labor Capacity of Germany. The evidence relating to the destruction of the independent trade unions is discussed in Section 5 of Chapter VII. The evidence hereinafter taken up is offered to prove the responsibility of the Leadership Corps for participation in the smashing of the unions and the imposition of Nazi Party control over the productive labor capacity of the German nation.
Soon after the seizure of power (mid-April 1933), Reichsleiter Robert Ley was directed by Hitler to smash the independent unions. Reichsleiter Ley, in his speech to the Nurnberg Party Congress of 1936, declared:
"* * * My Fuehrer! When you, my Fuehrer, ordered me in mid-April 1933 to take over the trade unions, I could not understand why you gave this order to me since I could not see any connection between my task as Organizational Leader of the Party and my new task. Very soon, however, your decision, my Fuehrer, became clear to me and I recognized that the organizational measures of the Party could only come to full fruition when supplemented by the organization of the people, that is to say, by the mobilization of the energies of the people and by their concentration and alignment. If the Party represents the concentration of the Political Leaders of the people-as you, my Fuehrer, have told us again and again-then the people is the retinue and must be organized and trained according to the same principles. Leader and retinue, elite and community at large-these were the clear directives for my work. These were the consequences:
"(1) My tasks as Organizational Leader of the Party and as the leader of the German Labor Front were a completely homogeneous task: in other words, in everything I did I acted as Reich Organization Leader of the NSDAP.
"(2) The German Labor Front was an institution of the Party and was led by it.
"(3) The German Labor Front had to be organized regionally and professionally according to the same principles as the Party.
"That is why trade union and employer associations had to be smashed unrelentingly, and the basis of construction was formed, as in the Party, by the cell and the local section [Ortsgruppe].
"National Socialism has conquered the factory. Factory troops [Die Werkschar] are the National Socialist shock troops within the factory, and their motto is:
'THE FUEHRER IS ALWAYS RIGHT'." (2283-PS)
In furtherance of the Nazi policy to destroy the independent trade unions of Germany, Ley issued a Party directive on 21 April 1933 outlining what was termed a "coordination action" scheduled for 2 May 1933 against the General German Trade Union Federation and the General Independent Employee Federation (392-PS). This directive ordered the SA and the SS to occupy trade union premises, seize trade union funds, and take into protective custody the higher union leaders.
Pertinent portions of Ley's order provide:
"On Tuesday, 2 May 1933, the coordination action of the free trade unions begins.
"The essential part of the action is to be directed against the General German Trade Union Federation and the General Independent Employees Federation.
"Anything beyond that which is dependent upon the free trade unions is left to the discretion of the Gauleiter's judgment.
"The Gauleiter are responsible for the execution of the coordination action in the individual areas. Supporters of the action should be members of the national Socialist Factory Cell Organizations * * *.
"SA as well as SS are to be employed for the occupation of trade union properties and for taking into protective custody of personalities who come into question.
"The Gauleiter is to proceed with his measures on a basis of the closest understanding with competent gau or regional factory cells directors.
"In the Reich, the following will be occupied:
The directing offices of the unions;
The trade union houses and offices of the fur trade unions;
The Party houses of the Socialist Democratic Party of Germany in so far as trade unions are involved there;
The branches and paying offices of the 'Bank for Workers, Employees and Officials, Inc.'
The district committees of the General German trade Union Federation and of the General Independent Employees Federation.
The local committees of the General German Trade Union Federation and of the General Independent Employees Federation.
"The following are to be taken into protective custody:
All trade union chairmen;
The district secretaries and branch directors of the Bank for Workers, Employees and Officials, Inc.
"Exceptions are granted only with the permission of the Gauleiter.
"It is understood that this action is to proceed in a strongly disciplined fashion. The Gauleiter are responsible in this respect. They are to hold the direction of the action firmly in hand.
'(signed) Dr. Robert Ley." (392-PS)
Ley's order for the dissolution of the independent trade unions was carried out as planned and directed. Trade union premises all over Germany were occupied by the SA and the unions dissolved. On 2 May 1933, the official NSDAP Press Service reported that the National Socialist Factory Cells Organization (NSBO) had "eliminated the old leadership" of "Free Trade Unions" and taken over their leadership (2224-PS):
"National Socialism, which today has assumed leadership of the German working class, can no longer bear the responsibility for leaving the men and women of the German working class, the members of the largest trade organization in the world, the German Trade Union Movement, in the hands of a people who do not know a fatherland that is called Germany. Because of that, the National Socialist Factory Cell Organization (NSBO) has taken over the leadership of the trade unions. The NSBO has eliminated the old leadership of the trade unions of the General German Trade Unions League and of the General Independent Employees' Federation * * *.
"On 2 may 1933, the National Socialist Factory Cell Organization (NSBO) took over the leadership of all trade unions; all trade union buildings were occupied and most stringent control has been organized over financial and personnel matters of the organization." (2224-PS)
This assault on the independent unions directed by Ley in his capacity as Reichsleiter in charge of Party Organization, assisted by the Gauleiter and Party Formations, included the seizure of trade union funds and property. In a speech on 11 September 1937 to the 5th Annual Session of the German Labor Front (1678-PS), Ley admitted the confiscation of trade union funds.
"Once I said to the Fuehrer: 'My Fuehrer, actually I am standing with one foot in jail, for today I am still the trustee of the comrades "Leipart" and "Imbusch," and should they some day ask me to return their money, then it will be found that I have spent it, either by building things, or otherwise. But they shall never again find their property in the condition in which they handed it over to me. Therefore I would have to be convicted.'
"The Fuehrer laughed then and remarked that apparently I felt extremely well in this condition.
"It was very difficult for us all. Today we laugh about it * * *." (1678-PS)
The plan of the Nazi conspirators to eliminate the Free Trade Unions was advanced by the enactment on 19 May 1933 of a law which abolished collective bargaining between workers and employers and replaced it with a regulation of working conditions by Labor Trustees appointed by Hitler (405-PS). After providing in Section 1 for the appointment by Hitler of trustees of labor, this law provides, in Section 2:
"Until a new revision of the social constitution, the trustees are to regulate the conditions for the conclusion of labor contracts. This practice is to be legally binding for all persons and replaces the system found on combinations of workers, of individual employers or of combinations of employers * * *." (405-PS)
Having destroyed the independent unions and collective bargaining, the next step of the Nazi conspirators was to Nazify industrial relations. The Law of 20 January 1934, entitled "Law Regulating National Labor," imposed the Leadership Principle upon industrial enterprisers (1861-PS). Section I, paragraph 1, provided that the enterpriser should be the leader of the plant and the workers would "constitute his followers." Section 1, paragraph 2 reads as follows:
"The Leader of the plant makes the decisions for the employees and laborers in all matters concerning the enterprise, as far as they are regulated by this law.
"He is responsible for the well-being of the employees and laborers. The employees and laborers owe him faithfulness according to the principles of the factory community." (1861-PS)
The trade unions having been dissolved and the Leadership Principle superimposed upon the relationship of management and labor, the members of the Leadership Corps joined in and directed measures designed to replace the independent unions by the German Labor Front, the DAF, an affiliated Party organization. On the very day the Nazi conspirators seized and dissolved the Free Trade Unions, 2 May 1933, they publicly proclaimed that a "united front of German workers" would be formed with Hitler as honorary patron at a workers' congress on 10 May 1933 (2224-PS). A release of the Nazi Party Press Agency stated:
"The National Socialist Party Press Agency is informed that a great workers' congress will take place on Wednesday, 10 May, in the Russian House of Lords in Berlin. The United Front of German workers will be formed there. Adolf Hitler will be asked to assume the position of honorary Patron." (2224-PS)
The action committee, which supervised the smashing of the unions under Reichsleiter Ley, met with Hitler and reported that the independent unions had been effectively dissolved. The Fuehrer then consented to be Honorary Patron at the Great Workers' Congress. (2224-PS)
The Leadership Corps of the Nazi Party was not only employed in measures taken to dissolve the independent unions, but certain of its members were given important and directive positions within the German Labor Front, the Nazi Organization which replaced the free trade unions. On 10 May 1933, Hitler appointed Ley Leader of the German Labor Front (DAF) (1940-PS). By the same edict, Hitler appointed Gauleiter Forster as Leader of the Employees' Associations, and Schumann, Leader of the Nazi Factory Cell Organization (NSBO), as Leader of the Workers' Associations. The Hitler edict stated:
"The Fuehrer, Adolf Hitler, has issued the following edict:
"I appoint the Chief of Staff of the Political Organization of the NSDAP, Dr. Robert Ley, as leader of the German Labor Front.
"I appoint Gauleiter Forster, Danzig, as leader of the Employees' Associations.
"I appoint the leader of the National Socialist Factory Cell Organizations (NSBO), Schumann, as leader of the Workers' Associations.
"Berlin, 10 May
"Adolf Hitler." (1940-PS)
The Nazi conspirators employed the German Labor Front (DAF) as an instrument for propagandizing its millions of compulsory members with Nazi ideology. The control of the Leadership Corps over the German Labor Front was assured not only by the designation of Reichsleiter Ley as head of the DAF, but by the employment of a large number of Politischen Leiter (political leaders) charged with disseminating Nazi ideology to the large membership of the DAF. These facts are apparent from pages 185-187 of the Organization Book of the NSDAP (2271-PS):
"The National Socialist Factory Cells Organization [NSBO], is a union of the political leaders [Politischen Leiter] of the NSDAP in the German Labor Front.
"The NSBO is the carrier of the organization of the German Labor Front.
"The duties and responsibilities of the NSBO have passed over to the DAF.
"The political leaders who have been transferred from the NSBO to the German Labor Front guarantee the ideological education of the DAF in the spirit of the National Socialistic idea." (2271-PS)
The foregoing evidence fixes upon the Leadership Corps of the Nazi Party responsibility for participation in the measures leading to the destruction of the independent trade unions and to Nazi Party control over the productive capacity of the German Labor Movement. Not only were these actions directed by Ley in his capacity as Reichsleiter, but they were supervised on a regional basis by the Gauleiter as district representatives of the Leadership Corps. Moreover, the German Labor Front (DAF) which replaced the dissolved trade unions was an affiliated organization of the NSDAP and, as such, remained under the control of the Leadership Corps and was employed by it to Nazify the labor population of Germany.
(f) Plunder of Art Treasures. The Leadership Corps of the NSDAP is also responsible for the plundering of art treasures by Reichsleiter Rosenberg's Einsatzstab Rosenberg, the activities of which are discussed in full in Chapter XIV.
|Charter of the International Military Tribunal, Article 9||I||6|
|International military Tribunal, Indictment Number 1, Section IV (H); Appendix B||I||29,69|
|Note: A single asterisk (*) before a document indicates that the document was received in evidence at the Nurnberg trial. A double asterisk (**) before a document number indicates that the document was referred to during the trial but was not formally received, in evidence, for the reason given in parentheses following the description of the document. The USA series number, given in parentheses following the description of the document, is the official exhibit number assigned by the court.|
|*004-PS||Report submitted by Rosenberg to Deputy of the Fuehrer, 15 June 1940, on the Political Preparation of the Norway Action. (GB 140)||III||19|
|*057-PS||Circular letter from Bormann to Political Leaders, 30 May 1944, concerning justice exercised by people against Anglo-American murderers. (USA 329)||III||102|
|*064-PS||Bormann's letter to Rosenberg, 27 September 1940, enclosing letter from Gauleiter Florian criticizing churches and publications for soldiers. (USA 359)||III||109|
|*070-PS||Letter of Deputy Fuehrer to Rosenberg, 25 April 1941, on substitution of National Socialist mottos for morning prayers in schools. (USA 349)||III||118|
|*071-PS||Rosenberg letter to Bormann, 23 April 1941, replying to Bormann's letter of 19 April 1941 (Document 072-PS). (USA 371)||III||119|
|*072-PS||Bormann letter to Rosenberg, 19 April 1941, concerning confiscation of property, especially of art treasures in the East. (USA 357)||III||122|
|*089-PS||Letter from Bormann to Rosenberg, 8 March 1940, instructing Amann not to issue further newsprint to confessional newspapers. (USA 360)||III||147|
|*090-PS||Letter from Rosenberg to Schwarz, 28 January 1941, concerning registration and collection of art treasures. (USA 372)||III||148|
|*098-PS||Bormann's letter to Rosenberg, 22 February 1940, urging creation of National Socialist Catechism, etc. to provide moral foundation for NS religion. (USA 350)||III||152|
|*100-PS||Bormann's letter to Rosenberg, 18 January 1940, urging preparation of National Socialist reading material to replace Christian literature for soldiers. (USA 691)||III||160|
|*101-PS||Letter from Hess' office signed Bormann to Rosenberg, 17 January 1940, concerning undesirability of religious literature for members of the Wehrmacht. (USA 361)||III||160|
|*107-PS||Circular letter signed Bormann, 17 June 1938, enclosing directions prohibiting participation of Reichsarbeitsdienst in religious celebrations. (USA 351)||III||162|
|*116-PS||Bormann's letter to Rosenberg, enclosing copy of letter, 24 January 1939, to Minister of Education requesting restriction or elimination of theological faculties. (USA 685)||III||165|
|*122-PS||Bormann's letter to Rosenberg, 17 April 1939, enclosing copy of Minister of Education letter, 6 April 1939, on elimination of theological faculties in various universities. (USA 362)||III||173|
|*136-PS||Certified copy of Hitler Order, 29 January 1940, concerning establishment of "Hohe Schule". (USA 367)||III||184|
|*137-PS||Copy of Order from Keitel to Commanding General of Netherlands, 5 July 1940, to cooperate with the Einsatzstab Rosenberg. (USA 379)||III||185|
|*141-PS||Goering Order, 5 November 1940, concerning seizure of Jewish art treasures. (USA 368)||III||188|
|*145-PS||Order signed by Rosenberg, 20 August 1941, concerning safeguarding the cultural goods in the occupied Eastern Territories. (USA 373)||III||189|
|*149-PS||Hitler Order, 1 March 1942, establishing authority of Einsatzstab Rosenberg. (USA 369)||III||190|
|*154-PS||Letter from Lammers to high State and Party authorities, 5 July 1942, confirming Rosenberg's powers. (USA 370)||III||193|
|315-PS||Note of a meeting held in the Reich Ministry for Enlightenment and Propaganda, 10 March 1943, concerning treatment of foreign workers employed in the Reich||III||251|
|*327-PS||Letter of Rosenberg to Bormann, 17 October 1944, concerning liquidation of property in Eastern Occupied Territories. (USA 338)||III||257|
|*347-PS||Letter from Lohse to Reich Youth Leader Axmann, 18 April 1944. (USA 340)||III||267|
|*374-PS||TWX Series of Orders signed by Heydrich and Mueller, issued by Gestapo Headquarters Berlin, 9-11 November 1938, concerning treatment of Jews. (USA 729)||III||277|
|*392-PS||Official NSDAP circular entitled "The Social Life of New Germany with Special Consideration of the German Labor Front", by Prof. Willy Mueller (Berlin, 1938). (USA 326)||III||380|
|405-PS||Law Concerning Trustees of Labor, 19 May 1933. 1933 Reichsgesetzblatt, Part I, p. 285||III||387|
|*407-V and VI-PS||Letter from Sauckel to Hitler, 15 April 1943, concerning labor questions. (USA 209; USA 228)||III||391|
|*630-PS||Memorandum of Hitler, 1 September 1939, concerning authorization of mercy killings. (USA 342)||III||451|
|*654-PS||Thierack's notes, 18 September 1942, on discussion with Himmler concerning delivery of Jews to Himmler for extermination through work. (USA 218)||III||467|
|*656-PS||Letter, undated, from Bormann to Political leaders, enclosing Order of Supreme Command of the Wehrmacht, 29 January 1943, relating to self-defense against prisoners of war. (USA 339)||III||470|
|*840-PS||Party Directive, 14 July 1939, making clergy and theology students ineligible for Party membership. (USA 355)||III||606|
|*848-PS||Gestapo telegram from Berlin to Nurnberg, 24 July 1938, dealing with demonstrations against Bishop Sproll in Rottenburg. (USA 353)||III||613|
|*849-PS||Letter from Kerrl to Minister of State, 23 July 1938, with enclosures dealing with persecution of Bishop Sproll. (USA 354)||III||614|
|*1058-PS||Excerpt from a speech, 20 June 1941, by Rosenberg before people most intimately concerned with Eastern Problem, found in his "Russia File". (USA 147)||III||716|
|*1117-PS||Goering Order, 1 May 1941, concerning establishment of Einsatzstab Rosenberg in all Occupied Territories. (USA 384)||III||793|
|1118-PS||Letter from Rosenberg to Goering, 18 June 1942, and related correspondence||III||793|
|*1130-PS||Note, 11 April 1943, and report of speech by Koch in Kiev on 5 March 1943, concerning treatment of civilian population in Ukraine. (USA 169)||III||797|
|*1164-PS||Secret letter, 21 April 1942, from SS to all concentration camp commanders concerning treatment of priests. (USA 736)||III||820|
|1386-PS||Law concerning the granting of amnesty, 23 April 1936. 1936 Reichsgesetzblatt, Part I, p. 378||III||960|
|1388-PS||Law concerning confiscation of Property subversive to People and State, 14 July 1933. 1933 Reichsgesetzblatt, Part I, p. 479||III||962|
|1389-PS||Law creating Reich Labor Service, 26 June 1935. 1935 Reichsgesetzblatt, Part I, p. 769||III||963|
|1391-PS||Statute of the Academy for German law, 2 July 1934. 1934 Reichsgesetzblatt, pp. 605-607||III||970|
|1392-PS||Law on the Hitler Youth, 1 December 1936. 1936 Reichsgesetzblatt, Part I, p. 993||III||972|
|1393-PS||Law on treacherous attacks against State and Party, and for the Protection of Party Uniforms, 20 December 1934. 1934 Reichsgesetzblatt, Part I, p. 1269||III||973|
|1394-PS||Law to guarantee Public Peace, 13 October 1933. 1933 Reichsgesetzblatt, Part I, p. 723, Art. 1-3||III||976|
|1395-PS||Law to insure the unity of Party and State, 1 December 1933. 1933 Reichsgesetzblatt, Part I, p. 1016. (GB 252)||III||978|
|1397-PS||Law for the reestablishment of the Professional Civil Service, 7 April 1933. 1933 Reichsgesetzblatt, Part I, p. 175||III||981|
|1398-PS||Law to Supplement the Law for the restoration of the Professional Civil Service, 20 July 1933. 1933 Reichsgesetzblatt, Part I, p. 518||III||986|
|1402-PS||The homestead Law of 29 September 1933. 1933 Reichsgesetzblatt, Part I, p. 685||III||990|
|1412-PS||Decree relating to payment of fine by Jews of German nationality, 12 November 1938. 1938 Reichsgesetzblatt, Part I, p. 1579||IV||6|
|1415-PS||Police regulation concerning appearance of Jews in public, 28 November 1938. 1938 Reichsgesetzblatt, Part I, p. 1676||IV||6|
|1416-PS||Reich Citizen Law of 15 September 1935. 1935 Reichsgesetzblatt, Part I, p. 1146||IV||7|
|*1417-PS||First regulation to the Reichs Citizenship Law, 14 November 1935. 1935 Reichsgesetzblatt, Part I, p. 1333. (GB 258)||IV||8|
|1419-PS||Law concerning Jewish tenants, 30 April 1939. 1939 Reichsgesetzblatt, Part I, p. 864||IV||10|
|1422-PS||Thirteenth regulation under Reich Citizenship Law, 1 July 1943. 1943 Reichsgesetzblatt, Part I, p. 372||IV||14|
|1438-PS||Fuehrer concerning administration of Sudeten-German territory, 22 October 1938. 1938 Reichsgesetzblatt, Part I, p. 1453||IV||17|
|*1481-PS||Gestapo order, 20 January 1938, dissolving and confiscating property of Catholic Youth Women's Organization in Bavaria. (USA 737)||IV||50|
|*1517-PS||Memorandum from Rosenberg concerning discussion with the Fuehrer, 14 December 1941. (USA 824)||IV||55|
|**1654-PS||Law of 16 March 1935 reintroducing universal military conscription. 1935 Reichsgesetzblatt, Part I, p. 369. (Referred to but not offered in evidence.)||IV||163|
|1662-PS||Order eliminating Jews from German economic life, 12 November 1938. 1938 Reichsgesetzblatt, Part I, p||IV||172|
|1665-PS||Order concerning treatment of property of Nationals of the former Polish State, 17 September 1940. 1940 Reichsgesetzblatt, Part I, p. 1270||IV||173|
|1674-PS||Second decree for the execution of the law regarding the change of surnames and forenames, 17 August 1938. 1938 Reichsgesetzblatt, Part I, p. 1044||IV||185|
|*1676-PS||Speech concerning the enemy air terror by Reichsminister Dr. Goebbels, 28-29 March 1944. Voelkischer Beobachter. (USA 334)||IV||186|
|*1678-PS||Speech of Dr. Robert Ley. Documents of German Politics, Vol. V, pp. 373, 376. (USA 365)||IV||190|
|*1708-PS||The Program of the NSDAP. National Socialistic Yearbook, 1941, p. 153. (USA 255; USA 324)||IV||208|
|*1774-PS||Extracts from Organizational Law of the Greater German Reich by Ernst Rudolf Huber. (GB 246)||IV||349|
|*1814-PS||The Organization of the NSDAP and its affiliated associations, from Organization book of the NSDAP, editions of 1936, 1938, 1940 and 1943, pp. 86-88. (USA 328)||IV||411|
|*1815-PS||Documents on RSHA meeting concerning the study and treatment of church politics. (USA 510)||IV||415|
|1817-PS||Bureau for factory troops, from Organization Book of the NSDAP, 1936 edition, p. 211||IV||457|
|1855-PS||Extract from Organization Book of the NSDAP, 1937, p. 418||IV||495|
|1861-PS||Law on the regulation of national labor, 20 january 1934. 1934 Reichsgesetzblatt, Part I, p. 45||IV||497|
|*1893-PS||Extracts from Organization Book of the NSDAP, 1943 edition. (USA 323)||IV||529|
|*1913-PS||Agreement between Plenipotentiary General for Arbeitseinsatz and German Labor Front concerning care of non-German workers. 1943 Reichsgesetzblatt, Part I, p. 588. (USA 227)||IV||547|
|*1914-PS||Extracts from Decrees, Regulations, Announcements, 1943 Edition, Part I, pp. 318-319. (USA 336)||IV||550|
|1915-PS||Decree concerning leadership of Armed Forces, 4 February 1938. 1938 Reichsgesetzblatt, Part I, p. 111||IV||552|
|1939-PS||Speech by Ley published in Forge of the Sword, with an introduction by Marshal Goering, pp. 14-17||IV||581|
|1940-PS||Fuehrer edict appointing Ley leader of German Labor Front. Voelkischer Beobachter, Munich (Southern German) edition, p. 1||IV||584|
|1961-PS||Decision of the Greater German Reichstag, 26 April 1942. 1942 Reichsgesetzblatt, Part I, p. 247||IV||600|
|1964-PS||Decree of the Fuehrer regarding special jurisdiction of Reich Minister of Justice, 20 August 1942. 1942 Reichsgesetzblatt, Part I, p. 535||IV||601|
|2000-PS||Law for protection of German blood and German honor, 15 September 1935. 1935 Reichsgesetzblatt, Part I, No. 100, p. 1146||IV||636|
|2001-PS||Law to Remove the Distress of People and State, 24 March 1933. 1933 Reichsgesetzblatt, Part I, p. 141||IV||638|
|2003-PS||Law concerning the Sovereign head of the German Reich, 1 August 1934. 1934 Reichsgesetzblatt, Part I, p. 747||IV||639|
|2016-PS||Order concerning the jurisdiction of SS courts and Police courts in the Protectorate Bohemia and Moravia, 15 July 1942. 1942 Reichsgesetzblatt, Part I, p. 475||IV||649|
|2029-PS||Decree establishing the Reich Ministry of Public Enlightenment and Propaganda, 13 March 1933. 1933 Reichsgesetzblatt, Part I, p. 104||IV||652|
|2057-PS||Law relating to National Emergency Defense Measures of 3 July 1934. 1934 Reichsgesetzblatt, Part I, p. 529||IV||699|
|2079-PS||Reich Flag Law of 15 September 1935. 1935 Reichsgesetzblatt, Part I, p. 1145||IV||707|
|2100-PS||Decree on position of leader of Party Chancellery, 24 January 1942. 1942 Reichsgesetzblatt, Part I, p. 35||IV||726|
|2118-PS||Police decree on identification of Jews, 1 September 1941. 1941 Reichsgesetzblatt, Part I, p. 547.||IV||750|
|2120-PS||Law on passports of Jews, 5 October 1938. 1938 Reichsgesetzblatt, Part I, p. 1342||IV||754|
|*2224-PS||The End of the Marxist Class Struggle, published in National Socialist Party Press Agency, 2 May 1933, pp. 1-2. (USA 364)||IV||864|
|2225-PS||The Front of German Workers has been Erected, published in National Socialist Party Press Agency, 3 May 1033, p. 1.||IV||868|
|2230-PS||Agreement between Ley and Lutze, chief of staff of SA, published in Organization Book of NSDAP, 1938, pp. 484-485b, 486c||IV||871|
|2270-PS||Coordination of Cooperatives, published in National Socialist Party Press Agency release of 16 May 1933||IV||938|
|2271-PS||The National Socialist Factory Cells Organization, published in Organization Book of NSDAP, pp. 185-187||IV||940|
|*2283-PS||The Fifth Day of the Party Congress, from Voelkischer Beobachter, Munich (Southern German) Edition, Issue 258, 14 September 1936. (USA 337)||IV||941|
|2325-PS||Decree in execution of Article 118 of German Municipal Order, 26 March 1935. 1935 Reichsgesetzblatt, Part I, p. 470||IV||1034|
|2336-PS||Special Circular on Securing of association of German Labor Front against hidden Marxist sabotage, 27 June 1933||IV||1052|
|*2349-PS||Extracts from "The Myth of 20th Century" by Alfred Rosenberg, 1941. (USA 352)||IV||1069|
|*2473-PS||Extracts from National Socialist Yearbook, 1943, showing party positions of other Cabinet members in 1943. (USA 324)||IV||226|
|*2474-PS||Directive of 25 October 1934, Decrees of the Deputy of the Fuehrer, signed by Hess. (USA 327)||IV||227|
|*2660-PS||Distribution Plan for Gaue, Kreise, and Ortsgruppen, from The Bearers of Sovereignty, 2nd Issue, 3rd Year, February 1939. (USA 325)||IV||365|
|*2715-PS||Speech by Hitler to the Reichstag on 20 February 1938, published in The Archive, February 1938, Vol. 47, pp. 1441-1442. (USA 331)||IV||376|
|*2775-PS||Hitler's speech, published in Nurnberg Party Congress, 1934. (USA 330)||IV||418|
|*2958-PS||Extract from The Statistics of the NSDAP, Issue 8, 1939, p. 10. (USA 325)||IV||663|
|*3051-PS||Three teletype orders from Heydrich to all stations of State Police, 10 November 1938, on measures against Jews, and one order from Heydrich on termination of protest actions. (USA 240)||IV||797|
|*3063-PS||Letters of transmission enclosing report about events and judicial proceedings in connection with anti-Semitic demonstrations of 9 November 1938. (USA 332)||IV||868|
|*3230-PS||Fight and Order - Not Peace and Order! from the Bearer of Sovereignty, February 1939, p. 15. (USA 325)||IV||937|
|*3268-PS||Allocution of His Holiness Pope Pius XII, to the Sacred College, 2 June 1945. (USA 356)||IV||1038|
|3738-PS||Geneva Convention of 1929 relative to treatment of Prisoners of War||IV||599|
|*D-75||SD Inspector Bierkamp's letter, 12 December 1941, to RSHA enclosing copy of secret decree signed by Bormann, entitled Relationship of National Socialism and Christianity. (USA 348)||IV||1035|
|*D-728||Circular, 15 March 1945, from NSDAP Gauleitung Hessen-Nassau to the "Kreis"-Leaders of the Gau, concerning Action by the Party to keep Germans in check until end of the War. (GB 282)||IV||174|
|*L-154||Letter from Hoffman, 25 February 1945, concerning action to be taken against pilots who are shot down. (USA 335)||IV||904|
|*L-172||"The Strategic Position at the Beginning of the 5th Year of War", a lecture delivered by Jodl on 7 November 1943 at Munich to Reich and Gauleiters. (USA 34)||IV||920|
|*L-221||Bormann report on conference of 16 July 1941, concerning treatment of Eastern populations and territories. (USA 317)||IV||1086|
|*L-316||RSHA Order of 5 November 1942, signed by Streckenbach, concerning jurisdiction over Poles and Eastern Nationals. (USA 346)||IV||1104|
|*R-101-A||Letter from Chief of the Security Police and Security Service to the Reich Commissioner for the Consolidation of German Folkdom, 5 April 1940, with enclosures concerning confiscation of church property. (USA 358)||VIII||87|
|*R-101-C||Letter to Reich Leader SS, 30 July 1941, concerning treatment of church property in incorporated Eastern areas. (USA 358)||VIII||91|
|*R-101-D||Letter from Chief of Staff of the Reich Main Security Office (RSHA) to Reich Leader SS, 30 March 1942, concerning confiscation of church property. (USA 358)||VIII||92|
|*R-110||Himmler order of 10 August 1943 to all Senior Executive SS and Police officers. (USA 333)||VIII||107|
|*R-112||Orders issued by Reich Commissioner for the Consolidation of German nationhood, 16 February 1942, 1 July 1942, 28 July 1942. (USA 309)||VIII||108|
|*R-114||Memoranda of conferences, 4 and 18 August 1942, concerning directions for treatment of deported Alsatians. (USA 314)||VIII||122|
|*Chart No. 1||National Socialist German Workers' Party. (2903-PS; USA 2)||VIII||770|