Lt. (Jg), Us:M 10 November 1945

I NTH E

I~ITERNATIONAL MILITARY TRIDUNAL

TRIAL BRIEF

CRDHNALITY 0;;' DAS KORPS DER..

FDLITISCHE' !EITER Dill HATIONAlSOZIAL-

ISTISCrlliN DEUTSCHEN k1BEITERPARTEI I (LEADERSHIP CORPS OF THE K\ZI PARTY)

FOR ROBERT H. JACKSON UNITED STATES CHIEF OF COUNSEl

BY THOYtAS F. W.BERT, .ill, Lt. (jg), us:m

10 November 1945

OFFICE OF U.S. CHIEF OF CourSEL SECTIO~! 6

GEORGE E. SEAY

LT. COL., A.C.

CHIZF OF SECTION

I..BGAL S'.".'lFF T1UAL O::CA:r:r:ZATJO!'T INDEX

TOPICAT INDEX Page No. Section of Indictment...... xii Count One, IV (H), Sentence 2 .. . .. xii Appendix. B••..•••••••• xii

legal Ref~rences •••••••.....•.•••• • xiii

ChQrter of Intern~tion~l .:ilitQry Tribunal . • • ·. . Article 6 (n), (b), & (c) ...... ·. .. xiii J.rticle 9 xiv OP13l.I :G STATEf.'.E 'T . . .. . 1 1

:,iTj.Ti:L::JJT OF EVIDENCE ...... •• 2 - 72 I. Composition, Functions and Powers of the LCQdership Corps of the Nazi Party · . . ·2 12 ~. Definition of the Loadership Corps • 2 B. Hierarchical Organization of the leadership Corps .••...... 2 - 7 1. Th-.; :r.eichsl(;itl.:r (Reich !GC1.ders) • 2 - 4 2. The GC'uleiter (District I,e<.'.ders) 4 - 5 3. Th(; l~reisleiter (County lenders) •• · ... 5 4. The Ortsgruppenleiter (Local Chapter leaders) ••• 5 - 6 5. The Zellenleiter (Cell ~~~ders) 6 6. Tht; :310c ~leiter (Dlock J.eaders) .. .. 6 - 7 C. The "Hoheitstmger" ("Bearers of :;overeignty") • '1 - 8 D. Org~nization of l~~dership Corps under the ''It;Qdership Principle" 9 - 10 1. Provisions of P~rty !.{anu.:'..l . .. · . . 9 2. Oath of ~olitic['J. Leaders to Hitler ·... 9 3. Appointm",nt of PoliticnJ.. LGnders · . . 9 E...... uthority of Hohcitstmg0r ("Bc;r,rl:lrs of Sover eignty") in l",n.dership Corps to c

b. syst0mntic P~rsocution of C10rgy • . . . 48 - 51 c. Confisc~tion of Church and ~eligious Property • • • . • • • • . • . • • •• 51 - 54

d. Supprossion of ~eligious Public~tions and Interference with Rvligicus 2duct~.tion • • • • • . • • • • • 54 - 58 2. Participation of Leadership Corps in the Destruction of the Independent Trade Unions and the Dnposition of Conspiratorial Control over the German Labor Force • • •• 59 - 66 TOPICAL INDEX (CONTID)

a. Participation of Prominent Eembers of the !..eadership Corps in the Destrl1ction of the Independent Unions • • • • .' • • • . • • • J • • •

b. Imposition of the "1,eadership ?rinciple" upon the Gennan Industrial System • • •• 63

c. Replacement of th e Independent Unions by the Gennan !-abor Front (DAF), an Affiliated rSDAP Organization • • . • •. 63 -

Responsibility of teadership Corps of the r,:azi Party for the Illegal Activities of the "Einsatzstab Rosenberg" in Plundering and Looting Property in Gennan-Occupied Areas • . • ...... 67 _ 72 i a. Form?-tion, Objectives and '?owers of the "Einsatzstab Rosenberg" •• • • • • 67 - 68' b. Scope of Activities • 68 c. Cooperating Agencies ...... d. Method cf Operation '...... 71 e. r-:ature, :!.:Xtent and Value of Property Seized • • ~ . 71 - 72 l'.RGUMENT AND CONCLUSION ...... 73 - 75 , DOCUMENTS, CITED IN TRIAL BRIEF ON CRIMINAII1Y OF DAS KORPS DER P01ITISCHE~; .LEITI+R DER NATIONAISOZIALISTISCHEN DEUTSCHEN ARBEITER-= PARTEI. (I,EADERSHIP a:mps CF THE NAZI ~ARTY) I. NUlmRICAL I,lST

Doc. No. Page No. Description of Docu~ent

1. D-75 45 SD Inspe cto r Bierkamp' s letter to HSHA enclosing copy of secret decree signed by Bonnann condemning Christian Churches - 12 December 1941.

2. 1-172 30 Lecture by Chief of Gene ral st'aff of Armed Forces, 7 November 1943, to ~eich and Gauleit er, l~unich.

3. 1-179 39 Copy of letter from ~HA to police officials, 5 November 1942.

4. L-221 44 ' Copy of menorandum by ;1eichsl.eiter Bor mann of meetir.g called by Hitler, 16 July 1941, attended by Rosenberg, Lammers, Keitel, and Goering.

5. 004-PS Report on the Political Preparation of the Norw~ Action, dated 15 June 1940, Be rlin, subrnit t ed by :los enbe rg to the Deputy of the Fuehrer.

6. 057-Ps '31 Circular letter from Bormann to Political Leaders, dated 30 Hay 1944.

7. 064':'PS 55 Bormann l s letter to Rosenberg dated 27 September 1940, enelosing letter from C..c,uleiter F1Qrian criticizing churches and publications for soldiers.

8. 070-PS 45 Bormann's office re ports by letter to Rosenberg progressive cancellation of morning prayers in school and substitu tion of NS mottos, etc. 25 ,\priJ. 1941.

9. 071-PS 70 Copy of :tos enberg letter to Bormann, 18 June 1940.

10. 072-PS 52 Letter from Bormann to ~os enbe rg re seizure of archives of churches and monasteries dated 10 April 1941.

11. 089-PS 56 !..etter from Bormann to' Ylosenberg, dated 8 March 1940, instructing I.mann n'ot' to issue further nev:sprint to cOJ:1.fessional newspapers.

12. 090-PS 70,72 Letter Ros enberg to Cchwarz dated 28 January 1941, copy initialled lI,sch. 1I

13. 09B-PS 46 Bormann's letter to 20senberg dated 22 February 1940 urging creation of ns Catechism, etc. to provide moral founda tion for NS religi on.

14. 100-PS 47 Bormann's letter to Rosenberg dated 18 January 1940 urging preparation of NS rea1ing material to replace Christian literature for soldiers. , Doc: No. Page No.

15. 101-PS 56 Bormann's letter to Rosenberg re : undeGirability of religious literature in ~:ehnnacht - 17, January' f~46:"" ~"~".~",

16. 107...PS 47 Circular letter to all ~eich and Gau leiter dated 17 June re non-parlicipa-..', ,I tion of,~eichsarbeitsdienstin religious celebrations.

17. 116-ps 57 i Bormann IS letter to Ros enberg, enclosing. copy of letter to Rust requesting re striction'/ 'Umination of theological facu1ti<.:., /" January 1939. lS. 122-PS Bormann I 5 letter to Ros enberg enclosing copy of Rust's letter on'elimination of theological faculties in various univer sities. 17 April 1939.

19. 136-PS 67 Certified copy of Hitler, order, dated 29 January 1940.

20. 137-PS 69 Certified co py of Kei tel order, dated 5 Ju]y 1940.

21. 141-PS 67,70 Certified copy of Goeri~ order, dated 5 November 1940.

22~ 144-PS 71 Photostatic copy of CcEiring ord~r, ,dated 1 May 1941, Goering I s signa.ture.

23. 145-PS 70 Photostatic copy of order from Ros~.nberg; :," , Ros onberg' s signature, dated 20 I~UghSt ' , . 1941.

,24,. 149-PS 68 Certified copy of Hitler order, dated 1 Harch 1942.

25. 154-PS Photostatic cO,ny of Hitler order, ,dated 5 ,July 1942, J,ammcrs I signature.

26. 315-PS 36 t!otc of a meeti~ held in the :lei~h , ::inistry for ;::nJ.ibhtenment an'd propn.ganda, 10 March 1943,.relating to -treatment, of foreign workers employed in th e ~eich ~ .'

~nberg 27. 327-PS 30 Lette::' of R,O""; to ::loi:mann, 17 ' I October 1944, concerning liquidation of property in the 'Eastern Occupied Terri tories.

2S. 347-PS 32 Copy of letter, lS A;.n'il 1944, from I"ohse to :le,ich Youth Iceader f..:,·.':-:l.a.nn.

29. 374-P3 42,43 Cl):J j' of teletyp:; message from Heydrich to .3tut'" Polic~ offices, relating to measure s aga:inst Jews.

30. 392-PS 11,60,61, The Social life of NCv-I Germany with Special' 62' Consideration of the German 1.<.1001" Front (B",r'1in, 193(3), ,by Prof. ·,;ilJ.y !,lueller, pp. 51-54. Contains two NSDAP orders by Ley on taking over unions, one dated 21 April 1933, the other dated 24 June 1933~ 'Doc. No. 'Fage No. DeGcription of DCC~!:~~~

31. 405-PS 61 Law COI"ccrl:ing T~u",t~es of Labor, 1933 RGE1, I, 2135.

3.'2;:. 407-P's 33 VI, lcttui' from Gr~l.lleiter Gauckel to Hitler, dat.ed 15 April 1943..

33. 630-PS 35 Memorandum of Eitler, 1 ,scnteii,ber 1939, relating to authorization of mercy killings.

34. 654-PS 37 Note of a dis cussion on 18 SC;'lte:nber 1942 with Hinunler relating to "s:1cci.ll treat ment"by police in cases where judicial sentenc es are deemed inadeouate.

35. 656-ps 31 Un~'

;36. 840-PS 50 Pc1.1'·t~..- directive sig r..ed by BOi'!f:Ann ex cluding clergy and theology 'students from PartJ ;.iembership. 14 July 1939.

37. 848-PS 50 G-.:;~;tapo telegram dated 24 July 1930, BU1'l~n to Nlu'n::cr8 dealing with demon strations against B:L:bol) ':;~)roll in Rottcnburg.

38. 849-PS 51 Letter from Kerrl to Minister of state with enclosures dealing with persecuti on of Bish op Sproll - 24 July 1938.

39. 1015-!l.PS 71 Photostatic copy of letter of Goering to Rosenberg, dated 21 November 1940 Goering's signature.

40. 1058-PS 40 Speech by Reichsleiter Rosenberg, 20 June 1941

41. 111S-PS 70 Copy of letter, Rosenberg to Goering, 18 June 1942.

42. l130-PS 38 Note on speech by Koch in Kiev, 1 April ,1943.

51 ,secret letter. dated II }.pri1 1942 from SS to all concentration Oemp commanders re treatment of priests.

44. l386-ps 20 Law concerning the granting of amnesty, 23 April 1936, 1936 RGE1, I, 378.

45, 1388-PS 16 Law against the FOTnlation of New Political Parties, 1933 aGB1, I, 479.

46. 1389-PS 65,66 Law Creating Reich Labor Service, 1935 RGB1, I, 769..

47. 139l-PS 18 1934 RGB1, I, 605-607.

48. l392-PS 20 taw on the Hitler Youth, 1 December 1936, 1936 RGB1, I, 993. . DOCt " No~ , page No. ~ ,,...... '.,'" i 49~ :d91'-PS 18 Law of 20'December 1934, 193~ RGB1,' I,

50. 1394-PS 17 J"aw of 13 October 1933, I 1933 RGB1, I, 723 \ 51. 139'5-PS 17 La,:: on Sec11ring tm UnitJT of Party and state, 1 December 1933, 1933 RGB1, I, 1016.

52. l,97-PS 16 Law for t;.e Reestablishment of the Pro fessional Civil ,service, 7 .".pril 1933, " 1933 RGB1, I, 175.

53. 1398-PS 17 Lavi to supplement the law for tre restora.l. tion of the Professional Civil Service, , 1933 RGB1, I, 582.

54. 1402-PS The Homestead Law of 29 September 1933, 1933 RGB1, I, 685.

55. 1412-PS 26 Order concerning expiated contribution of Jews of German nationality, 12 November 1938, 1938 RGB1, I, 1579.

56. 1415-PS 26 police Regulation r8 Ap}~arance of Je\vs in public, 28 povember.193B, 1938 :rl.GB1, I, 1676.

57. 1416-PS 25 The Reich Citizenship law, 1935, I, 1146. 58. 1417-PS 25 1935 RGB1, I, 1333.

59. 1419-PS 26 Law Concerning Jewis h Tenants, 30 April 1939, 1939 RGB1, I, 864.

60. 1422-PS 27 13th Regulation of 1 July 1943 under the Reich Citizenship Law, 1943 RGB1, I, 372.

61. 143n-ps 33 Third order, supplementary to the decree of the Fuehrer concerning the adn1inistra... tion of the Sudeten-German territory, 1938 RGB1, I, 1453.

62. 1481-PS 58 Gestapo order, 20 January 1938 dissolving and confiscating property of Catholic Young ::omens Organization in ~avaria.

63. 1517-PS 40 Memorandum from :tosenberg files, con cerning discussion with the Fuehrer, 14 December 1941, signed by Rosenberg.

64. 1654-PS 33 Law fer thE; Organization of the Armed Forces, 1935 RGB1, I, 369.

1662-PS 26 Order eliminating Jev:s from German economic life, 12 November 1938, 1938 RGB1, I, 1580.

66. 1665-PS 26 Order concerning treatmmt of pcoperty of Jationals of the former polish State, 17 Scptembur 1940, 1940 RGB1, I, 1270.

67. 25 Socorrl Decrt::e for the Execution of the Law regarding t he change of Surname sand Forcna:n:::s, 17 ,"..ugust 1938, 1938 RGB1, I, 1044. Description' of Document ( J

Documents of German politics, Speech Ley, Vol. V, pp. 372, 373 and 376. 69. 1708-PS 12,13 25 points of t..l1e Program of the NSDAP. Point 24 on religious freedom and limitations thereon. 70. 1814-PS 2,15,63, Organization pook of the NSDAP, 1936, 64 1938 and 1940 Editions, pp. 86-88. 71. 1815-PS 49,52 Gegeapo "...tile on,.e:s1:)"J..onageNahd::9t.E1'~~ iiieaswBs against clergy. Confiscation, suppression, etc. Kirkenpo1itischer Nachrichtendienst. 72. 1817-PS 65 Organization Book of tlP NSDAP, 1936 Edition, p. 211. , 73. 1855-PS 47 Organisationsbuch der NSDAP (p. 418) "The SS man opE:I11y fights t;n8mies of the State - Jesuits , clergy, etc." 74. 1861-PS 63 Law regulating National Labor, 1934 RGB1, I, 45.

75. 1893-PS 2,3,4,5,6,7, Organization Book of thl- NSDAP, 1943 8,9,10,11,14, Edition, p. 19, 24, 50A-51, 98, 120, 136. 15,21 76. 1913-PS 65 Agreemont b0tween Sauckel and Ley, 1943 RGB1, I, 588.

77. 1914-PS 28 Statute?, regulations, publications, 1st part, 1943 Edition, pp. 318-319, publish ed by Central Publishing HOUl e of th (~ ~:3DAP. 78. 1915-PS 20,21 Decree of 4 February 1938, 1938 RGB1, I, 111. 79. 1939-PS 66 Forge of thE: Sword, speech by ley, pp. 14-17. 80. 1940-PS 63 Voelkischer Beoba.cht er, ~f,unich (southern German) Edition, FUGh rer edict appointing Ley 18ader of C-orman labor Front, p. 1. 81. 1961-PS 22 Decision of the Greater German Reichstag, 26 April 1942, 1942 ReB1, I, 247. 82. 1964-PS 23 1942 RGB1, I, 535. 83. 2,000-ps 24 Law for the protection of German Slo'ad and Honor, 15 :~ptt:IIJber 1935, 1935 ~GB1, I, 1146. 84. 2001-PS 15 Law for the Protection of the People and the Reich, 23 ~.~arch 1933, 1933 IlG:91, I, 141. 85. 2003-PS 18 Decr~e of 1 August 1934, decree merging offices of Ruich President and ~eich ..... ,... ~ _.'. .. _. ~. ,..., \,.I.~~40.""'V ~',.I' ,/ .". Doc. No. Page No.

88. 2016-PS 23 Order concorning thG jurisdiction of SS courts and Police courts in the tectorate Pro Boh(;;''Tlia and :~oravill, 1942 RGB1, I, p. 1+75. 89. 20 57-PS 18 Decree of 2 July 1934, 1934 RGB1, I, 529 •. 90. 2079-PS 20 taw of 15 September 1935, 1935 RGB1, 1145. I, 91.. 2100-PS 22 DecrL;G on the position of thE; lE::ader of the Party Chancellery, 1942 RGB1, I, 35. 92. 2l1S-PS 27 Police decree of Identification of 1 September Jews, 1941, 1941 RGB1, I, 547~ 93. 2120-PS 25 Law on Passports of Jews, 5 October 1938, 1938 RGB1, I, 1342. 94. 2224-:-PS 60,63 National Socialist Party Press Jervice relE::ase, 2 Hay 1933, p. 1. 95:. 2225-PS 61 National Socialis t Party Press releas~, Service 3 May 1933, p. 1. 96. 2230-PS 65 Organization Book of the NSDAP, Edition, 1938 agreement botween Ley and lutze, pp. 484-486c • 97. 2233-PS Copy of Diary of Hans Frank, 15 .Septenber 1939 to 3 ".pril 1945. 98.. 2270-PS 64 National Socialist Party Press Service rL;lcase, 16 ~ay 1933, pp. 1-2. 99. 2271-PS 64 Organi zation Book of the USDAP, 1936 Edition, Organization of German labor Front, p. 185. 100. 2283-PS 29,59, Voelkischer Beobachter, Munich (Southern 60 German) Edition, speech of Ley, 14 Septem ber 1936,-p. 11. 101. 2325-PS 19 Docree in execution of Art. 118 of German the Lunicipal Order, 26 ~{arch 1935, 1935 RGB1, I, 470. 102. 2336-PS 64 German Labor Front, Special Circular on Sabotage, 27 June 1933. 103. 2349-PS r;.uotations from J,os l:lnberg' s Der Mythus Des 20 Jahr-hundert. 104. 2473-PS 3,4,16, National Socialis t Year Book, 28,32,66 Edition, 1943

105. 2474-PS 12,19,22 Directive of 25 October 1934, Decrees the of Deputy of thc;:: Fuehrer, p. 67. 106. 2660-ps Der Hohei tstragor, sc:cond issue, 3rd year, FE.:bruary 1939, "Distribution Plan for Gaue, Kruise, and Ortsgruppen. 107. 2958-PS 12 Der Hohoitstrager, issue, 8, 1939, p. 10~ x Doc. No. Page No.

108. R-36 38 Copy of memoranq.~ to. Rosenberg, 19 August 1942, re Eormann 1~tt0r of 23 July 191+2, prepared by an official in tl10 Roo (mberg Hinistry.

109. R-l0l 54 RSHA corrc.:spondence, chtod butween 5 April 1940 and 30 April 1942, relating to confiscation qf Church property, four lottars.

110. R-112 40 Deere.os of the J.eieh Corrunissionor for the Consolidation of German nationhood, ],<'ebrmry end July 1942.

111, R-ll4 41 Memoranda of conferonces botween Gau loiter and 55 and police officials, 7 and 18 August 1942. II.

BORMANN

i D.?5; L-221; 057-PS, 064-PS, 070-P~, 071-PS, 072-PS, u89-PS,

" 098-PS, lOO-P,s, lu1-PS, 116-PS, J.22-P3, 327-PS, 656-PS, 8/.;.O-PS; R-3t

FMNK ...... , . 2~33-PS

GOERING e... L-:-221; lLf1-PS, 1l,l.,.-PS, 1015-i-PS, 111G-PS

OO~,-PS, 1395-ps, 2474-PS

KEITEL

1-221; 137-PS

RDSENBERG

L-221; 004-PS, Q6l;,-PS, 070-PS, 071-PS, 072-PS, OG9-PS, U90-PS,

098-PS, 1U\)-PS, lOl-PS, 116-PS, 122-PS, 145-PS, 327-PS,

l015-i-PS, l058-PS, 1118-PS, 1517-PS, 2349-PSj ~-36

SAUCKEl

407-PS, 1913-PS xii

SECT ION OF INDICTMENT

COUNT ONE, IV (H), SENT"E~CE 2:

", •••Reference is hereby made to AppendiX B of this Indictment for ~ statement of the responsibility of the grnups and organizations named herein as criminal groups and or6anizations f~r the offense set forth in this Count One of the Indictment. "

AF?ENDIX B:

"Statement of Criminality of Groups and Organizations The statements hereinafter set forth, followin~ the n~me of each Group or Organization named in the Indictment as one which shnuld be declared criminal, constitute matter$ upon Which the prosecution rely will inter alia as establishing the criminality of the Group or Or6a.ni. zat ~on! ...... , . ~~ l{O:\,U'S DEB. ~OLITISCHEN LEITER DER NATI"lNALSOZIALISTISCHEN " J;)EUTSCHEN A...'illEITER?ARTEI (LE..illERSHI:r" COR7'S OF THE NAZI P-f'RTY)

I!Das Korps der lol1tischen Leiter der Nationalsozialistischen Deuts!;:hen Arbeiterpartei (Leadership Corps of the Nazi !'Ill'ty) referred " to in the Indictment consists of persons Who were at any time, according tn Common Nazi terminolo6Y, "Iolitischer Leiter" (rol~tical Leaders) of any grade or rank.

The I"nlitischen Leiter comprised the leaders of the varif\Us functif\nal o~fices of'the !arty· (for example, the Reichsleitung, ?arty or Reich Directorate, and the Gauleitung, or ~arty Gau Directorate), as well as the territorial leaders of the iarty (for example, the Gaule iter) • , The iolitischen Leiter Were a distinctive and elite group t~e Naz~ within, rarty proper and as such were vested with special prerogatives. They were or6anized according to the leadership principle and charged were With planning, developinb and imposing upon their followers ~he poliCies of the Nazi ?arty. Thus the tp.rritorial leaders among them were called Hoheitstr~er, or bearers of sovereignty, entitled and were to call upon and utilize the various ~arty formatif\ns When necessary for the execution of iarty policies.

Reference is hereby made to the alle5atif\ns in Count In~ictment One of the shoWing that the Nazi ?arty was the central core common of the plan or conSpiracy therein set forth. The iolitischen Leiter, as a major power Within the Nazi j;"arty proper, joined in plan the common or conSpiracy, and accordingly share responSibility for crimes the set forth in Counts One, Two, Three and Four of the Indictment, The prosecution expressly reserves the riGht to re~uest, at any time before sentence is pronnunced, that iolitischer Leiter ~ubordinate of grades or ranks or of other types or classes, to be SpeCified by the prosecution, be excepted from further proceedings or actions against them." xiii

LEGAL R.:'W:;:;R.ENCES

CHART:::;n OF INTL""'RNATIONAL iHI.ITARY TRIBUNAL

Article 6 (a), (b), & (c)

Article 6.

liThe Tribunal established by tl1l~ .I\greement referred to in Article 1 hc;rGof for tho trial and ~unishmt:rrt of t h<.; I!lr1.j or we,r criminals of till Euro}X1Cll1 Axis countrios shall have the povJer to try and punish persons VJho, acting in the interests of tht; European Axis countries, vin ether as individuals or as members of 0 rganiz~tions, com.rnitted any of the following crim~s.

liThe following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which thl-:re shall be individual responsibility:

(a) CRlf.f.ES AGADJST PEACE: nDmely, planning, pre pnration, initiation or waging of a war of aggrGssion, or a war in violation of international treati8s, ~gr~em~nts or assurances, or pnrticipa tion in n common plan or conspiracy for tho accom plishrut;nt of any of thb foregoing;

(b) -.fAR CIlIJ.:LS: m·.mely, violations of trJO laws or customs of V'ar. Such violations shall include, but not be li;nitl.d. to, murder, ill-trec:-.tment or. dvport9.tion to slav0 labor or for any othor purposG of civilii.'.n populJ\tion of cr in occu piod tcrritor~f, murde:r or ill-tr"atment of prisoners of ',';ar or p:.rsons on till; sCC'.s, kill ing of hostages, plunder of public or private propurty, war.ton dE;struction of citics, towns) or villages, or dGvastation not justified by mili~ary n~cessity;

(c) CRTIlES AGAINST HUWu~ITY: nDmcly, murder, exterm ination, enslavom~nt, deportation, ,~d other in hurn8.nc acts commit ted against any civili2.n popu lation, bdore or during the:: i·'ar; or porsecutions on politic8~, racial or religious grounds in eXt:cution of or in connuction with any crime i"!l thin thE; jurisdiction of the Tribunal, wht:thcr or not in viol ....tion of thE; domestic law of the country whvr<:: perpetratE;d.

"Lvaders, orgnnizers, ir.stigC'.tors and accomplices partici pating in thu fonnul;'.tion or execution of n. common plan or conspiracy to commit any of thE; foregoing crimes nrc rospon siblE; for nll '::.cts p"rformud by c:m~T p.::rsons in execution of such pl,m." LEGAl, REFERENC~S. \.s~ ,D)

Articlu 9

Article 9~

"At tho trial of any individu8l m~mb8r of My group or organization the: TribunEu JIk'lY declare (in conn8ction with any act of which the individuDl may bo convicted) that tho group or orgo.l'lization of which thu individu:J.l was a membor "Vias a crimincl organization~

"1l.ftGr receipt of the Indictmlmt th 0 Tribunal sh <'.11 give such notice ns it thinks fit thr.t thE; prosGcution intends to ask the; Tritunal to make: such decl~ration and any memb6r of the orgo..'1.ization "Jill be entitled to apply to the Tribun:1l fo l' l(;:ave to be hl::ard by the Tribunal upon the question of the criminal charac ter of the organization. The Tritunnl shnll hnve power to allow or rt;:j6ct the r.pplicc,tion. If th", applica tion is v..llowed, the Tribun2.l ffi.:c;y direct in what manner the a.pplicc.nts shall be rC;;Jpr0sented and ho;ard." The evidence marshalled and hereinafter set forth in the Statefler.t cf E...r:i,d~nce is offered in demonstration and proof of the crirlli 1<11i+';1 'Ji the Leadership Corps of the Tazi Party as a Group or O:i.'.:;a:nz&t:..on,

The evide:1ce will show that the :;:'ee.dership Corps was a dis tinctive and identifi~~le OrGanization within the meaning of thaG term as used i:l lI.rt::"C:i..6 9 of' the Char'~er~ comprising the :nain leaders of the Nazi P~rty: Hltler, the central staff of Party leaders unde::.~ "he ft.:.ehrer, Y.no",m as the Reichsleitung (neich Party DiJ.~ectorate)) aad R h:.t.er.-l:rc:w ')f P'J::" Ltischer leiter (Pol:-tical le,~ 'ers) crgc:.ni2.'3d lx,?on a territorial basis, to wit, the G,;uleiter, Krcisleiter, Cr::'s;;ruppsnlei:'cr, ZeJ.lenleiter, and EJ ockleiter (:'11 herci: ~lft6r defined), <:..S v!ell as the ~)rincipal staff offi r::ers of each of these> :::'c will be furt]ler ~ho'tm thatthe Politissher ::'eitcr '[ere an inner eJ.ite 0: the :?arty, constituted its drivin[S fo:'cE:; possessed special ~'re'.'ogat,iYes) vievied the p"rty program (~~el'i:<~:,,, points of vlhich cor~dlt-lted the esoGntial elements of the J~csr,<;;r Plan) L~S dogma an1 !101itir.al cormnandnent, were under an oath 0;" a',)" solute obedience to Hitl~r, and were charged with develor-ing and ira~csing upon V:eir fQ:J..l'Ji':ers end t;1(~ German people the policies of the ~~zi Party and the ~~~cons?irators,

The evidence set forth elsG',"here in the ! 'D.ster Trial Brief, to gether with that )resented in the instant Brief, iiill show tha~, tJ":e Politischer J..,eiter participnted as 183,ders, organizers and instip;£'.t, aI's in the various me

Having seized totalitarian control, it will next be ShOi'ffi that t~~~ ~arty and the Leadership Corps steudily extended their control oVer the German state and Govern::lent) ')y combining state and' pa,:r;ty officr:;.:. in the sane Politischer !..eiter, by reJ;ressing all opposition to the Party by state action, by t~e [;uppression or :~azification of all orS2.: ized bodies ',hich might challenge t.he Party's authority, by e;:lponer:.r" top members of the leadership Cor~s (e.g., Hess and Bormann) to ~2rt~- , pate in the legislative process and in the appointment of govermnor:c,<:1 oifici,',ls. On the basis of this demonstrated domir;ation of state b:" rarty, the subwission is then ~ade that the leadership Corps sh~res respon3ibility ;:01', among other enactments and measures taken by th:.; Gennan Stdte and Govern~ent in exucution of the Conspiracy, a large body of anti-Semitic an' discrL~inatory laws. '

Evidence presented elscyvhere in the .:aster Trial :9rief tog3ther ';ritll that :-tereinaftcr recited will shov! that the leadershio Corns.... to£,Et'·;:.r .. , +1 't d t' p t f t' oc.rt lCloauec;.. I,' \:ltn v 1e co-consplra aI's an ne _ar y onna lons and agen'c:t.es/ll1 'C,":, forr.mlation and carrying out of the Common Plan or Conspiracy v;hic~ 1 em .'racedJ as will be shov;n, the participCltion and direct employmer.t ' tho Poli:'ischer loitor in the cOffi'llission of Crimes against Peace,

Crimes Bgail.st Eu:-.1.?r.ity and r:ar Crimes, as defined in the Charter. ..!.. p"l.rticl;~ar, and by ;; ~~:T of itiustr'tion and pointing u)) the p.:-~rtici~':: . tion of the. leadership Corps in :UC:3Sl1res furthering the Cons~'ir:::tcy) 'L" il:8g'3.l con-kct of this orgar.iz".tion ". 'ill be elaborated and om,:,r.asiz.,~r ty tho asce::tbJr 01 0videnc6 relating to: (1) the Dersocution Or't:1G Christian Churches, 2) the destruction of the independent unions, a::< )1osenbe:~g,II .1-j~ (3 1 th8 nlundering cmd looting, by thG ":Sinsatzstab of ')' . '.;1G. ;:Jl'iv"te =.:r:J~el'L:; ::'r. ~-EOIl;12r: ,:)cl:'.1::"l.eci. ,_uropG.

?in:lly, it v-:Lll be s'J.cmitted thc:t respon- ibility for th2. Conspir~c~: and the substantive cri::ll:S contemplated C'.nd. embraced in its exocntion, is anchored in tto Leadership Corps of the l'azi Party, vJhose cr:L:linal:,c is est:blished by the evidence herr:inafter ~resented in comtinction \ itt the proofs else, hero offered in the :':-9.ster Trial Brief. - 2

TRIAl. BRIEF STATEMENT OF EVIDE};CE

CRuaNALITY CF DtJ3 KORPS nr:R FOI.ITISCEEN I":':~!TER DBR .TATT' NAl SOZIAlISTISCHEN DEUTSCHEN ~~B.~TE~FPBTEI (T~~,DERSHIP OOJPS OF THE NAZI PARTY)

1. coHPOSIT IC'N • FUNCTICNS AND P0:.'ERS OF TEi"' I=ADf,~.sFIP CORPS OF THE NAZI PARTY. A. The Leadership Corps comorised the rom of the officials of the Nazi Party: it i~cluded the Fuehrer, the five ca.tegories of I leaders in charge of areas (vmo ¥rere called HOHEITST1AGER or IlBearers of Sovereigntyll) and the leaders of the various functional offices of the Party organized on a regional and vertical basis, to wit: the Party officials in charge of the offices and departments of the ueichsleitung (Party Reich Directorate), the Gauleitung (Party Gau Directorate), the Kreisleitung (Party Kreis Directorate), etc.

H~93-PS. Organization Book of the l\T.SDAP, 1943 'Sdition, pp. 19, 24, 50A-5l, 98, 120, 136.

l814-PS. Org~~ization Eook of the NSDAP, Editions of . 1936, 1938 and 1940, pp. 86-88.

B, Organized ~pon a hierarchical basis, forming a pyr~nida1 structure, the principal Political Leaders were: Fuehrer Reichsleiter (Reich ~eaders) Gauleiter (District leaders) Kreisleiter (CJ~~ty LGaders) Ortsgruppenleiter (Local Chapter Leaders) Zellenleiter (Cell leaders) Blockleiter (Block l.eaders) l893-PS. Ibid" p. 98.

l814-PS 1 Ibid., pp. 86-88. 1. The Reichsleiter (Reich leaders) The :teichsleiter constituted the Reich leaders of the leadership Corps of the Nazi Party, and together they constituted the neichsleitung, or Party Reich Directorate, Through the Reichs- leiter, coordination of Party and state rnachinerywas guaranteed, ...... - 3 -

"In the ~eichs16itu..'1[ (, '"I.e arteri8S of +':-Ie o:cgar.ization of the German people a.::ci the C-e:-mal1 ~ tat,:; morge. II

l893-PS. Ol·;~a.nhation poo:' vf the NSDAP, 191;.3 Edition, pp. 1'.. 6·-149.

The Reichsleiter of the Party' were, next to t.."10 Fuehrer, the highest office holders ,'ut hin the Part;;,' hierarch~r; Gach of trem

had a specific title and was in che.rgc· of at lE.:ast on8 office wi thin:"" the Rcichsleitung. In addition, many of tl,em carried major respon-

sibilities as Heads of Party Formations, of affiliated associations

of the Party, of supervised or athf::rwise (xmtrolled organizations

of th~ Party or of governmental agencies, even including ministerial

positions.

l893-PS. Ibid., pp~ 148-149.

2473-PS. lntional Socialist Year Eoole, 1943 :dition, p. 170.

The National Socialist ~~ar E00k, 1943, lists the

follovung R~ichsleiter:

i1\,.;ic~-.slei ter for the P~\::ss

1.k.rtin EOlinann Chief of the PartJr Ch,.,ncery

Phillipp Bouhler Chiuf of the Ch;:;,nCerjT of the Fuehrer of the NSDAP. Chnir man of the official Party Investigation CO:4"ission fo r the Protect:Lon of National Socialist ~:ritings

Walter Dnrre On leave

Ottn Dj.utrich R~~id1 P('(~SS C~ief of the NSDAP

Chief of the Kolonialpolitischen a.'lltes

Kr'.rl Fi<.;hler C~1ief of the . ~:;.in Office for Municipal politics

::ilhc.lm Frick l<;nt1.l::r of the !Tntional Socialist "facti\Jn" in the Rc:1.chstag

Jo::seph Gcebbels J,eich pro"~banda l:".-der of the !!:3DA?

Konstc·ntin R:i.r.:rl LCr~dc;r of the ~e~ch Labor

Heinrich Himmler Reich Leader of the 32. The Deputy of the X:':':):\P for all questivns of Germandom - 4 -

Robert Ley ~e:~h Orgarizatior Leader 01' the l'rS:J!-i.? Leader of the C.erman I.abor Frod

Victor Lutze GDie~ of St2ff of the SA

:;'~i:'r3serrtat~ve of the Fnehrer -; )~... +., >.~~~ E' upcrv.Lsi ~[. 0r' all me.ntal and ideological train ing and education of th~ NSDAP

Baldur von Schi~ach Il3ich I.eader f or the Education of Youth of tl~ N::-DAP

Franz Xaver .3chwarz; Reich Treasurer of th e NSDAP

2473-PS. National ::;ocialis t year Eook, 1943 ::::dition, p. 170.

~';ith respect to the function and responsibilities of the :teichsleiter, the Organization Eook of the N.3D.~.P 3tates as follows:

liThe NSDAP represents the political con ception, the political conscience, and the political '\Irill of the German nation. Political conception, political conscience, and political will are embodied in the person of the Fuehrer. Eased on his directives and in accordance wi th the pro~ram of the ~!SD:~P, the organs of the Reich Directorate di 1'e ctionally determine the political aims of the C'r0nnan people. It is in the RGich Directorate th at the arteries of the organ ization of the Gurman people and the .3tate merge••••It is the task of the separate organs of the R~ich Directorate to maintain as clOSE:; a cont

The structure of the :teich Directorate is thus that the channel fran the: lO';:est Party office upw!1..rds sho... s 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 kaders.. It is the duty of the J.eich Dir(.:.c~ratG to see that thl;.!'e is leadership in all phases ,of life, a leadership TIhich is firmly tied to National Socialist ideology ~d ~hich promotes its dis semination..W'It'h ill:rtS~Grg;y.•..•

: ...It is the supreme task of ~~0 2eich Organiz~tion leader to preserve the ?arty e.s a well-sharpened sword for the Fuehrer." (underlining supp1i€d)

1893-~J. Orgar~zation Eook of thG N:Dl~, 1943 :dition, pp. 148-149.

2. The Gauleiter (District Le&ders)

Vt::rticcJ.ly, '"he r·;azi Party vIe,s subdivided into major regions, Gau6, which, in turn, were subdivided into I':reise (counties),

Ortsgruppen (Local Chapters), Zellen (Cells), ;:.nd Blocke (Blocks).

The Gaul('3iter "!:lS the Politicpl !..eE:.der of the Gau or District..

1893-PS. Ibid., pp. 136, 140B. - 5 -

"The Gauleiter hr."'.. VG the political. leadership cf a desig nated sector of the ]eich.•.. The.; Gau repr

l893-PS. Organization Eoole of the H.3DAP, 1943 :;dition, p. 136.

The Gauleiter's main functions include the follo'wing: to rule over thE:: Party prcper in tb.. Gnu; to su?ervise and direct the activities of tht.: affilie..ted en d sup~rvised ~arty organ izations in the Gem; a.m to extend the influence of the Party over people and lif~ in his Gau generally.

3. Tee KrE:isleiter (County readers)

The Kreisleiter is dirGctly subordinate to th e Gn.u- leiter in the Party hierarchy. He is directly responsible to the

Gault:iterand is nomin,:'.tdd by the Fuehrt:r. The ~:reisleitE::r, v.ithin thG Y.rE:is, h<',5 thE; some position, povlers, a1d prerogatives gre.ntbd th(; Gc:'-uldtt-.:r in the Gau. In cities they constituted tht v'~ry core of Party power and organization.

l893-PS. Ibid., pp. 131-134.

f.s stated by the Part:,.. :'::anual:

"The l~reis leitur c<.1.rriE:s over-all rGsponsibility towards the Gaul",iter 'within his zore of sov0reignty for the political 8.nd ideological training end organization of the Politicall.eC'.durs, the Party ;:iJllb"rs, as well as the popu1D.tion. "

l893-PS. Ibid., pp. 132-134.

4. The ortsgruppenleiter (Tocal Chapter Lead0rs)

The ar0a of the Ortsgruppenleiter comprised on~ or more communes or, in a tov..rn, a certain district. The l0aders of tht. affili.:::.t<.:d organiz,n,.tion within his area are subordinde to the

Ortsgruppenleiter. The ortsgruppenlE::iter Vrc:!.S directly under and subordinate to the Kreisl,:dter.

l893-PS. Ibid., pp. 116, 119, l19A.

The Party L:c.nucl makes the followint; provision with re- f~rence to the Ortsgruppenleiter~ - 6 -

"As Hoheitstragcr (~eC'.r",rs of Sovt::reignty) 2..L.l. expressions of the Party vii 11 0::l':'natc from thtJ Ortsgruppenldter; he r~sponsib10 is for th~ politicnl and ideological leader ship and orgardzntion vithin his zone of sover~ignty.

The Ortsgruppe;nlt:iter carriE;s the; over-all res})onsibility for tho political results of all mensur0S in5.tinted by the offices, orge..J:.izr.'..tions, Md affilic..tsd associ~tio:ls of the :arty••.•Tho Ortsgruppenleiter ros the right to pro test to t hG Kreisldtor agc:d.""lSt ::ny lllBC'..sure:s contrary to the mt0Nsts of t.'10 P<.'.rt;>- ....'ri.t h rcg':-'.rd to an outside ap~ political C'.romee in LJublic, 11

1893-PS. Organization Book of the t:SDAP, 1943 ::dition, p. 120.

The Zellenleiter (Cell leaders) . i Th~ Zellenhiter was rosponsiblb for four to eight blocks. He was the immediate Slperior of D.nd had control over the Blockleiter (Block I.onder). His mission and duties, according to tho;,: Party ":,::.nual, corresponded to thQ missions of th€: Elockleiter. 1893-PS. Ib~d.J. pp. 110, 112.

6~ ThG Elockleiter (Block leaders)

The Elockl0itt:::r W:J.S the, one Party official ..ho was

puculiarly po~ition in a to hnvc co ntinuous cmb.ct with the Gcnncm people. Th" block was the; 101:est uJ:1it in the Party pyrcmidal organization. Thb block of thE; Party comprised 40 to 60 households; and was regarded bJr the Party ns th\.. focal point upon ,'lhich to press~' the weight of its propagcmda,

1893-PS. Ibid., pp. 99-110.

As stA.ted in the Pnrty Manu.:l.l:

llThe household is the be.sic community upon vh:i.ch the block and cell system is built, Th- housc..:hold is the organiza tional focal point of all G",rm:,ns unit ed in M apnrtment cmd includes roomers, do~~stic help, etc! •••The Block leiter h"'.s jurisdiction over .:'.11 matturs vlithin his zone rvle.tinf, to the Movement"rP. is fully responsible to thE; Zcllenlt.:iter•••• "

1893-PS. Ibid!, pp. 99-100,

Th(; F.:lock10itl,,;r, ,".s in tho;. c~,sc of oth2Jr !'olitical !eaders, was chargt;d .lith plnJ ning, dis$eminc.tinr·, <.>nd devt:;loping n recepti- vity to tht:. polici<:::s of thc: Nazi Party <,.;nong the population in his area of responsibility. It was ~lso thv expressed duty of the 210c~ leiter to spy upon th; population, - _._------

- 7 -

"It is the dutJr of tre '3J.ocklciter tc find people dissemin ating drunc:gine l'lUllOrS ~nd t,) re ~lOrt them tv th·:. Crtsgruppe so that th t;y rr..ay au reported to the rE.: sp<:Jctiva Jtate author:'ties. "

TI1;; :;loc¥~E::i ter must not onljr bd pn.::tcher nnd dof<:;nder of the National .socialist idbO logy towc:,rds thG membl;:)rs of nation :-:;~._, P

The Blockleitt:;r ;3h.:'~l colltinuousl~r rem:.nd trlG Purt;r =~em bers of theL~ ~~'.rticuL:"..r duties tovm.rds tho puoplc nm the Stat8•••Tho 31ockld.t,jr i{(Jcps a list (cr.,:,:,d file) nbout fue housoholds •.•In principle, t:,e !"llocYJ.oit 0r wi 11 s(;ttlc his official busir.E.:sS v",rbr'J.ly ,lnd h(; viill roceive mossl:'.ges vurbc.lly Gnd pass them on in the samE.: way. Correspondonce viill only be used in ~('.ses of n.bso1utu necessity••••The Elockl<::itor conducts 2'TQtional Joci?list prop',gandc.'i from mouth to mouth. He Viill ev",ntu'">.lly awaken tm understr.nd ing of th;) et0rnr.,11:r di ss,"'.ti3ficd ns regards the fr8 qu--.;ntly misunderstood or "vlJI'ongly interpreted me?surcs and lo.ws of th·.; Nationl'l.l Soci~ist GOVGrnment ••••It is not nccessa.ry for him to f('.ll in wit 11 complo.ints l'.nd gripes nbout pOE'sibly obvious shortcomings of any kind in order to dt;~onstrate••:solidnrity••• f. cnnclition to g,'"'.in the confidence of 0.11 pbopl~ is to mDintc.in nbsolute secrec;)r in ,,:,-11 matters. I!

l893-PS. Orgnnization Book of th~ rSDAP, 1943 :dition, pp. 101-104.

c. ",:ithin the ll;;:'.durship Sorps of thl;; ~;o.zi Pnrty, cl;;rtc.in of tht Political lec.d~rs possessed c higher dcgru~ of rosponsibility than others, W0n. vestwd vith ~ecio.l prerogatives,a.nd constituted a distinctivG end elite group within th3 pn_rty hiero.rchy. ThL:se w",r\,; thl; so-cp.ll~d IlHohcitstr3.gerll (BE;<1,r.::rs of .:overeignty) who repr~sented th8 Pnrty ~;ithin thvir a.rG1l of jurisdiction, th·:;: so-cc.lled

Hoheitsgebiet.

llJi,mong the Polit ic01 LeD.ders, thl.: Hoheitstrager e.ssumed a special position. Contrary to the othe:r Politic."~ lc:~ders who hp.ve deII'. rtmentaJ. missions, the Hoheitstr,'\ger tha'il selvos nro in ch-rgu of n. g(;ogr..~.phic0.l suctor known n.s the Hoheitsgebiet, (Sectors of 30vereigpty).

Hoheitstrn.gGr n.re:

The FUl;hrer The Gt'.ul",iter The Kr0is1viter The Ortsgrupp(.:nlbiter ThG Zellcnlbiter The Elockl<::iter

Hoheitsgebi~t are:

The ~eich The Gnu The Kreis -B-

The Ortsgruppe 'l'he Zelle The I210ck

\Iithin their sector of sove-r~ignty thG Hoheitstro..ger have sovereign politic;"l rights. Th,vy I'CprE.;S0nt the Party within th~ir sector. Tr~ Hoh~itstr~ger super visv [,11 Partjr officers vr.i..thin th.:ir jurisdiction ::nd ••• arE: responsiblu for tht; nlr.intvn",nco of disciplinl,••• The directors of officos, l;tC., <..nd of th.:. nffili'ltGd orgo..nizntions ~r~ rusponsiblv to th~ir resp~ctive Hoheitstr:--.gl,,;;r ~s reg,,·.rds t hE:ir special missions•.• The. HohGitstmger .:I.ro superior to all Politic:>l : e'.ders , m3,regurs, etc., vlithin thdr soctor. Ls reg~·rds pcr sonCl.l considl,,;;rations, Hohuitstr~t;r•••[\ro IJndovi0d ,,-;ith spc;cial rights.

Tho Hoheitstrn.gcr of the.. P['..rt:,r ;:>.ro not to bG c.dnunistm tiv-::: offici.... Is•..but :'.!'(, to mev,-- in ::t ccntinuous vit2' contD.ct with th:... Political le..'d(;;r's of t f.G popuL:tion wi thin tht:.ir sector. ThE: Hoheitstr".g"r C'.rc responsiblo for th e prop"r fend good sUDGrvisian of 1'.].1 l!lsr..lbers of th6 n<.:.tie:n within t ht.-ir sector ••••

Th0 Pnrty int':;;nds to Q.chiE: VI;; a. st"t.;;. of :'.ff~.irs in wh ich the individu::.l ('·,.rmr.!} vlill find his Wi':JT to th.: pC'.rty••• If

1!393-PS. Org('.nizntion ;:ook of the- N::T)!,P, 191.3 ~dition, :). 98.

Th<=; distinctivl..l ch·ro..cter of th", Y·II'!'I:3C~S. r-:JTER.

(Politic~ l~ ·..:ers) const:'tutillg th<;; E('!rIT.~·T~:'.r--,'':. ':-ll;~ th-::ir existence 2.nd oplJration as ~r: idc;ntifinblt: group c.l'<;- indi c~tcd by the public~tion of ~ ~~g~zino, vntitled DeI' Hohoitstr~ger, whose distribution was li'Ilitt;;d, by rcguk,tion of th8 ::tich Org~nization

TISCHER L11 TER (Politicc.l L"·'ll... rs) ,

Upon thl;) inside:. COVl,;r of this magazino it is skted:

"DER HOHEIT':"T'L·,G~-q" tho contvnts of 1,hich is to bu hmdle d confidentially, serves on~y for th~ oriGnt~tion of tho competent leaders. It l!l.:l.y not be loaned out to othor plJrsons~ ••• (then fol:i.ows a list of the Hoh<;itstr-'"'.ger end othor Politicc~l I.6"..d0rs !3llthorizE.:d to receive the Inng.:1.zino)"

The magnzinG sb.t'3S th".t, in addition, the fol:!.O\'r.i..ng wero entit~d to receive it:

"Conunilndnnts, Unit Cornm,~.nders f'.nd Cp.ndidl'l.tes of Order Ci'stles; the :t~ich, ,~S.hocl' Troop rnd Gmte Spenkers of the;; N-SD!Jl; the I.ic::uL.nnnt Gt.ner.n.ls c,nd -!.:\jor Gcnerc.ls of ~~, SS, NSFK, ['..nd NSKK; lieutc::nant Genernls nnd Major Gen\Jrcls of th\;; !-{J,"

266o-ps. DeI' Hoheitstrager, 2nd Issue, 3rd Yenr, F~br~ry 1939,"Distribution Plall for Gam:, ~:rcise C).nd ortsgrupp~r.~ " - 9 -

D. The Political l.eflders ilJere organized acooY'dir.g to the l0adership principle.

1. The Po..rty lfr..nual st,'1t"s C'.S follows:

liThe bnsis of the P.:>.rty c rgc~nization is' tht. FUt;hre:r thought. The pu::'lic is unable to rul.;:; itself eit hur directly or indirectly •••1..11 Polit::'c;:l Loo.d'~rs st"nd as appointed by the FU<3hrer <'.nd r.re responsiblu to him. Thoy possess full to,,!~,rd authority t11 , lOVllJr ochelons ••• Onljr a mm who h2.s nbborbt;d th" school of subordinr.'.tu functions vlithin tho P<,.rty hns ['. clr'ir.l to tht.: higher Fucl1rGr offices. ::e can only us\;; Fu<:.:hrto:rs .... 110 hr"VE:: s(;;rvt.:d from thtJ ground up. A.ny Politicnl LO".d0r \lho does not conform to tht; se prin ciples is to be dismissed or to be sent bn.cl;: to the lower offices, ['.s BloclQ"itor, Z<::llenld.tf:r, for furtror trein ing•••

The PoliticDl l()r..d,::~ is not t.r. offi ce wo rker but the Politic[',l Denuty of th0 Fuu'1rer•••',';ithin thG Politi,cL'.l Lwdcrship, ,va qre buildin[ts:" Politict2.. Lor.dership of the Stde•.•Tho ty~c o!.~ the Political lef'.der is nat chr.rc..ctl;rized bjr th<.; office whi ch he I'E; presents. There is no su ch th ing ::' s ['. politic!'.l V::".der of th(: l\.::JBO, etc., but th,.;r::: is only thE, Politiccl le.:>.dor of the NSD!~P." (underlining supplied)

l893-PS. Org~:nization !3ook of th<:.: t,SD1\P, 1943 Edition, pp. 14-15.

2. :;nch Politicl'l :ec:'.der W~.s sworn in yearly. !~ccord:i.ng

to tht Party ..f.:muo.l, tr:<:: wording of tht;; oath was ['.s follavs:

III p18dgt;; etl::j,'Tlc.l r.l:egic.nc~ to .~dolf Hitler. I pledge unconditLmD.l ob""dil:ncc to him end the Fuehrers c.ppointed by him. II

The Pi'.rtjr .l~c..nual cQso provides thc..t

"Th" PoliticcU Le,:'.,d<.. r is insep['.rably tie:d b tht; ideology and th:: org~~niz['.tion of the N:D1J'. His oo.th only ends with his d6ath or with his expulsion from thl; Nntionnl Socic-.list community."

l893-PS. Ibid., p. 16.

3. i.ppointment of Politiccl loi"'.ders

The Fuuhror nppointed the follo'\Aring Politiccl I.c'::\.ders:

n. Ll1 Rcichs1"it0r and ~ll Political I.e~ders \~thin the Reichslcitung (Reich Party Dir ecto rate), including v.omcn's

b. ."..11 Gau1..u ~art~r Di~ctorde), including Gau "ramen's le"ders.

c. :.11 Kreisleiter. - 10 -

Th6 Gauleiter ~ppointed:

n. ThC:.: Politic.:--l tenders :"'nd VlOmen' s let d-:rs within the Gnu Pc.rty Dircctor".tE.-.

b. TOt;; ?oliticlll Lt;,~dE:rs i'r~d directors of v!om€,m's

l<.;o.guvs in th e Kreis Pnrty Dire-cm r[~tu.

c. !J.l Ortsbruppenl<;:itor. E. Tre Hoh<.;itstr:.gGr [,Jnongth::: !..c;C'.de-rship Corps w"rL: bntit1cd

to cnll ~'nd upon utilizlJ the v['.rious Fnrty FOIm:-:-.tions ~~s nvcessnry for th" execution of !{azi P['.rty policies.

1. P(~rt:r !.~n.nU[lJ. Tho provid0s ns fa llovi5, vii th r",sp cct to thl:.; pOYlor and authority of th", Hohci tstr' "t;;r to rL.C'ilisition tlT: ser- vicc:s of tho Sf.:

"The Hoheitstrr\gt;r is r,,:,slxmsiblL. for thc.: <.;ntir0 Dolitic:"l '\ppenrnr.cG of th<.: L:ov"m<;;nt Vi i thin his z on0. Tht; :;~'. l·~nd(,r of t ITl.t zon0 is ti od to thl; directives of tho Hohdtstrr\ge::r in th."'.1;. resp(:ct. The Hohbitstmgl;r is th(; r:lnldne l!.; pr8sc;nt".tive of thc; Pnrt~r to incluG.0 2.11 ovg['niz".tir:ms vi thin his zone. He rn.ny rt;;q1lisiti.on tbJ S"" loc['.tt,;d "ithin his zone from the rospective : .... l·J~.d~r if thL:y :'.rL. n0ecJ.0d for tb...... execu tion of n polit~c['l missi0n. Tb.-e Hoh·d tstr1.ger 'Iill tht::n assign thl:: mission to t:1U s:~ ...

Should tht,; ~·:oh\::its~.:.r::-.gl.;r nt,;ed mort;; s:~ for the e..."Cecution of politic['.l missi,m th£ n is loc<'.lly nvcil.:,-blu, he tht::n <'.ppliL:s to tht.; n0xt high"r of ficE;; of sov<,)Nignty whj.ch, in turn, r<;;qul;sts thl.; s:~ from thl. 3:. office in his svctor. lt

1893-P3. Org~~iz~tiGn ~ook of th~ NSD~?, 1943 :dition, p. 71.

2. :"ccording ,p~'.rt~r tot hL. ~:rT'.nuc.l, tr£ Hoht.i tstrr.g0r lrd thl.; sr.I!lv T'.uthority to co.ll upon thL: s0rvices of the; SS ~d NSKK as thuy possessed with rE:sp·:;;ct to thl:: SIlo

1893~PS. Ibid., p. 75~

3, ·.:ith resp0ct to thv 1'.uth)rit3r ·)f tre Hohdtstr<'..ger to c1.'.ll upop the sL.rvices 'Jf thl;; Hitl~r Youth (HJ), the P.!\rty l~r'nual provides .!\s follows:,

liThe politic1.1J. Lu,'l.d .....r h·,s th~ riEht t·) re

In ..... ppointing 16<'..dGrs of the HJ .:'nd thl:: DJ, t h, office of tho HJ must procure thL. approvcl of t re Hoheitstr~ger - 11 -

of his zone. This mc:-ns th.:tt tl~ HQheitstr:,gGr crn prevent tile .:'.ppointment 'Jf l\3L'.ders unsuited fer the Ivadersti;J of youth. If his C'.~)prov(.l r,~s not been procured, ::-n ::,.ppointment m.:'.:~ ,'6 c.:tncelled if he so rccuests. "

1893-P3. Org('l~iz['.tion Book of thE: N~DAP, 191:3 Edition, p. '76.

4. :.n t..x,'}::lpl<:) o~ tl'L usc of th:: P'lrty Form.:ttions .:tt thE; call of t h:: 1c" dt..:;:,ship Corps of tlL Pr..rty is provided by the e,ction t:ken by th0 R0ichsleiter for P,rty Organiz

Dr. Rob..:rt tey, l(;;,·.ding to the d61ib<.:rc.te dissolution of t 11:.: Free

Tr~de: Unions on 2 E".y 1933. In a circular ll;ttE.;r d':-.ted 21 1,pril

1933 .tuichsle:iter LCj' di:::,,,,ctE::d t:1€ employment of the s:~ and the .sS ii.1 the occup;..tL.n ·')f trade union prep0rtit;s rna. for tc.king trade union J..:;aders into prot",ctivL; custody.

In th0 ~bove lottt.;r le~ dircctt;d ~s follows:

"Sf. :->.s well r~s SS r..rc to bQ mployed f'J l' th;:; oc cupntion of trr.de union propcrtios ~nd for th:.: tcl<:ing of pc;rson ~lities who come into question into protective custo~·.

Th<.:: Gauleiter (Le. Regicnal. Diructor) is to proceed with his mU'.sures on n bnsis of t 1'L closest undf;rstC'nd ing 1'.1. th c;:;mpetent Regif)naJ. Fe.ct,)!:,' Cells Director•••

The following he.d t·) be tc.k0n into prott.:ctive custody:

..11 Tr:.de Union Ch~irmen; the- District ':ecreb.rit..s and tht; Br::mch Dirl::ctors of the 'B:lnk f')r :·;o1'kl.,;rs, Empleyc;es and Officir.ls, Inc. 'lI 392-PS. Circulnr letter of :t<.:ichsleitel' Ley, 2l :.pril 1933, S ,ci:l life in Nt.:v' ~rm:ny, pp, 51-52.

5. . directive issued by ~uili)lph P.ess, ~eputy of the

FUt;hrer, dc:.tdd 25 October 1934, providud, in po.rt, ns follows:

"Th\,; pclitical lce.dbrship wLthin the. Part;)' r'nd its p<)litict'.l r,-,present.:ttL,n tu\"ards nil ·.:.ffices, Stde or othl.rs, "hich ~rc out sidu of t h~ Party, lit; s'~'~lely and exclusivuly ..,r.i. t h the Hohcitstrr.gt;r (Bec\rers ;:;f Sovt;rGignty), -.'hichisto so.ywithme, the QD.ule::iter, KreislGiter, ~d Ortsgrupp<.:r~<.:itGr••••

The dcpllrtm<::ntal Vi :rkt:::rs of thE: p .. rty org:->..niz

In places v.h lore the territories rJf the units of the Sf" SS, HJ, .:.nd the;; suh:)rdinnte affiliations do not coincide with th(; zones of the Hoheitstr['.gE:r, thE; Hoheitstr.:tger - 12-

will give his political directives t~·} th..., ranking leader Clf E;ach unit vJi thin his zone of sov(;r eighty.. "

2474-PS. Directive:, of t.'1-= Deputy of the: Fu~hrer, 25 October 1934, Decrees of th~ Deputy of the FUl;hrer, p. 67, Edition of 1937...

~eichs- 6. In a directive dated 26 June 1935 r iSSUed by leiter Bormann, Chief of Staff of th<.- Jeputr of th", ?u<;;hrer $ it

\iaS laid dovin as f alloVTs :

"In ordt;r to efft: ct a clos<.-r contact between thE: offic~s of th\:J PartJr md its organizations with the Directors of the SecrE;t St::te Police (Gestapo), the- DeputJr of the Fuehrer requests that tho Dirt:ctors of the Gest~po be invited to attend all of th~ larger official rallies of the Party and its org2nizati)n."

2474-PS. Decrees of the D0PUty of t~ FU8hrer, Dir~ctive of 26 Jure 1935, Edition of 1937, p. 143.

F. statistics relating tel th\:J Leadership Corps of the Nazi ~.

In 1939, there were:-

40 Gaue <>.nd 1 Foreign Orge.nization Gau each lad by a Gp.uleiter 808 Kreise " " "" Kreisleiter 28,376 Ortsgruppen "" " Ortsgruppen- " leiter 89,378 Zellen """" Zellenleiter 463,048 Blocke " " " " ;:lockl<:;iter Is~ue 2958-PS. Dor Eohsitstrager, 8, 1939r ;. 10 ...

~: The evidence rel:::.ting tel the responsibilit;.' of t re Nazi Party .:'nd the; co-conspirators as the centr:cl core of the Conspiracy is set forth elsewhere in the faster Trial Brief. The ~ollovdn~ evidence is o~fcred to prove the responsibility af thl;; LE;)f.dl;rship Corps "f the Nnzi Party for pnrticipntion in th~ Conspiracy.

The leadership Corps of th8 Nazi Pnrty joined and participated in the common pl~n or conspiracy•

... , ThE;) P.. \,:.rn.:n of the. ND..zi Party, procl:::.:i.nk:d by Hitler, the

FUt::hrbr of the l(J[l.dership Corps, on 24 FE;)bruary 1920. contC!.ined the

chief elements of the Nazi plan for dumin~.tion ,nd conquest:

1. Incorporation of all Germe.ns into n Graater Genm:m R<'-lCh•.

lfWe demand the unification of eJ.l Gerffi:".ns in the Greater GE;HT.l.crly on the b".sis of tlli right of self determination of peoples, II - 13 -

2. Uniln.teral abolition of the ~eace Treaties of Vc.,t;i:illes :nd .st. Germn.in.

"We dem~nd equality of rights for the German people in respect to the other natio::ms; R.brog9.tion of the pCD.ce Treatie s of 7ersai11es rnd st. GermD.in."

1708-PS. T"c Prof,rcm of the LSD'.F, _oint 2.

3. Deme·.nd for "l"nd and soil" (colonies).

"We dC;:Lr-.nd land and territo ry (c'ilonies) f or the sustenance of our people, an d colonization for our surplus pOpUl£l tion. "

1708-FS • Ieic~... , poillt 3.

4. ;tc'Wlc} Dincdmination and anti-Scl:litism.

"On1y ~I. member of tre race ca11 be a c itizen. !'~ ?:1t:tllber of the IT'.ce cem onljT be one v:ho is of G,~r man blood, without consideration of confession. Conscc;uently, no J:J\! Ciill be a member vf the race."

l708-PS. Ibid., Point 4.

5. Fight against the democratic-parliamentary system.

" ...... :e demand that every public office, of any sort whatsoever, whether in the ~eich, the count;>-- or municipality, be filled only by citizens. rTe com bat th0 corrupting p~rlia~0ntary economy, office holding only acco rding to :?arty inclinrttions I'LL thout consideration of ch'1r'.'..cter or [\.bilities."

1708-PS. Ibid., Point 6.

6. Re8.rmamen t •

"~.'e demand the abolition of the merccnarJT troops and forrn.::.tion of a !~ation<.".l :.rmy."

1708-PS. Ibid., Point 22.

7. The officin.l Party rrogrn.m decl.:res on its fD.ce that:

"The progrrun is the politic<\l foundati ..m of the ~:.sD:,r and accordingly the primary politic[\.l 1-'1 V! of t fl(;; state•.•

,",II l~gal precepts "re to be applied in the spirit of th~ ~arty ~rogr~a.

Since the: taking OVlJr of control, the Fuehrer has succeeded in the reclization of the essential portions of thu ~arty Program from thd fund,uncn t2.1s to the details.

The ?arty :-rograrn :)f the C.D/..... was proclEJimed on 24 Fcbruarj 1920 by ..dolf Eitlcr r'.t thl.: first l<>rg<..: Party gathering in Lunich Q.nd since th<'.t dt'.y hns remo..ined unaltured••••The National Socii'l.list philosophy is sUI!Ulw.rizcd in 25 points."

1708-?s. Ibid., ~age 1. - 14 -

8. :.s shown in P~rt I of this Eri0f, ths F:J.rty progrcm was binding upon the ::-'olitic91 Le.:-clG!"s c±' the lcndership Corps, and they were under f? d.1t~· to SUppOl--t ~,rrl c:',rry out th'" t rrogrc..m.

The ?C'.rty .,I;mual statc:s:

"The Cornmand:nunts of thE'; Nation81 '::oci[1,lists:

The Fu..::hrer is C'.lways right•••• Th0 :'rogrD!!l ;::e your dogma.

It dl.:lTh.'"tnds your utter devotion to the :.:ovdIlE;nt r 0 •• Right is wh.:lt serV0S the :.:ovcment and thus Germ:.ny."

1893-?S. Organization Book of th:: r:SD.\P, 1943 Edition, p. ': 'J.

" •••• 1f;;Jad~r Corps is r 0sponsible for the complete pene tration of the G(;;nnc'J1 Nation wit h the Nationcl :Jociclist spirit•• ,"

1893-PS. Ibid., p. 13.

Th(;;; odh 0 f th~ Po1it ical Len di::r to Hitler h.qs been

set forth in Part r, supra. In connc:ction therewith, ths ~nrt;y .:.fanual

provides:

"Th0 folitical Lt:adbr is insep:\rably tied to thG ideo logy and the org;mization of the tJSD..::'. ~is oath only vnds wit h his death or vvith his c- :xpulsion f rom tho Nation.:>.l .:;ociclist commun:i.ty." .

1893-~S~ Ibid., p. 16.

;';:il. ~'.nile thJ "kadership principle" nssurod the binding

nature of Hitlerls stntcmf;;Jnts, program ,'U1d policies upon the entire

Party and the: I cp.dbrship C;orps tht..:rL;of, the s run .... p rincip10 established

the full responsibility of t h" individucll T'oliticcl. ll,;t'..der V'Tithin

the province rnd .iurisdictic·n of his of fice or position:"

~: For evidence: rclo.ting to the us..: of the; "ler.dership prin ciple" ns a doctrino.l technique in furthering the Conspiracy, see ()lsewh~re in the llast~r Tri~l Brief. For evidence cs to the application of tho principle to th" 1;:::'dcrship Corps, see po.rt I of this Tri2.1 Erief. Thl;.; sali"nt points supporting proposition B, above, are:

1. Th", 1.... n.d0rship principle applied not onlJT to Hitler as

the suprem" Ieo.de r , but also to the; i'olitical Leaders under him and

thus permL;c,tE::d. th", e ntire I.~l'.d"rship Corps.

"The basis of tha [arty Orgr'.l1ize.ti.Jn is th

1893-~S. Ibid., pr 14~ - 15 -

2. The various Hoheitstrager of t re LOPl.dership Corps were, in their respective areas of n=.:sp,msibility, thenselves

Fuehrer.

'l1dithin their sector of sover0ignty, the Hohbitstrager (Gnuleiter, ICrcisleiter, OrtsgruPPCl"~eiter, Zellcnleiter, Blockleiter) hp.ve sovereign politicnl ri ghts •.•They :'re rc: sponsible for the entire politicnl situntion within thuir s8ctor••• "

l893-PS. Org.:l:.1ization Book of tIn ~~ST::.P, 19L:.3 Edition, p. 98.

"The Party is c.n order of 'Fuehrers' •••!. solid nnchorage for nll the organiz.:ltions within the :-'arty structure is provided nnd n firm. connection vd. th the sov<.:reign leaders of thE;; NSD:.P is crenhd in ncoordance vat h the Fuehrer Principle. It

18l4-?S. Org~nizntion Book of tlB NSD~P, 2ditions of 1936, 1938, 1940, pp. 86-88.

C. In furtherance of the ConspiracYl the co-conspirators, the Nazi Party and tho Lt::i.'.dership Corps of thE; N~)D!2, using illegnl and terroristic methods, overthrew the democrntic-p[>.rliam6ntary

German Govt::rnment, el:L11inated Coli opposition c:md e stnblished totalitarian control over Germany.

Note: For evidenco supporting tht:: above propositisn, see the appropric1.te sections of tho Hp.stur Trial ~ri(;f dea.ling v~ith thE: acquisition ,nd 0 stc.blishmcnt of totalitt:'.rin.n contro lover Germany.

D. The Nazi ?arty, directed by thG IE::c-.dership Corps, dornin- ated "nd controlled the G0rmr..n 3t"te ,m Government..

1. On 23 J{arch 1933, the ~eichstag ennctod ~ lc-.w can- ferring powE::r on th0 cc.binet to legisl.:lte nits ovm authority.

2001-:'3. Law fo r t 11<... :'rotectLm of the :-'(;ople t:'.nd the Reich, 23 :;J.rch 1933, 1933 RGB1, I, 141.

The section vf tht:: I.1"'ster Trial Brief decling with the criminnlity of the ~t::ich Cabinet Stts forth the evidt::nce as tv the identity of various ministt::rs comprising th~ Cabinet. This evi- dE:nce will sh:>w thnt prominent mehtbt....rs of thE:: Leadership Corps of the Nazi I'nrty were members of the RE::ich Cabinet. The presence of ::.eichsleiter 1.nd oth<;r prominent memb""rs of the r,0.:'.dGrship Corps in th<::: Cabinet fC'.cilitatE:d tl1t; dominnti·.Jn of thE: Cabinet by thL:

Nazi i'arty and the Le.<'..dership Corps. For cXr"'mple", <'. decree of - 16 -

13 March 1933 establishl:d the: 1.linistry of :->ublic Enlightenment and Prop.:>.gondn. Thu h.;.:>.d of this ministr;{ '~GS Goc.bb01s, who simultaneously was Reichsleiter f(~r Propngp.nd<'. of the NSD/,P. Examples of personnl union between high officials in the leadership Corps and Cabinet membership existed in tl:-e C<1.SG of the Food Hinister, the Chief of the G(;rman Police, the R.eich tabor J.eader, the Chief of the :'arty Organizntion in Foreign Countries, and the ~eich Youth

Fuehrer. Uoreover, the maj ority of the ~eich ::inistries VlCre occupiGd by leading old Party ::embers. :.11 Jeich :.:inisters were accepted by the farty on 30 Janu3.IJT 1937 and were decorated vlLth the Golden P<'.rty Insignia.

2029-1'S. Decree crenting .~inistry of l"'rop~g<'..nda, 1933 2oGB1, I, 104.

2473-PS.. l;2.ticnnl .socialist Year Book, 1943 Edition, p. 170.

1774-Ps ~ "Verfassungsrecht des Grossdeutschen .nE:ichE:s", 2rnst 2udolf Huber, ~~ra. 19, et seq..

2.. I le.w of 7 .~pril 1933 was eMct-.::d \hich provided for the dismis s,"l of all Jaws or oth"rs of non-:,rY2.n di;sc;c.nt (;;;tployed by national, strttc;, pnd municipal or other public bc-diGS under the~;

'control or supervision of government~l ~uthorities.

1397-fS. Iaw for the ~ec:st8.blishment ')f the Professional :;ivil Service, 7 :.pril 1933, 1933 :1GB1, I, 175.•

3. :. 1m'! of 14 July 1933 outlawed !lnd forbp.de thE;; forma- tion of any politicr.l p.-1.rtibs athor th"n the Nazi "arty and o.:'.de offenses agninst this interdict a punishr.blc crime, thereby estn- blishing thl: one-part:r .::t,"te. This 1'1. V! re t..ds in p::- rtin<.;nt p~ rt:

"Th<;l rnti,m:-.l Soci;8.ist Cermnn ::orkers t :-'nrty constitutes the )nly politic".l p.'lrty in Gcrnuny. ~',rhoevGr undert·'Ikes t,) maintain the org(".nizati::mc~l structure of :lnother politic.:'l p<".rty or to form c. new politic"l p.:>.rty will be puhished with )on".:i.. s(;rvitude up to three years or with imprisoI1r.1ent of from six months to three yco.rs, if the de~d is not subj~ct to 0. gr~nt0r penalty ~ccording to othcr r egulc.ti )ns • II

l388-?S. I.C1.w against the Form.,:,.tLm of Ntw Political Pnrtius, 1933 RGB1, I, 479.

4. 1~ law V':'..s ~n ctE::d on 20 July 1933 providing for the dismiss'u of officials who bE::longed to the Corrununist Party or \tlo - 17 - were oth~n,ise ~ctivG in furt~ering th~ aims of Communism. The law <.Uso provickd. :')r th- disniss.:>.l ':",f thc,se vlho ,:or(; in the future active for Harxism, Comr.lli.'1ism or SGcin.l DdllOCrc.cy.

1398-?S. La...; t.i SUPi)l<:ment tho l:eVl for th~ J.estorC'.tion 0: the Prc:0ssicr.~.1 Ci'lil :'Grvice, 1933 ~GB1, I, 582.

5. On 13 Octob0r 1933 a "l::>..v:to gu:,r.:::.ntee public Fec.ce" wns enacted l'h ich provided, ir.ter (' li['., th:'.t sev(;re punishment should be imposed upon my person v:h::> " •••undert.:'.kes to kill C1. membtJr of thL; S:. or t!10 33, n trust8e or agl:;11t of the I\TS1)l~P•••• out of po1itieD.1 motives or on ['ce~unt of th<::ir offici.'ll ::'..ctivity."

1394-:'5. Inv1 of 13 Octob~r 1933, 1933 B.GBl, I, 723.

6. On 1 Decemo..-r 1933 a l.::wv]:'.s enc.cted lito secure the unity of ?arty .:end :.tr.te." This l:'Vl provided th.:-. t tht; H.:'.zi :'c.rty wns th~ pillar of tht::: C-<.-rm['n st'::'.tl::, -nd v!ns linkL;d to it indis- solubly; it .:'.lso l:'.:'.c:.c thl;.; Dt-puty of th-.: Fuehrer (then :~ess) <:'nd the

Chh;f ~~f Stn.ff of the s;. (then J.chm) memb\Srs of the :~oich Cl'.binet.

This lc''.\'! pr'Jvides in )i;;rtin",nt pi.'.rt:

"After thv victor;r ::;1' th", ~,>tioncl Jocic'.list :tcvoluti,:m, the NC1.tion ...~l 3Jcinlistic GerJil.."ln tabor :-':lrty is the ben.r6r of tile c :-nccpt of the Germ:>n stn.tc and is in sep,:,.rnl,:)ly the st···.td. It ;viiI be a:t'ut of the public 1€:!!. Its orgC'nizc.tion 'will be detemined b~r tho Fuei1rer••••

The DenutJ' '.')f thl,; Fuvhrer t'nd the Chiuf of Stt..ff 'J: the SA will becoE10 J:lc;••:bbrs of tl10 ~l:ieh GO'Tcrnrnurrt in order to insure cbsc: cfJopurntion of t ro offices of thu :-'nrty and Sf. with the public r.uttc.'rities••••

The: public C'.uthorities h,::,vG to gr:-nt leg~l Gnd nd ministr['tive a.ssist' nee to tm offices of the j':'.rty ~nd the 03:••••• II (under2.ining supplh:d)

l395-fS. Lnw on Securing the: Ur.it~r of T'nrtJ" c~nd st:--.te, 1 Decf;;:mOcr 1'~33, 1'/33 :-tGB1, I, 1016.

7. On 30 JunE:; 193.1+ Hit J.-.; r, C'.S H.,·d of the r...... zi r;;.rty, dir~cted the nass'cre of hUndreds of SA-:.len c.nd other politic".1 opponents~ Hitler s~)U£ht tl.) justify these I!lc'\ss murders by deel.c.r- ing t:- the R(;ichstng thL'.t "at tha,t hour I was responsible f,)r the fate of the Gt;:rr.nn ncttil~n r..nd supreme judg~ of th:: Germo.n people." F("Jr (';viden~e reL:ting to tb> se IT0.tters, see the section of the gaster Trial Erief relD.tirJ6 to thE; crimincl.ity of the SA and to thE; participatbn of t ;.(; def",ndants nnd ca-conspirators in efforts to achi0Vi;) totalitarinn control in furthorcnce of thu Conspiracy.

On 2 Jul~c 1~34 t:J~ Cat-ind, is sued a decree d0scribing th~ murders aIld masse.ere of 30 J'll'~ 1934 as "legitim:.te, self-

defensG by the st1.te."

2057-PS. Decr~e of 2 July 1934, 1934 RGB1, I, 529.

8. On 12 July 1934, th ... :',-, vas en-"..cted a 1n.w defining

tht; functi';n of tht; 1'.cadt;ffiJT for Gbrm.::-n l.aw. The J.D.,,! provided,

in pertinent p[~rt, as follows:

"Closely conncctt;d d.t 11 :.he o.g~ncies compE;t~ t for legislc."\tion, it (the :.cademy) shall further the reo.lizntion of th~ Nntiolli"..l Socialist progrcm in the rE:lnlm of th;,; lD.VI!"

1391-PS. 1934 RGB1, I, 605-607.

9. On 30 Jc.nuc.r;y-1933, the LE;ndtlr of the Nazi rilrty and

Fuehrer of th,-, !.eadGrship Corps thvNof v:ns <'flpointcd Chr:.l1cel1or

Presidunt, by dl.-crceing thiJ.t his uffici:lJ. titlt=. should cWltimlE; to

be Fuehrer .~d aeich eh nC811or.

2003-i)S. Decree of 1 J'l.ugust 1934, merging offices of Reich rr0sident and ~cich Ch~ncellcr, 1934 RGB1, I, 747.

10. By;). decree of 20 DecOr:J.b(:r 1934, fo.rty uniforms end

institutions 'WGre gr:\nttld the S·'ffil.-' p::ot0ct1on as tl'~";se of the state.

This lo.w was entitled "l.nw ConceX'ning Trulcherous .'.cts against the

T t~ Stnte and rartJ , o.nd f'Jr :'rotectkn of ::::rt·· Unifurms."

1393-E§. lnw 0f 20 DtlcE:lmber 1934, 1934 RG51, I, 1269.

ll. On 30 Ja .1Uary 1935, the German Communal Ordinance was

issued, providini5 for i:1l'~r'vased control of oonununal life by the

Party. The preamble to the ordinance states that the aim of the

ordinance is to qualify the communes "for the highest achieve-

ments in close cooperation with Party and state." The ordinance _.. ·~9 ..-

instituted a Delegate 0: .th3_E.~.!'-~ anc. vested hin with power,

in agreement wi. t h th e ~=ayor, to ap point Councillors. Section

6 of the above ordinance states that the Hayor receives his

appointment through the confidence of Party and state. Section

33 provides that the Delegate of the NSDAP should participate in

and consent to the issuance of communal legislation. The above

ordinance introduced the IIIeaderf1hip principle II into adIninistra-

tion of the communes.

2008-PS. Gem.an Communal Ordinance, 30 January 1935.

According to the above ordinance, the Deputy of th e

Fuehrer (then Hess) had to stipulate who was to be the Party Dele-

gate. The executive decree ptlblished by Hess, under the ordinance,

provided that nonnally the Kreisleiter "as to hold this position.

By Article 2 of the above executive decree, the Gauleiter was autho-

rized to appoint the Kreisleiter as Party Delegate to the Communes.

The above executive decree also provided that Hitler was to be the

Party Delegate for the city of l:unich~

2325-PS. Decree in eX8cution of Art, 118 of the German liunicipal Order, 26 March 1935, 1935 RGBl, I, 470.

By a circular letter dated 17 July 1935, ~eichsleiter

Bormann issued an instruction to Party officials directing the

Political Leaders of the N.:::DAP to attend regular conferences of

state Councillors and Mayors. Pursuant to this directive, the

Minister of the Interior of the Reich Gnd Prussia issued a direc-

tive, dated 8 July 1935, instructing the Oberpraesidenten '(Chief

Presidents) to invite the Kreisleiter to attend the conferences of

State Councillors and Lord ~.:ayors at which questions of general

importance were to be discussed.

2474-PS. Decrees of the Dt::puty of tre Fuehrer, 19.37 Edition, p. 147 t

12. BY a lavT of 15 Sephmber 1935, the Swastika flag of

tm Party '/las made the official flag of tre Reich. This law en-

acted by the Reichstag indicates on its face that it issued from Nurnberg on the Party Day of J.; September 1935. It was signed by Hitler, the Fuehrer of the ~eadership Corps of the ~azi Party; by Frick, a Reichsleiter of the Leadership Corps; and by von Blomberg, Reich Minister of '::ar and Suprema Conunander of the ~;ehrmacht•

2079-P§. Law of 15 ~8ptember 1935, 1935 JGB1, I, 1145.

13. On 23 April 1936, a law ~as enacted granting amnesty fo r cr:i,mes which th e offender had co:runit tl:::d 1Iin his eagerness to fight for the National Socialist ideal. 11

1386-PS. Law conceming tho granting of amnesty, 23 ~pril 1936, 1936 RGB1, I, 378.

14. In furtheran ce of t re Conspiracy to acquire t otali- tarian control over the G0rman people, a }av' was enacted on 1 December 1936, which incorporated the entire German youth within the Hitler Youth, thereby acr:ieving a "total mobilization of G-erman

youth. 11 The: ]P.w further provided that the task of educe.ting the G0rman youth through the Hitler Youth was entrusted to the ]eichs-

leiter of !~SDAP. Gcrmc1I1 Youth in the The law further provided that

the R~ichslciter th~ for Education of Youth was directly responsible to the FUt;)hrer.

1392-PS. !Jaw on the Hitler Youth, 1 December 1936, 1936 RGB1, I, 993.

15. On 4 February 1938, thl::: FU0hrer of the, lec.dorship Corps of the NSDAP, Hitler, issued a d~cree in w1ich h~ took over directly the command of tho vtlOlc Armed Forces. In this decree, Hitler declared, in part, as follows:

"from now on, I tcti-ce over directly the command of the whole Armed Forces. II

1915-PS. Decree of 4 February 1938, 1938 RGE1, I, 111. 16. By the decrae of 4 February 1938, Hitler becC>ffiE;; Supreme Commc.nder of thE: Armed ~orces. He WEtS, l'..t the time of its issuance, Fuehrer of J.t.l,~.dt;;;rship the Sorps of the Nazi Party. By virtue of the earlier law of 1 I.ugust 1934, he combined th8 office of ~eich Pre::sident with that of tlli Chancellorship. In the final result, - 21 - therefore, Hitle r vrc.s Supreme Comn18nder of t -'e .'.rned ?orces, HeC\d of tre G\;;rman st:-t<.;, :m.d Fuehrer of th~ Nazi Party.

1915-PS. Decree of 4 Februcry 1938, 1938 ]GB1, I, 111.

1893-PS. Organization Book of the NSDAP, 1943 Edition, p. 146.

Hith respect to tht; foregoing point, thl:: Party Manual statt;s as follows:

" •••the Fud1rer c~'u·'1.ted th~ National Socialis t Germ;:m ~;orkers' Party. He fillt:::d it with his spirit and his dll, end with it he cor.quered thG power of the st:1.tl::: on 30 J'lnu<:',ry 1933. Tho. Fuehnr's vdll is supreme in the Party.

B;)r authority 0 f ths law Clbout the Chkf of state of the Gbrman Reich, dated 1 AU6~lst 1934, tho office of the Reich President has been combim:d v;ith tl1!'~ t of tht; J.eich Chancc..:llery. Consequently, the powors hIJretofore possessed by the Reich President were transferred to the Fuehrer, :.. dolf Hitler. Through this lc:t'w, the con duct of Party cilld state has been combin0d in one hand. By desire of the Fuehrer, a plebiscite was conducted on this lc'lw on 19 August 1934. On this d::'..y, too Germun people cho~e ..dolf Hitl~r to be their sole l",ader. He is responsible only to his conscience and tothe Gurman nation. " (unddr1ining supplied)

1~93-ps. Ibid., p. 146.

17.. By 2. dt:::cree of 29 !.ray 1941, Hitle r 0 rdt:::red that the

Chief of the Party C~ancellery, Reichs10iter Borm~n, should hnve the pOVit:::rs of a :t6ich ~inister mdthe.t h<: vms a membt:::r of the

Reich Government and thE,; :~inistt:ric'll Council fo r the Defenstl of the :tt:;ich. In the abOVe decree, Hitler stc'ltt:::d that it was issued

"in order to gu.:1.rrntee closest collaboration of the Pc'lrty Chc'ln- cellery "Iii th tht::: SupreIllt: :teich Authorities."

2099-PS. Fuehrer decree relating to the Chit:::f of the Party Chancellery of 29 May 1941, 1941 RGB1, I, 295~

decree of 16 January 1942 provided that th e P."rty should pClrticipate in legislation ,?nd official nppointmt::rlts C'..nd pro- motions. Thl; decrGe further provided th['.t such pnrticipr-..tion should be undertaken exclusively by :teichsleiter Bormann, Chief of the P~rty

Ch,mcdlery <,.nd n RGichsleiter of the Leadership Corps of the Nazi

Pnrty. The decre(;; provided t hat the Chief of the Party Chancellery was to tnke pJ.rt in the prepc.ration of all laws D.nd decrees issued - '~2 - by ~eich authorities, and to give his assent to those of the

Lander and Reichsstatthalter; all communications betvreen state and Party authorities, unless with in one Ge'..U only, were to )X.ss through his hands.

2l00-PS. Decree on the position of thE: Leader of the Party ChancelleD', 1942 RGE1, I, 35.

2474-ps. Directive of 25 October 1934, Decrees of the DeEuty of the ?u~hrer, p. 67.

18. On or about 26 April 1942, Hitler decl~red in a speoch

that, in his capacity as Leader of the Nation, Supreme Commander

of the Armed Forces, Supreme HGad of thE.: Government, and as Fuehrer

of the PCl.rty, his right must be reccgnized to compel 'with 211 means at his disposal, overy GDrmm, wh0thcr soldier, judge, State

official, or Party official, to fulfill his desire. He demanded

that the Reiohstag officially recognize this ass~rted right.

On 26 April 1942, ttlu Gurman :1cichstag issued (l decision in which

full recognition was given to the rights which the Fuehrer had

asserted. Th0 ]eichstag decreed as follows:

"Tht;re c"n be no doubt, th.:'.t in the present wo..r, in which thE.: G",rm.:m. people is f:1cE;d with a struggle for its existence or o..nnihilation, the Fu~hrer lnust h~ve all the rights postulated by him which serve to further or ~chieve victory. Therefore - without being bound by existing leg~l regulations - in his capacity rug Leader of the Nation, Supre:me COffiffi2l1der of the !'.rmod Forces, Governmental C~d.,-f end Supreme Executive Chief, as Supreme Justice and lee·.der of the Party - the FUthr<;r must be in [1. position to force with <1.11 means at his disposal every G8rman, if necessary, whether he be common soldier or officer, low or high, official or judge, leading or subordinate official of the P'lrty, worker or e-mployee - to fulfill his duties. In C8.se of violation of th~se duties, th0 Fuuhrcr is entitled, aft0r conscientious eXD..min"tion, rcg['.rdless of so called well-deserv"d rights, to met\.) out duo puniffi ment (~d to rc;move th0 offender from his post, r<'mk and position wi thout introducing prescribed procedures. '

At thu ord0r of tho Fuehrer, this decision is h-:;reby made public. Byrlin, 26 April 1942."

1961-PS. D\.-ci3ion of the G:' ctE:r G rmrm J.~ichstag, 26 ~pril 1942, 1942 RGEJ, I, 247.

19. On 15 JU=~y 1942 a lnw w<'.s en".ctcd providing thr.. t, in

the rrotcctore.te of Bohemia and Horavia, in the eVJlt of ~n p.ttack

by a non-German a.gainst the SS or the Gt;rman police or My of their - 23 •.

~ t. ~ .' '-'. --..;. was empO'l'lered to est:-.blish o. combine:d J3 :llcl F'olice c_urt, by decl;ring th,-t s:~ec::'a:" :;"':.:'c;l~ests on t:>e ).rt of the S,S I)r of the police req:ri.red th'lt jurisdiction be t:lli:er. by an 3.3 :'.ncl Police

Court.

2016-ps. Or-cicr concerning the jurisdiction of 55 C'''>':'l-tS .".na. Po2ice 8om~ts in the Pro tecLO rate po£1emb. .:nu .,"or::.vi~, 1'/42 RGB1, I, 9. 475.

20. On 20 Jl.l!f',ud 1942, the Fu",;:rer decreed thC'.t tte

Reich Hinister of Ju:...tice was empowered to esti"..blish 110. N,',tional

Socialist acirninistrdion of justice and to t'he all necessary l!leaSUres in accordcmce i'.i th my directives 2nd instructions •••• he can hereby deviate fron em;)' existing lr:lW.1I

1964-PS. 1942 RGB1, I, 535 •

.. E. In view of the domination of the German sttite and C-overnment by t.rle Nazi Ptirty and the lee.:.i(;rship Corps thureof, as est,".- blished by th\.; foregoing and oth~r evidence; recited in th e ::aster

Trial Bri~f, it is submitted that the le'1,de rsh ip Corps of the l!a~i Part" is responsiblE:: for the measures, including legislative enactments, taken by tho GerlTl£'.n 3tatv o.nd (overnment in furtherance of th G Conspiracy formulc~ted e.nd carried out by the co- conspimtors and the organizations charged vvi th c ri!:J.inC'.lity in the present case.

For exanple, as revealed by the above evidence, Point 4 of the originDl Party Progra:n dGcl ~red that a Jew w.:-..s not a :11e.'l1- ber of the Germn.n re.ce :-.nd, thurd'or\:;, WC'.S not entitled to citizenJol- ship. This prcJl1iso 'Vms incorpor2.tc;d into the law of tht; Third

Reich by numerous ~~ti-J~mitic ,1nd discrioinatory laws. Conse- qucntly, it is submitted that, by virtuG of their control over the

German st:.:'..t<.: and Gov"rnment, <'..5 s hOVin b~r thL. f oragoing evidence, the Nazi Party ::md thE: lwdcrsllip Corps th,_:ruof sh.qrc re:sponsibi-

lity for, among other en.:'ctments c:nd mce.8Ures furthering the Con- spiracy, the followinc discrimim.tory In.ws: thnt only D. "responsib1u p,;rson who is ['. C-0~~:.n c:l.t,h.. an nnd hns

Germ:'J1 or cognate blood ::w.y be a pensc.nt." Thf:; J.D."T f urthAt' pro- vidtld th."l.t 0. person Y!r.s not considcre d :vrmr..n or C'.S b"'.ving cognate blood if "his pc.tcrnnl or IIk1.terncli gr~ndpr.rents hc.·WG Jewish or colore d blood in t heir veins."

1402-PS. Thu H()mestc,:1d Lr.w of z:; .leptember 1933, 1933 RQB1, I, 685.

2. The P;,.rt;)r Congn-ss of ;3t:pt\::.illlbur 19.3 5 wr\s entitled the

"Party Congro S8 of Fr"cdom" .:-.nd wets IIr' rkG d by th\,; i ssu;~nce of drnstic m0nsures c.gninst the Jews. . 1<.1.' of 15 Septl.;!:lbvr 1935,

"Tho Law fo I' th(: Protuction of GerIIk"n Blood md Gcrmm Honor," l:xplicitly deprived thu Je:ws of th" rights of full Gt::rman citizenship, placed f'. b£'l1 on mixed mnrri.:-.g0s butTleen "JC1'JS" and "Ary2ns" nnd forbado Jt;WS to anploJr women dOffivstics of ".I'..r;y"?l1" origin.

The UeichstE'..g md at Nurnb(;rg for th~; enHctment of this 10.,1 in the o.tnosphere of tho Pr..rty Congrbss.

The above lc..w plDvides, in pnrtincnt prrt, o.s follows:

"Mr.r:i.'io.g", b\.;twecm lTcms nr..d citizens of Germon or kindred blood is prohibited•.•Extrr\-mc.rit0.1 re1n-tions between Jews c'nd citizens of Gurm".n blood !'I.re prohibited••• Jews ffi£'.y not employ in thc;ir household female citizens of Gernnn or ld.ndr\...d b2..ood VT~O art; under 45 years of age ••• JlJVIS nre forbidden to hoist the 2eich .:md l':ational flag or to displ.:JY the !leich colors •••Nurnborg, September 15, 1935, at the Party Rally of Fr0edom. Signed: Hitll.lr, Frick, Guertner, ::ess."

2000-PS. Imv for the, Protection of Germ2.I1 Elood e-nd Honor, 15 3eptem.1:H.::r 1935, 1935 ~GB1, I, 1146.

3. On 15 Sopt0mbvr 1935, at the 2eich PE'..rty Dny of

Liberty, held at 1:umb0rg, th0 =~(;:;ichsto.g unanimously passed a kw

depriving r.ll GGrman JGV!S of thd.r citizcns:-lip. Tn, lc.w cree-.ted two categories of subjGcts, first, J.t,;ich citizens with full poli-

ticcU status, r..nd second, nc:ich subjects vrithout such politicnl

status. Tho JOIiS WU:C", assigned to the. st.;;cond Ct'..tcgory bccn.use

only Germans or pursons of IIr~tcin.lly r.:::l:-~ted bloodll could bG 2,r::ich

citizens. The nbOV0 Inw provided, in pn.rtinent ~,rt, thnt: ?5

"A citizen of the Reier: is only th·,.t 3ubj ect ",ho is of Ge nnan or kindrc-::' ~")lood tnd Wrl0 ~ th roU@:1 hi s conduct, shows that he is ':oth desirous end fit to scrve faithfully the Gennm pe:oplt.:: rnd ~,oich .. ,"

14l6-PS. !he Reich Citizenship !.IlW, 1935, I, 1146 ..

4. A lc1.w of 14 November 1935 defired perrons of Jewish

blood and further provided thl.1.t "Il Jew cnnnot be a citizen of the

J.eich. He has no right to vote in politiccl Ilff<'.irs; he cnnnot

occupy a public office••• Jewish officio.ls will be reti red M of

31 December 1935.•• "

l417-ps. 1935 RGBl, I, 1333.

5. B~r a decree of 17 August 1938, the leg.:'.l classifi-

cation of GermM Jews as a foreign "race" WM carried still further.

It provided thnt mwly-born J0WS would h:we to be given first

nrunes from n list which vms compih;d by the j.:inistry of the In- terior. Tho n~'JIlCS Viera <.'..11 biblic<'.1 nn!1los, mostly from the Old

Testament. Jews who were born before thG isslli,nce of the decrce,

using given names difforent from those provided in the ministerial

directive, wore obliged to adopt,ns ~n additionnl given-name,

"Israel," if male, and tho nCl.me "Sara," if female.

l674-PS. Second Decr~e for the Execution of the !aw J.egl.1.rding thG ch~nge of Surnamos and Forenr.mes, 17 August 1938, 1938 ~GBl, I, 1044.

6. By n decree of 5 Octob0r 1938, nIl C~rm~ pnssports

of Jews we!'\., decl;:'.red to be inv.:'.lid. f~ll Jev/s who h:~d pnssports were required to surrender them to the police nuthorities.

2l20-PS. ~,w on Passports of JeWS, 5 Cctobbr 1935, 1938 RGBl, I, 1342.

7. On 12 Novemb~r 1935, th0 Commissioner of the Four

Y~ar Plan, Goering, imposod a ono billion ~(;ichsmarks finG on

c.ll Jewish subjects of the .Jtnte. The ddcree provided, in pnrt,

as follows:

"The hostilo 2.tt·itudc of Jt;wry tow<'.rd th0 Germrn nation <'.nd neich, nn r.ttitude v.rhich doos not wvcn shrink from cownrd1y murder, d~nMds dctormincd resist~nc0 ~d punishmc.:nt •.•The payment of nn atoncmo:;nt of one billion Ruichsmnrks to tho C~rman neich is imposed on all Jewish subjects of tho statc,." - ~'5 -

1412-PS.. Ord0r concerning t:xpi".tio:l o..,nb"ibution of JoYis of G0rm.qn nation:'1 ity, 3_2 Nov8mb\;;r 1938, 1938 RGB1, I, 1579.

8. 1~ ducrl.le of 12 Novt;mbor 1938, issued by Go0ring, contributed to the 81imimtion of Jows from Germm economic life. Under th", tf,;;rms of the decree, JE;WS were forbiddc.;)l1 to m.:"!n~ge firras :"nd to offer goods for sbrvices in thl;) m.".rk(;ts.

~rticle 1 of ttiE; ~bovc decr~e provided uS foll~Ts:

"From 1 Jt..n\lD.ry 1939, operati on of rf,;;tcil shops, mail ordl:::r houses, indeperrlent eX0rcise of hC'ndicrcl'ts,is forbidd0n to Jews ••• Jewish shops operutvd in violt.. tion of this order will bo closed by policf,;; ••• No Jew CC'n mant..gt: a finn•••If Q. jl;;'W is n It;;t..ding (:~ployee in a business concern, hE;: may be dismissed with notice of six wt.:elm. At thl- expirrttion of this po;;riod, nll cle.ims rbsulting from thl: <:.:mploy",e' s co ~·.tr ..\ct, espc c:k'\lly claims of compf;ln5.'ltion or p(;!'lsions, b~come null. No Jew c:'n bt::.. t.. memb-.;r of ·:t coo9.,;rative society••.• "

l662-PS. Order eliminuting Jews from Gern.'ln economic lifo, 12 November 1938, 1938 ~GB1, I, 1580.

9...... police regulc.tion rc..;stricting the.- r.>.ppc!"..rClnce of

Jews in public, dated Nov~mb0r 28, 1938, sign~d by P.eydrich, for the ~eich ~inister of the Interior, provided as follows:

"The Governmi.mt's Presidents in Prussia;'jBC'.vnria end the Sudeten G<:.:rmc.. n .:tr(;2,s, the proper Q.uthoritios in tLe remdning pro"incus of th:. old "':t:ich, thv District Cnpt1'\ins (thu ::ayor in Vic.:nna) in .~.us tria, and the leich Conmissar of th8 ~t..nr district m~ impose upon Jews, both subjects of th0 Germcm stnte and statoless Jews •••restrictions ['.s to pl...\ce pnd time to the effect that th uy m:'..y not enterv·certa:illi::;tl.±stricts or ffiaJ• not nppeo.r in public 2.t certain times ••• 11

1415-PS. Police Regulation re Appe~r~nce of Jews in Public, 28 November 1938, 1938 RGB1, I, 1676.

10. A law of 30 }.pril 1939 provided thr.>.t Jews were to be denied the protection of the t~n~ncy laws.

1419-QS. Lnw Concerning Je"Jish Ten:mts, 30 ,;pril 1939, 1939 RGB1, I, 864.

11, In c.n ord\;;r d.'J.tt:d 17 3eptvrnb0r 1940, issued by Goer- ing, the property of natioilaJ& of ..the "Former polish ::t,.".t" within the c.ren of th0 Grbr'.tE;r Germ,en ;\'<::ich," I'I['.S ffi.:.de subject to confis cation! ~'\rticlG 3 of th is ord~r provided t h:'.t IIconfiscation will bo applied in cr.'..sc of propurty belonging to••. Jev;s. II

1665-PS. Ordor Concerning Tre-atmcnt of prOIX'rt;T of :.NntionD.1s of the Former Polish state, 17 September 1940, 1940 RGB1, I, 1270. r • .' /

Jews '-'.5 an outcc.st g:DU;) was <'.cc0ntu".tud. The d0cre8 provided th[l.t m~.le <>,11 Jews, or female, over 6 ~T(;[l.r3 of age, were prohibited from nppc<'.rir.g in public without wGnring the "Jewish

st2.r. " The decree described t h~ Jewish str.r n.s 2. "yellow piece of cloth wi. th [l. blr.ck border, in tr.c form of :'. 6-pointed stnr of th,-, size of a hand with the inscription' Jev I. It shrll bE:: worn visible, sew~d on th6 left side of the chest of the gnrment."

ThE:: decn.e further prohibited Jews from lec.ving the communit;r within which they resided without the Vlri tten permission of tht; loc.'\l police; <>nd prohibited thl::m from wen.ring medds, ribbons, und other insigni~.

2118-PS. PulicG Decr~e on Identific~tion of Jews, 1 ~eptumber 1941, 1941 ~GB1, r, 547.

13. 1'. rugul;'.tion, d,:.t<.;d 1 July 1943, pursu:nt to the Hcich Citizenship l<'.W, lJrovided th2.t crimin·~l i'.ctions conunittcd by Jews ~8re to be punished by the police. 3uch offenses, under this regulation, Vier\:; not to be trit.ld by courts, but, '\s indicr.ted, by thl: police. The.: r0gul.::.ti.:m further provided, by !,rticle 2 thereof, tht'.t

"The.: property of ". Jew shrll b0 confiscC'.t0d by the n,eich <:~ftE::r his det'.th."

The e:ffl;ct of ill ch provision w~s to nullify the testrunentary ~hts of Jews md intestate succession to tho property of Jews, substituting nutom.:'.tic eschen.t to thE:: estnte.

1422-?S. 13th :1\..gul.".tion of 1 July 1943 under the J.eich Citizenship 1.aw, 1943 Re-Bl, I, 372. III. EVIDENCE RELATING- ~.~L~?g~ j'j~'j: ~\~.:X~:~UT~.~:~ _~'·L.~I~~ LEADERSHIP CORPS 0]" 'Ii:]; ·~'t\~::r: PAHTl I:J j\l5J.;:)Jj·\'l:~3 AND ACTIVITIBS DEStG~lliD T(TTURTH~Rrfili-c~'\fs-prt{.ACY.

Note: Tn~ foregoing P... rt II of this Trial BrIef recites the evidence tending to prove the domination and control of the Gerwan Govern ment and Set. t~ by the Nuzi PG.rt~' and the Lec.dership Corps thereof; B.nd supports the submission thet, by reason of such control, the Le~dership Corps shares responsibility for ce~tain enactments, measures and policies of the ~German St~te and Government designed to cerry out the ConGpir~cy. The present Part III of this Trial Brief recites varied and selected evidence in proof of the direct participation of the Leadership Corps and the members thereof in measures and activities in furtherance and execution of the co~~~on Conspiracy. A. THE LEADERSHIP CORPS OF THE Nb.ZI PARTY JOINED AND WAS SYSTEMATICALLY EHPLOYED IN FURTHERING THE COI~~ON CONSPIRACY. 1. Reichsleiter Alfred Rosenberg and Reichsor-

ganisationleiter Ley \~ere both Reichsleiter of the NSDAP. 2473-PS. National Socialist Yearbook, 1943 Edition, p. 170.

An agreement ·was concluded betv~een the Reich Minister for the Occupied Eastern Territories, Reichs- leiter Rosenberg, and the Director of the German Labor Front, Reichsorganisation16iter 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, con cerning a 'olcentral inspection for the care of foreign workers. 11 The purpose of the two agreements was to coordinate activities of the organizations concerned with respeot to the administration of plants and camps in which foreign workers were employed. 1914-PS. Statutes, regulations, publica

tions, 1st part, 1943 Edition l pp. 318-319) published by Central Publishing House of the NSD1~. 2. On 13 September 1936, Reichsleiter of the Party Organization) Dr. Ley, addressed 20,000 people ·".....

atte~ding a session of the Pa~ty Congress. Th~ official acc9unt of the Party Rally states that the Fuehrer was

received with }lenthusiastic shouts of exaltation \I when • f he strode through the hall with his deputy, his constant retinue, and several Reichsleiter and Gauleiter. In his speech, Reichsleiter Ley states that he had been mystified when the Fuehrer ordered him "in mid-April 1933 to take over the trade unions••• , since I could not see any connection between my task as Organizational

Leader of the Party and my new task. 1I Ley continues "by stating that very soon it became clear to him why his responsibilities as Reichsleiter of the Party Or ganization and Leader of the German Labor Front made Idgical his selection by the Fuehre'r as the man to direct the smashing and dissolution of the free trade unions in Germany: llVery soon••• your decision, My Fuehrer, became clear to me and I reoognized that the organiza tional measures of the Party could only oome 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 conoentration and align ment •••My tasks as Reichsleiter of the Party Organization and as Leader of the German Labor Front were a completely homogeneous taSk; in other words, in everything I did, I acted as Reichsleiter of the Party Organiza tion••• The German Labor Front was an institu tIOn of the Party and was led by it. The German Labor Front had to be organized regionally•.• according to the same principles as the Party. That is why trade union and employee assooiations had to be smashed unre lentingly, and the basis of oonstruction was formed, as in the Party, by the cell and the local section••• " 2283-PS. Excerpts from Voelkischer Beobachter, Munich (South German) Edition, 14 Sep tember 1936, p. 11. 3. 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 tele gram to Gauleiter urging them not to interfere in the liquidation of certain listed COfllpE;lie::: and bLn~B L!.tlG.81' his supervision. Rosenberg emphasizes to Bormann that any "delay of liquidation or•••independent confiscation of the property by the Gauleiter vJould impair or destroy an organized plantl for the liquidation of a vast amount of property. 327-PS. Letter of Rosenberg to Bormann, 17 October 1944, concerning liqui dation of property in the Eastern Occupied Territories. 4. 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; and he stated that he realized 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 •••Againstthis wave of enemy propa ganda and cowardice you need more than force. You need to know the true situation and, for this reason, I believe that I am justi fied in giving you a perfectly open and uncovered account of the state of affairs ••• " L-172. Lecture by Chief of General Staff of Armed Forces, 7 November 1943, to Reich and Gauleiter, Munich. 5. On 30 May 1944 Reichsleiter Bormann, Chief of the Party Chancery, sent a circular letter, described as linot for publication, Ii to Reichsleit~, Gauleiter, and the leaders of the incorporated and affiliated organizations of the Party. The letter alleged that in recent weeks English and American fliers had repeatedly shot children, women, peasants, and vehicles on the highway. Bormann then states: IiSeveral 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."

The Chief of the Party Chancery re~uasted that Ortsgruppenleiter be instructed concerning the contents of the circular letter only by oral means. 057-PS. Circular letter from Bormann to Political Leaders, dated 30 May 1944. 6. Reichsleiter Bormann distributed to all Reichsleiter, Gauleiter, and leaders of Party affiliated organizations, by an undated letter of transmittal, an order of the Supreme Command of the v!ehrmacht, relating to self-defense by German guard personnel and German contractors and workers against prisoners of war. The order of the Wehrmacht referred to states that the ques tion of treatment of prisoners of war is continually being discussed by V';ehrmacht and Party bureaus. The order states that should prisoners of war refuse to obey orders to work, the guards have "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••• 11 656-PS. Undated lettur from Borm&nn to Political Leaders, enclosing order of the Supreme Command of the Wehrmacht relating to self-defense against prisoners of war. 7. On 18 April 1£44 J Re~;.ch CC:.'1llJ1issar Lohse,

Reich Minister for the Occupied Ea~tern 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. Lohse states in the above letter that Ilin 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 dem.ands this. 1I Lohse further stated in the above letter that

1I ••• in contrast to the Germanic peoples of the West, military education is no longer to be carried out through voluntary enlist ments but through legal conscription. The camps in Estonia and Latvia•••will have to be under German leadership and, as military edu cation camps of the Hitler Youth, they must be a symbol of our educational mission beyond Germany's borders••. I consider the execu tion 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. Copy of letter, 18 April 1944, from Lohse to Reich Youth Leader Axmann. 8. The Reichsleiter of the SS, as shown earlier in this Brief, was a Reichsleiter of the NSDAP. 2473-PS. National Socialist Yearbook, 1943 Edition, p. 170. 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 mtiasures." (Uadtirlining supplied) The above order related to the administration of the Sudeten-German territory. 1438-PS. Thirc.. u..:'

Norway Action, \l particularly of c.ealings between Rcs'J.a-·

berg and ~uisling. The report states, in part, that "The Office of Foreign Relations of the NSDAP has had contact with VIDKUN ~UISLING ••.for years. The director of the 'Office North' of the Office of Foreign Relations ••• paid him (~uisling) a personal visit on one of his trips to Scandinavia. When in 1939 the general political situation was beginning to grow critical, ~uisling gave the Office of Foreign Relations an estimate of the situation and his opinion about the possible intentions of Great Britain with relation to Scandinavia in case of conflict•••with the German Reich. Prior to the convention of the Nordic 4ssociation in'Luebeck, ~uisling was received by Reichsleiter Rosenberg in Berlin••• During his presence in Germany, ~uisling had requested a short, pertinent training program for reliable party functionaries especially selected by him. This request was granted by Reichsleiter Rosenberg. In AUGust 1939 a 14-day course was held at the School of the Office for Foreign Relations of the NSDAP in Berlin for 25. followers of the NASJONAL SM!~ING who had been selected by ~uisling•.• As the activities of the Allies became more and more noticeable in Norway, ~uisling again came to Germany to voice his fears. He was received by Reichsleiter Rosenberg in the early part of December and he again presented his ideas. 1t (Underlining supplied) The above report states that, convinced of the

victory of Greater Germany, ~uisling considered it his duty to tie Norway's fate to that of Germany. Rosenberg emphasized to Hitler the importance of Norway in relation to the possible occupation 'of that country by England, with the tacit consent of the Norwegian Government, for the purposes of strengthening the blockade against Ger- many. As a reSUlt, thE; report continues.:

il ••• ~uisling was received by the Fuehrer for personal instructions on the 16th of Decem ber and again on the 18th••• The Fuehrer promised ~uisling financial support for his movement •.• The military matters of the questions wore now transferred to a special military staff which assigned special missions to ~uisling and heard his opinions. The political treatment was to be handled by Reichsleiter Rosenberg, expenses were to be carried by the Foreign Office ••• Strictest secrecy was ordered for the entire matter. - _.-. -- --.~- _.-- •- -- ._---- .-•••_-- '-0 _._•••• ._----. ------._--_._---- - 35 -

Then, in January, during a conference between Reichsleiter Rosenberg and Foreign Minister von Ribben~rop it was decided to appropriate to Q.uisling an initial sum of 200,000 Goldmark. 11 (Underlining supplied) The above report describes further details of the

collaboration between ~uisling, Rosenberg and other German officials, including an arrangement, llbased on a report of the Reichsleiter Rosenberg to the Fuehrer••• to pay Q.uisling 10,000 English pounds for three months ••• to

support his work. l1 The report describes intervening events leading to the invasion of Norway by Germany and the occupation in the morning of 9 April 1940 of the most important air fields and seaports. "After the success of the occupational operations in No~vay•.• the Fuehrer called Reichsleiter Rosenberg for a short talk before lunch on April 25th•••He ••• revealed to Reichsleiter Rosenberg that he had based this most daring decision which was now approaching successful completion on the continuous warnings of Quisling as reported to him by Reichsleiter Rosenberg••• 11 (Underlining supplied) 004-PS. Report on the Political Preparation of the Norway Action, dated 15 June 1940, Berlin, submitted by Rosenberg to the Deputy of the Fuehrer.

12. On 1 September 1939, Hitler v~rote a memor- anduro stating; "Reichsleiter Bouhler and Dr. Brandt, M.D., are charged with the responsibility of en larging the authority of certain physicians to be designated by name in such a manner that persons who, according to human judg ment, are incurable can, upon a most careful diagnosis of their condition of sickness, be accorded a mercy death.

Signed: A. Hitler. ll A handwritten note on the face of the document states: "Given to me by Bouhler on 27 August 1940, signed: Dr. Guertner." 630-PS. Memorandum of Hitler, 1 September 1939, relating to authorization of mercy killings. - jb -

13. A note of a meeting held in the Reich

Mi~istry for Enlightenment and Propaganda on 10 March 1943 discusses the ,ltreatment of foreign v~orkers employed in the Reich.I? The note emphasizes that measures should be taken to improve the attitude of foreign workers in Germany toward the Reich: "This is particularly necessary in the treatment of the workers from the East••• The hitherto prevailing treatment of the Eastern workers has led.••to a diminished production•••and has resulted in.••well known difficulties for our troops. In order to facilitate military operations, the morale has to be improved by a better treatment of the Eastern workers in the .Reich. " The note further states: "In a decree issued 15 February to all Gauleiter and Reichsleiter, Reich Minister Dr. Goebbels has iven corres ondin dir 0ctives to Party agencies••• " Underlining sup'plied) The note declares that the change in policy declared in these directives should effect

1I •••An increased repudiation of mistreatment and beatings•••Accordingly, a more severe punisrunent is planned for those supervisors and under officials who C0Il1J.11i t such offenses. ii The note states that considerable doubts were voiced conoerning the announced change in polioy toward foreign workers from the East by the representatives of both the Main Security Offioe of the Reich and of the Party Chanoellery. The former stressed the neoessity for strict measures on seourity grounds, while the latter pointed out that increasing freedom for foreigners would create controversy for the German population. 3l5-PS. Note of a meeting held in the Reich Ministry for Enlightenment and Pro paganda, on 10 March 1943, relating to treatment of foreign workers em ployed in the Reich. 14. In a nots of a discussion held on 18 Septem ber 1942 with Reich Fuehrer of SS, Rimmler, the writer, who signed the note "Th,a states that, on the suggestion of Reichsleiter Bormann, an agrcemer..t had beeD reached between Rimmler 6..:1G. himeelf vd~.~l :cespqc-c t.:> lIz;pecie.l treatment at the hendB of the p~lice in cases where judicial sentences are not severe enough." Under the agreement referred to, "the Fuehrer's time is no longer to be burdened with these matters." In the note it is further stated 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." (Under lining supplied) If the views of the Reich FUbhrer 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 e.0ssibly inform the Fuehrer••• " In the above note it is further stated: liThe delivery of anti-social elements from execution of their sentence to the Reich Fuehrer of SS to ba worked to death. Persons under protective-arrest, Jews, Gypsies, Russians and Ukrainians, Poles with more than 3-year sentences, Czechs and Germans with moro than 8-year sentences, according to the deci sion of the Reich Minister of Justice. First of all the worst anti-social elements amongst those just mentioned are to be handed over. I shall inform the Fuehrer of this t~rough Reichsleiter Bormann. (Underlining supplied) With respect to the "administration of justice by the people," the writer states: "This is to be cc.rried out step by step as soon as possible ••• l shall rouse the Party articularl to coo orate in this scheme b ~n article in the Roheitstrager NSDAP pub lication) ••• 11 (Underlining supplied) 654-PS. Note of a discussion on 18 Septem ber 1942 with Himmler relating to "special treatment" by police in cases where jUdicial sentences are deemed inadequate. 15. With respect to the enslavement and inhuman treatment of civilian population of German-occupied areas, the views of Reichsleiter Bormann were paraphrased by an ",- ... '~ ,-, official in the Rosenberg Mi~ist~J~ wb~ protAsted in ~ memorandum, in part, as fcllows: liThe Slavs are to v\lork for us. Insofar as we don't need them, tLey may die. Therefore, compulsory vaccination and Ger~.lan health ser vices are superfluous. The fertility of the Slavs is undesirable. They may use contra ceptives or practice abortion, the more the better. Education is dangerous. It is enough if they can count up to 100. At best an edu cation which produces useful stooges for us is admissible. Every educated person is a future enemy. Religion we leave to them as a means of diversion. As for food, they won't get any more than is necessary. We are the masters, we come first." A· &.£§.. Copy of memorandum to Rosenberg, 19 August 1942, re Bormann letter of 23 July 1942, prepared by an official in the Rosenberg Ministry. 16. At a meeting of the NSDAP in Kiev, the theory of the master race as the basis of German admin istrative policy in the East was expressed by Koch, Reich Commissioner for the Ukraine, as follows: "We are the master race ••• I will squeeze the last drop out of the country••• the people must work, "\lork and work. We are a master race ••• the lowest German worker is racially and biologically a thousand times more valu able than the people here."

1130-PS~ . Note on speech by Koch in Kiev, 1 April 1943. 17. With respect to the inhuman treatment of the civilian popUlation in the General Government, food rations in the occupied area were so inadequate that in September 1941, 40 per cent of the popUlation was sick by virtue of lowered resistance to disease. In August 1942, the issuance of ration cards was suspended for all Poles except those working for German interests. Two million persons were affected by this order. In apologizing for a slight increase in the ration for Poles, the Governor-General, Hans Frank, said that he could not annihilate a people of 15 million with so little help. 2233-PS. Copy of Diary of Hans Frank, 15 September 1939 to 3 April 1945. 18. A letter from RSHA '(Reich' Security Main Office) to- police chiefs, da~ed 5 November 1942, r~cites',' J ' an agreement between the ·Reich Fuehrer SS and the Re'ich , ",",---..;..;.;.-=..;...;...~~~= Minister of Justice, approved by Hitler, pro~iding that. ordinary criminal procedure was no longer to be applied to Poles and members of the Eastern populations. The . agreement ~rovided that such people, including Jews and Gypsies, should nenceforth be turned over to the police. The principles applicablcl 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 lettBr states:

:1 ••• the offense committed by a pbrson of foreign extraction is not to be regarded from the view of legal retribution by way of justice, but from tho point of view of preventing dang~rs through police action. From this it follows that the criminal pro cedurE; against pbrsons'of foreign extraction must be transferred from Justice to the Police. The preceding statem6nts serVE; for personal information. There are no objec tions if the GaQleiter lire informbd in the usual form should the need arise ••• " L-179. Copy of lettbr from RSHA to police officials, 5 NOVember 1942. 19. With respect to thb evacuation, deportation, and Germanization of the civilian population of the in-

corporated ~astorn territories, R6ich Fuehrer of SS, Rimmler, in his capacity as Reich Commissioner for thd -.....-. - Consolidation of German Nationhood, issued several de-

crees requiring the deportation to Germany of all ~rmans from such territoribs who had renounced their.nationality during tho 6xistbnco of the Polish Statb. Thesa decrees direct that persons affected by the provisions thereof who fail to comply are to be sent to concentration camps. After deportation to Germany, such persons were to ba closely supervised by NSDA.P "Counselors" ::.~nd secret police to insure their Gormanization. Certain of the decrees directing such deportation are addressed, inter ~, to the llGauleiter" and the "Reich Governors in the Reich 'Geue t • tt (Underlining supplied) R-112. Decrous of thb Reich Commissioner for the Consolidation of German nationhood, February and July, 1942. 20. In a conference with Reichsleiter Rosen- berg, 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 char- acter. l51?-PS. MvIDorandum from Rosenberg files, concerning discussion with the Fuehrer, 14 December 1941, signed by Rosenberg. 21. 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 CQucasus would have to provide food for the German people. He stated further: "Vio sec c.bsolutely no obligation on our part to fee~ also the Russian people with the products of that surplus territory. We know that this-is a harsh necessity, bare of any feelings ••• 11 Rosenberg stated that, as a consequence of the above policy, extensive evacuations of Russians from that area would have to take place. 1058-PS. Speech by Reichsleiter Rosenberg, 20 June 1941. 22. 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 com pulsory Germanization. The Gauleiter supervised depor tation 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 ~nd police officials, convened to receive the reports and plans of the Gauleiter relating to the Alsatian evacuations, states that the persons deported were mainly llJews, Gypsi.,es and other foreign racial elements, criminals, asocial and incurably insane persons, as well as Frenchmen and Francophiles. lI The memorandum further states that the Gauleiter stated that the Fuehrer had given him permission Uto cleanse Alsace of all foreign, sick, or unreliable elements;" and that the Gauleiter emphasized the political necessity of further deportations. The memorandum further records that the SS and police officials present at the above conference approve the Gauleiter's proposals for further evacuation. 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 ~ad reported to the Fuehrer with respect to the proposed evacuation of Alsatians. It is further stated that the Fuehrer verbally declared that l1asocial and criminal personsll 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 transplanta tion of people from Btlden, "thus creating a uniform race mixture. II R-114. Memorandum of conferences between Guuleiter and SS und police officials, 7 and 18 August 1942. 23. A teletype message from SS-Gruppenfuehrer Heydrich to all state police offices, stated that, on the \. ' bas~s ot-th~ attack upon the German Legation official von Ruth in-Puris, demonstrations against JbWS were to be expected throughout the Reich. Heydrich, in the above message, instructed the state police directors to enter into negotiations with the political directorates of their regions, Gauleitung or Kreisleitung, ili~ediately upon re- J ceiving his telegram, and to correlate plans for carrying out the anticipated demonstrations. Heydrich further instructed that many J~~s were to be seized, esepcially wealthy ones, to the extent of prison accommodations at hand, and that negotiations should be entered into leading to the dispatch of the Jews to concentration camps.

374-PS. Copy of teletype message from H~ydrich to state police offices, relating to measures against Jews.

Ti!e G£1.u-Propagandaleiter of G~u Coblenz-Trier, on 7 Juno 1933, sent a directive to all Kreis directorates, rcleting to plans for conducting Jew-baiting activities. The directive states, iu part, as follows: "You 'o\ill receive in the next fev,; days a list of the communities of your districts in which you v.;ill find the Jc;vlish firms and businesses of your district••• The District Dil"octorate will set up a commi ttee~~hich has the task of directing••• the communities in the whole dis trict. You are to inform the Guu-Propaganda Directorate at once of the committees named. The G~u-Propaganda Directorate will then set itself in coordination with these committees through you. Tho committee will form in all the local groups ••• such committees whose names shall be known only to the district committee. Ta8 members of the subcommittees shall report to the dis trict committee the names of those Party members and other G'Jr-.llJ.ns who buy from JVIi1S. The dis trict committee will pUblish an article whose content is such that it will point out to the miscreant members of the nation the shamefulness of their deed ••• This article must be arranged so that only the addresses of those involved, the business and the time in vlhich he made the purchase will be given. The article should bear no signature and will be posted on various posting spots.•• The district directorate will point out in all gatherings of members, or in all public gather ings, that the Jew in all countries is again I I oar~ying on a low attaok whioh is greatly harmful to Germany. It must be made olear to the masses that no German may buy from a Jew. It is also to be demanded of the Par4Y membership that it oonstantly bring this to the attention of its friends and aoquo.inta.noes ••• 11 3?4-PS. Directive of Gau-ProRagandaleiter, Gau Coblenz~Trier, to all Kreis Directorates, ? June 1933.~

24. A memorandum by Rebchsleiter Bormann of ~ conference called by Hitler at his heo.dquarters, 16 July 1941, states, in pert, QS follows with respeot to the flaintenanoe of order in the occupied Eastern areas: IITlle Crimea. has to be evacuated by all foreigners and to be settled by Gormans only••• We have now to face the task of cutting up the gia.nt cake according to our needs in order to be able first, to dominatb 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 ••• Our iron principle is and has to remain: we must never permit anybody but the Germans t o carry arms, •• il According to the above memorandum, the foregoing conference was attended by Reichsleiter Rosenberg, Reich Minister Lammers, Field Marshall Keitel, the Reich and Bormann, and lasted about 20 hours. The memorandum states thnt discussion occurred with respect tn the annexa tion by Germany of various parts of conquored·iurope.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, according to the memorandum, v,ith respect to th6 qualifico.tions of other Gauleiter and commissiondrs for the administrction of various areas of occupi~d Russia.· , G06ring st&ted, according to the memorandum, that he intended to appoint Gnuleiter Terboven for the "exploitation of the Kola Peninsula; the Fuehrer ngre'es." With respect to the security of the German cdministration in the ~a3tern areas, the memorandum states as follows: .~ , r

- 44-

"This giant area would have to be pacified as quickly as possible; the best soluti9n"was to shoot anybody who looked sideways•••Field Marshall Keitel emphasizes the inhaoi~ants themselves ought to be made responsib+e for their things because it was, of course, im possible to put a sentry in front of ~very sh~4d or railway station. The inhabitants had to understand that anybody Who-din not perform their duties properly would ge shot, and that they would be held responsi~le for each offense. It -, L-221. Copy of memorandum by Reichsieiter Bormann of meeting called byiEitler, 16.July 1941, attended by Rosenberg, Lammers, Keitel, and Goeri~g.,

B. ILLUSTRATIVE OF ITS PARTICIPATION IN THE CON SPIRACY AND IN PARTICULAR THE LEADERSHIP CORPS OF THE NAZI PP~TY JOINED TN 1 THE-PERSECUTION OF THE CHRISTIAN CHURCHES 2 THE DESTRUCTION OF THE TRADE UNIONS AND 3 BY ~1EANS OF THE 1 I EINSTATZSTAB ROSENBERG, il THE PLUNDERING AND LOOTING OF PUBLIC AND PRIVATE PROPERTY. 1. PARTICIPATION OF LEADERSHIP CORPS OF NAZI PARTY IN SUBVERSION OF CHRISTIAN CHURCH AND PERSECUTION OF CLERGY. Note: For evidence relating to the systematic effOrt of the defendants and co-conspirators to eliminate the Christian churches in Ger many, see the section of the Master Trial Brief dealing with such matter. The following evidence is offered in order to prove and point up the responsibility of the Leadership Corps of the Nazi Party and the members thereof for illegal activities against the Christian churches in Germany. a. The Leadership Corps of the Nazi Party Promoted Beliefs and Practices Funda mentally Incompatible with Christianity. (1) A secret decree of Reichsleiter

Bormann, Chief of the Nazi Party Chancery, addressed ~o all Gauleiter" entitled IlRelationship of National

Socialism and Christianity, Ii provides, in pertinent part, as folloWS: "National Socialist and Christian concepts are irreconcilable••. Our National Sooialist ideology is far loftier than the concepts of Christianity, whioh, in their essential points, have been taken over from Jewry. For this reason also, we do not need Christianity.••lf, therefore, in the future our youth learns nothing more of this Christianity, Whose doctrines are far below ours, Christianity will disappear by itself•.• - 45 -

It follows from the irreconcilability of National Socialist and Christian concepts that a str~ngth ening of existing confessions and every dem~nd 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 ~n' erection of an Evangelical National Church by , merger of the various Evangelical churches has '~ been definitely given up, because the Evange~ic~l' 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 c'onsciously and completely has the leadership qi<,,· the people in his own hand. With the Party, it~ " components, and attached units, the Fuehrer has, created for himself, and thereby the German Reich leadership, an instrument which makes him indepen dent of the Church. All influences which might impair or damage the leadership of the people ex ercised by the Fuehrer, with the he+p 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. SD Inspector Bierkamp's 16tter to RSHA, dated 12 December 1941, enclosing copy of secret decree signed by Bormann, condemning Christianity. (2) In a letter dated 25 April 1941, Reichsleiter Bormann reported to Reichsleiter Alfred Rosen- berg, Representative of the Fuehrer for the superVision of the whole ideological and political education of the Nazi Party and its affiliated organizations, that measures had been taken leading to the progressive cancellation of morning prayers in school and their substitution by Nazi mottos, rituals, etc. 070-PS. Letter from Reichsleiter Bormann to Reichsleiter Rosenberg, dated 25 April 1941. ',-,~~.,_. - 46 - .~~ , . •111

(3) In a letter from B~ic~Sl~i~ Bormann to Reichsleiter Rosenberg, dated 22 Fepruary 1940, Bormann de.91ares to Rosenberg ~hat the Christian religion and Nat.ional Socialism are incompatible. );.Bormann cites, as examples of hostile divergence between Nazism and the churches, the attitude of the latter on the racial ques tion, celibacy 01: the priests, mona'l;jteri-es and nunneries, - etc. ~ormann.!urther declares that the churches could not be sUbjugated through compromise, but only through a new phila~ophy 9f life as prophesied in Rosenberg's ~ritings. In the above lett~r, Bormann proposes the creation of ~ Nati~nal Socialis.t Catec~ism, in order to give that par~ of the Germ~n yo~th which declines to PFactice .~, .confe~~1ona~ religion~ a moral foun~ation, and to lay a moral pas~s for NatiQ~al Sociali~t d?c~rines which are . , grap..tial:!r,;Y to. s~lpplant,.,.yp.e Chr*s.tian ~eligions. Bormann ",~ilgge.:~:)'ts. that some of the Te,.q, Command.i,uents could be ~erged with Nationa~ So~ialist the Catechism and states that a . . Commanqme~ts few new should b!;3 addeg., slJ,ch a,s: Thou shalt be .. courageous; Tnoq. "shalt no\; 'oe co~vardl:~ i Tho~ shal,:t believ~n God's pt~sen~e in the living u~t.ur~, anim~~s, and. plants; Thou; shalt ~eep your b190d pUJie; etc. , Deputy .~" ';\\Or the Fuehrer Bormann conc~udes ,:;..... tnat. he '" considers \.. th.e l .. '. .prpblem so impo;rtant that t. t 'should be discussed with the .... Rei~h' members of the Direy.:to~ate, comprising the top_leaders

y of the Leadership Corps'of t.he Nazi Party, as soon a~ possible~' Borma~n' ,", 098-PS. s let~er to' Rosenberg, dated 22 F~bruary 1940, urging creation of a Nazi C~techisili to provide foundation .:,f for, J:~a~ireli~ion. ( .'$' (4) In a le~ter of 18 Janu~ry 1940, Reichs- 9i.~~'"n 'B,.....-.."r·n~'.., , '"':.,.... t"~-'., T""l

.t" ,I

.' ~. ·lOO-PS. Bormann's letter to ~osenberg, dated 18 January 1940, urg1ng replacement of Christian literature by Nazi litera ture for use of troops. (5) In a circular letter, dated 17 June 1938, directed to all Reichsleiter and Gauleiter, Reichs- leiter Bormann distributed a copy of rules, prepared by Reichsleiter Hierl, relating to participation of the Reich Labor Service in religious celebrations. These rules provide in part 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 i p decisive that he first of all feels himself a German. Every religious practice is forbidden.in the Reich Labor Service because it disturbs the comrade-like harmony of all wo~king men and women. On this basis, every participation of the Reich Labor Service in churchly, that is religious, arrangements and celebrations is not possible." l07-PS. Circular letter, dated 17 June 1938, from Reichsleiter Bormann directed to all Reich and Gau leaders, relating to non-participation of Reich Labor Service in religious celebrations. (6) The authoritative Organization Book of the Nazi Party lays it ,down \vith respect to the missions of the SS man as follows: "He openly and unrelentingly fights the most dangerous enemies of the State: Jews, Free Masons, Jesuits, and political clergymen. I? 1855-PS. Organisationsbuch der NSDAP, p. 418. (7) Reichsleiter Rosenberg professed, in his book, liThe Myth of the Tvventieth Century," that the Nazis preferred the concept of National Honor to the con cepts of Christian Love: liThe idea of honor - national honor - is for us the beginning and end of our entire thinking and doing. It does not admit of any equal-valued center of force alongside of it, no matter of what kind, neither Christian Love j nor the Free Masonic j hUIlanity nor the Rora.an philosophy. II 2349-PS. IlThe Myth of the Tvvelltieth Century, II Ro senberg, p. 514. b. The Leadership Corps ot the Nazi Party Participated in the Systematic Persecu tion of Priests, Cl~rgy, and Members of Religious Orders. (1) On the 22nd and 23rd of September 1941, a conference of Church Specialists attached to the Stapostellen Was held in the lecture hall of the RSHA in Berlin, with 141 Specialists participating. The conference considered and dealt with such matters as the latest developments in the Church political situation; security Police measures for combating the political Church and sects; intelligence tasks in connection with the struggle against political Catholicism; and so-,called "Vatican VJorld-Poli tics. 11 The official documents, taken from the file of the Gestapo regional office in Aachen, reporting the above conference, state that one of the most important points agrosd upon was to insure

" ..•that the Church does not win back any lost ground. ~!8 must S88 to it that we retain any position won. it

SS-Stub. Hartl, doputizing for the absent Hey- drich, declared to the conference that: liThe greatc:.st importance is to be attached to Church political activity. Any material that is of the slightest significance, or could be come of significance, is to be carefully ex amined. .On the Fuehrer's instructions yD.oto stats are to be made of all d6cuments seized••• " The SS lecturer closed his address ~ith the following words:

"Each one of you must go to work v~i th your v'Ihole heart and a true fanaticism•.. The main thing is that the enemy should be constantly tackled with dete~mination, Will, and effective initiative." At the 26th of Septembor sGssion of the above conference, dealing with S6curityPolice measur0S for combatting .. Church politics and sects, it was pointed out that it was impractical to deal with political offenses of the clergy under normal legal procedure: 110'hing to the lack of political perception which still prevails among the legal authorities, sus pension of this procedure must be reckoned with. The so-called tagitator prieststmust therefore be dealt with in the future by Stapo measures) and, if the occasion arises, be removed to a concentration camp, if agr~ed upon by the RSHA." The conference agreed that executive measures against the clergy should be determined according to conditions, the status of the accused clergymen, and the seriousness of the case; and punitive measures, depending on the circumstances, were to include the following: warning, fine, prohibition to preach, prohibition to re main in parish, prohibition of all activity as' a priest, short-term arrest, and protective custody. A conference speaker summarized the objectives of the Gestapo and Security Police with respect to combatting the Church as follows:

llTi~G immediate aim: the Church must not regain one inch of the ground it has lost. The ultimate aim: destruction of the confessional Churches to be brought about by the collection of all material obtained through Nachrichtendienst (Iutelligence Service in the Church Political S~11:.:;re) v,i:icl;' will, at a given time, be produced as evidence for the charge df treasonable acti vities during the German fight for existence. 1t l8l5-PS. Gestapo file on espionage and other measures against the Church and the clergy, etc. \ (2) Party regulation, issued by Reichs leiter Bormann, dated 14 July 1939, refers to an earlier order in which he decreed that the admission of members of the clergy into the Party was to be avoided. Bormann then refers with approval to a regulation of the Reich

Treasurer of the NSDAP, dated 10 l\;Ia~' 1939, laying it down that: ItClergymen, as well as other fellow Germans who ~re also closely connected with the Church, can not be admitted into the Party." Bormann then ruled that

"In the future, Party members v~ho enter the clery or who turn to the study of Theology have to leave the Party.1I

840-PS. NSDp~ directive, dated 14 July 1939, excluding clergy and Theology students ~rom t~e Nazi Party. (3) The qestapo office in Berlin wired its Nuernberg office on 24 J,uly 1938 a teletyped account

received from the Stuttgart office of d~sorderly conduct

and vandalism comm~tted by Nazi Party members against

, \' ' , Bishop Sproll of ~q~tenburg: •. ~ J' , • fllThf? Part;y:' on 23 July 1939: from 2.}.00 on carried out, tl1e ,,,third demo,nst+at~o.p. /;igainst Bishop Sp;roll. Participants, ~9out: ~500-3000, ~Jere brought in f.roDl outsi,de' '1:!~~ bU~" etq. ':, Th9 Rottenburg P9PU,,,;, lace:' ag'aHl"dfd ~lnQt ::'parti6f.pajje ip the' demo,;lstr~~ tion. This ,town took rath?r hostile attitude ,toward the demonstrations.. The' action got com plet~ly o~t of hand of the Party m~mber respon Slble.ior'it. The 'demonstrators stormed the palace, beat in the gates and doors. About 150 to 200 people forqed thei~ way irito the palace, search~d the rooms, threw :files out of the windows and rummaged through the beds in the rooms of the palace. Ono bad was ignited••• The Bishop was with Archbishop Groeber of':freiburg ~nd the ladies and: gentlemen of his menage in the chapGl at prayer. About $5 to 30 people pre$sed into this chapel and molested "9hose presGnt. Bishop, Groebbr was taken for Bisho~' Sprqll. HG'was grabbTd by the robe and' dragged' back and forth••• II Underling suppli.ecr}, , ' Tho Gestapo offici~l in Stuttgart addGd that Bishop, Groeber desired "to turn to the Fuehrer a.q.d Reich Minister of thE; Interior, Dr. Frick" anmv, II and he concludes that he ~ill forward a "full report of the

~amonstration after

Ilsuppressing counter mass."moe tings. 11 ". . ~48-PS. Gestapo telegrams, dated 24 July 1938, B~rlin to Nuernbe~g, dBaling with demon~ s~rations and trespassas against Bishop Sproll in Rottenbu+g. (4) On 23 July 1938, the Reich blinister

for Chur?h Affa~r$, K~rrl, sent a:l~tt~r to the ~linister

ef State and 9hief of th~ Eraesi4i~ Chancellery, Berlin, . ) . , stating that Bishop Sproll had angere4 'the popUlation by abstaining fro~ +~~ ~~~u~scite of 10 April. Kerrl stated

.,.U/:lli the Gauleiter and Governor of -i'.uerttemberg had that Bishop Sproll

!l ••• in the interest of preserving the state's authority and in the interest of quiet and order could no longer remain in office. 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 to Rotten Q£rg he would see to it that all personal and official intercourse with him on the part of State offices as well as Part offices and the Armed Forces would be denied. 1I Underling supplied) Kerrl further states in the above 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. Korrl concludes buT stating that should the effort to procure the Bishop's resignation prove unsuccessful

Ii ••• the Bishop vvould have to be exiled from the land or there would have to be a complete boycott of the Bishop by the authorities••• " 849-PS. Letter from Reich Minister Kerrl to Minister of State, ~ith enclosures, dated 24 July 1938, relating to per secution of Bishop Sproll. (5) A secret letter, dated 21 April 1942, from the SS to the commandants of concentration camps stated that lIThe Re:Lchsfuehrer SS and Chief of the German Police has ordered that the Polish and Lithu anian priests are to work fully, i.e., may be summoned for all work. The German, Dutch, Norwegian clergymen, etc., are to be employed in future as previously only in'the medicinal herb gardens. 1I l164-PS. Secret letter, dated 21 April 1942, from SS to all concentration camp comnanders relating to forced labor of clergymen confined in camps.

c. The Leadership Corps of the Nazi Part~ Participated in the Confiscation of CblLlrch--and Religious Propertl' - 52 -

(1) Reichsleiter Bormann sent a letter, dated 19 April 1941, to Reichsleiter Rosenberg, Representa- tive of the Fuehrer for the supervision of the whole

ideological and political education of the NSD.~, ~qith respect to certain objections held by Heydrich to a pro posed draft decree of Rosenberg relating to "confiscation undertaken, or to be undertaken, in the Reich area of the property of ideological opponents ••• " Bormann advised Rosenberg that Heydrich insisted that "only the material which the Security Police no longer needs for its political

police task should be handed over to you••. 11 Bormann advises Rosenberg that "The Fuehrer emphasized that in the Balkans the use of your experts would not be necessary, since there was no art objects to be confis cated•.. The libraries and art objects of the monasteries, confiscated in the Reich, were to remain for the time being in these monasteries, in so far as the Gauleiters had not determined otherwise •.•After the war, careful examination of the stock could be undertaken•.• ll (Under lining supplied)

072-PS. Letter dated 19 ~pril 1941 from Bormann to Rosenberg, relating to seizure of Church and religicus proyerty. (2) The file of the Gestapo regional office in Aachen discloses that, in a speech made on 26 September 1941 at a conference in Berlin of the Church Specialists attached to the Gestapo regional offices, it was stated that

IIAbout 100 monasteries in the Reich have been dissolved..• Churches are to be seized•.• but, if possible, should .not be closed. As long as the confiscation is not absolute, any action which interferes With property, or causes any alteration to it should be avoided. 1l 1815-PS. Gestapo file on espionage and other measures against clergy.

(3) On 21 February 1940, the Chief of the Security Police and the SD, Heydrich, wrote a letter to the Reichsfuehrer SS and Chief of the German police, Him.m.ler, relating to the proposed expropriation of churches - 53 -

and monasteries for the "accommodation of racial Gerreans." After pointing out that, on political grounds, outright expropriatLon of religious property would not be feasible at the time, Heydrich suggested that iithe 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 Iess popubus monasteries ••• The fLlal expropriation of the se pro~erties thus placed at our disposal can then be carried out step by step in course of time. II On 5 April 1940, the Chief of the Security Police and of the Seourity Servioe SS sent a letter to the Reich Commissioner for the Consolidation of Germandom, enclosing a copy of the foregoing letter from Heydrich to Himmler of 21 February 1940, advising the Commissioner that the Reiohsfuehrer 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." In a letter dated 31 October 1940, Reichsfuehrer SS Himmler advised the Commissioner for the Four Year Plan that HIt is considered absolutely necessary and desirable from the viewpoint of the Security Police to seize also the property owned by the Catiolic and Protestant Churches in the incorporated areasll (of Poland). In a letter dated 30 July 1941, addressed to Reichs leiter of the SS by one of his SUbordinates, it is stated that ilAs soon as the Reich laws on expropriation had been introduced (in the incorporated Eastern countries), the Reich Governor and Gauleiter in the Wartheland adopted the practice of ex propriating 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." - 54 -

The writer adds that in the Wartheland all real estatQ owned by the Churches is being Il cl aimed by the local Gau

administration. ,I

In a letter dated 30 l':Iarcl;. 1942, the Chief of the Staff llliin Office submitted a report to Rimmler, Reichs- leiter SS, describing the facts of the policy of the SS in suspending all payments of rent to monasterieG and other Church institutions whose property had been exprGpri- ated. The letter discusses a preposal ~ade by the Reich r:inister of the Interior, in which the Party Chancery pro- minently participated, to the effect that the Church institutions Sllould be paid amounts corresponding tOo current .Olort- gage charges on the premises without realizing any profit. The writer further suggests that such payments should never be made directly to the ecclesiabtical institutions but rather should oe made to the creditors of such institutiollE. "Such an arrangement would be in line with the basic idea of the settlement·originally vvorked out betDeen the Party Chancery and the Reioh l.1inister of the Interior."

R-101. RSHA correspondence, dated bet~veen 5 April 1940 and 30 April 1942, relating to confiscation of Church property, fGur letters.

(d) The Leadership Corps of the Nazi Part~ Particioated in the Suppression of Religious Publications and Interferred ~ith Free Relig~ous Education. (1) In a letter dated 27 September 1940, Reichsleiter and Deputy of the Fuehrer Bormann transrutted to Reichsleiter Rosenberg a photostatic copy of a letter from Gauleiter Flori&n, dated 23 September 1940, v~hich discusses the Gauleiter's intense disapproval, on Nazi ideological grounds, of a religious pamphlet entitled "The Spirit and Soul of the Soldiers, ,I written by lVlajor General van Rabenau. The pamphlet ~n question was published in the publishing section of the NSDAP, Group I: Gerwan Uilitary iiIi.Zh t, published by the Party Press. Gauleiter Florian - 55 -

states that he entered into a conversation with Rabenau relating to the position of the churches, at the conclusion of a lecture delivered by Rabenau to a group of younger Army officers at Aachen. "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••• 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." As stated above, Reichsleiter Bormann transmitted a copy of the Gauleiter's letter to Rosenberg with the request that the latter "take action on it." 064-PS. Bormann's letter to Rosenberg, dated 27 September 1940, enclosing letter from Gauleiter Florian inveighing against the Church and recommending repression of a religious pamphlet. (2) In a letter dated 8 March 1940, Reichs leiter Bormann directed Reichsleiter Amann, Reichsleiter for the Press and Leader of the Party Publishing Company, to see to it that in the distribution of paper, restrictions are made against "confessional writing" in favor of

In the above letter Bormann advises Amann that the distri bution of paper to the some 3000 Protestant periodicals appearing in Germany was barred. - 56 -

089-~S. Letter from Bormann to Rosenberg, dated 8 March 1940, enclosing letter, same date, to Amann, instructing Amann not to issue furtLer supplies of newsprint to confessional publications. (3) In a letter, dated 17 January 1940, Reichsleiter Bormann informed Reichsleiter Rosenberg of his dissatisfaction concerning the fact that "The churches of both confessions are ad ministering spiritually to members of the Armed Forces. This administering finds its expression especially in the fact that soldiers are being sent religious pUblica tions 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 ~~ann, to restrict considerably the production and shipment of publications of this type. The· result of these efforts remains unsatis factory. 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 m~rket. If the influencing of the soldiers by the Church is to be effectively combatted, this will only be accomplished by producing many good publica tions 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 Offices down to Ortsgruppenleitern a list of additional publications of this sort which should be sent to our soldiers by the Orts ~ruppen••• \1 (Ur.derlining supplied) lOl-PS. Bormann's letter to Rosenberg, 17 Janu ary 1940, relating to the undesirability of religious literature in the Armed Forces. (4) In a letter, dated 24 January 1939, Reichsleiter Bormann transmitted to Reichsleiter Rosenberg a copy of a letter under the same date which Bormann had sent to the Reich Minister for Knowledge, Education, and - 57 - and Popular Enlightenment. In the enclosed letter, Bormann informs the minister of the Party position with respect to the restriction and reduction of theological faculties. Bormann states 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; and, in view of these developments, he requests Rosenberg to "Restrict the theological faculties in so far as they cannot be wholly suppressed•••

I re~uest 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. Com plaints and the like must be answered (if they are to be replied to) in the fashion tnat 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, Archeolo gical studies, etc. 1I

116-PS. Bor::1.ann' s letter to Rosenberg, enclosing copy of letter to the Reich Minister of Education, requesting restriction or elimination of theological faculties. (5) In a letter, dated 17 April 1939, Reichsleiter and Deputy of the Fuehrer Bormann transmitted I to Reichsleiter Rosenberg a copy of a plan suggested by the Reich 1linister for Science, Education, and Training, relating to the combining and closing of theological faculties. Bormann requested Rosenberg to take cognizance and prompt action with respect to the proposed reduction of the theological faculties. In sumIaary, the plan . "would include the complete closing of the theological faculties at Iiwsbruck, Salzburg, and ~unich, 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 vlinter s6nester 1939/1940; closing of one further Catholic and of three further evangelical faculties in the near future." - 58 -

122-PS. Bormann's letter to Rosenberg enclosing a copy of Rust's letter on Elininat~on of Tlleological Faculties in various Universities.

(6) By a decree, dated 20 January 1938, at Munich, the Gestapo ordered the dissolution of the Guild of the Virgin Mary and the Associations of Our Lady attached to it.

I'The property belonging to the dissolved Guild is to be confiscated by the police~ Not only is the property in question to be confiscated, but also any stock on hand and other objects of value. All further activity is forbidden the dissolved Guilds, particularly the founda tion of any organization intended as a successor or as a cover. H

The Gestapo assigned as the reason for the above

dissolution of the Guild the fact that it fre~uently liengaged in purely worldly affairs such as community games, and in the holding of 'social evenings.' This· proves incontestably that the Guild of the Virgin Eary was active to a very great degree in a manner unecclesiastical and therefore 'v,;orldly ••• \I

1481-PS. Gestapo decree, 21 January 1938, I,Iunich, dissolving and confiscating property of Catholic Young Women's organization in .~ Bavaria• - 59 -

2. RESPONsmu.rTY OF THE POLITICAL lEADERSHIP CC'·',PS OF T11E NSDAP FOR ']HE DE~TRUCTION OF TH:J: FIr~E T!lADE UiUONS AND THE I:-POSITION OF CONSPIlATO~IAI CO~~TR.Or. O',,'ER THE PRO DUCTIVE LABOn CAPACITY OF TIlE GEm;~; NATION.

Note: The evidence relating to the responsibility of the Nazi conspirators for the destruction of the Free Trade Unions is fully set forth elB ewhere in the Master Trial Brief. The following evidence is offered to prove and point up the responsibilitJr of the Political Leadership Corps and tre roombers thereof for the dissolution of the trade unions.

a. Soon after' their AssUJ:Ilption of I'm,er, Prominent Members of t re Political leadership Corps of the NSDAP participated in the Destruction of the In dependent Unions ..

(1) In J,Lid-April 1933, Hitler ordered Dr. :lobert ley, then Reichsleiter of the Party Organization, to t8ke over the trade unions.

2283-PS. Volkischer Beobachter, .Ii!unidl (:louthern Gennc.n) Edit::,on, Speech of Ley, p. 11.

On the 5th day of the Party Congress at Nurnberg,

13 September 1936, Reich Orgo.nization leader, Dr. r.ey, stated as follows with respect to the action taken on 2 !ay 1933 to dissolve the Free Trade Unions:

liMy Fuehrer1

:"!hen you, my Fuehrer, ordered me in mid-April 1933 to tcl

1. §.y tasks as Organizationc:',l reader of the Pnrty md as the I.eader of the Gennan Labor Front were 0. completely homogeneous task, in other words, in every thing I did I acted as Reich Organization leader of the HSDAP.

2. The Gerrn?{l Labor Front was an institution of the Party and W3.S led by it. 3. The C-ennan Labor Front had to be organized regionally nnd professione.1ly accordi11£j to the sane principles as the Party.

That is V'hy trade union ani employer associa tions had to be smashed unrelentingly, and the basis of construction was formed, as in too Party, by the cell and the loc8.l section (ortsgruppe)...... National Socialism hc.s conc;uered thE; factories. Factory troops (DiE; l:Jerksch.1.r) are the National Socialist shock troops within the: factory, and the ir motto is:

THE FUElffiER IS ALV1AYS RIGHTIl

2283-PS. Voelkischer Beobc:.chter, Munich (Southern German) Edition, Sp~ech of Ley, p. 11.

Reichsleiter ley issued a Party dire ctive on 21 April 1933 outlining a "coordination action" scheduled for 2 May 1933 against the General German Trade Union Federation (ADGB)

and the General Independent Employee Federation.

392-PS. The Social I.ife of Nev! Germony wi. th SpGcinl Consideration of the Germc:m Labor !"ront, by Prof. ;;illy Muller (B<:;rlin 1938), NJDAP Circulc.r, pp. 51-52.

The Party directive ordered that SA and S8 were to be used in occupying the union offices C'.nd for taking into I protective custody the higher union 10aders.

Thb order of seizure and dissolution was carried out as pl.:'nned and ordered. Tmde union premises allover Ger- many were occupied by tho SA and the uniom dissolved. On 2 1.~ay 1933, the official NSDAP ~r,_ss service reported th:,t the National Socialist Factory Cells Organization (NSBO) had "eliminated the old leadership" of "Free Trade Unions ll and taken over their lee.dership.

2224-PS. National Socialist Party Press Service release, 2 May 193 3, p. 1.

On 3 May 1933, the NSDAP Pross Service announced that the Central League of Christian .Tr:'.de Unions .'nd several smaller unions "have unconditionally subordinated tmmselvGs to the 1, 0dership of Adolf Hitler." The release added thc.t Dr. l,ey, the: Leader of the Action Conunittee for tre Protection of Germm L~bor, had decl.:'..red his intention, now' that "these aasa cintions he. vo unconditiork~lly and without re s tlrvation submitted to the

N3DAP, to drc.ft tffi positivG and expert forces from these organi- zE!.tions for coopvration." (underlir..ing supplied)

2225-PS. National Socit'.list P2.rty Press Service, release 3 }.iny 1933.

The execution of the

Rvichsh:iter Ley to the GCIlllci ttlr. Ley's order of 2l !,pril 1933 st::lted, in pertinent p..:'.rt, as follows:

"On TUE;sdfly, MClY 2, 1933, the political coordination of th8 Free Trnde Unions beglns •••The essential p.:'..rt of tho action is to 00 directed C'.gcinst the Gcrmc..l1 Trt'.de Uni.on Fed0ration .:'.nd the Gero ral Independent Bnployecs' Confederation. Anything bt-'Yond the.t which is dependent upon the Free Trn.de Union is left to thE;; d iscrotion of the G~uleitor I s judgment ••• The Gauleiter t'.re responsible for tre execution of till pol itical coordination action in the individual ar(jus. supporters of tm action should be members of the Ndion<:l Soci;-~list FClcto ry Cell Organization •••The Gn.ulei ter is to proceed with his 100 nsures on a bt'.sis of the closest undorst~ding with competent regiont'.l factory cells diroctors ("Gnudetriebszellen leiter"), • ,Exce~)tions (from order to t..'1.ke tr~de union officinls into protective custody) are granted only "lith the omission of the Gauleiter•••• The newly installed commissars officials of the Nazi Fa.ctory Org.:'nization) will be nomint'.ted by the G:>.uleiter••••The G.:'.uleiter••••are to hold the direc tion of the action firmly in hond." (underlining supplied)

392-PS. The Soci~l life of New GennQny 'd.th Sepeial Consideration of the German ~bor Front, by Prof, ',lilly Mueller (Berlin, 1938), NSDAP Circula~, pp. 51-52~

(2) By a law of 19 May 1933, signed by Hitler o.nd other Party le[tders, collective b:-.rgc.ining between wo rkers c.nd I emplOyers wr..s :iliolished ;:'11d repl.t':1.ced by a regulation of vorking

conditions by J.Jabor Trustees, cppointed by Hitler4

405-PS. Law concerning Trustees of Labor of 19 May 1933, 1933 RGBl, I, 285~

(3) / The action ngt'.inst the t rr..de unions included confisc...tion of their funds and property.

Reichsleitcr ley's circular ordering seizure of

the unions on 2 May 1933 directed the SA nnd SS to occupy the branches and paying offices of the Bunk for ~':orkers, Employees,

am Officials, nnd further ordered the freezing and ,blockire .of

all union funds until relense by authorization of the l,,$DAP-

l1ppointed commissars.

392-PS. The Social life of New Germ:my vn.th Special Consideration of the GGrm::m Tcbor Front, by Prof. :';illy Mueller, (Burlin, 1938), NSDAP CircuL~r, pp. 51-52.

In Qn address to th\:l 1937 Party Congross, which

he nlc'\de o.s Rt:ichsleiter of the Party Organization, referring to

the s eizur0 of union funds, Ley stt.. tC.!d:

110nce I said to th3 Fuehrer: 'My FUEJhrer, nctuclly I run standing with oni.; foot in jail, for todry I am still tho trustee of the comrades' l'I:eipBlrt 11 nnd llImbusch,l1 :md should they some dey ask me to rGturn their money, th..:n it will he found th.,t I ht'.v6 sper.t it, oith_r by building things, or othurwise. But tn,ey shall never again fini thdr property in the condition in which they h"nded it over to me. Therefore, I would hp.v(; to be con victed. '

The Fuehrer l.:'.ughed then'nd rcm:rkod thnt .:tpparently I felt extrblIlely well in this condition.

It vms very difficult for us all. Tocl'\Y we laugh about it••••• "

1678-PS. Documents of Gt;rmm Politics, published by the Director of th::' Officinl High School for Politics, Vol. V, p. 373.

(4) In thE:; drive to dissolve the FI'(:e Trr..de Unions,

union leaders were porsecuted.

Reichsleiter ley's order for the seizure of the

trado unions directbd that:

11Th.::. following nre to be tC'lcen into protGctive custody:

All Trade Union Chairmen; The District Secretaries and the Branch Dircctors of tru 'BC'nk for ~·!o.rkers, Enplo;yees rnd Officials, Inc. '"

392-PS. Ibid., pp. 51-52.

For proof of publication by the DAF (Gt-rmrn

Labor Front) of P. "List of out laws 11, including f'.etive union leaders,

who WON to be denied employment, see the sE::ction of the Tri:- 1

Brief dealing ,'11. th the destruction of the Free Trnde Unions <'.s ~

meC'.ns of furtrering the Conspiracy. - 63 -

For proof of mistreo.tmcnt of '..mion 1 ,c' deI's, r2l1ging'from nssCLult to murder, cy the Ec.zi conspirc.',tors, see the section of thE: Tric.l £rief dec.1ing rith th~ destruction of the Free Tro.de Unions in further:'.nce of t~ Conspiro.cy.

b. The Nc.zi Conspirators Imposed the 1.':';",' ership prin ci,11e upon ""he Industri:'.l System.

doctrine of Nc.tionc::l :.)ocin.lism c.nd c. b

politicnl L0<'.de rship CO!f.ls.

1814-PS. OrL,,',,.-.ization Book of the ~:.sDAP, Editions of 1936, 1938, and 1940, pp. 86-88.

(2) A 1,;.1' of 20 J.:::nuary 1934 imposed the leadership

Principlo upon industrial (;nterprises nnd provided tha t the entcr- priseI' should be the le<'.der of the p::'nnt p.nd tho vK>rkers should

"constitute his followers." This hw further provided that the

1l1(;['.der of th: plnnt m"'.lws the decisions for the employees and

1nborers in cll mo.tters concerning the enterprise••• "

l861-PS. L::-',' RuC,l, ting ~atioml I.,~;Jor, 1934 J.GB1, I, ~5.

c. The j'llzi :'olitic::1 T :':;:',der~ :~o·)k cod U"c JndcDundent Unions b;' ;: !I , ffili;J.tlJd ""art~,r ('r;':' i L:rJtionz. thC'- German J,abor ?ront (!).",fo');

Unions," 2 "n~r 1933, t]lC~' p\J;;licl~r anr:cOllnCec. t h~'.t u. I!tmitcd front

a,t a ,or..erlJ' Con:.rcss on 10 -,tJ.~r 1933.

2224-PS. : ntional 30ci<,~i:.;t ?c:,rty .'rc~s ,~crvice release, 2 ~.c1.j' 1933, pp. 1-2.

(2) On 10 .lay 1933 Hitler appointed the J.t:ich I,eader

of the Party Organization, Dr. Ley, as Leader of tre Gennan tabor

Front (DAF). By the same edic~, Hitler appointed Gauleiter Forster,

Danzig, as Leader of the Employees' Associations, and Leader of the razi Factory Cell Organization (NSBO), Sch~~ann, as leader

of the ~lorkGrs I /\ssociations.

1940-PS. Edict of Hitler, published in Volkischer Reobachter, southern German Edition, Issue 136, 11 Lay 1933. - 64 -

(3) The German I.abor Front was m:~de an affiliated

organization of the NSDAP; it was subjected to the Leadership

Principle; and Reichsleiter Ley concurrently held the ?ositions

of ~eich Organization Leader (Reichsorganisationsleiter) and

Leader of the German labor Front.

1914-PS. Organization Book of the ~:.JDAP, Editions of 1936, 1939, 1940, ~p~ 86-gg.

(4) The National Jocialis t Factory Cells OrgarJ.zation

(Nationalsozialische Betriebszellen-Organisation, NSBO) contained

the Political r.eaders (Politischeleiter) of the lJSDAP in the

German Labor Front.

2271-PS. Org~lization Book of the NSDAP, 1936 Edition, p. 185.

(5) The Nazi Political Leaders used the German

labor Front to indoctrinate the German workers with Nazi ideology,

to suppress democratic trade-unionism, and to insure control of

the productivity of German labor.

The D.'\.F was charged wi th the ideological training

of tre masses of Gennan factory vo rkers. Its leaders were entrusted

wi-t;.h the task of eliminating opposition to the :?arty from the ranks

of the workers. The D.\F was the reans by which the Party collected

intelligence on labor matters from the factories and had its labor

policies carried out.

2336-PS. Special Circular, Organization Office German Labor Front, 27 June 1933.

(6) The German tabor Front took over the leadership

of the Germm1 cooperatives with a view fo their liquidation.

On the occasion of this action, Reichsleiter Ley

stated:

H •••the Gennan Labor Front has tada;y talcen over the leadership of the cooperatives••• The action in itse~ is a "winding-up action, whi ch means that thei r further extension will not be tolerated•.•Offices of the l:':;~!~P are requested to shed t hei r hostile attitude towards cooperatives•••The two great Reich leagues of coopera tives will become•••merged into one 'leich Teague ••• as a metter of principle there will be no more voting in any organization, but the le ader, Party ~.~ember Mueller, is appointed by me and he is authorized to appoint additional leaders ••• ,,( underlining supplied)

2270-PS. National Socialist Press Service release, 16 Hay ""1933. - 65 -

(7) The Nazi leaders established "Plant Troopsll within the IIstrength Through Joy" branch of the German labor Front as an

lIideological shock squad" "iithin the factory. The official mission of these "Factory Troopsll was lito per:neate the factories with

National Socialist ideology and philosoph:>r••. II

l817-P3. Organization Book of the N~DAP, p. 211.

(8) The SA was charged, pt~suant to an agreement between Ley and I,utze (both J.cichsleiter and high officials of the :.eadership Corps of the nSDAP), with the promotion and

strengthening "by all l1leans" of the Factory Troops.

22.30-PS. Organization Book of the NSDAP, 1938 Edition, 1 greeI:lent between Reichsleiter Ley and !_utze, Chief of Staff of the S~, pp. 484-486c.

(9) The working arrangffi10nts for the appointment of

SA men as leaders of the Factory Troops, reached in the foregoing agreement between I.ey and lutze, was based upon the hierarchical organization of the leadership Corps of the N.?D.'\.P, i.e., Gau, Kreis"

etc.

2230-PS. Ibid., pp. 484-486c.

(10) In the course of the "~Jar, the German Labor Front was made exclusively responsible for the care of all foreign labor employed within the Heich. This arrangement Vias based upon an agreement between Ley and Sauckel, both high officials in the leadership Corps of the NSDAP, Reichsleiter and Gauleiter, res- pectively. The terms of the agrl;;:ement were dire cted, inter alia, to the presidents of the Gau employment of fices.

19l3-PS. A~.. reement between Sauckel and l.ey, 1943 RGB1, I, p. 588.

(11) Little moru th an two y ...ars after seizing and

dissolving the Fr~e Trade Unions, th8 Nazi leaders se~lred the

enactment of a compulsory :abor Sorvice Law.

l389-PS. la~ Cr0ating R~ich labor 3Grvice of 26 June 1935, 1935 RGB1, I, 769. - 66- -

The above law, making labor sGrvice (Reich- arboitsdienst- :lAD) compulsory for all 11 Aryans 11 , was adminis- tuNd under the jurisdiction of tY1(:;: ;.:inistr'\r of thE: Interior, by Ruichsh:iter Yonstantin Bierl, a m;;mber of W0 RE::ich Direc- torate of th0 I,eadGrship Corps of t he F'::':J!~P.

1389-ps. J,aw creating Reich I,e-bor Service of 26 .June 1935, 1935 :lGB1, I, 769.

2473-PS. National Socialist y ...~ar Book, 1943, p. 170.

(12) In a proclamati on to wod'::8rs within a fow days

of the launching of 'war against poland, ].t;ichslGitur Vsy di. s-

closl;d tho proparations and mobilization for 'War previously made

by the Nazis:

" •••we National Socialists ha vo mobiliz ed all resources and all our onorgic..s during the past seven years, so as to be equippt.:d for the supreme; effort of battle. l,'le do not throw outselv3s into advt::nturcs, and we arc not so unscrupulous as to lGave anything to accid8nt."

1939-PS. Forge of the ;'3word, published by the NSDAP Publishing P'OUS0 ,,'ith an introduction by Marshall Goering, speech by I.oy, pp. 14-17. - 67 -

", ~ •. ~r.~'~S!-qn;!TV (''l' r·~A"'l'\""'~-.1!? 'CO~PS OF \TAZT :PA~TY -r0'Q Tp·'T"I'l.AT A~"'Tvr"'T~R O!" lI'111T'lITSA"'ZST~";:l 1iN)'t

a. 'li'ormation. Ob jec..t.i-ves. ~nc1. 'PQ1ITP,rs of the 41inM.tzstl'Jb 'RoMnbpre.

orc1.erine l.lAichs1ei t~r 'OoMnbpre to conttnl1A "r"mpr~.ti rms, ~lrMdy

, 36-'P~. ~p."Hfi p.n. ~o~r of 'Q'i tlp!' (')rtiflr, (lp.tAcl. ?q ·r anU~.r'T 1q 1(') •

TM s order CAn P,C l1l)on .1'111 secti ons of the 'Party pnd

n"'he ''Q'ohe C:;c'l,ule' tl'l sUl)nosp.o. to becomA th~ CAnter ~or ~:TPt10M.J C:;ocil'l.HAtic id.AoloP.icp 1 pno ecl.uCAtionl'll rAMarch. Tt l.rill b~ r.>Atpb1.1.l'lhP.d. ~.~ter thp conclusion o~ thp ',rp..!,. T o,.n~r t~:>t tho p.lr(1Po.v in: t1.atAd l)'T'pT'l"'rpt i ons 'bp conti T'l.up.cl. 'b~r "f.'!j ~~slpl tAr AJ.~red 'Oos~T'lbf'lre, ps,.,pci~11~r in tlip W".~! of ,.eSA"'r~h "'nc. thp Rp.ttine un of th~ 1ibrprv.

IlA.1J. sAct1.ons of t~" 'Oa.rt~r pnn <::t':ltf'l Fl.rE'! r~:1u~Atp,d to COO1)P"13.+'8 ',r~ th him in thi. R tl'l.sk".

136-'P~. ~p.rtiftpc1- 1"l01)V of' TJ'i tlf.'r OrO.p.r, o.ft3tAcl ?q JAnu",rv 19L'.().

1<11-PS • ~p,rti f'i "lei. f'o,.,y of' l!of'ri.nP.' (')rc Ar, ~.Atp.d e; 'lITo,rpmbl'lr 19<1.(').

"J01ITS, ,;Ir"'!" HRAons A.nr'l tho AI' oT.ll)onpnt s of 'l.T"i t i Ol'll'll. !=>oci.p1.ism ",lio ~r'" R.f'f'il i.l'l.tAd. ',ri th th~m on thl"\ bl'lst 8 of' '·,T" 1 t':l.nAchF"u.un~' ~l''' thr> ~1t th.ors of' th", "'''('1 ~nnt ,"rqr a.£l'l.inAt tht" '00.i.ch. fT''hi'' l'l~rRt"JTU>ti C sT'li.r1 tUl"l bA.tt1.n fl.~l'linst t~(>f1"> +'O"CP.A i.8 l" !"!1.'.~ tflr,r nt"1C('\ARi t,r.

liT h~.,rl'\ th",,.,,+'orl'> (li,.pctf>n 'O"'i.c"'Rlnit"'r -\1frp o. 'Qospnbf.'r~ to Cl'l."r,r out tli1.A t~.flk i.n ~l?rA(>mf'Tlt ,.r1.t,h thp ~"-i",f of thp ·ITAh"Tl1l'lc~t 'Q'i.eh ~oT'lm"lnn. 'Q'~ fI st"f'f - 68 -

for thp OCCUT)~ P.d. tp.rritar1 P.!,! is .<1utho:ri ",p.d. to M~.rch librl'lriP.!'l. 'l:rchiv(ls. 1f)~.el's ~n(l ath;r "ITp' tq.n!'lch~uunel tf.lflkfl of th~ lITC:1'I\."P. and for futurp Flci.qntific rAsp.r:trch 1:ly thp. ''q'oh", C:;chul~'.. 'l"'I11'> S"'T'l1" rN!:'U' <\tion "l."01j1iP.s to cult",r",l trr>l:l.f1url'g '...hich l:l"P thp TlrnT)r>rty or in thp. nO!'lsAs!'lion !)f .JA'.,rfl. '>fliich rl:v ~f\t"'1:l1ifl'l1p(l... ~~.r~ctions for cA.rryinl': out this ornF.lr in coo"'r'r~.tion ~,rith thp. 'qahrmAcht 'otill bA iSS~A~. by thA ~;'dAf of thA '.,rp.hrT'l~cht :q~ ~h "omT'!l~nd. in ~erAP1l'lP"'\t "'i th l:1ptchs1 "li tp.r "0 sP.noere:.

"Thp. nAcess"'r,r l'1(.>J'!.surf'l!'1 ,,,t t'l-:tin thA ""'... stprn 'l'lA:t:'r"'. torip.s uncl.f)r n.p,r1l'lA.n r:tdT'1inistr!:' M. on ',Iill "be t~kAn by 'Pp~ chs l~itAr 'PospnbAre in hifl cAT)~city Of l:1 p 1chsminister for OCCuniA':l ~~.stern TArritoriAR".

to lHH'lrch for "'.nr'l Ap.i '7.'" "'rchivAI A.nr1 cultnrA1. nronerty Oy virtul" of

of the 1IrST\AT;:l.

15.:1.-P~. "l'hoto!'!tptic l"1o"l")y of "q'i t'Ar O,.r'I.er. nl'!tp.d. l) Jul.v 19.:1?. !:.lOlmmP.,..s' flie:nJ'lturp..

Autho:ri7.ed:

"to rfJClu.P.st thp comnAtent '4phrmacht l'Infl "')ol1.cl1 SFlrvi CAS to SA; ~.P. thA matE'.ri~l founr' 1.n oro.Ar to ffilT)T)Ort thA 'l\TS~A"O in f'llfillmf)nt of its sT)i.r i tuAl tl'l.sks ••• 11

0 •. SeOT)A of Activiti.flS.

(i<1vicl.Ance re1"'tine: to thn Rcon~ of thp !'lctivi ti (>8 - 69 -

8XAClltion of thp or0.Ar.

1:;7-'PS. t"lprtif~Ac1 r;1')~y of !(pttpl Orc'1,Ar, dA.tAd 5.Tu'Y 19t1.('I.

~~rt, ~s ~ollowR:

Il~p o,otnp.rsh1"T) st!'l.tus np-for p thp ~.r in To'r"'ncp., ~r1ol' to th" ti.Ac1..!'Irlitton of 1>1<>J" on , C;f"'"T)tA1'1bel' 19:;9, s~'_1.. bp thp critpl'ion.

"O'.mel'shi'O tr~ns-fpr~ to thr> 'l:'J"Anch c:;t~.tn OJ" sim1..1!'1.r trl'!ns~pl's cl")m~1AtAd ",-ftAJ" t"'lis c'1.l'\tP. l:lJ"/'> trl'AIAv!'l.nt ~n~ l(>e~llv i.n,r",'tCl (-for AX"lm"llp., 't>olish '1nti ~Jov"lk libr~J"ip.s i.n P:"lri.s, ~OSBeRs40ns o~ thp 't>!'ll~is 't?othsnhi.J.-::'l. or othl"r otm,prlAss Jp,,,,i.l'I'h 'OOSsAsstonR). 'RAserv~.t1..ons J"p.e"'rd~ ne sp'qrch. se17,UJ"A "'nr. tr:"lns 'Oort."t1.on to I'lprm!'lny on thA b:"l.s; R o~ thp "'bOVA rppsonR '.,r\.11 not bp l'ecoeni3'f!d.

ll'Rptchslp1.tAr 'Oosf'n'l)erp. "'-ni)!oJ" "'11'1 i)P-rnlty ?('; chs h9.u'Otstol1I'm18i tel' 'mbAJ"t hl:l.s rAcp1.,rnd clA!'lJ" tn structionfl from the 'll'n"hrAr ~p.T!'lonl'\.1.1,r eo,rf1rn1.ne tho 1'1 eht O~ Mt 7.UrA; hp. iSAnti t} p.i). to trl'tns'Oort to f'l11T!'1

"rt is rf'nu('fltpd th"'t thp I'IAJ"V1.CAS tn qUPRtion bA in~oJ"1'1f'~ cOJ"J""s'T')onti ine":v". 071-PS. "O.?. COTlV of ~osAnberl! letter to "Bormf:l.nn, 18 JUnfl 19M.

~hA pbove lAtter nlso strAsses the

"••• c10 s~ co0"0 p,r"t.i. on on t) '~i. 0P. S c!:! 1- A \o1i. th the S1) ~.ncl. thf-l mil~.t"'ry corn]'llan~.ers ••• this ",.ff'llr (onpr ~.tiona in SQlrmik"'.) h",e QlrA"'<1V bMn p''I1'ecutAcl on our side with th", ~1) 'in most lovA.1 fpshion".

()qn-pc;. I,AttAr 'f?() sp.nbf'lreo to c;C'l1'.r,,'T':r. n."tp.~. ?~ JAnUAry 19t ·l. CO'1v in~t'i..q.1N'1. "~ch."

1A5-P~. l'hotORtr:1tic CO'1', of orCAr fron 'Posenbnre. ~ot'\fln'\:)Arl!1 S. 8i~nA.turA. ~!>tp~. ?o AllP.'llst I'M1.

(Ii) ~o'lA.bor"!ti.on of "'-o~!1'T~ wi.th !lleeoql Activl ti.es of thA 1

(",.) On.1:) 1-TClvemoer 19<1.0, l1t')pr i neo 1. asuP-d 8.n order snecifyi ne thA d~. stribut1.on to OA mq(l.o of "lrt OO.jActS o Toue'l1t' to the

Louvre. ThA order ~es:l.en.<1tes. "l.S secon~ in orelAr 0" "Oriorit~ in rlis-

lL'·l-PC;. "lflrt'l.f'ipcl "'onv o.f' (!op.rineo ()rdAr, ~9tpCl. f'i -..TovAJnOer 19.:1() •

"to eiVfl ::111 Tlossiblp aun'1ort ~nrl <>Ss'istA.nco to thA '1""; pf o.f' <:;t:'l.ff' of' 'Pdc"L~' pi ttlr "osAv'b p.r"!';:t S+,pf+', 'Rpichsh?untetl"l11pn1.pitp.r PI=!.rtv tiomrs:ldo TTt'ik~J., l'tnd his d.p.Tllltv T\~Jf' "Il'p1 rlfUp.'I1rAr "I'prtv ~O]'llrA0.e ,ron "tlAhr . in thf"l c'li sch",rt!'1' of thAi r (lUt1r>R. Thr-> aOOVA-m0.:r..t'1onfld "Oprsons Arfl rr->rlUl'!S tP.c'! to 'T'ATlOrt to mA on tht'd. r work. 'r.)prti.cu1J:lr1v on "'n,r (li.f'f'icm'ti",l'I th~.t mie'r1.t ~r~f','"'.lt (iTn(l.~r1.inine s\1T)TlHt"~.) '\.df'lolol!V ~.s 8. T)rimttrv tt'l.sk Of' "'T."t~or."'.l soc'\.t'I.1ism J'l.n.i'l '''~lcom('s thp.

1·-·f ·-PS. 't)hot()~t~M.c ~onv Of' I'l.I'H'\r~-n.~ Ord.A". i'ltltl'\cl 1 ~K~:V 19f ·1. l'J.oAI'1.n/!'s si~n$'l.turA~

" ••• r kn!'),., thp. t~flk oT t'h.f' T,'~ns"'t7.st~b vPry well I'\nCl. must "tss"rt thpt thp.rA is no !'I/!p.nc,r to '.'1hi.c'h T !'l.m "tble to OXT>rr->ss such unrl'>str1.ctt'1i'l. T)r~'\. sf' ••• On t'hP. othAr hJllnn, T "'1.RO aU1')T)ort T)f'''!'lonJll.l1v tl"t> '.,or'k of vour 'Il'I~nFl~t! st~.b '.rhAnnvnr I c'""n (1.() SO ~n~. A. P-:I'1"J'lt n!'l.rt of th(! Sl')i zed cu1t11r$'l1 /!oon.s CJll.n be RCCOuntA~. fOr 1)cc~use I was ~l.b1e to R.ssi at thA "'1ins~.tzstJ'lb by my or/!~ni z"ltions. 1t

1015-i-FS. Photostpt1c co~ of lettAr of Goertn~ to Ros~nbp.r/!, 21 ~ovp.mbpr 19AO, .~o~r~n/!ls s '\./!n~. turP. •

d. ~'ethoc1. of Onp.r~.tion.

~or evidence rnlJlltin~ to methods of onerl'\tion of

thp. ~inS1'1.tzst·l'\b, see secHom of thp. HasteI' Tri ~1. 'ljrief el.e",.lin.g ,.rHh resT)ons-tbi H tv of thA.t or/!J'lni zat1..on for snol-tat-ton Jll.nel. lootin/! of

-prot)f~rtv in af'rm~n-occupieel. territories.·

e. lite.turp.. 'llbi:tent smel. VlOl.lue of Pronp,rtv Se~ zed.

"For evidence rE"1p..tin.e.- to 1>bove m~.ttp.rs, SAP. sect1.on

in connf'lction trl th the s-noli""tion !'Inn lootine of nronp.rty in r,.prml'ln- o~cuni cd R.re~.s.

Thp. d()cump.nt~tton sUT)nortin/! thp refp.rence sect-ton

A. s~ ne1.p. ; nstt'lnce of thp. rAfp,rnnce ev~ c'lence w1.11 be with rAfernnce to thn v~lua of nronnrtiAs sa1zea tn ?r~ncA ~lon~l

"•• •thr> VR.1UP. 1nvolvpcl will coma clOElp. to a billion 'Rp.1 chRmA,rks. It

090-PS. Cony of lottElr, 'Rosf"'!nbr>re to P~rtv "!:'rA~.sUrp.r SchW"l,rz, o.P.t0.CI. ?8 J"lnuf.lnr 1gAl •

.' -7'3-

ARGUMENT 1 NO CONCLUSION

The evidenoe set forth above demonstrates that the LEADERSHIP

CORPS OF THE Nl~ZI PARTY was a Group or Organization, within the meaning of those terms as used in J rticle 9 of the ChC?rter, com prising the sum of the top Politischer Leiter (Political leaders) . of the Nazi Party (pages 2-12, supra).. It has been shown that the Leadership Corps was organized on a territorial and hiorarchi cal basis, ranging from the Gau to the Block :lrea of a few house holds,. thereby facilitating Party control of the German national life (pages 2-8, Stlpra). The foregoing evidence also proves that the Politischer leiter yrore a. distinctive ~nd elite group within the Party proper, vested ~~th special prerogatives, organized upon the leadership principle, entitled to recuisition the services of the Party Formations in the execution of P~rty policies, an~ were the primary agency charged with developing and imposing upon their followers and the Germ:m people gener

:B,'vidence submitted elsewhere in the Master Tri0..l -grief shows th;.~.t the Politischer Leiter (Political. Le1.ders) comprising the le'ld8rship

Corps of the Party particip~t8d in measurus tnken by the Party, its Formations and the defend<'.nts ;-md co-conspir.:ctors leQ.ding to the acquisition ~nd seizure of tot.litarian control in Geroany. The evidence assembled and considered above, in conjunction '·'lith that adduced elsewherG in the i.~CtstGr Trial Brief, proves th:.:.t the Lec.der ship Corps were active in extending 'l.nd consolid,:;.ting the contro1 thus seized by the Party, the dofcnd~nts Lnd co-conspirntors in

Germany, leading to a ~ocial situation in ~hich the Pnrty and the Leadership Corps thereof domin3.ted, controlled and dictc.ted to the German Stnte and GoverTh~ent.(Pages 15-23, supra). !~ong the proofs cited by the present Prief, prob~tive of the fact of d~mi~~ of the State c:md Goverrunent by the Nazi P:'lrty as directed by the Leadership Corps,. were: the lo.w of 14 July 1933, est<'.blishing the -74- one-Party state and suppressing all other political p~rties; the

Law of 1 December 1933, declaring that the NSDAP ¥hS the pilla.r of the German state, linked to it indissoluably and making the Deputy of the Fuehrer (then Hess) and thb Chief of Staff of the SA (then

Rohm) - both Politischer Ldter in the Reichsleitung or Reich P:~rty

Directorate of the Leadership Corps - members of the Cabinet; the t~w of 15 September 1935 making the SWastika flag of the Party the official flag of the Reich; and the decree of 16 January 1942 providing for the participation of t11e defendant and Reichsleiter Bormann in Fill Reich

legislation and gove rnment[~l appointments. Furthermore, the combined effect of the &vidence presented in both the present Brief and that contained in the Brie;f I'elating to the criminality of the Reich Cab-

inet shows that the Party and tho Leadership Corps consolidated control over the Cabinet, by combining ministerial and pnrty offices in the same Politischer Leiter and by creating new ministries and conferring

the rank of Rcichministor upon ,top members of the L~adership Corp3

(Pages 15-16, supra). Elsewhere in the Mnste r Trial Ricf it will have been shown that the SS contributed to the domination of Party over

State. The present Brief has soown that HliThT~er, as ~~ich Fuehrer of the SS, was a member of the Reichsleitung, the central committee of the Leadership Corps; the actions of Himmlcr in that capacity and of the SS in carrying out the directives of Himmler and the policies decreed by the Leadership Corps are evidentiary of the criminality of the latter Group in furthering the Conspiracy denounced by the Charter,

By virtue of such control of the Party and Leadership Corps

over the German State and Government, the leadership Corps is b>tlIle- worthy, on ordinary principles of liability, for, cunong othor laws .,...... - and measures undcrtnken by the German Govornment, in promotion of the

C~nspiracy, a large body of anti-Semitic lind discriminatory lRws (pages

23-27 j supra), From the period in which control over German life was consolidated to 1945, the Leadership Corps of the Nazi Party was systematically ~75-:. employed ih advartcing the course of the Conspirncy by ~ wide range of acts which included, but were not· limited to, the smC'.shing of the independent trade unions;. the preparation, support and direction of the ~nzi war effort; the co~~tssion of war crimes ~gninst Allied military personnel and the civil population of C-€rman-occupicd nreas; o the conscription,. deprb.tion e.nd inhuman treatment of Forced Tabor; the persecution of the Jews and other ninority groups; the spoli~tion, wanton destruction ~nd other illeg:,l action with resp{;ct to public and private property in the occupied arens; and relr·.ted illegnl mer).Dures,

(Pages 28-44, supra & other Briefs for the Pros~cution). Specifically,

it is shown ahove th<>t the l,cadership Corps was employed in the dissolution of the trade unions (Pagus 59-66, supra); the subversion of the

Christi~ ChuI'chesi'..nd persecution of the clergy (p:lges /.J.,-58, supra); and in the looting of' property in occupied areas, especiCllly in connection with tho illeg~l nctiviti0s of the Einsatzsti'..b Ros0nberB (Pages

67-72, supra).

From a summary and ;. total view of all the evidence mnrshC'.lled n.nd

offered above and elsewh8re'in the Master Trial Prief it becomes incon-

trov8rtibly clear tho.t the multifrrious ~ctivities of the Lend<::rship to, Corps were designed and intendcdj and in fact did, promote the progress

of the Conspiracy throufh its various ph~ses. Thus, tho inference is well supported the.t tho lead0rship Corps vw.s 2..ctivcly employed in &ssis- ting the' defend~,nts and their co-conspirdors in cp.rrying out the

objectives of the Conspiracy ~llegcd in Count I of the Indictoent. It

follows that the Leadership Corps, as well as the Politischer Leiter

composing it, were in fe..ct co-conspirD.tors, nnd their p,'.rticipntion

in the Conspiracy contemplated and involved tho commission of Crimes

against Peace, War Crimes, "nd Crimos against Humnnity.

The foregoing summary of tho evidence furt~1er osk'.bUshes that

the defendants and conspir:>.tors, Rosenberg Clnd Bormann, ncting in

their capncity D.S Politischer leiter of the Reic:1s1eitung (Reich rnrty

DirectorC'.te) of the Lep.dership Corps of the Nazi Pa.rty n.nd .... s m(;:.lbers -76- thereof, participated in the Conspiracy or Comn:lOn Pl::m D.llcged

·in Count I of the Indictment, and committod acts constituting

the Crimes alleged in Counts II, III, and IV thereof.

Accordingly-:'

1. The Leadership Corps of the Nazi P,~rtJT is a Group or

Organization in the sense in 'which those ter-ns nre

used in A.rticle 9 of the Ch(:'..rter.

2. The defendants and conspir:ttors, Rosenberg and Borm<.::.nn,

committed the Crimes definc..d in 1.rt:Lcle 6 of tho Ch'lrtl;r

and in their c[~pacity '~s members ['.nd Politischer It:.iter

(political leaders) of tht:: lG<"..dership Corps of the "Jazi

Party..

3. It was, at all times, the primary and central design cmd

purpose of the Len.clership Corps of the Nazi Party to

direct, (.mgnge and p:-,rticip::-,te in the execution of a

Conspir:'\cy which contompln.tcd ::md involved t~e commis

sion of the Crimes dofined in ~rticlc 6 of the Charter.

It is therefore submitted that the le~dcrship Corps of the

.Nazi Party, by reason of its aims, ~ctivities, and the m~ans used for their accomplishment, is, mld should be declared, a criminal

Group or Org~nization, in accordance with Article 9 of the Charter.

Respectfully submitted: .~

I"~ ,~-), -;,: .:. " ,. f, i.. .y. /. ,. ... .lJ

Thomas F. Lambert., Jr.

Lt. (jg)., USNR

Legal Staff Trial Organization