I will admit it also. The next has reference to the Ministerial Council, being given legislative power.
I don't believe that that has been introduced before. That Council was given legislative powers. That is in Article 2 of the decree of 30 August 1939, our document 2018-PS; the ordinary cabinet continued to legislate throughout the war. This next document, if the Court please, it may be not necessary to read. It generally shows the above agencies continued to legislate side by side, and it really would be accumulative evidence. There were others that possessed legislative powers. Hitler, of course, had legislative power. Goering, as Deputy of the Four-year Plan, could and did issue decrees that had the effect of law. And the Cabinet delegated power to issue laws, which could deviate from existing law, to the Plenipotentiaries of Economy and Administration, and the Chief of the OKW, to the so-called 3-Man College, the 3-Man College having authority to legislate. This was done in the war planning law - the Secret Defense Law of 1938, USA Exhibit No. 36, our document 2194-PS. These three officials, Frick, Funk and Keitel, were also members of the Council of Ministers, as well as being part of the ordinary cabinet. It can, therefore, be readily said, in the language of the Indictment that the Reichsregierung possessed legislative powers of a very high order in the system of the German government, and that they exercised such powers as in part already has been demonstrate. I simply refer to that to show it was simply concentrated cabinet law, without quoting. That the executive and administrative powers of the Reich were concentrated in the Central Government primarily as the result of two basic Nazi laws that reduced the separate states (called Lander) to mere geographical divisions. Your Honor, please, these laws are cited, and I believe it would be accummulative evidence if I undertook to chronicallize the laws. I now pass to the part at the bottom of page 29. There were other steps taken towards the centralization, but those two laws were the fundamental ones for the purpose. Let us see therefore what powers the ordinary cabinet could wield as a result. We have here a periodical published in 1944 which was edited by Dr. Wilhelm Stuckert, State Secretary in the Reich ministry of the Interior, and Dr. Harry V. Rosen-v Hoewel, another official with the title of "Oberregierungstate", in the Reich ministry of the Interior.
It is entitled "Administration Law," and I offer it in evidence as tires of the ordinary cabinet from which I will select but a few to illustrate the extent of control vested in the Reichsregierung. The quotation is from page 2 of the translation, and page 66 of the original. "The Reich Ministers. There are at present twenty-seven Reich Ministers, namely:"
May I Say that the only purpose in offering this is to show what each Minister had jurisdiction over, and to what his authority extended, for example, the Reich minister for Foreign Affairs, it details what he handles. The Reich Minister of the Interior follows in detail on the matters extrusted to his jurisdiction, and so on.
THE PRESIDENT:Colonel Storey, may I ask you what has that to do with criminality in the Reich Cabinet?
COLONEL STOREY:The point is as I see it, though it can be deemed accummulative,Your Honor, is to show how these defendants, end the others were for forming a cabinet, forming the ministries, to form committees, councils, so that they could give the semblance of legality to any act they determined to take advantage of, whether they were in session or not, and according to the dictates of the respective Ministers, in other words, showing a complete domination.
THE PRESIDENT:I suppose that was in there too.
COLONEL STOREY:All right, I'll pass to further references. I'll skip over the rest of the law, and go to page 35 of the record in reference to criminality, and particular crimes. I now come to the second phase of the proof against the Reichsregierung, that tending to establish its criminal characteristics. As the proof on all phases of the prosecutions' case is received, the Tribunal will note more and more the relationship such evidence bears to the Reichsregierung, and their resultant responsibility therefor. Here, we will direct the court's attention to some predominant elements of the evidence that brands this group. First, it cannot be stressed too frequently, that under the Nazi regime the Reichsregierung became the criminal instrument of the Nazi Party. In the original Cabinet of 30 January 1933, there were only three cabinet members, who were members of the Party: Goering, Frick, and of course, Hitler. I have already shown that as new Ministries were added to the Cabinet, prominent Nazis were placed at their head. On January 30, 1937, Hitler executed acceptance into the Party of those Cabinet members who were not already members of the Nazi Party. This action is reported in the Volkischer Beobachter, South German Edition, 1 February 1937, and this document No. 2964-PS I quote from, paragraphs 3 and 4, No. 2964-PS of the English translation:
"In viewof the anticipated lifting of the ban for party membership, the Fuehrer, as the first step in this regard, personally carried out the enlistment into the party of the members of the Cabinet who so far had not belonged to it, and he handed them simultaneously the Gold Party Badge, the supreme badge of honor of the party.
In addition the Fuehrer awarded the Gold Party Badge to Generaloberst Freiherr von Fritsch, Generaladmiral Dr. h.c. Raeder; the Prussian Minister of Finance, Professor Popitz; and the Secretary of State and Chief of the Presidential Chancellery, Dr. Meissner.
The Fuehrer also honored with the gold party badge the party members State Secretary Dr. Lammers, State Secretary Funk, State Secretary Funk, State Secretary Koerner, and State Secretary General of the Airforce Milch."
Unquote.
It was just possible to refuse the party membership thus conferred. Only one man did this, von Eltz-Rubenach, who was the Minister of Pots, and Minister of Transport at the time. I have here an original letter, dated 30 January 1937, from von Eltz Rubenach to Hitler, and it is his own personal handwriting. I offer it in evidence as document 1334-PS. I desire to offer it as USA 412, and I quote the entire document No. 1534-PS:
"Berlin, W.8. 30 January 1937, Wilhelm Street, 79.
"My Fuehrer:
I thank you for the confidence you have placed into me during the four years of your leadership, and for the honor you do me in offering to admit me to the party.
My conscience forbids me however, to accept this offer.
I believe in the principles of positive Christianity, and must remain faithful to my Lord, and to myself.
Party membership however would, mean that I should have to face with out contradiction, the steadily aggravating attacks by party officers on the Christian confessions and those who want to remain faithful to their religious convictions.
This decision has been infinitely difficult for me. For never in my life have I performed my duty with greater joy and satisfaction than under your wise state leadership.
I ask to be permitted to resign.
With German Greetings:
Yours very obediently, (signed) Baron von Eltz.
" But the Nazis didn't wait until all members
THE PRESIDENT:Was anyone else permitted to resign?
COLONEL STOREY:Yes, but the Nazis didn't wait until all members, as I understand, Your Honor, of the cabinet were party members. Every one of them, each member did, except this one, and he declined and resigned, which was accepted. And the Nazis didn't wait until all members of the cabinet were party members. Shortly after it came to power it quickly assured itself of active participation in the work of the cabinet. On 1 December 1933, the cabinet passed a law securing the unity of party and state. That has been introduced previously and I will not refer to it any more. This refers to our document No. 1395.
THE PRESIDENT: Why is Eltz but no one else shown in the year 1938 as a member of the cabinet, in 1938?
COLONEL STOREY:Your Honor, please, the 1938 simply referred to the time the Secret Cabinet and Council were created. It does not have to do with when any of these people came to the cabinet.
THE PRESIDENT:I see.
COLONELSTOREY: in other words, all those arrows show what these different a encies were.
THE PRESIDENT:Yes, I follow it.
COLONEL STOREY:As created during those years.
I say for your Honors' information, that in this list of all the cabinet members and the members of the Reicheregierung, from 1933, his name is shown in the list that we handed to your Honors.
THE PRESIDENT:Up to 1937?
COL. STOREY:No, sir; from 1933 clear to 1945 his name is listed. If your Honors will recall, we handed in a separate list and it does contain the Baron's name and with the authorities of his appointment, and so forth.
THE PRESIDENT:You mean, that is a mistake?
COL. STOREY:No, sir; it is not a mistake.
THE PRESIDENT:He didn't resign?
COL. STOREY:He did resign, but your Honors asked if his name was shown up here and I said that in the separate list showing this list of all members of the Reicheregierung, from 1933 to 1945, the Baron's name was included and the proper reference is made in this separate list for your Honors' information.
I have here a copy of an unpublished decree signed by Hitler and dated 27 July 1934. It is Document D-138, USA Exhibit 403, and it is in the section headed "Laws and Decrees," if your Honors please, and I offer it in evidence. This is a decree of Adolf Hitler:
"I decree that the Deputy of the Fuehrer, Reich Minister Hess, will have the capacity of a participating Reich Minister in connection with the preparation of drafts for laws in all Reich Administrative spheres.
All legislative work is to be sent to him when it is received by the other Reich Minister concerned.
This also applies in cases where no one else participates except the Reich Minister making the draft.
Reich Minister Hess will be given the opportunity to comment on drafts suggested by experts.
This order will apply in the same sense to legislative ordinances.
The Deputy of the Fuehrer in his capacity of Reich Minister can send as representative an expert on his staff.
These experts are entitled to make statements to the Reich Ministers on his behalf.
(signed) Adolph Hitler" The Defendant Hess himself has some pertinent comment to make regarding his right of participation on behalf of the party.
I now offer in evidence Document D-139. This is an original letter dated 9 October 1943, on the stationery of the NSDAP, addressed to the Reich Minister for Enlightenment of the People and Propaganda, signed by Hess.
I now quote the entire document:
"By a decree of the Fuehrer dated 27 July 1934, I have been granted the right to participate in the legislation of the Reich as regards both formal laws and legal ordinances.
This right must not be rendered illusory by the fact that I am sent the drafts of laws and decrees so late and am then given a limited time, so that it becomes impossible for me to deal with the material concerned during the given time.
I must point out that my participation means the taking into account of the opinion of the NSDAP as such, and that in the case of the majority of drafts of laws and decrees, consult with the appropriate departments of the Party before making my comment.
Only by proceeding in this manner can I do justice to the wish of the Fuehrer as expressed in the decree of the Fuehrer of 27 July 1934.
I must therefore ask the Reich Ministers to arrange that drafts of laws and decrees reach me in sufficient time.
Failing this, I would be obliged in future to refuse my agreement to such drafts from the beginning and without giving the matter detailed attention, in all cases where I am not given a sufficiently long period for dealing with them.
Heil, (signed) R. Hess".A handwritten note appears attached to the letter.
It reads and I quote from page 2 of the translation:
" Berlin, 17 October 1935.
1. The identical letter seems to have been addressed to all Reich Ministers.
In our special field the decree of 27 July 1934 has hardly become applicable so far.
A reply does not seen called for.
2. File in file 7B (?)
(signed) "R" " The participating powers of Hess were later broadened.
I now refer to Document D-140, U.S.A. Exhibit 405, and it is a letter dated 12 April 1938 from Doctor Lammers to the Reich Ministers. I offer it in evidence and quote from the English translation, paragraph 3:
"The Deputy of the Fuehrer will also have participation where the Reich Ministers give their agreement to the State Laws and legislative ordinances of States under paragraph 3 of the first decree concerning reconstruction of the Reich of Feb 2nd 1934 (Reich Law Gazette 181). Where the Reich Ministers have already, at an earlier date been engaged in the preparation of such laws or legislative ordinances, or have participated in such preparation, the Deputy of the Fuehrer likewise becomes participating Reich Minister.
Laws and legislative decrees of the Austrian State are equally affected hereby.
(signed) Dr. LAMMERS" THE PRESIDENT:
Colonel Storey, may I ask you what those three documents are supposed to prove?
COL. STOREY:In the first place, your Honor, the one I just referred to shows that they passed laws over conquered territory. That one related to Austria. The one signed by Hess, just before, gives him almost unlimited power as regards to both formal and legal ordinances and over administrative districts and in addition, I think, your Honor, the most important point is that Hess says "you must send them to me long enough in advance so that I may consult with the Party and the appropriate Party members and get their reaction."
THE PRESIDENT:Is that relied upon as evidence of criminality, that he took the trouble to find out information of this sort?
COL. STOREY:I think it is a part of the general conspiracy showing the domination of Party and State by the Nazi Party and particularly the leadership corps.
THE PRESIDENT:I thought I had already said that it appeared to us -and I think I speak on behalf of all the Tribunal -- that that matter had been amply proved and that we wished you to turn to criminality of the Reich Cabinet.
COL:STOREY: May I assume, your Honor, that we need offer no further proof that the Party itself had to do with the making of these laws as suggested by the Defendant Hess? I thought it was incumbent upon us to prove that the Party dominated this cabinet and particularly the leadership corps.
THE PRESIDENT:You are dealing now with the Reich Cabinet, and I think the Tribunal is satisfied that the Reich Cabinet had full powers to make laws.
COL:STOREY: I think that we go a little step further and undertake to show, if we have not already shown, that the way and manner in which they did it by consulting the Party was criminal. Now, I have some other laws to cite here in corroboration of that but if the Tribunal is satisfied, I don't see any use to cite them.
THE PRESIDENT: I don't think the Tribunal would imagine that they made laws without consulting somebody.
Perhaps it would be a convenient time to break off for ten minutes.
(A recess was taken from 1515 to 1530 hours).
COL:STOREY: If your Honors please, when we adjourned we were speaking of these laws that had been passed, and certainly I do not want to offer any cumulative evidence or any that is not necessary. I therefore am briefly referring to the laws which we propose to offer now.
The Party, as your Honors will recall, had 25 fundamental points which they had set out to achieve, as introduced in evidence yesterday. Those points, your Honors will recall, related to everything from the abrogation of the Treaty of Versailles and St. Germain to the obtaining of greater living space, and so forth.
Now, we propose to cite to your Honors various decrees and laws passed by this Cabinet carrying into effect what we contend were the criminal purposes of the Party, and that, therefore, the Reich Cabinet was asked by the Party to give semblance of legality to their alleged criminal purposes. That is the only reason we expect to chronicle or to mention the laws that were passed in pursuance thereof, And I shall proceed as your Honors suggest and simply list a group of the laws that seek to establish the so-called 25 points of the Nazi Party. Perhaps, with your Honors' permission, I will just refer to a few of them as being indicative of the type of laws that were passed to further their 25 points.
For example, in implementation of this point the Nazi Cabinet enacted, among others, the following laws:
The law of February 3,1938, concerning the obligation of German citizens in foreign countries to register. That is cited in the Reichsgesetzblatt.
The law of the 13th of March 1938, relating to the reunion of Austria with Germany -
THE PRESIDENT:Don't go too fast. What was that?
COL. STOREY:The law of March 13, 1938 for the reunion of Austria with Germany.
THE PRESIDENT:Were those laws passed by the Reich Cabinet?
COL. STOREY:Yes.
THE PRESIDENT:Well, aren't you going to cite the laws?
COL. STOREY:Yes, but I was going to show them as illustrative, and that is the 1938 Reichsgesetzblatt, Part I, page 237.
The law of November 21, 1938 for the reintegration of the German Sudetenland with Germany, 1938, Reichsgesetzblatt, Part I, pare 1641.
The incorporation of Memel-land into Germany, March 23, 1939, Part I, page 559, of the 1939 Reichsgesetzblatt.
With reference to Point 2 -
THE PRESIDENT: Will you give me the place where the 25 points are set out?
Have you got a reference to that?
COLONEL STOREY:Yes, Sir; it appears in Document 1708-PS, in Document Book A.
THE PRESIDENT:Thank your.
COLONEL STOREY:And I believe we referred to it yesterday.
THE PRESIDENT:That is sufficient.
COLONEL STOREY:Yes, Sir.
Now, as an illustration, Point 2 of that Party platform -- which, as your Honors will recall, demanded the cancellation of the Treaties of Versailles and St. Germain -- the following acts of the Cabinet in support of this part of the program may be mentioned:
Proclamation of October 14, 1933 to the German people concerning Germany's withdrawal from the League of Nations and the Disarmament Con ference, 1933 Reichsgesetzblatt, Part I, Page 730.
Law of March 16, 1935, for the establishment of the Wehrmacht and compulsory military service; 1935, Reichsgesetzblatt, Part I, Pages 369 to 375.
Now, with reference to Point 4 of the Party, which said:
"Only those who are members of the 'Volk' can be citizens. Only those who are of German blood, without regard to religion, can be members of the 'Volk'. No Jew, therefore, can be a member of the 'Volk'."That is Point 4. Among other Cabinet laws which implement this point was the law of July 14, 1933 for the recall of naturalization and deprivation of citizenship of these people; 1933, Reichsgesetzblatt, Part I, Page 480.
The law of April 25, 1933 restricting the number of non-Aryans in schools and higher institutions of learning; 1933, Reichsgesetzblatt, Part I, Page 225.
The law of September 29, 1933, excluding persons of Jewish blood from the peasantry; 1933, Reichsgestzblatt, Part I, Page 685.
Another one, March 19, 1937, excluding Jews from the Reich Labor Service;
1937, Reichsgesetzblatt, Part I, Page 325.
There is another one of July 6, 1938, prohibiting Jews from partici pating in six different types of businesses; 1938, Reichsgesetzblatt, Part I, Page 823.
Point 23 of that platform proclaimed:
"We demand legislative action against conscious political lies and their broadcasting through the press."
To carry out this point I give a few of the Cabinet law that were passed.
One of September 22, 1933, which established the Reich Culture Chamber; 1933, Reichsgesetzblatt, Part I, Page 661.
One concerning editors, of October 4, 1933, 1933, Reichsgesetzblatt, Part I, Page 713.
Another one with reference to restrictions as to the use of the theater, on May 15, 1934.
THE PRESIDENT: The use of what?
COLONEL STOREY: Theater; shows. 1934, Reichsgesetzblatt, Part I, Page 411.
THE PRESIDENT: What is the date of that?
COLONEL STOREY: May 15, 1934.
Now, passing from those illustrative laws, the ordinary cabinet, in fact, enacted most of the legislation which set the stage for and put into execution the Nazi conspiracy described under Count One of the Indictment.
Many of these laws have been referred to previously by the Prosecution.
All the laws I shall refer to and to which I have referred were enacted specifically in the name of the Cabinet.
A typical intro ductory paragraph reads, and I quote:
"The Reich Cabinet has enacted the following law which is hereby promulgated."
In other words, that shows it is a Cabinet law.
THE PRESIDENT: That applies to all the ones you have just given us?
COLONEL STOREY: Yes, sir. That is a typical heading In connection with the acquiring of control of Germany under Count One of the Indictment, I refer to some of the following laws.
Here is a law of the 14th of July, 1933 against the establishment of new parties.
I believe I referred to that yesterday. That is 1933, Reichsgesetzblatt, Part I, Page 479.
Another of 14 July 1933 providing for the confiscation of property of Social Democrats and others; 1933, Reichsgesetzblatt, Part I, Page I have already referred to that law of 1 December 1933, which con solidated the Party and State, which is found in 1933, Reichsgesetzblatt Part I, Page 1016.
In the course of consolidating the control of Germany these laws were enacted, and I give a few illustrations:
21 March 1933, creating special courts. That is in 1933, Reichsgesetzblatt, Part I, Page 136.
Law of the 31st of March 1933 for the integration of all of the States into the Reich.
THE PRESIDENT:Integration of what?
COLONELSTOREY: 1933, Reichsgesetzblatt, Part I, Page 153.
THE PRESIDENT:Will you repeat that, integration of what?
COLONEL STOREY:Integration of the States -- that is, separate States into the Greater Reich.
Here is one of 30th June, 1933, eliminating non-Aryan civil servants or civil servants married to non-Aryans:
1933, Reichsgesetzblatt, Part I, Page 433.
The law of 24th April, 1934, creating the People's Court, 1934, Reichsgesetzblatt, Part I, page 341.
And that was the same Court your Honors saw functioning in one of the movies exhibited last week.
The law of 1st August, 1934, uniting the office of President and Chancellor, 1934, Reichsgesetzblatt, Part I, page 747, I am not introducing all of them or referring to all of them.
Here is a law of 18th March, 1938, that provides for the submission of one list of candidates to the electorate for the entire Reich:
Reichsgesetzblatt, 1938, Part I, page 258.
Nazi extermination of political internal resistance in Germany through the purge of their political opponents and through acts of terror, which are set forth in Paragraph III (d) 3 (b) of Count I was facilitated or legalized by the following Cabinet laws, translations being found in Document Book F, which has previously been submitted.
I will just refer to a few of these as they are translated in that book.
Here is one of 14th July, 1933, that prohibits the establishment of new Parties and contains a penal clause.
That is found in 1933, Reichsgesetzblatt, Part I, page 479.
Here is one of 20th December.
THE PRESIDENT:You have already given us that one.
COLONEL STOREY:I believe so, yes, Sir.
Here is a law of the 3rd of July, 1934, concerning measures for emergency defense of the State, and which legalized their own purge.
That is in 1934, Reichsgesetzblatt, Part I, page 529.
Law of 20th December, 1934, on treacherous acts against the State and Party and for the protection of the Party uniforms, 1934, Reichsgesetzblatt, Part I, page 1269.
Here is one of 24th April, 1934, that makes the creation of new or continuation of existing political Parties an act of treason, 1934 Reichsgesetzblatt, Part I, page 341.
Here is one of 28th June, 1935, that changes the Penal Code, 1935 Reichsgesetzblatt, Part I, page 839.
Here is the final one I will mentions: 16th September, 1939, permitting second prosecution of an acquitted person before a Special Court, the members of which were named by Hitler; 1939, Reichsgesetzblatt, Part I, page 1841.
Now, next are some laws that related to the extermination of the Trade Unions, which I have already cited, and they are in Document Book G. I will not refer to them.
Then the laws abolishing collective bargaining.
I have referred to those. I will pass them.
In fact, even the infamous Nuremberg laws of September 15th, 1935, although technically passed by the Reichstag, were nevertheless worked out by the Ministry of the Interior.
This is verified by the work of Dr. Franz A. Medicus, entitled "Ministerial-dirigent," published in 1940.
It is Document 2960-PS, USA Exhibit 406. I would like to refer to the paragraphs at page 62 of the original publication, and translated in our Document 2960-PS.
2960-PS, beginning the first paragraph:
"The work of the Reich Ministry of Interior forms the basis for the three 'Nurnberg Laws' passed by a resolution of the Reichstag on the occasion of the Reich party meeting of Freedom.
"The 'Reich Citizenship Law' as well as the 'Law for the protection of German blood and German honor' opened extensive tasks for the Ministry of Interior not only in the field of administration.
The same applies to the 'Reich Flag Law' that gives the foundation for the complete reorganization of the use of the flag."
A few decrees of the Council of Ministers which similarly supplied the legal basis for the criminal acts and conduct of the conspirators, about whichthe Tribunal has already heard and will hear more, relate to those of August 5, 1940, which imposed a discriminatory tax on Polish workers in Germany; and that is in 1940, Reichsgesetzblatt, Part I, Page 1077.
Also the law of 4 December 1941, which imposed penal measures against the Jews and Poles in eastern occupied countries; 1941 Reichsgesetzblatt, Part I, Page 759.
The last one was concerning the employment of Eastern workers, which I referred to this morning.
Almost immediately upon Hitler's coming into power, the cabinet commenced to implement the Nazi conspiracy to wage aggressive war. Three of the documents that establish this point have already been introduced in evidence. They are EC-177, 2261-PS, and 2194-PS, respectively. Document EC-177, which is USA Exhibit 390, is a long copy of the minutes, and I beg the indulgence of the Tribunal for referring to it again, EC-177 -
THE PRESIDENT:Is it in this book?
COLONEL STOREY:Yes, sir, EC-177.
THE PRESIDENT:Is it after the D's or before the D's?
COLONEL STOREY:Before the D's.
Your Honors, I didn't intend to quote from that. I am simply referring to it as being the minutes of the second session of the working committee of the delegates for Reich Defense, and being signed by the Defendant Keitel.
Document 2261 consists of a letter dated 24th of June 1935, 2261-PS. That transmits a copy of a secret, unpublished Defense Law of 21 May 1935, and also a copy of a decision of the Reich Cabinet of the same date in the Council for the defense of the Reich. These have been previously introduced, but they are illustrative laws passed by this Cabinet.
Document 2194 also transmits a copy of the secret, unpublished, Reich Defense Law, 4 September 1938.
(I will skip down to the laws passed by the Reich Defense Council on Page 50, for the record.)
The Reich Defense Council was a creation of the cabinet. On 4 April 1932, it was decided to form that agency. The decision of the Cabinet, atta to Document 2261-PS, which is U.S. Exhibit 24, page 4 of the translation, paragraph 1, proves that fact.
The two secret laws contained in Document 2261, as well as 2194, were passed by the Cabinet; nor was this a case of one group setting up an entirely distinct group to do its dirty work.
The cabinet put itself into the picture. This might have been a difficult task to accomplish before the Nazis assumed power - but with the Nazis in control, things could move swiftly, and I now refer again to Document EC-177, but I will not undertake to quote from that (although the quotation is set out here).
There is only one point in that connection which would not be cumulative. It is page 5 of the translation and page 8 of that original of EC-177, on the question of security and secrecy, that I think would be pertinent to the criminal nature.
I quote: "Question has been brought up by the Reich Ministries.
The secrecy of all Reich Defense Work has to be maintained very carefully.
Communications with the outside by messenger service only, has been settled already with the Post Office, Finance Ministry, Prussian Ministry of the Interior and the Reichswehr Ministry.
"Main Principle of Security: No document must be lost, since otherwise, the enemy propaganda would make use of it.
Matters communicated orally cannot be proven;
they can be denied by us in Geneva. Therefore, the Reichswehr Ministry has worked out security directives for the Reich Ministries and the Prussian Ministry of the Interior."
I will skip the next reference. I believe I will skip over to the Affidavit of Dr. Frick, on page 60. The Affidavit of Dr. Wilhelm Frick.
THE PRESIDENT:What is that?
COLONEL STOREY:It is Document, if your Honor please, 2186. Document 2186-PS. It is document U.S. Exhibit 409. The original Affidavit, signed by the Defendant Frick. I believe Dr. Frick sums up pretty well how the work was carried on.
"I, Wilhelm Frick, being first duly sworn, depose and say:
I was Plenipotentiary for Reich Administration from the time when this office was created, until the 20 August 1943.
Henirich Himmler was my deputy in this capacity. Before the outbreak of the war my task as plenipotentiay for Reich Administration was the preparation of organization in the event of war, such as, for instance, the appointment of liaison men in the different ministries who would keep in touch with me.
As Plenipotentiary for Reich Administration, I, together with the Plenipotentiary for Economy and OKW formed what was called a "3-Man College". We also were members of the Reich Defense Council, which was supposed to plan preparations and decrees in case of war, which later on were published by the Ministerial Council for the Defense of the Reich. Since, as soon as the war started, everything had to be done speedily and there would have been no time for planning, such measures and decrees were prepared in advance in case of war. All one then still had to do was to pull out of the drawer the war orders that had been prepared. Later on, after the outbreak of the war, these decrees were enacted by the Ministerial Council for the Defense of the Reich."
Signed and sworn to by Dr. Wilhelm Frick, on the 19th of November, 1945.
To sum up this phase of the proof, the Cabinet by its own decision and its own laws, created a large war-planning body - The Reich Defense Council the members of which were taken from the cabinet. Within the council they set up a small working committee, again composed of cabinet members and certain defense officials, a majority of whom were appointed from the cabinet members. To streamline the action, they placed all of its ministries except Air, Propaganda and Foreign Affairs, into the groups headed respectively by the Plenipotentiaries for Economy and Administration, and the OKW, and everything was organized in and for the greatest secrecy.
That is this 3-Man College.
Now, in conclusion, if your Honor please, I would like at this time to summarize briefly the proof concerning the Reichsregierung.
From 1933 to the end of the war, the Reichsregierung comprised the dominant body of influence and leadership below Hitler in the Nazi Government. The three sub-divisions were included in the term "Reichsregierung" in the indictment: the ordinary cabinet, the secret cabinet and the Council of Ministers for the Defense of the Reich. Yet, in reality, there existed only an artificial, illusory boundry between the three.
The predominant sub-division was, of course, the ordinary Cabinet, which was commonly referred to as the Reichsregierung.
In it, were the leading political and military figures in the Nazi Government. 17 of the 22 defendants before this Tribunal were integral parts of the ordinary Cabinet.
I should like now to name these defendants and to indicate the positions they held in the Reichsregierung.
MARTINBORMANN, Leader of the Party Chancellery.
KARLDOENITZ, Commander-in-chief of the Navy.
HANSFRANK, Reich Minister without portfolio.
WILHELMFRICK, Minister of the Interior, Plenipotentiary for Reich Administration, Reich Minister without Portfolio.
WALTERFUNK, Minister of Economics, Plenipotentiary for Economy.
HER MANGOERING, Minister for Air, Reich Forest Master.
RUDOLFHESS, Deputy of the Fuehrer.
WILHELMKEITEL, Chief of the OKW.
CONSTANTIN U.K. von NEURATH, Minister of Foreign Affairs, President of the Secret Cabinet Council.
FRANZ von PAPEN, Vice Chancellor.
ERICHRAEDER, Commander-in-chief of the Navy.
JOACHIM von RIBBENTROP, Minister for Foreign Affairs.
ALFREDROSENBERG, Minister of the occupied eastern territories.
HJALMARSCHACHT, Acting Minister of Economics, Reich Minister without portfolio, President of the Reichsbank, Plenipoten tiary for Economy.
BALDUR von SCHIRACH, Reich Youth Leader.
ARTHURSEYSS-INQUART, Reich Minister without portfolio.
And finally,
ALBERTSPEER, Minister for Armaments and War production.
From the ordinary Cabinet, there came not only the members of the secret cabinet council and the council of Ministers for the Defense of the Reich, but also the members of the War Planning Group, the Nazi Secret Reich Defense Council. When it was deemed essential for the purposes of the conspiracy to wage aggressive war, that power was concentrated in a few indiv iduals.
Again, these individuals were drawn from the ordinary Cabinet.
Thus, the Plenipotentiary for Economy and Administration were also Ministers of the ordinary Cabinet, and they were also members of the Reich Defense Council and Ministerial Council.
Under them were grouped practically all the Ministers of the ordinary Cabinet.
Where political considerations of foreign policy required that another select group be chosen to act as advisors, the Secret Cabinet was created and populated with members of the ordinary Cabinet.
The Reichsregierung was dominated by the Nazi Party through the control exercised over its legislation by the Deputy of the Fuehrer, Hess, and later, by the Leader of the Party Chancellery, Bormann. Party control was also effected through individual membership of all members and the union of various key cabinet and party positions in one man. As a result of this fusion of the Party and State, an enormous concentration of political power was gathered into the Cabinet.