Archive/File: imt/tgmwc/tgmwc-03-22.05
Last-Modified: 1998/08/10

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If your Honour please, there is one thing Colonel Seay
called my attention to. I refer to it merely for the record.
In one of the previous documents, 090-PS, Exhibit USA 372,
which is in the other document book, there

                                                   [Page 74]
                                                            
was a statement that clearly established that the expenses
of the Einsatzstab Rosenberg, that is, the staff's
operational expenses, were financed by the Nazi Party.

If the Tribunal please, I now offer Document Book "X," which
I believe has been passed to your Honours; and also Colonel
Dostert's staff has prepared a chart of the
"Reichsregierung" in different languages, and I believe your
Honours have copies. There is one copy, here in German that
I shall be glad to pass to counsel who are especially
concerned with this case. They have one copy in German. I
don't know who it is----

THE PRESIDENT: You mean counsel for the Reich Cabinet?

COLONEL STOREY: Yes, Sir. May I say also, by preliminary
reference, that we examined the records in the collection
office this morning, and only one letter of intervention has
been filed on behalf of the Reich Cabinet, and that was by
the defendant Keitel.

We will now consider the "Reichsregierung." Some preliminary
remarks about this group have already been placed before the
Tribunal by Mr. Albrecht in his comments upon the Government
chart. It will be necessary, however, for sake of coherence,
to repeat briefly some of the statements made by him, and
therefore we beg the indulgence of the Tribunal.

The "Reichsregierung," meaning Reich Cabinet, unlike most of
the other groups named in the Indictment, was not especially
created by the Nazi Party to carry out or implement its
nefarious schemes and purposes. The "Reichsregierung" --
commonly referred to as the Cabinet -- had, before the Nazis
came to power, a place in the constitutional and political
history of the country. As with other cabinets of duly
constituted governments, the executive power of the realm
was concentrated in that body. The Nazi conspirators
realised this only too well. Their aim for totalitarian
control over the State could not be secured -- they realised
-- except by acquiring, holding and utilising the top level
machinery of the State. And this they did. Under the Nazi
regime the "Reichsregierung" gradually became a primary
agent of the Nazi Party with functions and policies
formulated in accordance with the objectives and methods of
the Party itself. The institution of the "Reichsregierung"
became -- at first gradually and then with more rapidity --
polluted by the infusion of the Nazi conspirators into the
Cabinet. Many of them -- sixteen to be exact -- sit before
you today in the dock. There was no plan, scheme or purpose
-- however vile or inhuman or illegal in any sense of the
word -- that was not clothed with the semblance of legality
by the Nazi "Reichsregierung." It is for that reason that we
will ask this Tribunal -- after the proof has been offered -
- to declare that body, as defined in the Indictment, to be
a Criminal Organisation. The proof will be divided into two
main categories, the first of which will tend to establish
the composition and nature of the "Reichsregierung" under
the Nazis, as well as delineating briefly its functions and
powers, while the second will tend to establish -- and
conclusively we believe -- the reasons why the brand of
criminality should be affixed to that group.

The term "Reichsregierung" literally translated reads
''Reich Government." Actually, as we said, it was commonly
taken to refer to the ordinary Reich Cabinet. In the
Indictment the term ''Reichsregierung" is defined to include
not only those persons who were members of the ordinary
Reich Cabinet, but also those persons who were members of
the Council of Ministers for the Defence of the Reich, and
the Secret Cabinet Council. However,

                                                   [Page 75]

the really important subdivision of the three is -- as the
proof will show -- the ordinary Cabinet. Between it and the
other two there was in reality only an artificial
distinction. There existed, in fact, a unity of personnel,
actions, functions, and purposes that obliterated any
academic separation. As used in the Indictment, the term
"ordinary Cabinet" means Reich Ministers, that is, heads of
departments of the Central Government, Reich Ministers
without portfolio, State Ministers acting as Reich
Ministers, and other officials entitled to take part in
meetings

I might state here that there were, altogether, forty-eight
persons who held positions in the ordinary Cabinet.
Seventeen of them are defendants before the Tribunal.
Bormann is absent. Of the remaining thirty-one, eight are
believed to be dead.

Into the ordinary Cabinet were placed the leading Nazi
collaborators, the trusted henchmen, and then, when new
governmental agencies or bodies were created, either by
Hitler or the Cabinet itself, the constituents of these new
bodies were taken from the roles of the ordinary Cabinet.

In 1933 when the first Hitler Cabinet was formed on 30th
January, there were ten ministries that could be classified
as departments of the Central Government. I have here a
typed copy of the minutes of the first meeting of that
Cabinet. These were found in the files of the Reich
Chancellery and bear the typed signature of one Weinstein,
the counsellor of the ministry, who was described in the
minutes as responsible for the protocol, that document
already appears in Document B; but I again refer the
Tribunal to Page 4 of the translation, which is Document
351, as shown in your document book, and contains a list of
those present.

THE PRESIDENT: 351-PS?

COLONEL STOREY: Yes, Sir, 351-PS, Exhibit USA 389.

The ten ministers referred to therein are set forth. They
are -- and I read:

     "Reich Minister for Foreign Affairs, the defendant von
     Neurath; Reich Minister of the Interior, the defendant
     Frick; Reich Minister of Finance, von Krosigk; Reich
     Minister of Economy" --and then I skip to the bottom of
     the page -- "Reich Minister of Food and Agriculture,
     Dr. Hugenberg; Reich Minister Of Labour, Seldte; Reich
     Minister of Justice" -- no name is given, the post was
     filled two days later by Guertner -- Reich Defence
     Minister von Blomberg; and the Reich Postmaster-General
     and Reich Minister for Transportation, von Eltz
     Ruebenach."

In addition you will note that the defendant Goering was
there as Reich Minister -- he had no portfolio then -- and
as Reich Commissar for Aviation. Dr. Peregke was there as
Reich Commissar for Procurement of Labour. Two State
Secretaries were present: Dr. Lammers of the Reich
Chancellery and Dr. Meissner of the Reich Presidential
Chancellery.

THE PRESIDENT In the copy I have, the defendant Goering
appears as the Reich Minister for Aviation.

COL. STOREY Yes, Sir. I mentioned that he appears as Reich
Minister and as Reich Commissar for Aviation.

THE PRESIDENT Oh, I see. I was reading from the first two
pages of the document. You were reading from Page 4?

COLONEL STOREY: Yes.

THE PRESIDENT: Very well.

                                                   [Page 76]

COLONEL STOREY: I am informed that the Ministry was created
later, but he is named Reich Commissar for Aviation.

In addition the defendant Funk was present as Reich Press
Chief, and the defendant von Papen was present as Deputy of
the Reich Chancellor and Reich Commissar for the State of
Prussia.

Not long after that date new ministries or departments were
created, into which leading Nazi figures were placed. On
13th March, 1933, the Ministry of Popular Enlightenment and
Propaganda was created. The decree setting it up appears in
the 1933 Reichsgesetzblatt, Part I, Page 104, our document
2029-PS.

I assume that the Court will take judicial notice of the
laws and decrees, as we have mentioned in the previous
proceeding.

The late Goebbels was named as Reich Minister of Popular
Enlightenment and Propaganda. On 5th May, 1933, the Ministry
of Air (1933 Reichsgesetzblatt, Part I, Page 241, our
Document 2089-PS). On 1st May, 1934, the Ministry of
Education. I refer to 1934 Reichsgesetzblatt, Part I, Page
365, our Document 2078-PS. On 16th July, 1935, the Minister
for Church Affairs (1935 Reichsgesetzblatt, Part I, Page
1029, our Document 2090-PS). The defendant Goering was made
Air Minister; Bernhard Rust, Gauleiter of South Hanover, was
named Education Minister and Hans Kerrl named Minister for
Church Affairs.

Two ministries were added after the war started. On 17th
March, 1940, the Ministry of Armaments and Munitions was
established (1940 Reichsgesetzblatt, Part I, Page 513, our
Document 2091-PS) The late Dr. Todt, a high Party official,
was appointed to this post. The defendant Speer succeeded
him. The name of this department was changed to "Armaments
and War Production" in 1943 (1943 Reichsgesetzblatt, Part I,
Page 529, our Document 2092-PS). On 17th July, 1941, when
the seizure of the Eastern territories was in progress, the
Ministry for the Occupied Eastern Territories as created.
The decree appointing the defendant Rosenberg to the post of
Minister of this department has already been received in
evidence as Exhibit USA 319.

During the years 1933 to 1945 one ministry was dropped --
that of Defence--  which was later called "War." This took
place in 1938 when on 4th February Hitler took over command
of the whole Armed Forces. At the same time he created the
"Chief of the Supreme Command of the Armed Forces," or, in
other words, the Chief of the O.K.W. This was the defendant
Keitel. The decree accomplishing this change is published in
the 1938 Reichsgesetzblatt, Part I, at Page 111. It appears
in our Document Book as 1915-PS, and I would like to quote a
brief portion of that decree. It begins at the bottom of the
second paragraph:

     "He -- referring to the Chief of the Supreme Command of
     the Armed Forces -- is an equal in rank to a Reich
     Minister."
     
     "At the same time, the Supreme Command takes the
     responsibility for the affairs of the Reich Ministry of
     War; and, by my order, the Chief of the Supreme Command
     of the Armed Forces exercises the authority formerly
     belonging to the Reich Minister."

Another change in the composition of the Cabinet during the
years in question should be noted. The post of Vice-
Chancellor was never refilled after the defendant von Papen
left on 30th July, 1934.

In addition to the heads of departments that I have
outlined, the ordinary

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Cabinet also contained Reich Ministers without portfolio.
Among these were the defendants Hans Frank; Seyss-Inquart,
Schacht, after he left the Economics Ministry, and von
Neurath, after he was replaced as Minister of the Interior.
There were other positions that were also an integral part
of the Cabinet. These were the Deputy of the Fuehrer, the
defendant Hess, and later his successor, the Leader of the
Party Chancellery, the defendant Bormann; the Chief of Staff
of the S.A., Ernst Roehm, for 7 months prior to his
assassination; the Chief of the Reich Chancellery, Lammers;
and, as we have already mentioned, the Chief of the O.K.W.,
the defendant Keitel. These men had either the title of or
the rank of Reich Minister. I have already read portions of
the law creating the Chief of the O.K.W., where his
importance in Cabinet affairs is delineated. The importance
of the defendants Hess and Bormann will soon be expounded,
while that of the Chief of the Reich Chancellery, Lammers,
will also soon become self-evident.

But there were others, such as State Ministers acting as
Reich Ministers. Only two persons fell within this category:
the Chief of the Presidential Chancellery, Otto Meissner,
and the State Minister of the Protectorate of Bohemia and
Moravia, Karl Hans Frank. In addition, the Indictment names
-- as belonging to the ordinary Cabinet -- "others entitled
to take part in Cabinet meetings." Many governmental
agencies were created by the Nazis between the years 1933
and 1945, but the peculiarity of such creations was that in
most instances such new posts were given the right to
participate in Cabinet meetings. Here the list is long but
significant. Thus those entitled to take part in Cabinet
meetings were the Commanders-in-chief of the Army and the
Navy, the Reich Forest Master, the Inspector-General for
Water and Power, the Inspector-General of German Roads, the
Reich Labour Leader, the Reich Youth Leader, the Chief of
the Foreign Organisation in the Foreign Office, the
Reichsfuehrer S.S. and Chief of the German Police in the
Reich Ministry of the Interior, the Prussian Finance
Minister and the Cabinet Press Chief.

These, then, were the posts and some of the personnel in the
ordinary Cabinet. They were all positions of such common
knowledge and notoriety that the Tribunal can take judicial
notice. Further, they all appear on the chart entitled
"Organisation of the Reich Government," which was
authenticated by the defendant Frick and is in evidence as
Exhibit USA 3, which Mr. Albrecht introduced on the second
day of the Trial. They are also capable of proof by laws and
decrees published in the Reichsgesetzblatt and by notices in
the semi-official monthly publication entitled `Das Archiv,'
which was edited by an official of the Ministry of Popular
Enlightenment and Propaganda -- all of which I submit are
within the judicial purview of the Tribunal. The persons who
held these posts in the ordinary Cabinet varied between the
years 1933 and 1945.

Does your Honour wish to adjourn at 12:45?

THE PRESIDENT: Yes, perhaps we had better.

           (A recess was taken until 1400 hours.)

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