Fifth Day:
Monday, 26th November, 1945
[Page 151]
DR. SAUTER: May it please the Court, I should like to make
an application. I am Dr. Sauter and defend the defendant von
Ribbentrop. On the 30th October the defendant von Ribbentrop
requested that his former secretary, Margarete Blank, at
that time in the Remand Prison in Nuremberg, be made
available to him in order that he might make his reply to
the Indictment, as well as a survey of the manner in which
he performed his official duties in the last seven or eight
years. He wished to dictate the facts.
On the 11th November, 1945, the Tribunal allowed this plea.
The defendant von Ribbentrop thereupon was able to dictate
for a few hours, but this was stopped for reasons unknown to
him. The defendant von Ribbentrop has not yet had returned
to him either the shorthand notes or the type script
dictated to Fraulein Blank. He therefore makes application
to the Court that the President be good enough to decree
that his former secretary, Margarete Blank, be made
available to him for the transcription of the requisite
data. Such permission would appear to be essential for the
proper preparation of his testimony and for the preparation
of the testimony of the defence witnesses.
Particularly in the case of the defendant von Ribbentrop,
the material to be treated is so voluminous, that no other
way of treating it appears feasible to us. Von Ribbentrop
has a further request to put forward. He has repeatedly
asked that some of his former colleagues, in particular
Ambassador Gauss, Ambassador von Rintelen, Minister von
Sonnleitner, Professor Fritz Berber and Under-Secretary of
State Henke, be brought to Nuremberg as witnesses, and that
he be permitted to speak to these witnesses in the presence
of his counsel. This request has, in part, been refused by
the Court on the 10th November. The remaining part has not
yet been decided.
It is quite impossible for the defendant von Ribbentrop,
considering the question of the entire foreign policy for
the last seven or eight years, to give a clear and
exhaustive account, if nothing is placed at his disposal
except a pencil and a block of writing paper. The White Book
of the Foreign Office for which he has asked could not be
placed at his disposal. In view of the voluminous nature of
the material entailed by Germany's foreign policy during the
last seven or eight years, the defendant von Ribbentrop
cannot possibly remember every single detail of events,
documents et alia, unless he be afforded some outside help.
He will be unable to remember particulars unless his memory
be stimulated by discussions with his former colleagues.
Moreover, the defendant von Ribbentrop has been taking a
great many soporifics during the last four years, especially
bromides, and his memory has suffered in consequence. For a
comprehensive realisation of the historical truth in a field
which interests not only the Court, but universal public
opinion in particular, little would be achieved if, in the
course of his examination, he were to declare, over and over
again, that he could no longer remember these details.
Defendant von Ribbentrop therefore applies to the Court and
begs that his above-mentioned colleagues be brought here,
and that he receive permission to discuss with them matters
pertaining to the trial, in order that he may prepare for
further proceedings.
THE PRESIDENT: The Tribunal has already intimated to
defendant's counsel that all applications should, as far as
possible, be made in writing and they consider
[Page 152]
DR. SAUTER: Mr. President, I would, in addition, like to
observe that the applications which I have today submitted
have been repeatedly lodged with the Court in writing, but
my client is anxious lest he experience difficulties in
preparing his own testimony and the examination of the
defence witnesses.
THE PRESIDENT: As was announced at the sitting on Friday,
counsel for the prosecution were to try and arrange with
defendants' counsel some satisfactory arrangement with
reference to the production of documents in the German
language. In accordance with that announcement, counsel for
the prosecution saw counsel for the defence, and
representatives of the prosecution and the defence appeared
before the Tribunal, and the Tribunal has provisionally made
the following arrangement: One, that in future, only such
parts of documents as are read in Court by the prosecution,
shall in the first instance be part of the record. In that
way, those parts of the documents will be conveyed to
defendants' counsel through the earphones in German. Two, in
order that defendants and their counsel may have an
opportunity of inspecting such documents in their entirety
in German, a photostatic copy of the original and one copy
thereof shall be deposited in the defendants' counsel room
at the same time that they are produced in Court. Three, the
defendants' counsel may at any time refer to any other part
of such documents. Four, prosecuting counsel will furnish
defendants' counsel with ten copies of their trial briefs in
English and five copies of their books of documents in
English, at the time such briefs and books are furnished to
the Tribunal. Five, defendants' counsel will be furnished
with one copy each of the transcript of the proceedings.
That is all.
I call upon the prosecuting counsel for the United States.
MR. ALDERMAN: May it please the Tribunal, may I make, Mr.
President, one inquiry with regard to your reference to
trial briefs.
On my section of the case I shall not expect to hand up to
the Court trial briefs. Whatever I have in the nature of
trial briefs will be put over the microphone. I wonder if
that is satisfactory.
THE PRESIDENT: I think what I said meets that case.
MR. ALDERMAN: I thought so, yes.
THE PRESIDENT: Because what I said was that the defendants'
counsel would be furnished with ten copies of the trial
briefs in English at the same time that they are furnished
to the Tribunal. Therefore, if you don't furnish the trial
briefs to the Tribunal, none will be furnished to the
defendants' counsel.
MR. ALDERMAN: Yes.
When the Tribunal rose on Friday last, I had just completed
an introductory statement preliminary to the presentation of
evidence on the aggressive war aspect of the case. In that
introductory statement I had invited attention to the parts
of the Charter and to the parts of the Indictment which are
pertinent to this aspect of the case. I had also discussed
the relationship between recorded history and the evidence
to be presented, indicating what sort of additions to
recorded history would be made by the evidence contained in
the captured documents.
I then indicated to the Court that I would first proceed by
presenting singly a handful of captured documents, which, in
our opinion, prove the corpus of the crime of Aggressive
War, leaving no reasonable doubt concerning the aggressive
character of the Nazi war, or concerning the conspiratory
premeditation of that war. I indicated to the Tribunal that,
after proving the corpus of the crime in this way, I would
follow the presentation of this evidence with a more or less
[Page 153]
As the members of the Tribunal may understand, it is easier
to make plans about presentation than to keep them. There
have been, by necessity, some changes in our plans. I
indicated on Friday that to a certain extent the American
case under Count 1 and the British case under Count 2 would
interlock. The British Chief Prosecutor, Sir Hartley
Shawcross, is by force of circumstances required to be in
London this week. He expects to be back next week. The
intention now is that he will make his opening statement
covering Count 2 of the Indictment, and such interrelated
parts of Count 1 of the Indictment as have not by then been
presented, when he returns on Monday.
So that what is at the moment planned, if it meets with the
Court's views, is that I shall continue as far as I may
within two days of this week on the detailed story as to
Aggressive War; that thereupon we shall alter the
presentation and present some other matters coming under
Count 1. Then, following the British Chief Prosecutor's
opening on Monday of next week, we shall continue jointly
with the Chapters on Poland, Russia, and Japan, as parts of
both Count 1 and Count 2. While that may not be strictly
logical it seems to us the best method to proceed with under
the circumstances.
I turn now to the period of 1933 to 1936, a period
characterised by an orderly, planned sequence of
preparations for war. This is the period covered by
Paragraphs 1 and 2 of IV (F) of the Indictment. This may be
found at Page 7 of the printed English text of the
Indictment.
The essential character of this period was the formulation
and execution of the plan to rearm and to re-occupy and
fortify the Rhineland in violation of the Treaty of
Versailles and other treaties, in order to acquire military
strength and political bargaining power to be used against
other nations.
Hitler's own eloquence in a secret speech delivered to all
supreme commanders on 23rd November, 1939, at 12.00 hours,
is sufficient to characterise this phase of the Nazi
conspiracy. This document comes to hand as a captured
document found in the OKW files - OKW is Ober Kommando der
Wehrmacht, the High Command of the Army, Chief of the High
Command of the Armed Forces - and was captured at Flensburg.
The document is numbered 789-PS in our numbered series of
documents.
I have in my hand, if the Court please, the German original
of this document in the condition in which it was captured,
and I wish to offer the document in evidence and have it
given the proper serial number as the United States
Prosecutor's exhibit. The serial number, I understand, is
exhibit USA 23. I would ask that the German text of the
original be handed to the interpreters, the German
interpreters.
If the Court please, understanding the ruling just made by
the presiding Justice, although I have offered the entire
document, it is a very long speech, and I shall not read it
into the record in its entirety. Of course, as the Presiding
Judge said, defence counsel may insert any other parts of it
as they wish.
I shall begin reading at the beginning, and read a little
more than half of the first page in the English text. I am
advised that the German original is marked with a blue
pencil at the point where I shall stop reading. I will read
the English translation:
The purpose of this conference is to give you an idea of
the world of my thoughts, which takes charge of me, in the face of future events, and to tell you my decisions.
The building up of our armed forces was only possible in
connection with the ideological - the German word is "
weltanschaulich" - "education of the German people by
the Party." [Page 154]
That long document contains other material of great
interest. It may be that we shall advert to other portions
of it later. At this point, however, I have simply
[Page 155]
Another captured document is sufficient to demonstrate the
preparations for war in which the Nazi conspirators were
engaged during this period. I refer to a top secret letter
dated 24th June, 1935, from General von Brauchitsch to the
Supreme Commanders of the Army, Navy and Air Forces.
Attached to that letter is a copy of a secret Reich Defence
law of 21st May, 1935, and a copy of a decision of the Reich
Cabinet of 21st May, 1935, on the Council for the defence of
the Reich.
These documents were captured in the OKW files at
Fechenheim. This group of documents is numbered 2261-PS in
our numbered series of documents. It seems to us one of the
most significant evidences of secret and direct preparations
for aggressive war.
I gave expression to a typographical error. That was General
von Blomberg instead of Brauchitsch.
I have the original of these documents. I ask that they be
admitted into evidence as exhibit USA 24.
The top page of that document I shall read in full, which is
the letter signed "von Blomberg, Berlin, 24th June, 1935,
'Top Secret' " headed "The Reich Minister of War and Supreme
Commander of the Armed Forces, No. 1820/35 Top Secret L
IIa."
In the appendix I transmit one copy each of the law for
the defence of the Reich of the 21st May, 1935, and of a
decision of the Reich Cabinet of 21st May, 1935,
concerning the Reich Defence Council. The publication of
the Reich's Defence Law is temporarily suspended by
order of the Fuehrer and Reich Chancellor.
The Fuehrer and Reich Chancellor has nominated the
President of the Directorate of the Reichsbank, Dr.
Schacht, to be Plenipotentiary-General for war economy.
I request that the copies of the Reich's Defence Law
needed within the units of the Armed Forces, be ordered
before 1st July, 1935, at Armed Forces Office (L) where
it is to be established with the request that the law
should only be distributed down to Corps Headquarters
outside of the Reich Ministry of War.
I point out the necessity of strictest secrecy once
more." [
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(Part 1 of 7)
"November 23rd, 1939, 12.00 hours. Conference with the
Fuehrer, to which all supreme Commanders are ordered.
The Fuehrer gives the following speech:
"When I started my political task" - I am quoting again -
"in 1919, my strong belief in final success was based on a
thorough observation of the events of the day and the study
of the reasons for their occurrence. Therefore, I never lost
my belief in the midst of setbacks which were not spared me
during my period of struggle. Providence has had the last
word and brought me success. On top of that, I had a clear
recognition of the probable course of historical events, and
the firm will to make brutal decisions. The first decision
was in 1919 when I, after long internal conflict, became a
politician and took up the struggle against my enemies. That
was the hardest of all decisions. I had, however, the firm
belief that I would arrive at my goal. First of all, I
desired a new system of selection. I wanted to educate a
minority which would take over the leadership. After 15
years I arrived at my goal, after strenuous struggles and
many setbacks. When I came to power in 1933, the period of
the most difficult struggle lay behind me. Everything
existing before that had collapsed. I had to reorganise
everything, beginning with the mass of the people, and
extending it to the armed forces. First, reorganisation of
the interior, abolishment of appearances of decay and
defeatist ideas, education to heroism. While reorganising
the interior, I undertook the second task: to release
Germany from its international ties. Two particular
characteristics are to be pointed out: secession from the
League of Nations and denunciation of the Disarmament
Conference. It was a hard decision. The number of prophets
who predicted that it would lead to the occupation of the
Rhineland, was large, the number of believers was very
small. I was supported by the nation, which stood firmly
behind me, when I carried out my intentions. After that the
order for rearmament. Here again there were numerous
prophets who predicted misfortunes, and only a few
believers. In 1935 the introduction of compulsory armed
service. After that the militarisation of the Rhineland,
again a process believed to be impossible at that time. The
number of people who put trust in me was very small. Then -
beginning of the fortification of the whole country,
especially in the West.
One year later, Austria came" - I suppose he meant Austria
went - "this step also was considered doubtful. It brought
about a considerable reinforcement of the Reich. The next
step was Bohemia, Moravia and Poland. This step also was not
possible to accomplish in one campaign. First of all, the
Western fortification had to be finished. It was not
possible to reach the goal in one effort. It was clear to me
from the first moment that I could not be satisfied with the
Sudeten-German territory. That was only a partial solution.
The decision to march into Bohemia was made. Then followed
the erection of the Protectorate, and with that the basis
for the action against Poland was laid, but I wasn't quite
clear at that time whether I should start first against the
East and then in the West, or vice versa."
There are some curious antitheses of thought in that speech,
as in most of Adolf Hitler's speeches. In one sentence he
combines guidance by Providence with the making of brutal
decisions. He constantly speaks of how very few people were
with him, and yet of how the mass of the German people were
with him. But he does give a brief summary of the gist of
what is contained in the allegations of our Indictment, to
which I have invited your attention: the organisation of the
mass of the people, then extending to the armed forces, and
the various brutal decisions that he did make, about which
history knows.
To: The Supreme Commander of the Army
Signed by "von Blomberg." Underneath that is an endorsement
"Berlin. 3rd September, 1935; No. 1820/35 L Top Secret II a.
To Defence-Economic Group C-3, copy transmitted (signed)
Jodl."
The Supreme Commander of the Navy
The Supreme Commander of the Air Forces