On the 30th June, 1934, Hitler, as head of the Nazi Party, directed the massacre of hundreds of S.A. men and other political opponents. Hitler sought to

[Page 33]

On the 3rd July, 1934, the Cabinet issued a decree describing the murders and the massacre of 30th June, 1934, in effect, as legitimate self-defence by the State. By this law the Reich Cabinet moved to make themselves accessories after the fact of these murders. The domination by the Party, however, makes the Cabinet's characterisation of these criminal acts by Hitler and his top Party leaders as State measures, consistent with political reality. I refer now to Document 2057-PS, which is the English translation of the Law Relating to the National Emergency Defence Measures of 3rd July, 1934, in the Reichsgesetzblatt of that year, Part I, Page 529, and I quote the single article of that law, which reads as follows: That is Document 2057. This still has reference to the blood purge:--

"The measures taken on 30th June and 1st and 2nd July, 1934, to counteract attempt at treason and high treason shall be considered as national emergency defence."

"Closely connected with the agencies competent for legislation, it" -- the Academy -- "shall further the realisation of the National Socialist programme in the realm of the law."

By decree of the 20th December, 1934, Party uniforms and institutions were granted the same protection as those of the State. This law was entitled "Law Concerning Treacherous Acts Against the State and Party and for the Protection of Party Uniforms." This law imposed heavy penalties upon any person making false statements injuring the welfare or prestige of the Nazi Party or its agencies. It authorised the imprisonment of persons making or circulating malicious or baiting statements against leading personalities of the Nazi Party, and it provided punishment by forced labor for the unauthorised wearing of Party uniforms or symbols. I again refer to Document 1393, not quoting, which is the English translation and gives the authority.

Finally, by the law of 15th September, 1934, the swastika flag of the Party was made the official flag of the Reich. I refer to Document 2079, which is the English translation of the Reich Flag Law, found in Reichsgesetzblatt 1935, Part I, Page 1145. Just this one sentence -- the quotation:--

"The Reich and National flag is the swastika flag."

On 23rd April, 1936, a law was enacted granting amnesty for crimes which

[Page 34]

In furtherance of the conspiracy to acquire totalitarian control over the German people, a law was enacted on 1st. December, 1936, which incorporated the entire German youth within the Hitler Youth, thereby achieving total mobilisation of the German youth. I cite Document 1392, containing that law, 1936, Reichsgesetzblatt, Part I, Page 993. The law further provided that the task of educating the German youth through the Hitler Youth was entrusted to the Reichsleiter of the German youth in the N.S.D.A.P. By this law a monopoly control over the entire German youth was placed in the hands of the top official, a Reichsleiter, of the Leadership Corps of the Nazi Party, the defendant Von Schirach.

On 4th February, 1938, the Fuehrer of the Leadership Corps of the Nazi Party, Hitler, issued a decree in which he took over direct command of the whole German Armed Forces. I cite Document 1915-PS, 1939 Reichsgesetzblatt, Part I, Page 111. Hitler says:--

"From now on, I take over directly the command of the whole Armed Forces.

With respect to this, the Party Manual states as follows, and I quote from Page 19 of Document 1893-PS:--

"The Fuehrer created the National Socialist German Workers' Party. He filled it with his spirit and his will, and with it he conquered the power of the State on 30th January, 1933. The Fuehrers will is supreme in the Party.

By authority of the law about the Chief of State of the German Reich, dated 1st August, 1934, the office of the Reich President has been combined with that of the Reich Chancellery. Consequently, the powers heretofore possessed by the Reich President were transferred to the Fuehrer, Adolf Hitler. Through this law, the conduct of the Party and State has been combined in one hand. By desire of the Fuehrer, a plebiscite was conducted on this law on 19th August, 1934. On this day, the German people chose Adolf Hitler to be their sole leader. He is responsible only to his conscience and to the German nation."

[Page 35]

On or about the 26th April, 1942, Hitler declared in a speech that, in his capacity as leader of the nation, Supreme Commander of the Armed Forces, Supreme Head of the Government, and as Fuehrer of the Party, his right must be recognised to compel with all means at his disposal, every German, whether soldier, judge, State official, or party official, to fulfill his desire. He demanded that the Reichstag officially recognise this asserted right, and on the 26th April, 1942, the Reichstag issued a decision in which full recognition was given to the rights of the Fuehrer which I have just asserted. I cite Document 1961-PS, which is the English translation of that decision, found in 1942 Reichsgesetzblatt, Part I, Page 247. I quote:--

"At the proposal of the President of the Reichstag, on its session of 26th April, 1942, the greater German Reichstag has unanimously approved of the rights which the Fuehrer has postulated in his speech, with the following decision:--

There can be no doubt that in the present war, in which the German people is faced with a struggle for its existence or annihilation, the Fuehrer must have all the rights postulated by him which serve to further or achieve victory. Therefore, without being bound by existing legal regulations, in his capacity as Leader of the Nation, Supreme Commander of the Armed Forces, Governmental Chief and Supreme Executive Chief, as Supreme Justice and as Leader of the Party, the Fuehrer must be in the position to force with all means at his disposal every German, if necessary, whether he be a common soldier or officer, low or high, official or judge, leading or subordinate official of the Party, worker or employer, to fulfill his duties. In case of violation of these duties, the Fuehrer is entitled, after conscientious examination, regardless of so- called well-deserved rights, to mete out due punishment and to remove the offender from his post, rank and position without introducing prescribed procedures.

At the order of the Fuehrer, this decision is hereby made public. Berlin, 26th April, 1942."

I cite as the prosecution's final exhibit in support of the proposition that the Leadership Corps dominated the German State with resulting responsibility, Document 2715-PS, which is the book containing Hitler's speech to the Reichstag on the 20th February, 1938, as reported in 'Das Archiv', Volume 47, February 1938, Pages 1441 and 1442. I quote a brief excerpt from Document 2715-PS; and introduce it as Exhibit USA 331:--

"National Socialism has given the German people that leadership which as Party not only mobilises the nation but also organizes it, so that on the basis of the natural principle of selection, the continuance of a

[Page 36]

stable political leadership is safeguarded for ever. National Socialism possesses Germany entirely and completely since the day when, five years ago, I left the house in Wilhelmsplatz as Reich Chancellor. There is no institution in this State which is not National Socialist. Above all, however, the National Socialist Party in these five years not only has made the nation National Socialist, but also has given itself that perfect organisational structure which guarantees its performance for all the future. The greatest guarantee of the National Socialist revolution lies in the complete domination of the Reich and all of its institutions and organisations, internally and externally, by the National Socialist Party. Its protection against the world abroad, however, lies in the new National Socialist Armed Forces. In this Reich, anybody who has a responsible position is a National Socialist. Every institution of this Reich is under the orders of the supreme political leadership. The Party leads the Reich politically, the Armed Forces defend it militarily. There is nobody in any responsible position in this state who doubts that I am the authorised leader of this Reich."

"Fight? Why do you always talk of fighting? You have conquered the State, and if something does not please you, then just make a law and regulate it differently. Why must you always talk of fighting? For you have every power. Over what grounds do you fight? Outer- political? You have the Wehrmacht -- it will wage the fight if fight is required. Inner-political? You have the law and the police which can change everything with which you do not agree."

THE PRESIDENT: Is this a good time to break off?

COLONEL STOREY: Yes, Sir.

(A recess was taken.)

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