Chapter VI: Section 128: of the Criminal Code of 1871 is especially pertinent. It (2)

“The _Hoheitstraeger_ of the Party are not to be administrative
officials * * * but are to move in a continuous vital contact
with the Political Leaders of the population within their
sector. The _Hoheitstraeger_ are responsible for the proper and
good supervision of all members of the nation within their
sectors * * *.

“The Party intends to achieve a state of affairs in which the
individual German will find his way to the Party * * *.”
(_1893-PS_)

The distinctive character of the _Politischer Leiter_ (Political Leaders) constituting the _Hoheitstraeger_, and their existence and operation as an identifiable group, are indicated by the publication of a magazine, entitled _Der Hoheitstraeger_, whose distribution was limited by regulation of the Reich Organization Leader to the _Hoheitstraeger_ and certain other designated _Politischer Leiter_. The inside cover of this exclusive Party magazine reads as follows:

“_DER HOHEITSTRAEGER_, the contents of which is to be handled
confidentially, serves only for the orientation of the competent
leaders. It may not be loaned out to other persons * * *” [then
follows a list of the Hoheitstraeger and other Political Leaders
authorized to receive the magazine.] (_2660-PS_)

The magazine states that, in addition, the following were entitled to receive it:

“Commandants, Unit Commanders and Candidates of Order Castles;
the Reich, Shock Troop and _Gaue_ Speakers of the NSDAP; the
Lieutenant Generals and Major Generals of SA, SS, NSFK, and
NSKK; Lieutenant Generals and Major Generals of the HJ.”
(_2660-PS_)

The fact that this magazine existed, that it derived its name from the Commanding Officers of the Leadership Corps, that it was distributed to the elite of the Leadership Corps—that a House Bulletin was circulated down the command channels of the Leadership Corps—demonstrates that the Leadership Corps of the Nazi Party was an identifiable group or organization within the meaning of Article 9 of the Charter.

An examination of the contents of the magazine _Der Hoheitstrager_ reveals a continuing concern by the Leadership Corps of the Nazi Party in measures and doctrines which were employed throughout the course of the conspiracy. The plans and policies of the inner elite of the Leadership Corps gain clarity through a random sampling of articles published and policies advocated in various issues of the magazine _Der Hoheitstrager_. From February 1937 to October 1938 these included the following: anti-Semitic articles, attacks on Catholicism and the Christian religion and clergy; the need for motorized armament; the urgent need for expanded _Lebensraum_ and colonies; persistent attacks on the League of Nations; the use of the Block and Cell in achieving favorable votes in Party plebiscites; the intimate association between the _Wehrmacht_ and the Political Leadership; the racial doctrines of Fascism; the cult of “leadership”; the role of the _Gaue_, _Ortsgruppen_, and _Zellen_ in the expansion of Germany; and related matters.

(_a_) _Organization of Political Leaders._ The Political Leaders were organized according to the leadership principle (_1893-PS_):

“The basis of the Party organization is the Fuehrer thought. The
public is unable to rule itself either directly or indirectly *
* * All Political Leaders stand as appointed by the Fuehrer and
are responsible to him. They possess full authority toward the
lower echelons * * * Only a man who has absorbed the school of
subordinate functions within the Party has a claim to the higher
Fuehrer offices. We can only use Fuehrers who have served from
the ground up. Any Political Leader who does not conform to
these principles is to be dismissed or to be sent back to the
lower offices, as _Blockleiter_, _Zellenleiter_ for further
training * * *

“The Political Leader is not an office worker but the Political
Deputy of the Fuehrer * * * Within the Political Leadership, we
are building the Political Leadership of the state * * * The
type of the Political Leader is not characterized by the office
which he represents. There is no such thing as a Political
Leader of the NSBO, etc., but there is only the Political Leader
of the NSDAP.” (_1893-PS_)

Each Political Leader was sworn in yearly. According to the Party Manual (_1893-PS_), the wording of the oath was as follows:

“I pledge eternal allegiance to Adolf Hitler. I pledge
unconditional obedience to him and the Fuehrers appointed by
him.” (_1893-PS_)

The Organization Book of the NSDAP also provides:

“The Political Leader is inseparably tied to the ideology and
the organization of the NSDAP. His oath only ends with his death
or with his expulsion from the National Socialist community.”
(_1893-PS_)

(_b_) _Appointment of Political Leaders._ The appointment of the political leaders constituting the Leadership Corps of the Nazi Party proceeded as follows, according to the Party Manual:

“The Fuehrer appointed the following Political Leaders:

“a. All _Reichsleiter_ and all Political Leaders within the
_Reichsleitung_ [Reich Party Directorate], including women’s
leaders.

“b. All _Gauleiter_, including the Political Leaders holding
offices in the _Gauleitung_ [Gau Party Directorate], including
_Gau_ women leaders.

“c. All _Kreisleiter_.

“The _Gauleiter_ appointed:

“a. The Political Leaders and women’s leaders within the _Gau_
Party Directorate.

“b. The Political Leaders and directors of women’s leagues in
the _Kreis_ Party Directorate.

“c. All _Ortsgruppenleiter_.

“The _Kreisleiter_ appoints the Political Leaders and the
Directors of the Women’s Leagues of the _Ortsgruppen_ including
the Block and Cell Leaders.” (_1893-PS_)

_c._ Power _of Hoheitstraeger to Call Upon Party Formations_. The _Hoheitstraeger_ among the Leadership Corps were entitled to call upon and utilize the various Party Formations as necessary for the execution of Nazi Party policies.

The Party Manual makes it clear that the _Hoheitstrager_ has power and authority to requisition the services of the SA:

“The _Hoheitstrager_ is responsible for the entire political
appearance of the Movement within his zone. The SA leader of
that zone is tied to the directives of the _Hoheitstrager_ in
that respect.

“The _Hoheitstrager_ is the ranking representative of the Party
to include all organizations within his zone. He may requisition
the SA located within his zone from the respective SA leader if
they are needed for the execution of a political mission. The
_Hoheitstrager_ will then assign the mission to the SA * * *

“Should the _Hoheitstrager_ need more SA for the execution of
political mission than is locally available, he then applies to
the next higher office of sovereignty which, in turn, requests
the SA from the SA office in his sector.” (_1893-PS_)

The _Hoheitstrager_ also had the same authority to call upon the services of the SS and NSKK (_1893-PS_).

The _Hoheitstrager_ further, had authority to call upon the services of the Hitler Youth (HJ):

“The Political Leader has the right to requisition the HJ in the
same manner as the SA for the execution of a political action.

“In appointing leaders of the HJ and the DJ, the office of the
HJ must procure the approval of the _Hoheitstrager_ of his zone.
This means that the _Hoheitstrager_ can prevent the appointment
of leaders unsuited for the leadership of youth. If his approval
has not been procured, an appointment may be cancelled if he so
requests.” (_1893-PS_)

An example of the use of the Party Formations at the call of the Leadership Corps of the Party is provided by the action taken by the _Reichsleiter_ for Party Organization of the NSDAP, Dr. Robert Ley, leading to the deliberate dissolution of the Free Trade Unions on 2 May 1933. A directive issued by _Reichsleiter_ Ley on 21 April 1933 (_392-PS_) ordered the employment of the SA and the SS in occupying trade union properties and in taking trade union leaders into protective custody:

“* * * SA as well as SS are to be employed for the occupation of
trade union properties and for the taking of personalities who
come into question into protective custody.

“The _Gauleiter_ (i.e. Regional Director) is to proceed with his
measures on a basis of the closest understanding with competent
Regional Factory Cells Director. * * *

* * * * * *

“The following are to be taken into protective custody:

“All Trade Union Chairmen; the District Secretaries and the
Branch Directors of the ‘Bank for Workers, Employees and
Officials, Inc.’” (_392-PS_)

A decree issued by Hess as Deputy of the Fuehrer, dated 25 October 1934, underwrites the authority of the _Hoheitstrager_ with respect to the Party Formations:

“The political leadership within the Party and its political
representation towards all offices, State or others, which are
outside of the Party, lie solely and exclusively with the
_Hoheitstrager_, which is to say with me, the _Gauleiter_,
_Kreisleiter_, and _Ortsgruppenleiter_ * * *.

“The departmental workers of the Party organization, as well as
_Reichsleiter_, office directors, etc., as well as the leaders
of the SA, SS, HJ and the subordinate affiliations, may not
enter into binding agreements of a political nature with State
and other offices except when so authorized by their
_Hoheitstrager_.

“In places where the territories of the units of the SA, SS, HJ
and the subordinate affiliations do not coincide with the zones
of the _Hoheitstrager_, the _Hoheitstrager_ will give his
political directives to the ranking leader of each unit within
his zone of sovereignty.” (_2474-PS_)

It was the official policy of the Leadership Corps to establish close and cooperative relations with the Gestapo. The Head of the German Police and SS, Himmler, was a _Reichsleiter_ on the top level of the Leadership Corps. A decree issued by Bormann, as Chief of Staff of the Deputy of the Fuehrer, dated 26 June 1935, provided the following:

“In order to effect a closer contact between the offices of the
Party and its organizations with the Directors of the Secret
State Police [Gestapo], the Deputy of the Fuehrer requests that
the Directors of the Gestapo be invited to attend all of the
larger official rallies of the Party and its organization.”

(_d_) _Meetings of the Political Leaders._ The contention of the Prosecution that the members of the Leadership Corps constituted a distinctive and identifiable group or organization is strongly supported by the fact that the various _Hoheitstraeger_ (such as the _Gauleiter_, _Kreisleiter_, _Ortsgruppenleiter_, and so on) were under an absolute obligation to meet and confer periodically, not only with the staff officers on their own staffs, but with the political leaders and staff officers immediately subordinate to them. For example, the _Gauleiter_ was bound to confer with his staff officers (such as his deputy, his staff office leader, his organization leader, school leader, propaganda leader, press leader, his _Gau_ Party Judge, and so on) every 8 to 14 days. Furthermore, the _Gauleiter_ was obligated to meet with the various _Gauleiter_ subordinate to him once every 3 months for a 3-day convention for the purpose of discussing and clarifying Nazi Party policies and directives, for hearing basic lectures on Party policy, and for the mutual exchange of information pertinent to the Party’s current program. The _Gauleiter_ was also obligated to meet at least once a month with the leaders of the Party formations and affiliated organizations within his _Gau_ area, such as the leaders of the SA, SS, Hitler Youth and others. These matters are set forth in the _Organization Book of the NSDAP_ (_1893-PS_) as follows:

“Leader conferences in the District:

“(a) District Leaders (_Gauleiter_) with his staff every 8 to 14
days.

“(b) It is further absolutely necessary that the directors of
the _Gau_ offices will meet with the county directors of their
district once every three months for a three-day convention
(possibly at a district schooling castle) where they will have
an opportunity to overcome difficulties of personal and
professional nature, apart from hearing fundamental lectures, by
social gatherings in the presence of the bearer of the
sovereignty, by getting to know each other and by a mutual
exchange of ideas. Participation in these conferences is
compulsory and duty would not constitute an excuse under any
circumstances.

“(c) The arrangement of social meeting in the presence of
leaders of the organizations of RAD and NSFK of the respective
zone of sovereignty. In the course of these meetings differences
of opinion may be straightened out in discussions.

“(d) The bearer of sovereignty will meet at least once a month
with the leaders of the SA, SS, NSKK, HJ, as well as the RAD and
the NSFK who are within the zone for the purpose of mutual
orientation.” (_1893-PS_)

The _Organization Book of the Party_ imposes a similar requirement of regular and periodical conferences and meetings upon all the other _Hoheitstraeger_, including the _Kreisleiter_, _Ortsgruppenleiter_, _Zellenleiter_, and _Blockleiter_.

The clear consequence of such regular and obligatory conferences and meetings by all the _Hoheitstraeger_, both with their own staff officers and with the political leaders and staff officers subordinate to them, was that basic Nazi policies and directives issued by Hitler and the leader of the Party Chancellery, Bormann, directly through the chain of command of the _Hoheitstraeger_, and functional policies issued by the various _Reichsleiter_ and Reich office holders through functional and technical channels, were certain to be brought to the attention and understanding of the bulk of the membership of the Leadership Corps. When this fact is coupled with the further fact that all the members of the Leadership Corps under the Leadership Principle and their sworn oaths, were bound to obey blindly and without question orders received from their competent superiors, it is clear that the general membership of the Leadership Corps is responsible for measures taken or ordered by that organization in furtherance of the conspiracy.

(7) _Statistics Relating to the Leadership Corps._ As previously shown, the Leadership Corps comprised the sum of officials of the Nazi Party, including, in addition to Hitler and the members of the _Reichsleitung_, such as the _Reichsleiter_ and the Reich office holders, a hierarchy of _Hoheitstraeger_ (ranging from the _Gauleiter_ down to the _Blockleiter_) as well as the staff officers attached to the _Hoheitstraeger_. According to page 10 of issue No. 8, 1939 of the authoritative publication of the Leadership Corps, “_Der Hoheitstrager_,” there were in 1939:

40 _Gaue_ and 1 Foreign
Organization _Gau_ each led by a _Gauleiter_.
808 _Kreise_ each led by a _Kreisleiter_.
28,376 _Ortsgruppen_ each led by a _Ortsgruppenleiter_.
89,378 _Zellen_ each led by a _Zellenleiter_.
463,048 _Blocke_ each led by a _Blockleiter_.
(_2958-PS_)

However, as shown by previous evidence, the Leadership Corps was composed not only of the _Hoheitstraeger_ (such as _Gauleiter_, _Kreisleiter_, _Ortsgruppenleiter_, _Zellenleiter_, and _Blockleiter_) but also of the staff officers or office holders attached to these _Hoheitstraeger_. The _Gauleiter_, for example, was assisted by a deputy _Gauleiter_, several _Gau_ inspectors, and a staff which was divided into main offices (_Hauptamter_) and offices (_Amter_), including such departments as the _Gau_ staff Office, Treasury, Education Office, Propaganda Office, Press Office, University Teachers, Communal Policy, etc. As previously shown in evidence, the staff office structure of the _Gau_ was substantially represented in the lower levels of the Leadership Corps organization such as the _Kreise_, _Ortsgruppen_, and so on. The _Kreise_ and the smaller territorial areas of the Party were also organized into staff offices dealing with the various activities of the Leadership Corps. But, of course, the importance and the number of such staff offices diminished as the unit dropped in the hierarchy; so that, while the _Kreisleiter_ staff contained all or most of the departments mentioned for the _Gau_, the _Ortsgruppe_ had fewer departments and the lower ones fewer still.

Firm figures have not been found as to the total number of staff officers, as distinguished from the _Hoheitstraeger_ or political commanders themselves included within the Leadership Corps.

It is the view of the prosecution that in defining the scope and composition of the Leadership Corps, staff officers should be included only down to and including the _Kreise_. Upon this basis, the Leadership Corps of the Nazi Party constituted the Fuehrer, the members of the _Reichsleitung_, the 5 levels of _Hoheitstraeger_ (ranging from _Gauleiter_ down through the _Blockleiter_), and the staff officers attached to the 40-odd _Gauleiter_ and the eight to nine hundred _Kreisleiter_. Adopting this definition of the Leadership Corps, it will be seen that the total figure for the membership of that organization, based upon the statistics cited from the basic handbook for Germany, amounts to around 700,000.

It is true that this figure is based upon an admittedly limited view of the size of the membership of the Leadership Corps of the Nazi Party; for the evidence has shown that the Leadership Corps in effect embraced staff officers attached to the subordinate _Hoheitstraeger_, and inclusion of such staff officers in the estimation of the size of the Leadership Corps would have very considerably enlarged the final figure estimated to a total of 2,000,000. The Prosecution, however, proposes to exclude such subordinate staff officers for the reason that their participation in and responsibility for the Conspiracy were measurably less extensive than those of the staff officers and office holders on the higher levels of the Leadership Corps. The subordinate staff officers thus excluded were responsible functionally to the higher staff officers with respect to their particular specialty, such as propaganda, Party organization, and so on, and to their respective _Hoheitstraeger_ with respect to discipline and policy control. Likewise, such higher staff officers participated in planning and policy discussions, and also issued orders through technical channels to lower staff officers.

B. _Participation of the Leadership Corps in the Conspiracy._

The Program of the Nazi Party, proclaimed by Hitler, the Fuehrer of the Leadership Corps, on 24 February 1920 (_1708-PS_), contained the chief elements of the Nazi plan for domination and conquest. The first point required the incorporation of all Germans into a Greater German Reich. Point 2 demanded unilateral abolition of the Peace Treaties of Versailles and St. Germain. Point 3 stated the demand for “land and soil” (colonies). Point 4 proclaimed the Nazi doctrines of racial discrimination and anti-Semitism. Point 6 proclaimed the fight against the democratic-parliamentary system, as follows:

“* * * We demand that every public office, of any sort,
whatsover, whether in the Reich, the county or municipality, be
filled only by citizens. We combat the corrupting parliamentary
economy, office-holding only according to Party inclinations
without consideration of character or abilities.” (_1708-PS_)

Point 22 expressed the Nazi plans and policies for rearmament as follows:

“We demand the abolition of the mercenary troops and formation
of a National Army.” (_1708-PS_)

The official Party Program declares on its face that:

“The program is the political foundation of the NSDAP and
accordingly the primary political law of the State * * *

“All legal precepts are to be applied in the spirit of the Party
Program.

“Since the taking over of control, the Fuehrer has succeeded in
the realization of the essential portions of the Party Program
from the fundamentals to the details.

“The Party Program of the NSDAP was proclaimed on 24 February
1920 by Adolf Hitler at the first large Party gathering in
Munich and since that day has remained unaltered * * * The
National Socialist philosophy is summarized in 25 points.”
(_1708-PS_)

As previously stated, the Party Program was binding upon the Political Leaders of the Leadership Corps, and they were under a duty to support and carry out that Program. As the Party Manual puts it:

“The Commandments of the National Socialists:

“The Fuehrer is always right * * *.

“The Program be your dogma.

“It demands your utter devotion to the Movement * * *.

“Right is what serves the Movement and thus Germany.

* * * * * *

“* * * Leader Corps is responsible for the complete penetration
of the German Nation with the National Socialist spirit * * *.”
(_1893-PS_)

The oath of the Political Leader to Hitler has been previously referred to. In connection therewith, the Party Manual provides:

“The Political Leader is inseparably tied to the ideology and
the organization of the NSDAP. His oath only ends with his death
or with his expulsion from the National Socialist community.”
(_1893-PS_)

While the leadership principle assured the binding nature of Hitler’s statements, program, and policies upon the entire Party and the Leadership Corps, the leadership principle also established the full responsibility of the individual Political Leader within the province and jurisdiction of his office or position.

The leadership principle applied not only to Hitler as the supreme leader, but also to the Political Leaders under him, and thus permeated the entire Leadership Corps:

“The basis of the Party Organization is the Fuehrer thought * *
* All Political Leaders stand as appointed by the Fuehrer and
are responsible to him. They possess full authority toward the
lower echelons * * *.” (_1893-PS_)

The various _Hoheitstraeger_ of the Leadership Corps were, in their respective areas of responsibility, themselves _Fuehrer_:

“Within their sector of sovereignty, the _Hoheitstraeger_
(_Gauleiter_, _Kreisleiter_, _Ortsgruppenleiter_,
_Zellenleiter_, _Blockleiter_) have sovereign political rights *
* * They are responsible for the entire political situation
within their sector * * *” (_1893-PS_)

As stated in the _Organization Book of the NSDAP_

“The Party is an order of ‘Fuehrer’.” (_1814-PS_)

The subjection of the entire membership of the Leadership Corps to the fiat of the Fuehrer Principle is clearly shown in the following passage from the Party Manual:

“* * * a solid anchorage for all the organizations within the
party structure is provided and a firm connection with the
sovereign leaders of the NSDAP is created in accordance with the
Fuehrer Principle.” (_1814-PS_)

(1) _Domination and Control of the German State and Government by the Nazi Party, directed by the Leadership Corps._ On 23 March 1933 the Reichstag enacted a law conferring power on the Reich Cabinet to legislate on its own authority (_2001-PS_). Prominent members of the Leadership Corps of the Nazi Party were members of the Reich Cabinet. The presence of _Reichsleiter_ and other prominent members of the Leadership Corps in the Cabinet facilitated the domination of the Cabinet by the Nazi Party and the Leadership Corps. For example, a decree of 13 March 1933 established the Ministry of Public Enlightenment and Propaganda. The head of this ministry was Goebbels, who simultaneously was _Reichsleiter_ for Propaganda of the NSDAP (_2029-PS_). Examples of personal union between high officials in the Leadership and Cabinet membership existed in the case of the Food Minister, the Chief of the German Police, the Reich Labor Leader, the Chief of the Party Organization in Foreign Countries, and the Reich Youth Fuehrer (_2473-PS_). Moreover, the majority of the Reich Ministries were occupied by leading old Party Members. All Reich Ministers were accepted by the Party on 30 January 1937 and were decorated with the Golden Party Insignia. (_1774-PS_)

A law of 14 July 1933 outlawed and forbade the formation of any political parties other than the Nazi Party and made violation of this decree a punishable crime. Thereby the one party State was established and the Leadership Corps was rendered immune from the opposition of organized political groups. This Law Against the Formation of New Political Parties reads as follows:

“The National Socialist German Workers’ Party constitutes the
only political party in Germany. Whoever undertakes to maintain
the organizational structure of another political party or to
form a new political party will be punished with penal servitude
up to three years or with imprisonment of from six months to
three years, if the deed is not subject to a greater penalty
according to other regulations.” (_1388-PS_)

A law was enacted on 20 July 1933 providing for the dismissal of officials who belonged to the Communist Party or who were otherwise active in furthering the aims of Communism. The law also provided for the dismissal of those who were in the future active for Marxism, Communism, or Social Democracy (Law to Supplement the Law for the Restoration of the Professional Civil Service, 20 July 1933, (1933 _Reichsgesetzblatt_, Part I, page 518)). (_1398-PS_)

On 13 October 1933 a “law to guarantee public peace” was enacted which provided, _inter alia_, that the death penalty or other severe punishment should be imposed upon any person who—

“* * * undertakes to kill a member of the SA or the SS, a
trustee or agent of the NSDAP * * * out of political motives or
on account of their official activity.” (_1394-PS_)

On 1 December 1933 a law was enacted “to secure the unity of Party and State.” This law provided that the Nazi Party was the pillar of the German State, and was linked to it indissolubly; it also made the Deputy of the Fuehrer (then Hess) and the Chief of Staff of the SA (then Roehm) members of the Reich Cabinet (_1395-PS_). The pertinent provisions of this law read as follows:

“After the victory of the National Socialist Revolution, the
National Socialistic German Labor Party is the bearer of the
concept of the German State and is inseparably the State. It
will be a part of the public law. Its organization will be
determined by the Fuehrer * * *.

“The Deputy of the Fuehrer and the Chief of Staff of the SA will
become members of the Reich Government in order to insure close
cooperation of the offices of the Party and SA with the public
authorities * * *.” (_1395-PS_)

This law was a basic measure in enthroning the Leadership Corps in a position of supreme political power in Germany. For it laid it down that the Party, directed by the Leadership Corps, was the embodiment of the State and, in fact, was the State. Moreover, this law made both the Fuehrer’s Deputy and the Chief of Staff of the SA, which was a Party Formation subject to the call of the _Hoheitstraeger_, Cabinet Members. Thus, the Leadership Corps’ control of the Cabinet was further solidified. The dominant position of the Leadership Corps is further revealed by the provision that the Reichs-Chancellor would issue the regulations carrying out this law in his capacity as Fuehrer of the Nazi Party. The fact that Hitler, as Fuehrer of the Leadership Corps, could promulgate rules which would have statutory force and be published in the _Reichsgesetzblatt_, the proper compilation for State enactments, is but a further reflection of the reality of the Party’s domination of the German State.

In a declaration to the 1935 Party Congress at Nurnberg, Hitler stated:

“It is not the State which gives orders to us, it is we who give
orders to the State.” (_2775-PS_)

That categorical statement of the Fuehrer of the Leadership Corps affirms the dominance of Party over State which the evidence makes undeniably clear.

On 30 June 1934 Hitler, as Head of the Nazi Party, directed the massacre of hundreds of SA-men and other political opponents. Hitler sought to justify these mass murders by declaring to the Reichstag that “at that hour I was responsible for the fate of the German nation and supreme judge of the German people.” (The evidence relating to these events is discussed in Section 4, infra.) On 3 July 1934 the Cabinet issued a decree describing the murders of 30 June 1934, in effect, as legitimate self-defense by the State. By this law the Reich Cabinet made themselves accessories after the fact of these murders. The domination of State by Party, however, makes the Cabinet’s characterization of these criminal acts by Hitler and his top Party Leaders as state measures consistent with political reality. The single article of the law of 3 July 1934 reads as follows:

“The measures taken on 30 June and 1 and 2 July 1934 to
counteract attempt at treason and high treason shall be
considered as national emergency defense.” (_2057-PS_)

On 12 July 1934 there was enacted a law defining the function of the Academy for German law:

“Closely connected with the agencies competent for legislation,
it [the Academy] shall further the realization of the National
Socialist program in the realm of the law.” (_1391-PS_)

On 30 January 1933, Hitler, the Leader of the Nazi Party and Fuehrer of the Leadership Corps, was appointed Chancellor of the Reich. When President von Hindenburg died in 1934, the Fuehrer amalgamated in his person the offices of Chancellor and Reich President. (_2003-PS_)

By a decree of 20 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 authorized 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 unauthorized wearing of Party uniforms or symbols. (_1393-PS_)

By a law of 15 September 1934, the Swastika flag of the Party was made the official flag of the Reich (_2079-PS_). This law, enacted by the Reichstag, indicates on its face that it issued from Nurnberg on the Party Day of 15 September 1935. Article 2 of this law reads as follows:

“The Reich and National flag is the swastika flag.” (_2079-PS_) The Swastika was the flag and symbol of the Leadership Corps of the Nazi Party. The law making it the flag of the State constituted a recognition that the Party and its Corps of Political Leaders were the sovereign powers in Germany.

On 23 April 1936, a law was enacted granting amnesty for crimes which the offender had committed “in his eagerness to fight for the National Socialist Ideal.” (_1386-PS_)

In furtherance of the Conspiracy to acquire totalitarian control over the German people, a law was enacted on 1 December 1936, which incorporated the entire German youth within the Hitler Youth, thereby achieving a “total mobilization of German youth” (_1392-PS_). The law further provided that the task of educating the German youth through the Hitler Youth was entrusted to the _Reichsleiter_ of German Youth in the NSDAP. By this law a monopoly control over the entire German youth was placed in the hands of a top official, a _Reichsleiter_, of the Leadership Corps of the Nazi Party, the defendant von Schirach.

On 4 February 1938, the Fuehrer of the Leadership Corps of the NSDAP, Hitler, issued a decree in which he took over directly the command of the whole Armed Forces (_1915-PS_). In this decree, Hitler declared, in part, as follows:

“From now on, I take over directly the command of the whole
Armed Forces.” (_1915-PS_)

By the decree of 4 February 1938, Hitler became Supreme Commander of the Armed Forces. He was, at the time of its issuance, Fuehrer of the Leadership Corps of the Nazi Party. By virtue of the earlier law of 1 August 1934, he combined the office of Reich President with that of the Chancellorship. In the final result, therefore, Hitler was Supreme Commander of the Armed Forces, Head of the German State, and Fuehrer of the Nazi Party.

With respect to the foregoing point, the Party Manual (_1893-PS_) states as follows:

“* * * 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 30 January 1933.
The Fuehrer’s will is supreme in the Party.

“By authority of the law about the Chief of State of the German
Reich, dated 1 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 Party and State has been combined in
one hand. By desire of the Fuehrer, a plebiscite was conducted
on this law on 19 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.” (_1893-PS_)

A decree of 16 January 1942 provided that the Party should participate in legislation, official appointments, and promotions (_2100-PS_). The decree further provided that such participation should be undertaken exclusively by Bormann, Chief of the Party Chancellery and a _Reichsleiter_ of the Leadership Corps of the Nazi Party. The decree provided that the Chief of the Party Chancellery was to take part in the preparation of all laws and decrees issued by Reich authorities, including those issued by the Ministerial Council for Defense of the Reich, and to give his assent to those of the Laender and the Reich governors; all communications between State and Party authorities, unless within one _Gau_ only, were to pass through his hands. This decree is of crucial importance in demonstrating the ultimate control and responsibility imputable to the Leadership Corps for governmental policy and actions taken in furtherance of the conspiracy. (_2100-PS_)

On or about 26 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 recognized 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 recognize this asserted right. On 26 April 1942, the German Reichstag issued a decision in which full recognition was given to the rights which the Fuehrer had asserted (_1961-PS_). The Reichstag decreed as follows:

“At the proposal of the President of the Reichstag, on its
session of 26 April 1942, the greater German Reichstag has
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 Leader of the Party—the Fuehrer must be in
a position to force with all means at his disposal every German,
if necessary, whether he be common soldier or officer, low or
high official or judge, leading or subordinate official of the
Party, worker or employee—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, 26 April 1942.” (_1961-PS_)

Hitler himself perhaps best summarized the political realities of his Germany, in showing the domination of the German State and Government by the Leadership Corps and its following. The core of the matter was stated by Hitler in his speech to the Reichstag on 20 February 1938, when he declared in effect that every institution in Germany was under the direction of the Leadership Corps of the Nazi Party:

“National Socialism has given the German people that leadership
which as Party not only mobilizes the nation but also organizes
it, so that on the basis of the natural principle of selection,
the continuance of a stable political leadership is safeguarded
forever * * * 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 organizational structure which
guarantees its permanence for all future. The greatest guarantee
of the National Socialist revolution lies in the complete
domination of the Reich and all its institutions and
organizations, internally and externally by the National
Socialist Party. Its protection against the world abroad,
however, lies in its 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 authorized leader of this
Reich.” (_2715-PS_)

The supreme power which the Leadership Corps exercised over the German State and Government is sharply pointed up by an article published in the February 1939 issue of the authoritative magazine, “_Der Hoheitstrager_”. In this article, addressed to all _Hoheitstraeger_, the Leadership Corps is reminded that it has conquered the State and that it possesses absolute and total power in Germany. The article is significantly entitled, “Fight and Order—Not Peace and Order.” It trumpets forth, in the accents of Caesarism, the battle call of the Leadership Corps of German life:

“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 do you fight?
Outer-politically? You have the Wehrmacht—it will wage the
fight if it is required. Inner-politically? You have the law and
the police which can change everything which does not agree with
you.” (_3230-PS_)

In view of the domination of the German State and Government by the Nazi Party and the Leadership Corps thereof, as established by the foregoing evidence, the Leadership Corps is responsible for the measures, including legislative enactments, taken by the German State and Government in furtherance of the Conspiracy formulated and carried out by the co-conspirators and the organizations charged with criminality.

For example, as revealed by the above evidence, Point 4 of the original Party Program declared that a Jew was not a member of the German race and, therefore, was not entitled to citizenship. This premise was incorporated into the law of the Third Reich by numerous anti-Semitic and discriminatory laws. Consequently, it is submitted that, by virtue of their control over the German State and Government, the Nazi Party and the Leadership Corps share responsibility for, among other enactments and measures furthering the Conspiracy, discriminatory laws against the Jews.

(2) _Overt Acts and Crimes of the Leadership Corps._ The membership of the Leadership Corps of the Nazi Party actively participated in measures designed to further the progress of the Conspiracy. The evidence will show that the participation by the Leadership Corps in the Conspiracy embraces such measures as anti-Semitic activities, war crimes committed against members of the Allied forces, the forced labor program, measures to subvert and undermine the Christian religion and persecute the Christian clergy, the plundering and spoliation of cultural and other property in German-occupied territories of Europe, and plans and measures leading to the initiation and prosecution of aggressive war.

(_a_) _Crimes against Jews._ The _Gauleiter_ and _Kreisleiter_ participated in what were disingenuously described by the Nazis as the “spontaneous uprising of the people” against the Jews throughout Germany on 9 and 10 November 1938 in connection with the assassination of an official of the German Embassy in Paris on 7 November. (The evidence relating to these programs is discussed in Chapter XI on the concentration camps, and Chapter XII on the persecution of the Jews.) It will be recalled that in the teletyped directive from SS-Gruppenfuehrer Heydrich, issued on 10 November 1938, to all police headquarters and SD districts, all chiefs of the State Police were ordered to arrange with the political leaders in the _Gaue_ and _Kreise_ the organization of the so-called spontaneous demonstrations against the Jews (_3051-PS_). Pursuant to this directive, a large number of Jewish shops and businesses were pillaged and wrecked, synagogues were set on fire, individual Jews were beaten up, and large numbers were taken off to concentration camps. These events forcefully illustrate the employment and participation of all the _Kreisleiter_ and _Gauleiter_ in illegal measures designed to further the anti-Semitic program, which was an original and continuing objective of the Leadership Corps.

(_b_) _Crimes against Allied Airmen._ The members of the Leadership Corps of the Nazi Party participated in the murder, beating, and ill-treatment of American airmen who landed in German or German-controlled territory. American airmen who bailed out of disabled planes over Germany were not treated as prisoners of war, but were beaten and murdered by German civilians with the active condonence, indeed at the instigation of the Leadership Corps. Such a course of conduct by the Leadership Corps represented a deliberate violation by the German Government of its obligations, under the Geneva Prisoners of War Convention, to protect prisoners of war against acts of violence and ill-treatment.

Heinrich Himmler was a _Reichsleiter_ of the Nazi Party and thus a top official in the Leadership Corps by virtue of his positions as Reichsfuehrer of the SS and Delegate for German Folkdom (_2473-PS; Chart No. 1_). An order signed by Himmler (_R-110_), dated 10 August 1943, reads as follows:

“It is not the task of the police to interfere in clashes
between Germans and English and American terror fliers who have
bailed out.” (_R-110_)

This order was transmitted in writing to all senior executive SS and police officers, and orally to their subordinate officers and to all _Gauleiter_.

Joseph Goebbels was a top-flight official in the Leadership Corps of the Nazi Party by virtue of his position as Propaganda Leader of the Party (_2473-PS; Chart No. 1_). In the issue of the _Voelkischer Beobachter_ for 26/29 May 1944, there appeared an article written by Goebbels, the _Reichsleiter_ for Party Propaganda, in which he openly invited the German civil population to murder Allied fliers shot down over Germany (_1676-PS_). After alleging that Anglo-American pilots have engaged in machine gun attacks against civilians, Goebbels continues:

“It is only possible with the aid of arms to secure the lives of
enemy pilots who were shot down during such attacks, for they
would otherwise be killed by the sorely tried population. Who is
right here? The murderers who, after their cowardly misdeeds,
await a humane treatment on the part of their victims, or the
victims who wish to defend themselves according to the
principle: ‘An eye for an eye, a tooth for a tooth’? This
question is not hard to answer.” (_1676-PS_)

_Reichsleiter_ Goebbels then proceeds to answer his question in the following language:

“It seems to us hardly possible and tolerable to use German
police and soldiers against the German people when it treats
murderers of children as they deserve.” (_1676-PS_)

On 30 May 1944, Bormann, _Reichsleiter_ and Chief of the Party Chancellery, issued a circular letter on the subject which furnishes indisputable proof that British and American fliers who were shot down were lynched by the German population (_057-PS_). After alleging that in recent weeks English and American fliers had repeatedly shot children, women, peasants, and vehicles on the highway, Bormann then states:

“Several 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.”
(_057-PS_)

This letter of Bormann was distributed through the chain of command of the Leadership Corps of the Nazi Party. Express mention on the distribution list is made of _Reichsleiter_, _Gauleiter_, _Kreisleiter_, and leaders of the incorporated and affiliated organizations of the Party. Bormann requested that the local group leaders (_Ortsgruppenleiter_) be informed of the contents of his circular letter only by oral means. (_057-PS_)

The effect of _Reichsleiter_ Bormann’s circular letter may be seen in an order dated 25 February 1945 (_L-154_). This is an order from Albert Hoffman, an important member of the Leadership Corps by virtue of his position as _Gauleiter_ and National Defense Commissioner of the Gau Westfalen-South, and it is addressed to all County Councillors, mayors, and police officials, and to county leaders and county staff chiefs of the _Volkssturm_. The order reads as follows:

“Fighter bomber pilots who are shot down are not to be protected
against the fury of the people. I expect from all police
officers that they will refuse to lend their protection to these
gangster types. Authorities acting in contradiction to the
popular sentiment will have to account to me. All police and
gendarmerie officials are to be informed immediately of this, my
attitude.” (_L-154_)

The obligations of belligerents towards prisoners of war are clearly set forth in the Geneva Prisoners of War Convention of 27 July 1929, which was ratified by both Germany and the United States. Article Two of the Convention provides as follows:

“Prisoners of war are in the power of the hostile power, but not
of the individuals or corps who have captured them.

“They must at all times be humanely treated and protected,
particularly against acts of violence, insults and public
curiosity.

“Measures of reprisal against them are prohibited.” (_3738-PS_)

The Geneva Prisoners of War Convention clearly imposes upon its signatories the strict obligation to protect prisoners of war from violence. The evidence just discussed shows that the German State flagrantly violated its obligations under that Convention to protect captured airmen who were shot down in German hands. The evidence also proves that the entire hierarchy of the Leadership Corps of the Nazi Party participated in the conspiracy to incite the German civil population to murder Allied airmen and also ordered police and Party officials to take no steps to secure the safety of these airmen.

(_c_) _Crimes against Foreign Labor and Civilians in Occupied Areas._ Alfred Rosenberg and Robert Ley were both _Reichsleiter_ of the NSDAP. (_2473-PS_)

An agreement was concluded between the Reich Minister for the Occupied Eastern Territories, _Reichsleiter_ Rosenberg, and the Director of the German Labor Front, _Reichsorganisationleiter_ 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, concerning a “central inspection for the care of foreign workers” (_1913-PS_). The purpose of the two agreements was to coordinate activities of the organizations concerned with respect to the administration of plants and camps in which foreign workers were employed. (_1914-PS_)

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 telegram to _Gauleiter_ urging them not to interfere in the liquidation of certain listed companies and banks under his supervision. Rosenberg emphasized to Bormann that any “delay of liquidation or * * * independent confiscation of the property by the _Gauleiter_ would impair or destroy an organized plan” for the liquidation of a vast amount of property. (_327-PS_)

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. He stated his realization 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 * * * Against this wave of enemy propaganda and cowardice
you need to know the true situation, and, for this reason, I
believe that I am justified in giving you a perfectly open and
uncovered account of the state of affairs * * *.” (_L-172_)

_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 _Wehrmacht_ relating to self-defense by German guard personnel and German contractors and workers against prisoners of war (_656-PS_). The order of the _Wehrmacht_ states that the question of treatment of prisoners of war is continually being discussed by _Wehrmacht_ and Party bureaus. The order states that should prisoners of war refuse to obey orders to work, the guard has “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 * * *.” (_656-PS_)

On 18 April 1944, Reich Commissar Lohse, Reich Minister for the Occupied Eastern 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 (_347-PS_). Lohse stated in this letter that “in 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 demands this.” Lohse further stated:

“* * * in contrast to the Germanic peoples of the West, military
education is no longer to be carried out through voluntary
enlistments but through _legal conscription_. The camps in
Estonia and Latvia * * * will have to be under German Leadership
and, as military education camps of the Hitler Youth, they must
be a symbol of our educational mission beyond Germany’s borders
* * * I consider the execution 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_)

The _Reichsfuehrer_ of the SS, as shown earlier, was a _Reichsleiter_ of the NSDAP (_2473-PS_). 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 measures.” (_1438-PS_)

This order related to the administration of the Sudeten-German territory.

In a letter dated 23 June 1943 (_407-VI-PS_) _Gauleiter_ and Plenipotentiary for the Direction of Labor, Fritz Sauckel, wrote to Hitler advising him of the success of the forced labor program as of that date. Sauckel stated:

“You can be assured that the District of Thueringen [_Gau_] and
I will serve you and our dear people with the employment of all
strength * * *.” (_407-VI-PS_)

On 1 September 1939, Hitler wrote a memorandum stating:

“_Reichsleiter_ Bouhler and Dr. Brandt, M.D., are charged with
the responsibility of enlarging the authority of certain
physicians to be designated by name in such a manner that
persons who, according to human judgment, are incurable can,
upon a most careful diagnosis of their condition of sickness, be
accorded a mercy death.

“(Signed) A. Hitler.” (_630-PS_)

A handwritten note on the face of the document states:

“Given to me by Bouhler on 27 August 1940, [signed] Dr.
Guertner.” (_630-PS_)

In a memorandum recording an agreement between himself and Himmler, the Minister of Justice Thierack stated that, on the suggestion of _Reichsleiter_ Bormann, an agreement had been reached between Himmler and himself with respect to “special treatment at the hands of the police in cases where judicial sentences are not severe enough” (_654-PS_). The agreement related 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.” (_654-PS_)

If the views of the Reich Fuehrer 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 possibly inform the Fuehrer * * *.

* * * * * *

“The delivery of antisocial elements from execution of their
sentence to the Reich Fuehrer of SS to be worked to death.
Persons under protective arrest, Jews, Gypsies, Russians and
Ukrainians, Poles with more than 3-year sentences, Czechs and
Germans with more than 8-year sentences, according to the
decision of the Reich Minister of Justice. First of all the
worst antisocial elements amongst those just mentioned are to be
handed over. I shall inform the Fuehrer of this through
Reichsleiter Bormann.” (_654-PS_)

With respect to the “administration of justice by the people,” the memorandum states:

“This is to be carried out step by step as soon as possible * *
* I shall rouse the Party particularly to cooperate in this
scheme by an article in the _Hoheitstrager_ [NSDAP publication]
* * *.” (_654-PS_)

At a meeting of the NSDAP in Kiev, the theory of the master race as the basis of German administrative policy in the East was expressed by Koch, Reich Commissioner for the Ukraine: