Chapter VII: The evidence hereinafter taken up is limited to proving the (2)

│ │ │
Document │ Description │ Vol. │ Page
│ │ │
│Charter of the International Military │ │
│ Tribunal, Article 9. │ I │ 6
│International Military Tribunal, │ │
│ Indictment Number 1, Section IV (H);│ │
│ Appendix B. │ I │ 29, 69
│ ———— │ │
│Note: A single asterisk (*) before a │ │
│document indicates that the document │ │
│was received in evidence at the │ │
│Nurnberg trial. A double asterisk (**)│ │
│before a document number indicates │ │
│that the document was referred to │ │
│during the trial but was not formally │ │
│received in evidence, for the reason │ │
│given in parentheses following the │ │
│description of the document. The USA │ │
│series number, given in parentheses │ │
│following the description of the │ │
│document, is the official exhibit │ │
│number assigned by the court. │ │
│ ———— │ │
*004-PS │Report submitted by Rosenberg to │ │
│Deputy of the Fuehrer, 15 June 1940, │ │
│on the Political Preparation of the │ │
│Norway Action. (GB 140) │ III │ 19
│ │ │
*057-PS │Circular letter from Bormann to │ │
│Political Leaders, 30 May 1944, │ │
│concerning justice exercised by people│ │
│against Anglo-American murderers. (USA│ │
│329) │ III │ 102
│ │ │
*064-PS │Bormann’s letter to Rosenberg, 27 │ │
│September 1940, enclosing letter from │ │
│Gauleiter Florian criticizing churches│ │
│and publications for soldiers. (USA │ │
│359) │ III │ 109
│ │ │
070-PS │Letter of Deputy Fuehrer to Rosenberg,│ │
│25 April 1941, on substitution of │ │
│National Socialist mottos for morning │ │
│prayers in schools.(USA 349) │ III │ 118
│ │ │
*071-PS │Rosenberg letter to Bormann, 23 April │ │
│1941, replying to Bormann’s letter of │ │
│19 April 1941 (Document 072-PS). (USA │ │
│371) │ III │ 119
│ │ │
*072-PS │Bormann letter to Rosenberg, 19 April │ │
│1941, concerning confiscation of │ │
│property, especially of art treasures │ │
│in the East. (USA 357) │ III │ 122
│ │ │
*089-PS │Letter from Bormann to Rosenberg, 8 │ │
│March 1940, instructing Amann not to │ │
│issue further newsprint to │ │
│confessional newspapers. (USA 360) │ III │ 147
│ │ │
*090-PS │Letter from Rosenberg to Schwarz, 28 │ │
│January 1941, concerning registration │ │
│and collection of art treasures. (USA │ │
│372) │ III │ 148
│ │ │
*098-PS │Bormann’s letter to Rosenberg, 22 │ │
│February 1940, urging creation of │ │
│National Socialist Catechism, etc. to │ │
│provide moral foundation for NS │ │
│religion. (USA 350) │ III │ 152
│ │ │
*100-PS │Bormann’s letter to Rosenberg, 18 │ │
│January 1940, urging preparation of │ │
│National Socialist reading material to│ │
│replace Christian literature for │ │
│soldiers. (USA 691) │ III │ 160
│ │ │
*101-PS │Letter from Hess’ office signed │ │
│Bormann to Rosenberg, 17 January 1940,│ │
│concerning undesirability of religious│ │
│literature for members of the │ │
│Wehrmacht. (USA 361) │ III │ 160
│ │ │
107-PS │Circular letter signed Bormann, 17 │ │
│June 1938, enclosing directions │ │
│prohibiting participation of │ │
│Reichsarbeitsdienst in religious │ │
│celebrations. (USA 351) │ III │ 162
│ │ │
*116-PS │Bormann’s letter to Rosenberg, │ │
│enclosing copy of letter, 24 January │ │
│1939, to Minister of Education │ │
│requesting restriction or elimination │ │
│of theological faculties. (USA 685) │ III │ 165
│ │ │
*122-PS │Bormann’s letter to Rosenberg, 17 │ │
│April 1939, enclosing copy of Minister│ │
│of Education letter, 6 April 1939, on │ │
│elimination of theological faculties │ │
│in various universities. (USA 362) │ III │ 173
│ │ │
*136-PS │Certified copy of Hitler Order, 29 │ │
│January 1940, concerning establishment│ │
│of “Hohe Schule”. (USA 367) │ III │ 184
│ │ │
*137-PS │Copy of Order from Keitel to │ │
│Commanding General of Netherlands, 5 │ │
│July 1940, to cooperate with the │ │
│Einsatzstab Rosenberg. (USA 379) │ III │ 185
│ │ │
*141-PS │Goering Order, 5 November 1940, │ │
│concerning seizure of Jewish art │ │
│treasures. (USA 368) │ III │ 188
│ │ │
*145-PS │Order signed by Rosenberg, 20 August │ │
│1941, concerning safeguarding the │ │
│cultural goods in the Occupied Eastern│ │
│Territories. (USA 373) │ III │ 189
│ │ │
*149-PS │Hitler Order, 1 March 1942, │ │
│establishing authority of Einsatzstab │ │
│Rosenberg. (USA 369) │ III │ 190
│ │ │
*154-PS │Letter from Lammers to high State and │ │
│Party authorities, 5 July 1942, │ │
│confirming Rosenberg’s powers. (USA │ │
│370) │ III │ 193
│ │ │
315-PS │Note of a meeting held in the Reich │ │
│Ministry for Enlightenment and │ │
│Propaganda, 10 March 1943, concerning │ │
│treatment of foreign workers employed │ │
│in the Reich. │ III │ 251
│ │ │
*327-PS │Letter of Rosenberg to Bormann, 17 │ │
│October 1944, concerning liquidation │ │
│of property in Eastern Occupied │ │
│Territories. (USA 338) │ III │ 257
│ │ │
*347-PS │Letter from Lohse to Reich Youth │ │
│Leader Axmann, 18 April 1944. (USA │ │
│340) │ III │ 267
│ │ │
*374-PS │TWX Series of Orders signed by │ │
│Heydrich and Mueller, issued by │ │
│Gestapo Headquarters Berlin, 9-11 │ │
│November 1938, concerning treatment of│ │
│Jews. (USA 729) │ III │ 277
│ │ │
*392-PS │Official NSDAP circular entitled “The │ │
│Social Life of New Germany with │ │
│Special Consideration of the German │ │
│Labor Front”, by Prof. Willy Mueller │ │
│(Berlin, 1938). (USA 326) │ III │ 380
│ │ │
405-PS │Law Concerning Trustees of Labor, 19 │ │
│May 1933. 1933 Reichsgesetzblatt, Part│ │
│I, p. 285. │ III │ 387
│ │ │
*407-V and VI-PS│Letter from Sauckel to Hitler, 15 │ │
│April 1943, concerning labor │ │
│questions. (USA 209; USA 228) │ III │ 391
│ │ │
*630-PS │Memorandum of Hitler, 1 September │ │
│1939, concerning authorization of │ │
│mercy killings. (USA 342) │ III │ 451
│ │ │
*654-PS │Thierack’s notes, 18 September 1942, │ │
│on discussion with Himmler concerning │ │
│delivery of Jews to Himmler for │ │
│extermination through work. (USA 218) │ III │ 467
│ │ │
656-PS │Letter, undated, from Bormann to │ │
│Political leaders, enclosing Order of │ │
│Supreme Command of the Wehrmacht, 29 │ │
│January 1943, relating to self-defense│ │
│against prisoners of war. (USA 339) │ III │ 470
│ │ │
*840-PS │Party Directive, 14 July 1939, making │ │
│clergy and theology students │ │
│ineligible for Party membership. (USA │ │
│355) │ III │ 606
│ │ │
*848-PS │Gestapo telegram from Berlin to │ │
│Nurnberg, 24 July 1938, dealing with │ │
│demonstrations against Bishop Sproll │ │
│in Rottenburg. (USA 353) │ III │ 613
│ │ │
*849-PS │Letter from Kerrl to Minister of │ │
│State, 23 July 1938, with enclosures │ │
│dealing with persecution of Bishop │ │
│Sproll. (USA 354) │ III │ 614
│ │ │
*1058-PS │Excerpt from a speech, 20 June 1941, │ │
│by Rosenberg before people most │ │
│intimately concerned with Eastern │ │
│Problem, found in his “Russia File”. │ │
│(USA 147) │ III │ 716
│ │ │
*1117-PS │Goering Order, 1 May 1941, concerning │ │
│establishment of Einsatzstab Rosenberg│ │
│in all Occupied Territories. (USA 384)│ III │ 793
│ │ │
1118-PS │Letter from Rosenberg to Goering, 18 │ │
│June 1942, and related correspondence.│ III │ 793
│ │ │
*1130-PS │Note, 11 April 1943, and report of │ │
│speech by Koch in Kiev on 5 March │ │
│1943, concerning treatment of civilian│ │
│population in Ukraine. (USA 169) │ III │ 797
│ │ │
*1164-PS │Secret letter, 21 April 1942, from SS │ │
│to all concentration camp commanders │ │
│concerning treatment of priests. (USA │ │
│736) │ III │ 820
│ │ │
1386-PS │Law concerning the granting of │ │
│amnesty, 23 April 1936. 1936 │ │
│Reichsgesetzblatt, Part I, p. 378. │ III │ 960
│ │ │
1388-PS │Law concerning confiscation of │ │
│Property subversive to People and │ │
│State, 14 July 1933. 1933 │ │
│Reichsgesetzblatt, Part I, p. 479. │ III │ 962
│ │ │
1389-PS │Law creating Reich Labor Service, 26 │ │
│June 1935. 1935 Reichsgesetzblatt, │ │
│Part I, p. 769. │ III │ 963
│ │ │
1391-PS │Statute of the Academy for German Law,│ │
│2 July 1934. 1934 Reichsgesetzblatt, │ │
│pp. 605-607. │ III │ 970
│ │ │
1392-PS │Law on the Hitler Youth, 1 December │ │
│1936. 1936 Reichsgesetzblatt, Part I, │ │
│p. 993. │ III │ 972
│ │ │
1393-PS │Law on treacherous attacks against │ │
│State and Party, and for the │ │
│Protection of Party Uniforms, 20 │ │
│December 1934. 1934 Reichsgesetzblatt,│ │
│Part I, p. 1269. │ III │ 973
│ │ │
1394-PS │Law to guarantee Public Peace, 13 │ │
│October 1933. 1933 Reichsgesetzblatt, │ │
│Part I, p. 723, Art. 1-3. │ III │ 976
│ │ │
1395-PS │Law to insure the unity of Party and │ │
│State, 1 December 1933. 1933 │ │
│Reichsgesetzblatt, Part I, p. 1016. │ │
│(GB 252) │ III │ 978
│ │ │
1397-PS │Law for the reestablishment of the │ │
│Professional Civil Service, 7 April │ │
│1933. 1933 Reichsgesetzblatt, Part I, │ │
│p. 175. │ III │ 981
│ │ │
1398-PS │Law to supplement the Law for the │ │
│restoration of the Professional Civil │ │
│Service, 20 July 1933. 1933 │ │
│Reichsgesetzblatt, Part I, p. 518. │ III │ 986
│ │ │
1402-PS │The Homestead Law of 29 September │ │
│1933. 1933 Reichsgesetzblatt, Part I, │ │
│p. 685. │ III │ 990
│ │ │
1412-PS │Decree relating to payment of fine by │ │
│Jews of German nationality, 12 │ │
│November 1938. 1938 Reichsgesetzblatt,│ │
│Part I, p. 1579. │ IV │ 6
│ │ │
1415-PS │Police regulation concerning │ │
│appearance of Jews in public, 28 │ │
│November 1938. 1938 Reichsgesetzblatt,│ │
│Part I, p. 1676. │ IV │ 6
│ │ │
1416-PS │Reich Citizen Law of 15 September │ │
│1935. 1935 Reichsgesetzblatt, Part I, │ │
│p. 1146. │ IV │ 7
│ │ │
*1417-PS │First regulation to the Reichs │ │
│Citizenship Law, 14 November 1935. │ │
│1935 Reichsgesetzblatt, Part I, p. │ │
│1333. (GB 258) │ IV │ 8
│ │ │
1419-PS │Law concerning Jewish tenants, 30 │ │
│April 1939. 1939 Reichsgesetzblatt, │ │
│Part I, p. 864. │ IV │ 10
│ │ │
1422-PS │Thirteenth regulation under Reich │ │
│Citizenship Law, 1 July 1943. 1943 │ │
│Reichsgesetzblatt, Part I, p. 372. │ IV │ 14
│ │ │
1438-PS │Fuehrer concerning administration of │ │
│Sudeten-German territory, 22 October │ │
│1938. 1938 Reichsgesetzblatt, Part I, │ │
│p. 1453. │ IV │ 17
│ │ │
*1481-PS │Gestapo order, 20 January 1938, │ │
│dissolving and confiscating property │ │
│of Catholic Youth Women’s Organization│ │
│in Bavaria. (USA 737) │ IV │ 50
│ │ │
*1517-PS │Memorandum from Rosenberg concerning │ │
│discussion with the Fuehrer, 14 │ │
│December 1941. (USA 824) │ IV │ 55
│ │ │
**1654-PS │Law of 16 March 1935 reintroducing │ │
│universal military conscription. 1935 │ │
│Reichsgesetzblatt, Part I, p. 369. │ │
│(Referred to but not offered in │ │
│evidence.) │ IV │ 163
│ │ │
1662-PS │Order eliminating Jews from German │ │
│economic life, 12 November 1938. 1938 │ │
│Reichsgesetzblatt, Part I, p. 1580. │ IV │ 172
│ │ │
1665-PS │Order concerning treatment of property│ │
│of Nationals of the former Polish │ │
│State, 17 September 1940. 1940 │ │
│Reichsgesetzblatt, Part I, p. 1270. │ IV │ 173
│ │ │
1674-PS │Second decree for the execution of the│ │
│law regarding the change of surnames │ │
│and forenames, 17 August 1938. 1938 │ │
│Reichsgesetzblatt, Part I, p. 1044. │ IV │ 185
│ │ │
*1676-PS │Speech concerning the enemy air terror│ │
│by Reichsminister Dr. Goebbels, 28-29 │ │
│March 1944. Voelkischer Beobachter. │ │
│(USA 334) │ IV │ 186
│ │ │
*1678-PS │Speech of Dr. Robert Ley. Documents of│ │
│German Politics, Vol. V, pp. 373, 376.│ │
│(USA 365) │ IV │ 190
│ │ │
*1708-PS │The Program of the NSDAP. National │ │
│Socialistic Yearbook, 1941, p. 153. │ │
│(USA 255; USA 324) │ IV │ 208
│ │ │
*1774-PS │Extracts from Organizational Law of │ │
│the Greater German Reich by Ernst │ │
│Rudolf Huber. (GB 246) │ IV │ 349
│ │ │
*1814-PS │The Organization of the NSDAP and its │ │
│affiliated associations, from │ │
│Organization book of the NSDAP, │ │
│editions of 1936, 1938, 1940 and 1943,│ │
│pp. 86-88. (USA 328) │ IV │ 411
│ │ │
*1815-PS │Documents on RSHA meeting concerning │ │
│the study and treatment of church │ │
│politics. (USA 510) │ IV │ 415
│ │ │
1817-PS │Bureau for factory troops, from │ │
│Organization Book of the NSDAP, 1936 │ │
│edition, p. 211. │ IV │ 457
│ │ │
1855-PS │Extract from Organization Book of the │ │
│NSDAP, 1937, p. 418. │ IV │ 495
│ │ │
1861-PS │Law on the regulation of National │ │
│labor, 20 January 1934. 1934 │ │
│Reichsgesetzblatt, Part I, p. 45. │ IV │ 497
│ │ │
*1893-PS │Extracts from Organization Book of the│ │
│NSDAP, 1943 edition. (USA 323) │ IV │ 529
│ │ │
*1913-PS │Agreement between Plenipotentiary │ │
│General for Arbeitseinsatz and German │ │
│Labor Front concerning care of │ │
│non-German workers. 1943 │ │
│Reichsgesetzblatt, Part I, p. 588. │ │
│(USA 227) │ IV │ 547
│ │ │
*1914-PS │Extracts from Decrees, Regulations, │ │
│Announcements, 1943 Edition, Part I, │ │
│pp. 318-319. (USA 336) │ IV │ 550
│ │ │
1915-PS │Decree concerning leadership of Armed │ │
│Forces, 4 February 1938. 1938 │ │
│Reichsgesetzblatt, Part I, p. 111. │ IV │ 552
│ │ │
1939-PS │Speech by Ley published in Forge of │ │
│the Sword, with an introduction by │ │
│Marshal Goering, pp. 14-17. │ IV │ 581
│ │ │
1940-PS │Fuehrer edict appointing Ley leader of│ │
│German Labor Front. Voelkischer │ │
│Beobachter, Munich (Southern German) │ │
│edition, p. 1. │ IV │ 584
│ │ │
1961-PS │Decision of the Greater German │ │
│Reichstag, 26 April 1942. 1942 │ │
│Reichsgesetzblatt, Part I, p. 247. │ IV │ 600
│ │ │
1964-PS │Decree of the Fuehrer regarding │ │
│special jurisdiction of Reich Minister│ │
│of Justice, 20 August 1942. 1942 │ │
│Reichsgesetzblatt, Part I, p. 535. │ IV │ 601
│ │ │
2000-PS │Law for protection of German blood and│ │
│German honor, 15 September 1935. 1935 │ │
│Reichsgesetzblatt, Part I, No. 100, p.│ │
│1146. │ IV │ 636
│ │ │
2001-PS │Law to Remove the Distress of People │ │
│and State, 24 March 1933. 1933 │ │
│Reichsgesetzblatt, Part I, p. 141. │ IV │ 638
│ │ │
2003-PS │Law concerning the Sovereign Head of │ │
│the German Reich, 1 August 1934. 1934 │ │
│Reichsgesetzblatt, Part I, p. 747. │ IV │ 639
│ │ │
2016-PS │Order concerning the jurisdiction of │ │
│SS courts and Police courts in the │ │
│Protectorate Bohemia and Moravia, 15 │ │
│July 1942. 1942 Reichsgesetzblatt, │ │
│Part I, p. 475. │ IV │ 649
│ │ │
2029-PS │Decree establishing the Reich Ministry│ │
│of Public Enlightenment and │ │
│Propaganda, 13 March 1933. 1933 │ │
│Reichsgesetzblatt, Part I, p. 104. │ IV │ 652
│ │ │
2057-PS │Law relating to National Emergency │ │
│Defense Measures of 3 July 1934. 1934 │ │
│Reichsgesetzblatt, Part I, p. 529. │ IV │ 699
│ │ │
2079-PS │Reich Flag Law of 15 September 1935. │ │
│1935 Reichsgesetzblatt, Part I, p. │ │
│1145. │ IV │ 707
│ │ │
2100-PS │Decree on position of leader of Party │ │
│Chancellery, 24 January 1942. 1942 │ │
│Reichsgesetzblatt, Part I, p. 35. │ IV │ 726
│ │ │
2118-PS │Police decree on identification of │ │
│Jews, 1 September 1941. 1941 │ │
│Reichsgesetzblatt, Part I, p. 547. │ IV │ 750
│ │ │
2120-PS │Law on passports of Jews, 5 October │ │
│1938. 1938 Reichsgesetzblatt, Part I, │ │
│p. 1342. │ IV │ 754
│ │ │
2224-PS │The End of the Marxist Class Struggle,│ │
│published in National Socialist Party │ │
│Press Agency, 2 May 1933, pp. 1-2. │ │
│(USA 364) │ IV │ 864
│ │ │
2225-PS │The Front of German Workers has been │ │
│Erected, published in National │ │
│Socialist Party Press Agency, 3 May │ │
│1933, p. 1. │ IV │ 868
│ │ │
2230-PS │Agreement between Ley and Lutze, chief│ │
│of staff of SA, published in │ │
│Organization Book of NSDAP, 1938, pp. │ │
│484-485b, 486c. │ IV │ 871
│ │ │
2270-PS │Coordination of Cooperatives, │ │
│published in National Socialist Party │ │
│Press Agency release of 16 May 1933. │ IV │ 938
│ │ │
2271-PS │The National Socialist Factory Cells │ │
│Organization, published in │ │
│Organization Book of NSDAP, pp. │ │
│185-187. │ IV │ 940
│ │ │
*2283-PS │The Fifth Day of the Party Congress, │ │
│from Voelkischer Beobachter, Munich │ │
│(Southern German) Edition, Issue 258, │ │
│14 September 1936. (USA 337) │ IV │ 971
│ │ │
2325-PS │Decree in execution of Article 118 of │ │
│German Municipal Order, 26 March 1935.│ │
│1935 Reichsgesetzblatt Part I, p. 470.│ IV │ 1034
│ │ │
2336-PS │Special Circular on Securing of │ │
│association of German Labor Front │ │
│against hidden Marxist sabotage, 27 │ │
│June 1933. │ IV │ 1052
│ │ │
*2349-PS │Extracts from “The Myth of 20th │ │
│Century” by Alfred Rosenberg, 1941. │ │
│(USA 352) │ IV │ 1069
│ │ │
*2473-PS │Extracts from National Socialist │ │
│Yearbook, 1943, showing party │ │
│positions of other Cabinet members in │ │
│1943. (USA 324) │ V │ 226
│ │ │
2474-PS │Directive of 25 October 1934, Decrees │ │
│of the Deputy of the Fuehrer, signed │ │
│by Hess. (USA 327) │ V │ 227
│ │ │
*2660-PS │Distribution Plan for Gaue, Kreise, │ │
│and Ortsgruppen, from The Bearers of │ │
│Sovereignty, 2nd Issue, 3rd Year, │ │
│February 1939. (USA 325) │ V │ 365
│ │ │
*2715-PS │Speech by Hitler to the Reichstag on │ │
│20 February 1938, published in The │ │
│Archive, February 1938, Vol. 47, pp. │ │
│1441-1442. (USA 331). │ V │ 376
│ │ │
*2775-PS │Hitler’s speech, published in Nurnberg│ │
│Party Congress, 1934. (USA 330) │ V │ 418
│ │ │
*2958-PS │Extract from The Statistics of the │ │
│NSDAP, Issue 8, 1939, p. 10. (USA 325)│ V │ 663
│ │ │
*3051-PS │Three teletype orders from Heydrich to│ │
│all stations of State Police, 10 │ │
│November 1938, on measures against │ │
│Jews, and one order from Heydrich on │ │
│termination of protest actions. (USA │ │
│240) │ V │ 797
│ │ │
*3063-PS │Letters of transmission enclosing │ │
│report about events and judicial │ │
│proceedings in connection with │ │
│anti-semitic demonstrations of 9 │ │
│November 1938. (USA 332) │ V │ 868
│ │ │
*3230-PS │Fight and Order—Not Peace and Order! │ │
│from the Bearer of Sovereignty, │ │
│February 1939, p. 15. (USA 325) │ V │ 937
│ │ │
*3268-PS │Allocution of His Holiness Pope Pius │ │
│XII, to the Sacred College, 2 June │ │
│1945. (USA 356) │ V │ 1038
│ │ │
3738-PS │Geneva Convention of 1929 relative to │ │
│treatment of Prisoners of War. │ VI │ 599
│ │ │
*D-75 │SD Inspector Bierkamp’s letter, 12 │ │
│December 1941, to RSHA enclosing copy │ │
│of secret decree signed by Bormann, │ │
│entitled Relationship of National │ │
│Socialism and Christianity. (USA 348) │ VI │ 1035
│ │ │
*D-728 │Circular, 15 March 1945, from NSDAP │ │
│Gauleitung Hessen-Nassau to the │ │
│“Kreis”-Leaders of the Gau, concerning│ │
│Action by the Party to keep Germans in│ │
│check until end of the War. (GB 282) │ VII │ 174
│ │ │
*L-154 │Letter from Hoffman, 25 February 1945,│ │
│concerning action to be taken against │ │
│pilots who are shot down. (USA 335) │ VII │ 904
│ │ │
*L-172 │“The Strategic Position at the │ │
│Beginning of the 5th Year of War”, a │ │
│lecture delivered by Jodl on 7 │ │
│November 1943 at Munich to Reich and │ │
│Gauleiters. (USA 34) │ VII │ 920
│ │ │
*L-221 │Bormann report on conference of 16 │ │
│July 1941, concerning treatment of │ │
│Eastern populations and territories. │ │
│(USA 317) │ VII │ 1086
│ │ │
*L-316 │RSHA Order of 5 November 1942, signed │ │
│by Streckenbach, concerning │ │
│jurisdiction over Poles and Eastern │ │
│Nationals. (USA 346) │ VII │ 1104
│ │ │
*R-101-A │Letter from Chief of the Security │ │
│Police and Security Service to the │ │
│Reich Commissioner for the │ │
│Consolidation of German Folkdom, 5 │ │
│April 1940, with enclosures concerning│ │
│confiscation of church property. (USA │ │
│358) │ VIII │ 87
│ │ │
R-101-C │Letter to Reich Leader SS, 30 July │ │
│1941, concerning treatment of church │ │
│property in incorporated Eastern │ │
│areas. (USA 358) │ VIII │ 91
│ │ │
*R-101-D │Letter from Chief of Staff of the │ │
│Reich Main Security Office (RSHA) to │ │
│Reich Leader SS, 30 March 1942, │ │
│concerning confiscation of church │ │
│property. (USA 358) │ VIII │ 92
│ │ │
*R-110 │Himmler order of 10 August 1943 to all│ │
│Senior Executive SS and Police │ │
│officers. (USA 333) │ VIII │ 107
│ │ │
*R-112 │Orders issued by Reich Commissioner │ │
│for the Consolidation of German │ │
│nationhood, 16 February 1942, 1 July │ │
│1942, 28 July 1942. (USA 309) │ VIII │ 108
│ │ │
*R-114 │Memoranda of conferences, 4 and 18 │ │
│August 1942, concerning directions for│ │
│treatment of deported Alsatians. (USA │ │
│314) │ VIII │ 122
│ │ │
*Chart No. 1 │National Socialist German Workers’ │ │
│Party. (2903-PS; USA 2) │ VIII │ 770

3. THE REICH CABINET

The Reich Cabinet, or _Reichsregierung_, unlike most of the other Nazi organizations, was not especially created by the Nazi Party to carry out or implement its purposes. The _Reichsregierung_ 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 well realized this fact. Their aim for totalitarian control over the State could not be secured, they realized, except by acquiring, holding, and utilizing the 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 _Reichsregierung_ became—at first gradually and then with more rapidity—polluted by the infusion of the Nazi conspirators sixteen of whom are accused in the Indictment. Its purpose came to be to clothe every scheme and purpose of the Party, however vile, with the semblance of legality.

A. _Composition and Nature of the Reichsregierung._

The term _Reichsregierung_ literally translated means “Reich Government”. Actually, 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 persons who were members of the Council of Ministers for the Defense of the Reich (_Ministerrat fuer die Reichsverteidigung_) and the Secret Cabinet Council (_Geheimer Kabinettsrat_). The most important body, however, was the ordinary cabinet. Between it and the other two groups there was in reality only an artificial distinction. There existed, in fact, a unity of personnel, action, function, and purpose that obliterated any academic separation. As used in the Indictment, the term “ordinary cabinet” means Reich Ministers, i.e., 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 Cabinet meetings. Altogether, 48 persons held positions in the ordinary cabinet. 17 of them have been indicted as defendants. Of the remaining 31, eight are believed to be dead.

(1) _The Ordinary Cabinet._ Into the ordinary cabinet were placed the leading Nazi trusted henchmen. Then, when new governmental agencies or bodies were created, either by Hitler or by the Cabinet itself, the constituents of these new bodies were taken from the rolls of the ordinary cabinet.

When the first Hitler Cabinet was formed on 30 January 1933, there were 10 ministries which could be classified as departments of the central government. This fact appears from the minutes of the first meeting of that cabinet, which were found in the files of the Reich Chancellery and bear the typed signature of one Weinstein, who is described in the minutes as “Responsible for the Protocol—Counsellor in the Ministry” (_351-PS_). The ten ministers who attended are set forth:

“Reichs Minister of Foreign Affairs (von Neurath); Reichs
Minister of the Interior (Frick); Reichs Minister of Finance
(Graf Schwerin von Krosigk); Reichs Minister of Economy; Reichs
Minister for Food and Agriculture (Dr. Hugenberg); Reichs
Minister of Labor (Seldte); Reichs Minister of Justice [no name
given; the post was filled two days later by Gurtner]; Reichs
Defense Minister (von Blomberg); the Reichs Postmaster General;
and Reichs Minister for Transportation (Freiherr von
Eltz-Ruebanach).” (_351-PS_)

In addition, Goering attended as Reichs Minister (he held no portfolio at that time) and Reichs Commissar for Aviation. Dr. Perecke attended as Reich Commissar for Procurement of Labor. Two state secretaries were present—Dr. Lammers of the Reichs Chancellery and Dr. Meissner of the Reich’s Presidential Chancellery. In addition, Funk was present as Reichs Press Chief, and von Papen was present as Deputy of the Reichs Chancellor and Reichs Commissar for the State of Prussia. (_351-PS_)

Not long afterwards new ministries or departments were created, into which leading Nazi figures were placed. On 13 March 1933, the Ministry of Popular Enlightenment and Propaganda was created, and Paul Josef Goebbels was named as Reich Minister of Popular Enlightenment and Propaganda (_2029-PS_). On 5 May 1933 the Ministry of Air (_2089-PS_), on 1 May 1934 the Ministry of Education (_2078-PS_), and on 16 July 1935 the Ministry for Church Affairs (_2090-PS_) were created. Goering was made Air Minister; Bernhard Rust, Gauleiter of South Hanover, was named Education Minister; and Hans Kerrl was named Minister for Church Affairs. Two Ministries were added after the war started. On 17 March 1940 the Ministry of Armaments and Munitions was established (_2091-PS_). Dr. Fritz Todt, a high party official, was appointed to this post. Speer succeeded him. The name of this department was changed to “Armaments and War Production” in 1943 (_2092-PS_). On 17 July 1941, when the seizure of Eastern territories was in progress, the Ministry for the Occupied Eastern Territories was created. There was no published decree for this act. A file found in the Presidential Chancellery contains a typewritten copy of the decree of Hitler establishing that post (_1997-PS_). The decree provides:

“Decree of the Fuehrer concerning the administration of the
newly-occupied Eastern Territories dated 17 July 1941.”

“In order to maintain public order and public life in the
newly-occupied Eastern territories I decree that:

“As soon as the military operations in the newly-occupied
territories are over, the administration of these territories
shall be transferred from the military establishments to the
civil-administration establishments. I shall from time to time
determine by special decree, the territories which according to
this are to be transferred to the civil administration and the
time when this is to take place.

“The Civil Administration in the newly occupied Eastern
territories, where these territories are not included in the
administration of the territories bordering on the Reich or the
General government, is subject to the ‘Reich Minister for the
Occupied Eastern territories.’

* * * * * *

“I appoint Reichsleiter Alfred Rosenberg as Reich Minister for
the Occupied Eastern Territories. He will hold office in
Berlin.” (_1997-PS_)

During the years 1933 to 1945, one ministry was dropped—the Ministry of Defense (later called War). This took place on 4 February 1938, when Hitler took over command of the whole Armed Forces. At the same time he created the office of the “Chief of the Supreme Command of the Armed Forces” or Chief of the OKW. This was held by Keitel. The decree accomplishing this change provides in part as follows:

“He [the Chief of the supreme command of the armed forces] is
equal in rank to a Reich Minister. At the same time, the supreme
command takes the responsibility for the affairs of the Reichs
Ministry of War, and by my order, the chief of the supreme
command of the Armed Forces exercises the authority formerly
belonging to the Reichs Minister.” (_1915-PS_)

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 departure of von Papen on 30 July 1934.

In addition to the heads of departments mentioned above, the ordinary cabinet also contained Reich Ministers without portfolio. Among these were Frank, Seyss-Inquart, Schacht (after he left the Economics Ministry), and von Neurath (after he was replaced as Ministry of the Interior). Other positions also formed an integral part of the cabinet. Those were the Deputy of the Fuehrer, Hess, and later his successor, the Leader of the Party Chancellery, Bormann; the Chief of Staff of the SA, Ernst Roehm, for the seven months prior to his assassination; the Chief of the Reich Chancellery, Lammers; and, as already mentioned, the Chief of the OKW, Keitel. These men had either the title or rank of Reich Minister.

The Cabinet also contained other functionaries, 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 Hermann Frank. In addition, as named in the Indictment, the ordinary cabinet included “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 these creations was that in most instances the new officials were given the right to participate in cabinet meetings. Among 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 Labor Leader; the Reich Youth Leader; the Chief of the Foreign Organization in the Foreign Office; the Reichsfuehrer SS and Chief of the German Police in the Reich Ministry of the Interior; the Prussian Finance Minister; and the Cabinet Press Chief. These posts and officials comprising the ordinary cabinet all appear on the chart entitled “Organization of the Reich Government,” and authenticated by Frick (_Chart Number 18_). The persons who held these posts in the ordinary cabinet varied between the years 1933 to 1945. Their names are listed in the chart (_Chart Number 18_), which discloses that 17 of these officials are defendants in these proceedings.

(2) _The Secret Cabinet Council._ Proof that there was only an artificial distinction between the ordinary cabinet, the Secret Cabinet Council, and the Council of Ministers for the Defense of the Reich, is shown by the unity of personnel among the three subdivisions. Thus, on 4 February 1938, Hitler created the Secret Cabinet Council (_2031-PS_):

“To advise me in conducting the foreign policy I am setting up a
secret cabinet council.

“As president of the secret cabinet council, I nominate:
Reichsminister Freiherr von Neurath

“As members of the secret cabinet council I nominate:
Reichsminister for Foreign Affairs, Joachim von Ribbentrop

Prussian Prime Minister, Reichsminister of the Air, Supreme
Commander of the Air Forces, General Field Marshall Hermann
Goering

The Fuehrer’s Deputy, Reichsminister Rudolf Hess

Reichsminister for the Enlightenment of the people and of
Propaganda, Dr. Joseph Goebbels

Reichsminister and Chief of the Reichs Chancellery Dr.
Hans-Heinrich Lammers

The Supreme Commander of the Army, General Walther von
Brauchitsch

The Supreme Commander of the Navy, Grand Admiral Dr. (honorary)
Erich Raeder

The Chief of the Supreme Command of the Armed Forces Lt. Gen.
Wilhelm Keitel.” (_2031-PS_)

It will be noted that every member of this group was either a Reichsminister or, as, in the case of the Army, Navy, and OKW heads, had the rank and authority of a Reich Minister.

(3) _The Council of Ministers for the Defense of the Reich._ On 30 August 1939 Hitler established the Council of Ministers for the Defense of the Reich (better known as the Ministerial Council). This was the so-called war cabinet. The decree establishing this Council provided (_2018-PS_):

“Article I

“(1) A Ministerial Council for Reich Defense shall be
established as a standing committee out of the Reich Defense
Council.

“(2) The standing members of the Ministerial Council for Reich
Defense shall include: General Field Marshall Goering as
chairman; Fuehrer’s Deputy [Hess]; Commissioner General (or
Plenipotentiary) for Reich Administration [Frick]; Commissioner
General (or Plenipotentiary) for Economy [Funk]; Reich Minister
and Chief of the Reich Chancellery [Dr. Lammers]; Chief of the
High Command for the Armed Forces [Keitel].

“(3) The chairman may draw on other members of the Reich Defense
Council including further personalities for advice.”
(_2018-PS_).

Again, all members of this group were also members of the ordinary Cabinet.

The Reich Defense Council, for secret war planning, was created by the Cabinet on 4 April 1933 (cf. the unpublished Reich Defense Law of 21 May 1935 (_2261-PS_)). The membership of that Council when first created is shown by the minutes of the second session of the working committee of the delegates for Reich Defense, dated 22 May 1933 and signed by Keitel (_EC-177_):

“_Composition of the Reich Defense Council_:
_President_: Reichs Chancellor
_Deputy_: Reichswehr Minister
_Permanent Members_: Minister of the:
Reichswehr
Foreign Affairs
Interior
Finance
Economic Affairs
Public Enlightenment and Propaganda
Air
Chief of the Army Command Staff
Chief of the Navy Command Staff

“Depending on the case: The remaining ministers, other
personalities, e.g., leading industrialists, etc.” (_EC-177_)

All but the Chiefs of the Army and Navy Command Staff were at that time members of the ordinary cabinet.

The composition of this Reich Defense Council was changed by an unpublished law on 4 September 1938, which provided as follows (_2194-PS_):

“* * * (2) The leader and Reich Chancellor is chairman in the
RVR. His permanent deputy is General Field Marshall Goering. He
has the right to call conferences of the RVR. Permanent members
of the RVR are

“The Reich Minister of Air and Supreme Commander of the Air Force,
The Supreme Commander of the Army,
The Supreme Commander of the Navy,
The Chief of the OKW,
The Deputy of the Fuehrer,
The Reich Minister and Chief of the Reich Chancellery,
The President of the Secret Cabinet Council,
The Chief Plenipotentiary for the Reich Administration,
The Chief Plenipotentiary for Economics,
The Reich Minister of Foreign Affairs,
The Reich Minister of the Interior,
The Reich Finance Minister,
The Reich Minister for Public Enlightenment and Propaganda,
The President of the Reichsbank Directorate.

“The other Reich Ministers and the Reich offices directly
subordinate to the Fuehrer and Reich Chancellor are consulted if
necessary. Further personalities can be called as the case
demands.” (_2194-PS_)

On that date all the members also belonged to the ordinary cabinet, for by that time the supreme commanders of the Army and Navy had been given ministerial rank and authorized to participate in cabinet meetings (_2098-PS_). It is also worth noting that two members of the Reich Defense Council also appear in the Ministerial Council under the same title—The Plenipotentiary for Administration, and the Plenipotentiary for Economy. The former post was held by Frick, while the latter was first held by Schacht and then by Funk. These facts are verified by Frick on the Nazi governmental organization chart (_Chart Number 18_). Many other ministries were subordinated to these two posts for war-planning aims and purposes. These two officials, together with the Chief of the OKW, formed a powerful triumvirate known as the “Three-Man College” (Frick, Funk, and Keitel) which figured prominently in war plans and preparations.

B. _Functions of the Reichsregierung._

The utilization of the ordinary cabinet as a manpower reservoir for other governmental agencies, the chronological development of the offshoots of the ordinary cabinet, and the cohesion between all of these groups, is apparent from the Nazi governmental organization chart (_Chart Number 18_). The chart shows the following offshoots of the ordinary cabinet: 1933, the Reich Defense Council; 1935, the Three-Man College; 1936, the Delegate for the Four Year Plan; 1938, the Secret Cabinet Council; 1939, The Ministerial Defense Council; and 1944, the Delegate for Total War Effort (Goebbels). In every case these important Nazi agencies were staffed with personnel taken from the ordinary cabinet.

(1) _The Ordinary Cabinet._ The unity, cohesion, and interrelationship of the sub-divisions of the _Reichsregierung_ was not the result of a co-mixture of personnel alone. It was also realized by the method in which it operated. The ordinary cabinet consulted together both by meetings and through the so-called circulation procedure. Under the latter procedure, which was chiefly used when meetings were not held, drafts of laws prepared in individual ministries were distributed to other cabinet members for approval or disapproval.

The man primarily responsible for the circulation of drafts of laws under this procedure was Dr. Lammers, the Leader and Chief of the Reich Chancellery. Lammers has described that procedure in an affidavit (_2999-PS_):

“* * * I was Leader of the Reich Chancellery (_Leiter der
Reichskanzlei_) from 30 January 1933 until the end of the war.
In this capacity I circulated drafts of proposed laws and
decrees submitted to me by the Minister who had drafted the law
or decree, to all members of the Reich Cabinet. A period of time
was allowed for objections, after which the law considered as
being accepted by the various members of the Cabinet. This
procedure continued throughout the whole war. It was followed
also in the Council of Ministers for Defense of the Reich
(_Ministerrat fuer die Reichsverteidigung_).” (_2999-PS_)

A memorandum dated 9 August 1943, which bears the facsimile signature of Frick and is addressed to the Reich Minister and Chief of the Reich Chancellery, illustrates how the circulation procedure worked (_1701-PS_). Attached to the memorandum is a draft of the law in question and a carbon copy of a letter dated 22 December 1943 from Rosenberg to the Reich Minister of the Interior, containing his comments on the draft:

“To the Reich Minister and Chief of the Reich Chancellery, in
_Berlin W8_.

“For the information of the other Reich ministers.

“Subj: Law on the treatment of enemies of the society.

“In addition to my letter of 19 March, 1942.

“_Enclosures: 55.—_

“After the draft of the law on the treatment of enemies of the
society has been completely rewritten, I am sending the enclosed
new draft with the consent of the Reich Minister of Justice, Dr.
Thierack, and ask that the law be approved in a circulatory
manner. The necessary number of prints is attached.” (_1701-PS_)

(2) _Council of Ministers for the Defense of the Reich._ The same procedure was followed in the Council of Ministers when that body was created. And the decrees of the Council of Ministers were also circulated to the members of the ordinary Cabinet. A memorandum found in the files of the Reich Chancellery and addressed to the members of the Council of Ministers, dated 17 September 1939, and bearing the typed signature of Dr. Lammers, Reich Minister and Chief of the Reich Chancellery, states (_1141-PS_):

“Matters submitted to the Council of Ministers for the Reich
Defense have heretofore been distributed only to the members of
the Council. I have been requested by some of the
Reichsministers who are not permanent members of the Council to
inform them of the drafts of decrees which are being submitted
to the Council, so as to enable them to check these drafts from
the point of view of their respective offices. I shall follow
this request so that all the Reichsministers will in future be
informed of the drafts of decrees which are to be acted upon by
the Council for the Reich Defense. I therefore request to add
forty-five additional copies of the drafts, as well as of the
letters which usually contain the arguments for the drafts, to
the folders submitted to the Council.” (_1141-PS_)

Von Stutterheim, who was an official of the Reich Chancellery, comments on this procedure at page 34 of a pamphlet entitled “_Die Reichskanzlei_”:

“* * * It must be noted that the peculiarity in this case is
that the subjects dealt with by the Cabinet Council—(Council of
Ministers for the Defense of the Reich), are distributed not
merely among the members of the Cabinet Council, but also among
all the members of the Cabinet (_Kabinett_) who are thereby
given the opportunity of guarding the interests of their spheres
of office by adding their appropriate standpoints in the Cabinet
Council legislation, even if they do not participate in making
the decree.” (_2231-PS_)

For a time the Cabinet consulted together through actual meetings. The Council of Ministers did likewise, but those members of the Cabinet who were not already members of the Council also attended the meetings of the Ministerial Council. And where they did not attend in person, they were usually represented by the state secretaries of their Ministries. The minutes of six meetings of the Council of Ministers, on 1, 4, 8, and 19 September 1939, on 16 October 1939, and on 15 November 1939, demonstrate this procedure. (_2852-PS_)

At the meeting held on 1 September 1939, which was probably the first meeting since the Council was created on 30 August 1939, the following were in attendance:

“Present were the permanent members of the Council of Ministers
for the Reich Defense: The Chairman and Generalfield Marshall,
Goering; the Deputy of the Fuehrer, Hess [a line appears through
the name Hess]; the Plenipotentiary for Reich Administration,
Dr. Frick; the Plenipotentiary for Economy, Funk; the Reich
Minister and Chief of the Reich Chancellery, Dr. Lammers; and
the Chief of the High Command of the Armed Forces, Keitel,
represented by Major General Thomas.” (_2852-PS_)

These were the regular members of the Council. Also present was the Reich Minister for Food and Agriculture, Darré, and seven State Secretaries: Koerner, Neumann, Stuckart, Posse, Landfried, Backe, and Syrup (_2852-PS_). These State Secretaries were from the several Ministries or other supreme Reich authorities. Koerner was the Deputy of Goering in the Four-Year Plan; Stuckart was in the Ministry of the Interior; Landfried was in the Ministry of Economics; Syrup was in the Ministry of Labor.

The minutes dated 8 September 1939 (_2852-PS_) note that in addition to all members of the Ministerial Council, the following also were present:

“The Reich Minister for Food and Agriculture * * * Darré; State
Minister * * * Popitz;”

Then come the names of nine State Secretaries from the several Ministries, and then:

“SS Gruppenfuehrer * * * Heydrich;”

The close integration of the Ministerial Council with the ordinary Cabinet is seen by the following excerpt from the minutes of the same date (8 September 1939):

“The Council of Ministers for the Reich Defense ratified the
decree for the change of the Labor Service Law which had already
been passed as law by the Reich Cabinet. (_Reichsgesetzblatt_,