Archive/File: imt/tgmwc/tgmwc-03-22.07 Last-Modified: 1998/08/28 [Page 87] COLONEL STOREY: All right. I'll omit all the rest of the laws and go to Page 35 of the record in reference to the criminality and particular crimes. I now come to the second phase of the proof against the Reichsregierung, tending to establish its criminal characteristics. As the proof of all phases of the prosecutions' case is received, the Tribunal will note more and more the relationship such evidence bears to the Reichsregierung and their resultant responsibility therefor. Here we will direct the Court's attention to some prominent elements of the evidence that brands the group. First, it cannot be stressed too frequently that under the Nazi regime the Reichsregierung became a criminal instrument of the Nazi Party. In the original Cabinet of 30th January, 1933, there were only three Cabinet members who were members of the Party: Goering, Frick and Hitler. I have already shown that, as new Ministries were added to the Cabinet, prominent Nazis were placed at their head. On 30th January, 1937, Hitler carried out acceptance into the Party of those Cabinet members who were not already members of the Nazi Party. This action is reported in the `Voelkischer Beobachter,' South German edition, 1st February, 1937, and I quote from Document 2964-PS, Exhibit USA 401, Paragraphs 3 and 4 of the English translation: "In view of the anticipated lifting of the ban for Party membership, the Fuehrer, as the first step in this regard, personally carried out the enlistment into the Party of the members of the Cabinet who so far had not belonged to it; and he handed them simultaneously the Gold Party Badge, the supreme badge of honour of the Party. In addition, the Fuehrer awarded the Gold Party Badge to Generaloberst Freiherr von Fritsch; Generaladmiral D. h. c. Raeder; the Prussian Minister of Finance, Professor Popitz; and the Secretary of State and Chief of the Presidential Chancellery, Dr. Meissner. The Fuehrer also honoured with the Gold Party Badge the Party [Page 88] Members State Secretary Dr. Lammers, State Secretary Funk, State Secretary Koerner, and State Secretary General of the Air Force Milch." It was thus possible to refuse the Party membership thus conferred. Only one man did this, however, von Eltz- Ruebenach, who was the Minister of Postal Services and Transportation at the time. I have here an original letter, dated 30th January, 1937, from von Eltz-Ruebenach to Hitler, and it is in his own personal handwriting. It is Document 1534-PS which I desire to offer as Exhibit USA 402, and I quote it in toto: "Berlin (W8), 30th January, 1937. Wilhelm Street, 79. My Fuehrer: I thank you for the confidence you have placed in me during the four years of your leadership and for the honour you do me in offering to admit me into the Party. My conscience forbids me, however, to accept this offer. I believe in the principles of positive Christianity and must remain faithful to my Lord and to myself. Party membership would mean that I should have to face, without contradiction, the steadily increasing attacks by Party officers on the Christian confessions and on those who want to remain faithful to their religious convictions. This decision has been infinitely difficult for me, for never in my life have I performed my duty with greater joy and satisfaction than under your wise State leadership. I ask to be permitted to resign. With German greetings, Yours very obediently, (Signed) BARON VON ELTZ." But the Nazis did not wait until all members of the Cabinet... THE PRESIDENT: Was Baron von Eltz permitted to resign? COLONEL STOREY: As I understand, your Honour, every one of them was a member except this one, and he declined and offered his resignation which was accepted. The Nazis did not wait until all members of the Cabinet were Party members. Shortly after it came to power, it quickly assured themselves of active participation in the work of the Cabinet. On 1st. December, 1933, the Cabinet passed a law securing the unity of Party and State. That has been introduced previously and I will not refer to it any more. It is referred to here as our Document 1395. THE PRESIDENT: Why is Baron von Eltz shown as a member of the Cabinet in 1938? COLONEL STOREY: Your Honour, please, the "1938" simply refers to the time the Secret Cabinet Council was created. It does not have to do with when any of these people came to the Cabinet. THE PRESIDENT: I see. COLONEL STOREY: In other words, all these arrows show that these different agencies were created during those years. THE PRESIDENT: Yes, I follow it. COLONEL STOREY: I say, for your Honour' information, that in this list of all of the Cabinet members and the members of the Reichsregierung from 1933 his name is shown in the list that we handed to your Honour. THE PRESIDENT: Up to 1937? COLONEL STOREY: No, Sir from 1933 right up to 1945 his name is [Page 89] listed. If your Honour will recall, we handed in a separate list and it does contain the Baron's name, with the authority of his appointment, etc.. THE PRESIDENT: You mean, that is a mistake? COLONEL STOREY: No, Sir; it is not a mistake. THE PRESIDENT: He did not resign? COLONEL STOREY: He did resign, but your Honour asked if his name was shown up here and I said that in the separate list showing the list of all members of the Reichsregierung, from 1933 to 1945, the Baron's name was included and the proper reference is made in this separate list for your Honour's guidance. I have here a copy of an unpublished decree signed by Hitler, dated 27th July, 1934. It is Document D-138, Exhibit USA 403, and it is in the section headed "Laws and Decrees," if your Honour pleases, and I offer it in evidence. This is a decree of Adolf Hitler: "I decree that the Deputy of the Fuehrer, Reich Minister Hess, will have the capacity of a participating Reich Minister in connection with the preparation of drafts for laws in all Reich administrative spheres. All legislative work is to be sent to him when it is received by the other Reich Minister concerned. This also applies in cases where no one else participates except the Reich Minister making the draft. Reich Minister Hess will be given the opportunity to comment on drafts suggested by experts. This order will apply in the same sense to legislative ordinances. The Deputy of the Fuehrer in his capacity of Reich Minister can send as representative an expert on his staff. These experts are entitled to make statements to the Reich Ministers on his behalf." (Signed) Adolf Hitler." The defendant Hess himself has some pertinent comment to make regarding his right of participation on behalf of the Party. And I now offer in evidence Document D-139, Exhibit USA 404. This is an original letter signed by Rudolf Hess and is dated the 9th October, 1934, on the stationery of the N.S.D.A.P., and it is addressed to the Reich Minister of Public Enlightenment and Propaganda. I now quote the entire document: "By a decree of the Fuehrer dated 27th July, 1934, I have been granted the right to participate in the legislation of the Reich as regards both formal laws and legal ordinances. This right must not be rendered illusory by the fact that I am sent the drafts of laws and decrees so late, and am then given a limited time, so that it becomes impossible for me to deal with the material concerned during the given time. I must point out that my participation means taking into account the opinion of the N.S.D.A.P. as such, and that in the case of the majority of drafts of laws and decrees, I consult with the appropriate departments of the Party before making my comment. Only by proceeding in this manner can I do justice to the wish of the Fuehrer as expressed in the decree of the Fuehrer of 27th July, 1934. I must therefore ask the Reich Ministers to arrange that drafts of laws and decrees reach me in sufficient time. Failing this, I would be obliged in future to refuse my agreement to such drafts from the beginning and without [Page 90] giving the matter detailed attention -- in all cases where I am not given a sufficiently long period for dealing with them. Heil. (Signed) R. Hess." A handwritten note appears attached to the letter. I quote from Page 2 of the translation: "Berlin, 17th October, 1935. 1. The identical letter seems to have been addressed to all Reich Ministers. In our special field the decree of 27th July, 1934, has hardly become applicable so far. A reply does not seem called for. 2. File in File 7B. (Signed) `R.'" The participating powers of Hess were later broadened. I now refer to Document D-140, Exhibit USA 405; and it is a letter dated the 12th April, 1938, from Dr. Lammers to the Reich Ministers. I offer it in evidence and quote from the English translation, Paragraph 3: "The Deputy of the Fuehrer will also have participation where the Reich Ministers give their agreement to the State Laws and legislative ordinances of States, under paragraph 3 of the first decree concerning reconstruction of the Reich of 2nd February, 1934 (Reich Law Gazette I, 81). Where the Reich Ministers have already, at an earlier date been engaged in the preparation of such laws or legislative ordinances, or have participated in such preparation, the Deputy of the Fuehrer likewise becomes participating Reich Minister. Laws and legislative decrees of the Austrian State are equally affected hereby." (Signed) Dr. Lammers." THE PRESIDENT: Colonel Storey, may I ask you what those three documents are supposed to prove? COLONEL STOREY: In the first place, your Honour, the one I have just referred to shows that they passed laws over conquered territory; that one related to Austria. The one signed by Hess, just before, gives him almost unlimited power as regards both formal and legal ordinances and over administrative districts; and in addition, I think, your Honour, the most important point is that Hess says: "You must send them to me long enough in advance so that I may consult with the Party and the appropriate Party members and get their reaction." THE PRESIDENT: Is that relied upon as evidence of criminality, that he took the trouble to find out what other Ministers thought? COLONEL STOREY: I think it is a part of the general conspiracy showing the domination of Party and State by the Nazi Party and particularly the Leadership Corps. THE PRESIDENT: I thought I had already said that it appeared to us -- and I think I speak on behalf of all the Tribunal - - that that matter had been amply proved and that we wished you to turn to the question of criminality of the Reich Cabinet. COLONEL STOREY: May I assume, your Honour, that we need to offer no further proof that the Party itself had to do with the making of these laws as suggested by the defendant Hess? I thought it was incumbent upon us to prove that the Party dominated this Cabinet, and particularly the Leadership Corps. [Page 91] THE PRESIDENT: You are dealing now with the Reich Cabinet and I think the Tribunal is satisfied that the Reich Cabinet had full powers to make laws. COLONEL STOREY: I think that we go a little step further and undertake to show, if we have not already shown, that the way and manner in which they did it by consulting the Party was criminal. Now, I have some other laws to cite here in corroboration of that, but, if the Tribunal is satisfied, I do not see any use in citing them. THE PRESIDENT: I do not think the Tribunal would imagine that they made laws without consulting somebody. Perhaps it would be a convenient time to break off for ten minutes. (A recess was taken.) COLONEL STOREY: If your Honour pleases, when we adjourned we were speaking of these laws that had been passed, and certainly I do not want to offer any redundant evidence or any that is not necessary. I therefore am briefly referring to the laws which we propose to offer now. The Party, as your Honour will recall, had 25 fundamental points which they had set out to achieve, as introduced in evidence yesterday. Those points, your Honour will recall, related to everything from the abrogation of the Treaties of Versailles and St. Germain to the obtaining of greater living space, and so forth. Now, we propose to cite various decrees and laws passed by this Cabinet carrying into effect what we contend were the criminal purposes of the Party, and to show that the Reich Cabinet was asked by the Party to give semblance of legality to their alleged criminal purposes. That is the only reason we expect to chronicle or to mention the laws that were passed in pursuance thereof. And I shall proceed, as your Honour suggests, merely to list a group of the laws that seek to establish the co-called 25 points of the Nazi Party. Perhaps, with your Honour's permission, I will just refer to a few of them as being indicative of the type of laws that were passed to further their 25 points. For example, in implementation of this point, the Nazi Cabinet enacted, among others, the following laws: The law of 3rd February, 1938, concerning the obligation of German citizens in foreign countries to register. That is cited in the Reichsgesetzblatt. The law of the 13th March, 1938, relating to the reunion of Austria with Germany---- THE PRESIDENT: Were these were all passed by the Reich Cabinet? COLONEL STOREY: Yes. THE PRESIDENT: Well, are you not going to cite the laws? COLONEL STOREY: Yes, but I was going to show them as illustrative; that is the 1938 Reichsgesetzblatt, Part I, Page 237. The law of 21st November, 1938, for the re-integration of the German Sudetenland with Germany, 1938, Reichsgesetzblatt, Part I, Page 1641. The incorporation of Memelland into Germany, 23rd March, 1939, Part I, Page 559, of the 1939 Reichsgesetzblatt. [Page 92] With reference to Point 2... THE PRESIDENT: Would you give me the place where the 25 points are set out? Have you got a reference to that? COLONEL STOREY: Yes, Sir; it appears in Document 1708-PS, in document book A. THE PRESIDENT: Thank you. COLONEL STOREY: I believe we referred to it yesterday. THE PRESIDENT: That is sufficient. COLONEL STOREY: Yes, Sir. Now, as an illustration, Point 2 of that Party platform -- which, as your Honour will recall, demanded the cancellation of the Treaties of Versailles and St. Germain -- the following acts of the Cabinet in support of this part of the programme may be mentioned: Proclamation of 14th October, 1933, to the German people concerning Germany's withdrawal from the League of Nations and the Disarmament Conference, 1933 Reichsgesetzblatt, Part I, Page 730. Law of 16th March, 1935, for the establishment of the Wehrmacht and compulsory military service, 1935 Reichsgesetzblatt, Part I, Pages 369 to 375. Now, with reference to Point 4 of the Party platform, which said: "Only those who are members of the `Volk' can be citizens. Only those who are of German blood, without regard to religion, can be members of the `Volk.' No Jew, therefore, can be a member of the `Volk.'" That is Point 4. Among other Cabinet laws, this point was implemented by the law of 15th July, 1933, for the recall of naturalisation and deprivation of citizenship of these people, 1933 Reichsgesetzblatt, Part I, Page 480. The law of 7th April, 1933, which said that persons of non- Aryan descent could not practise law, 1933 Reichsgesetzblatt, Part I, Page 188. The law of 25th April, 1933, restricting the number of non- Aryans in schools and higher institutions of learning, 1933 Reichsgesetzblatt, Part I, Page 225. The law of 29th September, 1933, excluding persons of Jewish blood from the peasantry, 1933 Reichsgesetzblatt, Part I, Page 685. Another one, 19th March, 1937, excluded Jews from the Reich Labour Service , 1937 Reichsgesetzblatt, Part I, Page 325. There is another one of 6th July, 1938, prohibiting Jews from participating in six different types of businesses, 1938 Reichsgesetzblatt, Part I, Page 823. Point 23 of that Party platform proclaimed,: "We demand legislative action against conscious political lies and their broadcasting through the Press." To carry out this point I give a few of the Cabinet laws that were passed. One of 22nd September, 1933, which established the Reich Culture Chamber, 1933 Reichsgesetzblatt, Part I, Page 661. One concerning editors, of 4th October, 1933, 1933 Reichsgesetzblatt, Part I, Page 713. Another one with reference to restrictions as to the use of the theater, on 15th May, 1934. THE PRESIDENT: The use of what? [Page 93] COLONEL STOREY: Theatre shows. 1934 Reichsgesetzblatt, Part I, Page 411. THE PRESIDENT: What is the date of that? COLONEL STOREY: 15th May, 1934. Now, passing from those illustrative laws, the ordinary Cabinet did, in fact, enact most of the legislation which set the stage for and put into execution the Nazi Conspiracy described under Count One of the Indictment. Many of these laws have been referred to previously by the prosecution. All the laws to which I shall refer or have referred to were enacted specifically in the name of the Cabinet. A typical introductory paragraph reads, and I quote: "The Reich Cabinet has enacted the following law which is hereby promulgated." In other words, that shows it is a Cabinet law. THE PRESIDENT: That applies to all the ones you have just given us? COLONEL STOREY: Yes, Sir. That is a typical heading. In connection with the acquiring of control of Germany under Count One of the Indictment, I refer to some of the following laws. Here is a law of the 14th July, 1933, against the establishment of new parties. I believe I referred to that yesterday. That is 1933 Reichsgesetzblatt, Part I, Page 479. Another of 14th July, 1933, providing for the confiscation of property of Social Democrats and others, 1933 Reichsgesetzblatt, Part I, Page 479. I have already referred to that law of 1st December, 1933, which consolidated the Party and State, which is found in 1933 Reichsgesetzblatt, Part I, Page 1,016. In the course of consolidating the control of Germany these laws were enacted, and I give a few illustrations: 21st March, 1933, creating special courts. That is in 1933 Reichsgesetzblatt, Part I, Page 136. Law of 31st March, 1933, for the integration of all the States into the Reich, 1933 Reichsgesetzblatt, Part I, Page 153. THE PRESIDENT: Will you repeat that, integration of what? COLONEL STOREY: Integration of the States -- that is the separate States into the Greater Reich. Here is one of 30th June, 1933, eliminating non-Aryan civil servants or civil servants married to non-Aryans, 1933 Reichsgesetzblatt, Part I, Page 433. The law of the 24th April, 1934, creating the People's Court, 1934 Reichsgesetzblatt, Part I, Page 341. And that was the same Court your Honour saw functioning in one of the films exhibited last week. The law of 1st August, 1934, uniting the office of President and Chancellor, 1934 Reichsgesetzblatt, Part I, Page 747. I am not introducing all of them or referring to all of them. Here is a law of the 18th March, 1938, that provides for the submission of one list of candidates to the electorate of the entire Reich, 1938 Reichsgesetzblatt, Part I, Page 258. Nazi extermination of political internal resistance in Germany through the purge of their political opponents and through acts of terror, which are set forth in Paragraph III(d) 3(b) of Count One, was facilitated or legalised by the following Cabinet laws, translations being found in Document Book F, which has previously been submitted. I will just refer to a few of these as they are translated in that book. Here is one of 14th July, 1933, that prohibits the establishment of new [Page 94] parties and contains a penal clause. That is found in 1933 Reichsgesetzblatt, Part I, Page 479. Here is one of 20th December. THE PRESIDENT: You have already given that one. COLONEL STOREY: I believe so, yes, Sir. Here is a law of the 3rd July, 1934, concerning measures for emergency defence of the State, and which legalised their own purge. That is in 1934 Reichsgesetzblatt, Part I, Page 529. Law of 20th December, 1934, on treacherous acts against the State and Party and for protection of the Party uniforms, 1934 Reichsgesetzblatt, Part I, Page 1269. Here is one of 24th April, 1934, that makes the creation of a new or continuance of existing political Parties an act of treason, 1934 Reichsgesetzblatt, Part I, Page 341. Here is one of the 28th June, 1935, that changes the Penal Code, 1935 Reichsgesetzblatt, Part I, Page 839. Here is the last one I will mention: 16th September, 1939, permitting second prosecution of an acquitted person before a Special Court, the members of which were named by Hitler, 1939 Reichsgesetzblatt, Part I, Page 1841. Now, next are some laws that related to the extermination of the trade unions, which I have already cited, and they are in Document Book G. I will not refer to them. Then the laws abolishing collective bargaining. I have referred to those; I will pass them. In fact, even the infamous Nuremberg Laws of 15th September, 1935, although technically passed by the Reichstag, were nevertheless worked out by the Ministry of the Interior. This is verified by a work of Dr. Franz A. Medicus, entitled "Ministerial-dirigent", published in 1940. It is Document 2960-PS, Exhibit USA 406. I would like to refer to the paragraphs at Page 62 of the original publication, and translated in our Document 2960-PS, beginning the first paragraph: "The work of the Reich Ministry of Interior forms the basis for the three 'Nuremberg Laws' passed by a resolution of the Reichstag on the occasion of the Reich Party Meeting of Freedom. The 'Reich Citizenship Law' as well as the 'Law for the Protection of German Blood and German Honour' opened extensive tasks for the Ministry of the Interior not only in the field of administration. The same applies to the 'Reich Flag Law' that gives the foundation for the complete reorganisation of the use of the flag." A few decrees of the Council of Ministers which similarly supplied the legal basis for the criminal acts and conduct of the conspirators, about which the Tribunal has already heard and will hear more, relate to those of 5th August, 1940, which imposed a discriminatory tax on Polish workers in Germany; and that is in 1940 Reichsgesetzblatt, Part I, Page 1077. Also the law of 4th December, 1941, which imposed penal measures against the Jews and the Poles in the Eastern Occupied Countries; 1941 Reichsgesetzblatt, Part I, Page 759. The last one was concerning the employment of Eastern Workers, which I referred to this morning. Almost immediately upon Hitler's coming into power, the Cabinet commenced to implement the Nazi conspiracy to wage aggressive war. Three of the documents that establish this point have already been introduced in [Page 95] evidence. They are EC-177, 2261-PS, and 2194-PS, respectively. Document EC-177, which is Exhibit USA 390, is a long copy of the minutes, and I beg the indulgence of the Tribunal for referring to it again, EC-177... THE PRESIDENT: Is it in this book? COLONEL STOREY: Yes, Sir, EC-177. Your Honour, I did not intend to quote from that. I am simply referring to it as being the minutes of the second session of the working committee of the delegates for Reich Defence and being signed by the defendant Keitel. Document 2261 consists of a letter dated the 24th June, 1935, 2261-PS. That transmits a copy of a secret, unpublished Defence Law of 21st May, 1935, and also a copy of a decision of the Reich Cabinet of the same date in the Council for Defence of the Reich. These have been previously introduced, but they are illustrative laws passed by this Cabinet. Document 2194 also transmits a copy of the secret, unpublished Reich Defence Law, 4th September, 1938. I will skip down to the laws passed by the Reich Defence Council, on Page 50, for the record. The Reich Defence Council was a creation of the Cabinet. On 4th April, 1933, it was decided to form that agency. The decision of the Cabinet, attached to Document 2261-PS, which is Exhibit USA 24, Page 4 of the translation, Paragraph 1, proves that fact. The two secret laws contained in Document 2261, as well as in document 2194, were passed by the Cabinet; nor was this a case of one group setting up an entirely distinct group to do its dirty work. The Cabinet put itself into the picture. This might have been a difficult task to accomplish before the Nazis assumed power -- but with the Nazis in control, things could move swiftly, and I now refer again to Document EC-177, but I will not undertake to quote from that (although the quotation is set out here). There is only one point in that connection which would not be cumulative. It is Page 5 of the translation and Page 8 of that original of EC-177, on the question of security and secrecy, that I think would be pertinent to the criminal nature. I quote:-- "Question has been brought up by the Reich Ministries. The secrecy of all Reich Defence work has to be maintained very carefully. Communications with the outside by messenger service only has been settled already with the Post Office, Finance Ministry, Prussian Ministry of the Interior and the Reichswehr Ministry. Main principle of security: no document must be lost, since otherwise enemy propaganda would make use of it. Matters communicated orally cannot be proved; they can be denied by us in Geneva. Therefore the Reichswehr Ministry has worked out security directives for the Reich Ministries and the Prussian Ministry of the Interior." I will omit the next reference. I believe I will pass over to the affidavit of defendant Frick, on Page 60. THE PRESIDENT: What is that? COLONEL STOREY: It is, if your Honour pleases, Document 2986- PS. Exhibit USA 409, the original affidavit, signed by the defendant Frick. I believe defendant Frick sums up pretty well how the work was carried on. "I, Wilhelm Frick, being first duly sworn, depose and say: I was Plenipotentiary for Reich Administration from the time when this office was created until 20th August, 1943. Heinrich Himmler was [Page 96] my deputy in this capacity. Before the outbreak of the war my task as Plenipotentiary for Reich Administration was the preparation of organisation in the event of war, such as, for instance, the appointment of liaison men in the different Ministries who would keep in touch with me. As Plenipotentiary General for Reich Administration I, together with the Plenipotentiary for Economy and the O.K.W., formed what was called a '3-Man College.' We were also members of the Reich Defence Council, which was to plan preparations and decrees in case of war, which later were published by the Ministerial Council for the Defence of the Reich. Since, as soon as the war started, everything had to be done speedily and there would have been no time for planning, such measures and decrees were prepared in advance, in case of war. All one then had to do was to pull out of the drawer the war orders that had been prepared. Later on, after the outbreak of the war, these decrees were enacted by the Ministerial Council for Defence of the Reich." Signed and sworn to by Dr. Wilhelm Frick, on the 19th November, 1945." To sum up this particular phase of the proof, the Cabinet by its own decision and its own laws created a large war- planning body -- the Reich Defence Council -- the members of which were taken from the Cabinet. Within the Council they set up a small working committee, again composed of Cabinet members and certain defence officials, a majority of whom were appointed from the Cabinet members, and to streamline the action, they placed all of its Ministries -- except Air, Propaganda, and Foreign Affairs -- into the Groups headed respectively by the Plenipotentiaries for Economy and Administration and the O.K.W., and everything was organised in and for the greatest of secrecy. That is this "3-Man College." Now, in conclusion, if your Honour pleases, I would like at this time to summarise briefly the proof concerning the Reichsregierung. From 1933 to the end of the war, the Reichsregierung comprised the dominant body of influence and leadership below Hitler in the Nazi Government. The three sub-divisions were included in the term Reichsregierung in the Indictment: the ordinary Cabinet, the Secret Cabinet Council, and the Council of Ministers for Defence of the Reich. Yet, in reality, there existed only an artificial, illusory boundary between the three. The predominant sub-division was, of course, the ordinary Cabinet, which was commonly referred to as the Reichsregierung. In it were the leading political and military figures in the Nazi Government; 17 of the 22 defendants before this Tribunal were integral parts of the ordinary Cabinet. I should like now to name these defendants and to indicate the positions they held in the Reichsregierung:-- MARTIN BORMANN, Leader of the Party Chancellery. KARL DOENITZ, Commander-in-Chief of the Navy. HANS FRANK, Reich Minister without Portfolio. WILHELM FRICK, Minister of the Interior, Plenipotentiary for Reich Administration, Reich Minister without Portfolio. WALTER FUNK, Minster of Economics, Plenipotentiary for Economy. HERMANN GOERING, Minister for Air, Reich Forest Master. [Page 97] RUDOLF HESS, Deputy of the Fuehrer. WILHELM KEITEL, Chief of the O.K.W. CONSTANTIN H. K. VON NEURATH, Minister for Foreign Affairs, President of the Secret Cabinet Council. FRANZ VON PAPEN, Vice-Chancellor. ERICH RAEDER, Commander-in-Chief of the Navy. JOACHIM VON RIBBENTROP, Minister for Foreign Affairs. ALFRED ROSENBERG, Minister of the Occupied Eastern Territories. HJALMAR SCHACHT, Acting Minister of Economics, Reich Minister without Portfolio, President of the Reichsbank, Plenipotentiary for War Economy. BALDUR VON SCHIRACH, Reich Youth Leader. ARTHUR SEYSS-INQUART, Reich Minister without Portfolio. ALBERT SPEER, Minister for Armaments and War Production. From the ordinary Cabinet there came not only the members of the Secret Cabinet Council and the Council of Ministers for Defence of the Reich, but also the members of the War Planning Group, the Nazi Secret Reich Defence Council. When it was deemed essential for the purposes of the conspiracy to wage aggressive war, that power was concentrated in a few individuals. Again these individuals were drawn from the ordinary Cabinet. Thus the Plenipotentiaries for Economy and Administration were also Ministers of the ordinary Cabinet and members of the Reich Defence Council and Ministerial Council. Under them were grouped practically all the Ministers of the ordinary Cabinet. Where political considerations of foreign policy required that another select group be chosen to act as advisors, the Secret Cabinet was created and populated with members of the ordinary Cabinet. The Reichsregierung was dominated by the Nazi Party through the control exercised over its legislation by the Deputy of the Fuehrer, Hess, and later by the Leader of the Party Chancellery, Bormann. Party control was also effected through the individual membership of all members, and the union of various key Cabinet and Party positions in one man. As a result of this fusion of the Party and State, an enormous concentration of political power was gathered into the Cabinet. The laws enacted by the Cabinet established the framework within which the Nazi conspirators established their control of Germany, set forth in Count I of the Indictment, by virtue of which they were enabled to commit the crimes alleged in Counts I, 2, 3 and 4 of the Indictment. The Cabinet enacted harsh penal laws, discriminatory laws, confiscatory laws, in violation of the principles of justice and humanity. Decrees enacted by the Ministerial Council during the war clothed the criminal acts of the Nazi conspirators with a semblance of legality. As an instrument of the Party the Cabinet effectively implemented the notorious-points of the Party programme. Finally, the Cabinet, almost immediately upon the coming into power of Hitler, became a war-planning group through its establishment in 1933 of a Reich Defence Council and its active participation in the schemes and plans for waging aggressive war. It is, therefore, most respectfully submitted that, by virtue of all of the foregoing, the Reichsregierung, as defined in Appendix D, Page 35, of the [Page 98] Indictment, should be declared a criminal group within the meaning of Article 9 of Section II of the Charter. That concludes, if your Honour pleases, this presentation, and the next subject is the S.A. It will take a minute or two to get ready for that.
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