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 7/3/1934 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 1934 and 1 July 1934 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

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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 the 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 or 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 Com-

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mander of the Armed Forces. He was, at the time of its issuance fuehrer of the leadership Corps of the Nazi Party. By virtue 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 Id 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

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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 2/20/1938, 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

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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 Hoheitstraeger". 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)

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