The Nizkor Project: Remembering the Holocaust (Shoah)

Twenty-First Day: Monday, 17th December, 1945
(Part 12 of 16)

[COLONEL STOREY continues]

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

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justify these mass murders by declaring to the Reichstag that "at that hour I was responsible for the fate of the German nation, and the supreme judge of the German people." The evidence relating to these events will be presented at a later stage in connection with the case against the S.A.

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

"The measures taken on 30th June and 1st and 2nd July, 1934, to counteract attempt at treason and high treason shall be considered as national emergency defence."
On 12th July, 1934, there was enacted a law defining the function of the Academy for German Law. I refer to Document 1391-PS, which is an English translation of the Statute of the Academy for German Law, 12th July, 1934, 1934 Reichsgesetzblatt, Part I, Pages 605 and 606.
"Closely connected with the agencies competent for legislation, it" -- the Academy -- "shall further the realisation of the National Socialist programme in the realm of the law."
On 30th 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 into his person the offices of Chancellor and Reich President. I refer to Document 2003- PS, which establishes that fact, and I do not quote. It is Reichsgesetzblatt 1934, Part I, Page 747.

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

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

"The Reich and National flag is the swastika flag."
The swastika was the flag and symbol of the Leadership Corps of the Nazi Party. By law it was made the flag of the State; a recognition that the Party and its corps of political leaders were the sovereign powers in Germany.

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

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the offender had committed "in his eagerness to fight for the National Socialist ideals". I cite Document 1386, which is the English translation of the Law Concerning Amnesty, Reichgesetzblatt 1936, Part I, Page 378.

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

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

"From now on, I take over directly the command of the whole Armed Forces.
" By virtue of the earlier law of 1st August, 1934, Hitler combined the offices of the Reich President and the Chancellorship. In the final result, therefore, Hitler was Supreme Commander of the Armed Forces, the Head of the German State, and the Fuehrer of the Nazi Party.

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

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

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

A decree of 16th January, 1942, provided that the Party should participate in legislation and official appointments and promotions. I cite as proof Document 2100-PS, which is the English translation of a directive concerning the application of the Fuehrer decree relating to the Chief of the Party Chancellery, 1942, Reichsgesetzblatt, Part I, Page 35. The decree further provided that such participation should be undertaken exclusively by the defendant Bormann, Chief of the Party Chancellery and Reichsleiter of the Leadership Corps. 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 Defence of the Reich, and to give his assent to those of the Laender and of the Reich governments, the Laender being the German States. All communications between the State and Party authorities, unless within the Gau

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only, were to pass through Bormann's 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.

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

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

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

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

Hitler himself perhaps best summarised the political realities of his Germany which constituted the basis for the prosecution's submission that the Leadership Corps of the Nazi Party and its following effectively dominated the State. The core and crux of the matter was stated by Hitler in his speech to the Reichstag on 20th February, 1938, when he declared in effect that every institution in Germany was under the direction of the Leadership Corps of the Nazi Party.

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

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

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stable political leadership is safeguarded for ever. National Socialism possesses Germany entirely and completely since the day when, five years ago, I left the house in Wilhelmsplatz as Reich Chancellor. There is no institution in this State which is not National Socialist. Above all, however, the National Socialist Party in these five years not only has made the nation National Socialist, but also has given itself that perfect organisational structure which guarantees its performance for all the future. The greatest guarantee of the National Socialist revolution lies in the complete domination of the Reich and all of its institutions and organisations, internally and externally, by the National Socialist Party. Its protection against the world abroad, however, lies in the new National Socialist Armed Forces. In this Reich, anybody who has a responsible position is a National Socialist. Every institution of this Reich is under the orders of the supreme political leadership. The Party leads the Reich politically, the Armed Forces defend it militarily. There is nobody in any responsible position in this state who doubts that I am the authorised leader of this Reich."
The supreme power which the Leadership Corps exercised over the German State and Government is pointed out by an article published in this same authoritative magazine `Der Hoheitstraeger', in February, 1939. In this article, which was addressed to all Hoheitstraeger, the Leadership Corps is reminded that it has conquered the State, and it possesses absolute and total power in Germany. I cite Document 3230- PS, which is the English translation of an article entitled "Fight and Order", and I quote from this article, which trumpets forth in what we might term as accents of Caesarism, the battle call of the Leadership Corps in German life. I quote:--
"Fight? Why do you always talk of fighting? You have conquered the State, and if something does not please you, then just make a law and regulate it differently. Why must you always talk of fighting? For you have every power. Over what grounds do you fight? Outer- political? You have the Wehrmacht -- it will wage the fight if fight is required. Inner-political? You have the law and the police which can change everything with which you do not agree."
In view of the domination of the German State and Government by the -----

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


(A recess was taken.)

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