dtufail/nuremberg-trials-corpus huggingface dataset:
MAJOR WALLIS: The first organized act was the boycott of Jewish enterprises on 1 April 1933. The Defendant Streicher, in a signed statement, admits that he was in charge of this program only for one day. We, of course, reserve the right to show additional evidence with respect to that fact. The Nazi conspirators then embarked upon a legislative program which was gradual and which dates from 7 April 1937 until September 1935. During this period a series of laws was passed removing the Jews from civil service, from the professions and from the schools and military service. It was clear, however, that the Nazi conspirators had a far more ambitious program for the Jewish problem and only put off its realization for reasons of expediency. After the usual propaganda barrage, in which the speeches and writings of the Defendant Streicher were most prominent, the Nazi conspirators initiated the second period of anti-Jewish legislation, namely, from 15 September 1935 to September 1938. In this period the infamous Nuremberg Laws were passed, depriving the Jews of their rights as citizens, forbidding them to marry Aryans, and eliminating them from additional professions. In the autumn of 1938 the Nazi conspirators began to put into effect a program of complete elimination of the Jews from German life. The measures taken were partly presented as a retaliation against world Jewry in connection with the killing of a German embassy official in Paris. Unlike the boycott action in April 1933, when care was taken to avoid extensive violence, an allegedly spontaneous pogrom was staged and carried out all over Germany. The legislative measures which followed were discussed and approved in their final form at a meeting on 12 November 1938 under the chairmanship of the Defendant Goering, with the participation of the Defendants Frick and Funk and others. I refer to Document 1816-PS, which will appear in the document book.
MAJOR WALLIS: The meeting was called following Hitler's orders "requesting that the Jewish question be now, once and for all, coordinated and solved one way or the other." The participants agreed on measures to be taken for the elimination of the Jew from German economy. The laws issued in this period were signed mostly by the Defendant Goering in his capacity as Deputy of the Four Year Plan, and were thus strictly connected with the consolidation of control of the German economy and preparation for aggressive war. These laws obliged all German Jews to pay a collective fine of 1 billion Reichsmarks; barred the Jews from trades and crafts; limited movement of Jews to certain localities and hours; limited the time for the sale or liquidation of Jewish enterprises; forced Jews to deposit shares and securities held by them; forbade the sale or acquisition of gold or precious stones by a Jew; granted landlords the right to give notice to Jewish tenants before legal expiration of the leases; and forced all Jews over 6 years of age to wear the Star of David. In the final period of the anti-Jewish crusade of the Nazi conspirators within Germany, very few legislative measures were passed. The Jews were just delivered to the SS, Gestapo, and the various extermination staffs. The last law dealing with Jews in Germany put than entirely outside the law and ordered the confiscation by the State of the property of dead Jews. This law was a weak reflection of a factual situation already in existence. As Dr. Stuckart, assistant to the Defendant Frick, stated at the time: "The aim of the racial legislation may be regarded as already achieved and consequently the racial legislation as essentially closed. It led to the temporary solution of the Jewish problem and at the same time essentially prepared for the final solution.
MAJOR WALLIS: Many regulations will lose their practical importance as Germany approaches the achievement of the final goal on the Jewish problem." Hitler, on January 30, 1939, in a speech before the Reichstag, made the following prophesy: "The result (of a war) will be the annihilation of the Jewish race in Europe." 22 Nov.45 I will leave to others in this case the task of presenting to the Court the evidence as to how well that prophesy was fulfilled. I would now offer to the Court the document book which contains the laws referred to, with respect to the persecution of the Jews, and the brief outlining that subject.
THE PRESIDENT: The Tribunal will now adjourn until to o'clock tomorrow morning. [The Tribunal adjourned until 23 November 1945 at 1000 hours.]
DR. OTTO NELTE (Counsel for Defendant Keitel): Mr. President, you advised the Defense in yesterday's session that the Defense should already at this stage of the Trial raise objections if they believe they have any against the documentary evidence introduced by the Prosecution. The Chief Prosecutor introduced in Court yesterday a graphic presentation concerning the Reich Ministries and other bureaus and offices at the highest level of the German Government. My client is of the opinion that this presentation is erroneous in the following respects which concern his own person: 1. A Reich Defense Council has never existed. The Reich Defense Law, which provided for a Reich Defense Council in the event of war, has never been published; a session of a Reich Defense Council has never taken place. For this reason, the Defendant Keitel was never a member of a Reich Defense Council. 2. The Secret Cabinet Council which was to be created in accordance with the law of February 4, 1938, never came into existence. It was never constituted; it never held a session. 3. The Defendant Keitel never was Reich Minister. Like the Commanders-in-Chief of the Army and the Navy, he merely had the rank of a Reich Minister. Consequently, he never was a Minister without portfolio either. He did not participate in any advisory Cabinet session. I should like to ask the Court for its opinion as to whether these objections may be made the object of an examination at this stage of the Trial or whether they are to be reserved for a later stage?
THE PRESIDENT: The Tribunal rules that the documents are admissible, but the defendants can prove at a later stage any matters which are relevant to the documents. It is not necessary for the defendants to make objections at this stage. At a later stage they can prove any matters which are relevant to the weight of the documents.
DR. DIX: May I ask the Tribunal a question? We have now been able to see, in part, the briefs and documents which were introduced in court yesterday. In that connection we have established that some of the documents submitted by the Prosecution yesterday were not quoted in their entirety, nor were they presented in substance. My question now is: Shall the contents, the entire contents, of all the documents which were presented to Court form basis for the Court's decision, even in cases where the Prosecutor who presented the documents did not refer to their contents? In other words, must we consider all of the documents presented in Court-including those the contents of which were not verbally referred to-as a basis for the judgment and, consequently, should they be examined with a view to determining whether the defendants wish to raise any objections? Finally I wish to ask the Tribunal whether the entire contents of all the documents which were submitted to the Court yesterday, and which may possibly be submitted in the future, are to be understood by us as a basis for judgment even if the Prosecution does not present them word for word or in substance or refer to them in any other way.
THE PRESIDENT: Every document, when it is put in, becomes a part of the record and is in evidence before the Tribunal, but it is open to the defendants to criticize and comment upon any part of the document when their case is presented.
DR. DIX: Thank you. The question is clarified herewith.
THE PRESIDENT: There are three announcements which I have to make on behalf of the Tribunal; and the first is this: That we propose that the Tribunal shall not sit on Saturday morning in this week, in order that defendants' counsel may have more time for the consideration of the documents and arguments, which have been made up to that time. That is the first matter. The second matter is that the Tribunal desires that all motions and applications shall, as far as practicable, be made in writing, both by the Prosecution and by the Defense. There are occasions, of course, such as this morning when motions and applications for the purposes of explanation, are more conveniently made orally, but as far as practicable, it is the desire of the Tribunal that they shall be made in writing, both by the Prosecution and by the Defense. And the other matter is an observation, which the Tribunal desires me to make to the Prosecution, and to suggest to them that it would be more convenient to the Tribunal and possibly also to the Defense, that their briefs and volumes of documents should be presented to the Tribunal before Counsel speaking begins that branch of the case, so that the brief and volume of documents should be before the Tribunal whilst Counsel is addressing the Tri- bunal upon that branch of the case; and also that it would be convenient to the Tribunal-if it is convenient to Counsel for the Prosecution-that he should give a short explanation-not a prolonged explanation-of the documents, which he is presenting to the Court, drawing their attention to any passages in the documents, which he particularly wishes to draw attention to. I will call upon the Chief Prosecutor for the United States to continue his address.
COL. STOREY: May it please the Tribunal, yesterday afternoon it appeared that there was some question about the identification of documents formally offered in evidence yesterday. Therefore, with the Tribunal's permission I should like to offer them by number, formally, so that the Clerk can get them on his record and may be identified, with Your Honors' permission. The United States-and may I say, Sir, that we offer each one of these exhibits in evidence, requesting that they be received and filed as evidence for the United States of America, with the understanding that Defense Council may later interpose objections. If that is agreeable, Sir, the first is United States Exhibit Number 1, the affidavit of Major William X. Coogan, concerning the capture, processing and authentication of documents, together with Robert G. Storey's accompanying statement: United States Exhibit Number 2, being 2903-PS, being the Nazi Party chart, together with authentication certificates; United States Exhibit Number 3, 2905-PS, the Nazi State chart, together with authentication certificates; - United States Exhibit Number 4, 2836-PS, the original statement of Defendant Goering as to positions held; United States Exhibit Number 5, Document 2829-PS, the same, concerning Defendant Ribbentrop...
THE PRESIDENT: Could not all this be done by the General Secretary... the numbering of these documents?
COL. STOREY: Yes, Sir, that is correct. That is agreeable with us, Sir, but the General Secretary raised the question that it was not in the record. We have the complete tabulation describing each document by number, and if it is agreeable with Your Honors, I will offer the description on this page, correctly describing, by exhibit number, each one that was offered in evidence yesterday.
THE PRESIDENT: We will authorize the General Secretary to accept the documents so numbered.
COL. STOREY: Thank you, Sir. The tabulation referred to is set forth in the following words and figures: USA-1, Major Coogan's affidavit with Colonel Storey's statement; USA-2, 2903-PS, Nazi Party chart and authenticating papers; USA-3, 2905-PS, Nazi State chart and authenticating papers; USA-4, 2836-PS, original statement of Goering's positions; USA-6, 2829-PS, original statement of Ribbentrop's positions; USA-6, 2851-PS, original statement of Rosenberg's positions; USA-7, 2979-PS, original statement of Frank's positions; USA-8, 2978-PS, original statement of Frick's positions; USA-9, 2975-PS, original statement of Streicher's positions; USA-10, 2977-PS, original statement of Funk's positions; USA-11, 3021-PS, original statement of Schacht's positions; USA-12, 2887-PS, original statement of Dönitz's positions; USA-13, 2888-PS, original statement of Raeder's positions; USA-14, 2973-PS, original statement of Von Schirach's positions; USA-15, 2974-PS, original statement of Sauckel's positions; USA-16, 2965-PS, original statement of Jodl's positions; USA-17, 2910-PS, original statement of Seyss Inquart's positions; USA-18, 2980-PS, original statement of Speer's positions; USA-19, 2972-PS, original statement of Von Neurath's positions; USA-20, 2976-PS, original statement of Fritzsche's positions. Document books: USA-A, Common Objectives, Methods, and Doctrines of Conspiracy; USA-B, The Acquiring of Totalitarian Control over Germany; Political; First Steps; Control Acquired; USA-C, Consolidation of Control; (Utilization and Molding of Political Machinery); USA-F, Purge of Political Opponents; Terrorization; USA-G, Destruction of Trade Unions and Acquisition of Control over Productive Labor Capacity in Germany; USA-H, Suppression of the Christian Churches in Germany; USA-I, Adoption and Publication of the Program for Persecution of the Jews. May it please the Tribunal, Mr.
COL. STOREY: Justice Jackson called my attention-while we are offering all of these on behalf of the United States, naturally they are for the benefit and on the behalf of all the other nations who are cooperating in this case.
THE PRESIDENT: That is understood.
MAJOR WALLIS: May it please the Court, when we adjourned yesterday afternoon, I was in the process of developing the various means by which these conspirators acquired a totalitarian control of Germany. I wish to continue on that subject this morning, and I will first discuss the reshaping of education and the training of youth; and in accordance with Your Honors' suggestion, I offer the document book, United States Exhibit D, and would call to the Court's attention that this book contains translations of the documents which we rely upon with respect to this portion of the case. These documents consist of German writings, German speeches of the defendants and other Nazi leaders, and are matters that we suggest are clearly within the purview of judicial notice of the Court. And in the brief which is offered for the assistance of the Court in connection with this subject, the exact portions of the documents which are desired to be brought to the attention of the Tribunal are set forth either by quotation from the documents, or by reference to the specific page number of the documents. Meanwhile, during this entire pre-war period, the nation was being prepared psychologically for war, and one of the most important steps was the reshaping of the educational system so as to educate the German youth to be amenable to their will. Hitler publicly announced this purpose in November 1933, and I am quoting from Document 2455-PS. He said: "When an opponent declares, 'I will not come over to your side, and you will not get me on your side', I calmly say, 'Your child belongs to me already. A people lives forever. What are you? You will pass on. Your descendants, however, now stand in the new camps.
MAJOR WALLIS: In a short time they will know nothing else but this new community'." He further said in May 1937, and I refer to Document Number 2454-PS: "This new Reich will give its youth to no one, but will itself take youth and give to youth its education and its own upbringing." The first steps taken in making the German schools the tools of the Nazi educational system were two decrees in May 1934, whereby the Reich Ministry of Education was established and the control of education by local authorities was replaced by the absolute authority of the Reich in all educational matters. These decrees are set out in Documents 2078-PS, 2088-PS, 2392-PS. Thereafter, the curricula and organization of the German schools and universities were modified by a series of decrees in order to make these schools effective instruments for the teaching of Nazi doctrines. The Civil Service Law of 1933, which was presented in evidence yesterday, made it possible for the Nazi conspirators to re-examine thoroughly all German teachers and to remove all 'harmful and unworthy elements", harmful and unworthy in the Nazi opinion. Many teachers and professors, mostly Jews, were dismissed and were replaced with State-spirited teachers. All teachers were required to belong to the National Socialist Teacher's League, which organization was charged with the framing of all teachers in the theories and doctrines of the NSDAP. This is set forth in Document 2452-PS. The Fuehrerprinzip was introduced into the schools and universities. I refer to Document 2393-PS. In addition, the Nazi conspirators supplemented the school system by training the youth through the Hitler Jugend. The law of the Hitler Jugend, which is set forth in Document 1392-PS, states: "The German youth, besides being reared within the family and school, shall be educated physically, intellectually, and morally in the spirit of National Socialism to serve the people and community through the Hitler Youth." In 1925 the Hitler Youth was officially recognized by the Nazi Party and became a junior branch of the SA.
MAJOR WALLIS: In 1931 the Defendant Schirach was appointed Reich Youth Leader of the NSDAP with the rank of SA Gruppenfuehrer. I refer to Document 1458-PS. In June 1933 the Defendant Schirach was appointed Youth Leader of the German Reich. I refer to the same document, 1458-PS. In that same month, on orders of the Defendant Schirach, the Nazi conspirators destroyed or took over all other youth organizations. This was accomplished by force in the first instance. The Defendant Schirach, by decree dated 22 June, 1933-I refer to Document 2229-PS-dissolved the Reich Committee of the German Youth Associations and took over their property. By similar decrees, an of which are set forth in the document book, all the youth organizations of Germany were destroyed. Then the Nazi conspirators made membership in the Hitler Jugend compulsory. I refer to Document 1392-PS. The Hitler Jugend from its inception had been a formation of the Nazi Party. By virtue of the 1936 Youth Law, making membership compulsory, it became an agency of the Reich Government while still retaining its position as a formation of the Nazi Party. This is set forth in Document 1392-PS. By 1940 membership in the Hitler Jugend was over seven million. I refer you to Document 2435-PS. Through the Hitler Jugend the Nazi conspirators imbued the youth with Nazi ideology. The master race doctrine and anti-Semitism, including physical attack on the Jews, were systematically taught in the training program. I refer you to Document 2436-PS. The Hitler Jugend indoctrinated the youth with the idea that war is a noble activity. I refer to Document 1458-PS. One of the most important functions of the Hitler Jugend was to prepare the youth for membership in the Party and its formations. The Hitler Jugend was the agency used for extensive pre-military and military training of youth. I refer to Document 1850-PS. In addition to general military training, special training was given in special formations. These included flying units, naval units, motorized units, signal units, et cetera.
MAJOR WALLIS: The full details with the accompanying documents of the methods used by the Nazi conspirators in reshaping the educational system and supplementing it with the Hitler Jugend so as to educate the German youth to be amenable to the Nazi will and prepare youth for war are set forth in the document book which has been offered, and in the accompanying briefs. Now I would like to direct your attention to the weapon of propaganda that was used during this period, and for this purpose I offer United States Exhibit Number E with the accompanying brief. His document book and the briefs which accompany it....
THE PRESIDENT: Have any copies of these documents been provided for the Defense Counsel?
COL. STOREY: I understand, Sir, they have been sent to the Defendants' Information Center. I may say, Sir, that with tomorrow we will have them in advance to everybody, including the Court and the Defense Counsel.
THE PRESIDENT: Very well.
MAJOR WALLIS: This document book and the accompanying brief is entitled "Propaganda Censorship and Supervision of Cultural Activities." During this period one of the strongest weapons of the conspirators was propaganda. From the outset they appreciated the urgency of the task of inculcating the German masses with the National Socialist principles and ideology. The early utterances of Hitler and his fellow conspirators evidenced full recognition of the fact that their power could endure only if it rested on general acceptance of their political and social views. Immediately following their accession to power, the Nazi conspirators instituted a determined program for wholesale organization of the masses by seizing control of all vehicles of public expression. The wide-spread use of propaganda by the powerful machine thus created became a key device in establishing control over all phases of the German economy, public and private. They conceived that the proper function of propaganda was to prepare the ground psychologically for political action and military aggression and to guarantee popular support of a system which was based on a permanent and steadily intensified application of terror and aggression both in the sphere of domestic politics and foreign relations. To attain these objectives, propaganda was used to create specific thought patterns designed to make the people amenable to the aims and program of the Nazis and to foster their active participation therein to the greatest extent possible. The nature of this propaganda is within the judicial purview of the Court. As Goebbels put it, it was aimed at "the conquest of the masses." Its intended effect was the elimination of all serious resistance in the masses. To achieve this result, as will be shown later in the evidence, the Nazi conspirators were utterly unscrupulous in their choice of means, a total disregard of veracity that presented their case purely from the standpoint of political expediency and their conception of national self-interest.
MAJOR WALLIS: Inasmuch as propaganda was the means to an end, "the conquest of the masses," it required different strategy at different times, depending on the objectives issued and pursued by the Nazi conspirators at any given moment. According to primer: "the first task of propaganda is the gaining of people for the future organization." The recruiting of people for enlistment in the Party and supervised organizations was the primary objective in the years preceding and immediately following the seizure of power. After the rise to power, this task was broadened to include the enlistment of the people as a whole for the active support of the regime and its policies. As the Reich Propaganda Leader of the Party and Reich Minister for Propaganda, Goebbels stated: "Propaganda, the strongest weapon in the conquest of the State, remains the strongest weapon in the consolidation and building up of the State." The methods which they used to control this strongest weapon in the power of the State are set forth in a chart which I would like to call to the Court's attention at this time, and would like to introduce in evidence as USA Exhibit Number 21. As you will note from the chart, there were three separate levels of control within the German Reich. The first level was the Party controls, which are represented on the chart by the top block. And you will see that the Party through its Examining Commission controlled the books and magazines, and issued books and magazines setting forth the ideology of the Party. The second block, the Press Leader Division, supervised all publishers, headed Party newspapers and book publishers. The third block, Press Chief,-this office controlled the Press Political Office, the Press. Personnel Office, and supervised Party treatment of the press and treatment of Party affairs in the press.