dtufail/nuremberg-trials-corpus huggingface dataset:
COL. STOREY: I refer now to Document 2057-PS, which is the English translation of the "Law Relating to the National Emergency Defense Measures" of 3 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- this still has reference to the blood purge: "The measures taken on 30 June and 1 and 2 July 1934 to counteract attempts at treason and high treason shall be considered as national emergency defense." On 12 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, 12 July 1934, 1934 Reichsgesetzblatt , Part I, Pages 605 and 606: "In constant, close connection with the agencies competent for legislation, it"-the academy-"shall further the realization of the National Socialist program in the realm of the law." 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 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 I refer to Document 2003-PS, which establishes that fact, and I do not quote.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 of 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. I again refer to Document 1393-PS, not quoting, which is the English translation and gives the authority.
COL. STOREY: 17 Dec.45 Finally, by the law of 15 September 1934 the swastika flag of the Party was made the official flag of the Reich. I refer to Document 2079-PS, 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 23 April 1936 a law was enacted granting amnesty for crimes which the offender had committed "in his eagerness to fight for the National Socialist ideals." I cite Document 1386-PS, which is the English translation of the "Law Concerning Amnesty," Reichsgesetzblatt 1936, Part I, Page 378. 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 total mobilization of the German youth And I cite Document 1392-PS, 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 NSDAP. 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 4 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, 1938 Reichsgesetzblatt , Part I, Page 111. Hitler says, "From now on, I take over directly and personally the command of the whole Armed Forces." By virtue of the earlier law of 1 August 1934 Hitler combined the offices of the Reich President and the Chancellorship.
COL. STOREY: 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 30 January 1933. The Fuehrer's will is the supreme law in the Party.... "By authority of the law about the Chief of State of the German Reich, dated 1 August 1934, the of lice 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 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." A decree of 16 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 "elating 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 Defense of the Reich, and to give his assent to those of the Lander and of the Reich governors-the Lander being the German states. All communications between the State and Party authorities, unless within the Gau only, were to pass through Bormann's hands.
COL. STOREY: 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 of 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 official, or Party official, to fulfill his desire. He demanded that the Reichstag officially recognize this asserted right; and on the 26th of 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 26 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 employee-to fulfill his duties.
COL. STOREY: 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." Hitler, himself, perhaps, best summarized 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 20 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 of 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 I introduce it as Exhibit USA-331: "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, 5 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 5 years has not only made the nation National Socialist but also has given itself that perfect organizational structure which guarantees its preservation for all the future.
COL. STOREY: The greatest guarantee of the National Socialist revolution lies in the complete domination of the Reich and all of its institutions and organizations, 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 command 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...." 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 Hoheitstrager, in February 1939. In this article, which was addressed to all Hoheitstrager, the Leadership Corps is reminded that it has conquered the state and 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 do you fight? Foreign politics? You have the Wehrmacht-it will wage the fight if fight is required. Domestic politics? You have the law and the police which can change everything which does not agree with you."
THE PRESIDENT: Is this a good time to break off?
COL. STOREY: Yes, Sir.
COL. STOREY: In view of the domination of the German State and Government by the Nazi Party and the Leadership Corps thereof as established by the foregoing and other evidence heretofore recited in the previous trial briefs, it is submitted that the Leadership Corps of the Nazi Party is responsible for the measures, including the legislative enactments, taken by the German State and Government ire furtherance of the conspiracy formulated and carried out by the co-conspirators and the organizations charged with criminality in the present case. I now skip and go to the overt acts and crimes of the Leadership Corps. The evidence now to be presented will establish that the membership of the Leadership Corps actively entered into a wide variety of acts and measures designed to advance the course of the conspiracy. The evidence will show that such participation by the Leadership Corps in the conspiracy embraces such measures as anti-Semitic activities, war crimes committed against members of the Allied Forces, participation in the forced-labor program, measures to subvert and undermine the Christian religion and persecute the Christian clergy, the plundering and spoliation of cultural and other property in German occupied territories in Europe, participation in plans and measures leading to the initiation and prosecution of aggressive war, and in general, the wide variety of measures embracing the Crimes against the Peace, War Crimes, and Crimes against Humanity as defined and denounced by the Charter . The first item of evidence we have to introduce is in connection with the participation of the Gauleiter and Kreisleiter in what the Nazis describe as the "spontaneous uprising of the people" against the Jews throughout Germany on 9 and 10 November 1938.
COL. STOREY: We do not intend to introduce, by diverting from the text, any evidence formerly introduced by Major Walsh on the persecution of the Jews but only to show the connection of a few of the Party officials in connection with the assassination of an official of the German Embassy in Paris on the 7th of November. The evidence relating to these pogroms has been thoroughly presented in connection with the Prosecution's evidence in other phases of the case, particularly of the persecution of the Jews. I shall therefore limit myself to two documents and will request the Tribunal to recall that in the teletyped directive from SS Gruppenfuehrer Heydrich, issued the 10th of November 1938 to all police headquarters and SD districts, all chiefs of the State Police were ordered to contact the political leaders in the Gaue and the Kreise and to arrange with these high officials in the Leadership Corps the organization of the so-called spontaneous demonstrations against the Jews. The evidence previously presented shows that pursuant to this directive a large number of the Jewish shops and businesses were pillaged and wrecked, synagogues set on fire, individual Jews beaten up, and large numbers taken to concentration camps. This evidence forcibly illustrates the employment and participation of all the Kreisleiter and Gauleiter in illegal and inhuman measures designed to further the anti-Semitic program which was an original and continuous objective of the Leadership Corps of the Nazi Party. I simply refer again to Document 3051-PS, Exhibit Number USA-240, and simply call Your Honors' attention to the different political leaders that were named in that document; and I will not attempt to read nor refer to it again. Diverting again from the text, I want to offer at this time in evidence .
THE PRESIDENT: Colonel Storey, is it addressed to these various ranks in the Leadership Corps?
COL. STOREY: Your Honor, I notice on the first page it is addressed-I am not good in German-but to the State Police, to the SD, and to some other SD officials.
THE PRESIDENT: What has that got to do with the Leadership Corps?
COL. STOREY: It has to do with directions to Party officials to take part in these demonstrations. In other words, through certain officials of the Leadership Corps this directive was dispatched and directed.
THE PRESIDENT: Are you sure the State Police and SD are any of these ranks in the Leadership Corps?
COL. STOREY: If Your Honors will refer to this original chart, this big one, you will notice that the SA, and SS, and several of the organizations are listed on the left-hand part of that big chart. I think it is in the folder there on Your Honors' desk. In other words, the close examination of that directive will show that they were to contact different political leaders in connection with the carrying into effect of this demonstration of the 9th and 10th of November. That is the only purpose for which it is offered. It has been introduced in evidence, but the reason I mention it at this time . . .
THE PRESIDENT: I can't see that it shows it. It seems to me to be a letter from the Chief of the Security Police to all headquarters and stations of the State Police.
COL. STOREY: I don't have the English translation before me at this moment, Your Honor.
THE PRESIDENT: Well, go on:
COL. STOREY: I now offer in evidence Document 3063-PS, Exhibit USA-332. This was a report from the Chief Party Judge Buch to the Defendant Goering, dated the 13th of February 1939, concerning actions taken by the Supreme Party Court for excesses in connection with the demonstrations of 9 and 10 November 1938. I don't believe this, if Your Honors please, is in the document book- 3063-PS.
THE PRESIDENT: Yes, it is.
COL. STOREY: I beg your pardon. I had forgotten whether it is in here. I quote just a brief portion of it: "When all the synagogues burned down in one night it must have been organized in some way and can only have been organized by the Party." 17 Dec.45 It is a long document, and that is the only portion I quote. I don't have the reference to it.
THE TRIBUNAL (Mr. Biddle): What page?
COL. STOREY: I am sorry, Sir, I don't have the reference book.
THE PRESIDENT: On Page 1. As you say you don't have the document before you, there isn't much use referring you to it.
COL. STOREY: I gave the German text over there, Sir. "When all the synagogues burned down in one night it must have been organized in some way, and can only have been organized by the Party." The first paragraph, Page 7. Now I turn to illustrate the crimes against the Allied airmen. The members of the Leadership Corps of the Nazi Party participated in and shared the responsibility for the murder, beating, and ill-treatment of Allied airmen who landed in German or German controlled territory. Many Allied airmen who bailed out of disabled planes over Germany were not treated as prisoners of war but were beaten and murdered by German civilians with the active condonation, indeed at the instigation, of some of the Leadership Corps of the Nazi Party. Such a course of conduct by the Leadership Corps represented a flagrant and deliberate violation by the German Government of its obligations under the Geneva Convention to protect prisoners of war against acts of violence and ill-treatment. As shown by Document 2473-PS-it is necessary to turn to that-which is a list of the Reichsleiter of the Nazi Party appearing in the National Socialist Yearbook of 1943 and by Document 2903-PS, which is this large chart, Heinrich Himmler was a Reichsleiter of the Nazi Party and thus a top official in the Leadership Corps by virtue of his positions as Reichsfuehrer of the SS and Delegate for German Folkdom. I now offer in evidence an original order signed by Himmler, Document R-110 as Exhibit Number USA-333. It is dated 10 August 1943, and I quote: "It is not the task of the police to interfere in clashes between Germans and English and American terror fliers who have bailed out." This order was transmitted in writing to all senior executive SS and Police officers, and orally to their subordinate officers and to all Gauleiter. As shown in Document 2473-PS and by the chart, Joseph Goebbels...
THE PRESIDENT: I was only thinking that the police are not part of the Leadership Corps, are they?
COL. STOREY: But Himmler, if Your Honor pleases, combined the offices himself of the Reichsfuehrer of the SS and head of the German police. He was an officer of the State; he was an officer of the Party; and he issued this to officials of the Leadership Corps.
THE TRIBUNAL (Mr. Biddle): And your point is, this order of Himmler's would be proof against the 600,000 members that you have spoken of?
COL. STOREY: Not against the members, but I said against the organization as a criminal organization, because from the top it disseminated orders of this type through the channels of the Leadership Corps.
THE PRESIDENT: But that is what I was putting to you, that it was not through the channels of the Leadership Corps, but through the channels of the police.
COL. STOREY: But the police, if Your Honor pleases, were connected with the Leadership Corps; and Himmler stood at the top of both. It does not show on that chart; but it is shown on the other big chart, if Your Honors please, with reference to Goebbels, who was a top-flight official in the Leadership Corps of the Nazi Party, by virtue of his position as Propaganda Leader of the Party. In the issue of the Volkischer Beobachter of 29 May 1944 there appeared an article written by Goebbels, the Reichsleiter for Party Propaganda, in which he openly invited the German civilian population to punish Allied fliers shot down over Germany. I refer to Document 1676-PS, Exhibit USA-334, which is the issue of the Volkischer Beobachter containing this article inciting the people to the commission of War Crimes. I now quote: "It is only possible with the aid of arms to secure the lives of enemy pilots who were shot down during such attacks, for they would otherwise be killed by the sorely tried population. Who is right here? The murderers who, after their cowardly misdeeds, await a humane treatment on the part of their victims, or the victims who wish to defend themselves according to the principle: 'An eye for an eye, a tooth for a tooth'? This question is not hard to answer." Reichsleiter Goebbels then proceeds to answer this question in the following language, and still quoting: "It seems to us hardly possible and tolerable to use German police and soldiers against the German people when it treats murderers of children as they deserve." On the 30th of May 1944 the Defendant Bormann, Reichsleiter and Chief of the Party Chancellery, issued a circular letter on the subject which furnishes indisputable proof that British and American fliers, who were shot down, were lynched by the German population. I offer this circular letter of the Defendant Bormann into evidence-Document 057-PS; it is up towards the top.
THE PRESIDENT: Have you got the original book?