dtufail/nuremberg-trials-corpus huggingface dataset:
LT. LAMBERT: There is, however, one brief point, if I may be permitted, which I should like to emphasize, about the last paragraph, because I think it is helpful to the Prosecution's case against the Leadership Corps of the Nazi Party. The Tribunal will recall that it asked certain very material questions with respect to whether the Prosecution's evidence involved the rank and file of the Leadership Corps. In the last paragraph of this decree Bormann instructs the Ortsgruppenleiter now that is way down in the Leadership Corps hierarchy under Kreisleiter and Gauleiter-to report to the Gestapo persons who criticize Nazi Party institutions. Now, an important point with respect to the tie-up between Bormann and the SS. The Tribunal has already received the evidence establishing the criminality of the SS. In this connection, I respectfully request the Tribunal to notice judicially the July 1940 issue of Das Archiv, our Document 3234-PS. On Page 399 of that publication, under date 21 July 1940, it is stated that the Fuehrer promoted Defendant Bormann from major general to lieutenant general in the SS. Accordingly, we respectfully submit that Bormann is chargeable and jointly responsible for the criminal activities of the SS. After the flight of the Defendant Hess to Scotland in May 1941, the Defendant Bormann succeeded him as head of the Nazi Party under Hitler, with the title Chief of the Party Chancellery. I request the Tribunal to take judicial notice of a decree of 24 January 1942, 1942 Reichsgesetzblatt, Part I, Page 35. In our conception this is an extremely important decree, because by virtue of it the participation of the Party in all legislation and in government appointments and promotions had to be undertaken exclusively by Bormann. He was to take part in the preparation-and we emphasize that-as well as the enactment and promulgation of all Reich laws and enactments; and further, he had to give his assent to all enactments of the Reich Lander-that is, he states-as well as all decrees of the Reich governors.
LT. LAMBERT: All communications between state and Party officials had to pass through his hands. And, as a result of this law, we respectfully submit, Bormann is chargeable for every enactment issued in Germany after 24 January 1942 which facilitates and furthers the conspiracy. It will be helpful, I believe, to point out and to request the Court to take judicial notice of a decree of 29 May 1941, 1941 Reichsgesetzblatt, Part I, Page 295 (Document 2099-PS); in this decree Hitler ordered that Bormann should take over all powers and all offices formerly held by the Defendant Hess. I request the Tribunal to take judicial notice of another very important decree, that of the Ministerial Council for Defense of the Reich, 16 November 1942 ...
THE PRESIDENT: Are these documents set out in the document book?
LT. LAMBERT: Yes, Sir.
THE PRESIDENT: You haven't given us the reference.
LT. LAMBERT: That is true, Sir. I recall from memory, although I do not have it in my manuscript, that document, that important decree of 24 January 1942, is our Document, I believe, 2100-PS. I now request the Tribunal to take judicial notice of the important decree of the Ministerial Council for Defense of the Reich, dated 16 November 1942, 1942 Reichsgesetzblatt, Part I, Page 649 (Document JN-5). Under this decree all Gauleiter, who were under Bormann by virtue of his position as Chief of the Party Chancellery, were appointed Reich defense commissars and charged with the co-ordination, supervision, and management of the aggressive Nazi war effort. From then on the Party, under Bormann, became the decisive force in planning and conducting the aggressive Nazi war economy. On 12 April 1943, as is shown in the publication The Greater German Reichstag, 1943 edition, Page 167, our Document 2981-PS, Bormann was appointed Secretary of the Fuehrer and we submit that this fact testifies to the intimacy and influence of the Defendant Bormann with the Fuehrer and enlarges his role in, and responsibility for, the conspiracy. We now come to the important point of Bormann's executive responsibility for the acts of the Volkssturm. I request the Tribunal to notice judicially a Fuehrer order of 18 October 1944, which was published in the official Volkischer Beobachter, 20 October 1944 edition, in which Hitler appointed Bormann political and organizational leader of the Volkssturm. This is set forth in our Document 3018-PS. In this decree Himmler is made the military leader of the Volkssturm, but the organizational and political leadership is entrusted to Bormann. The Tribunal will know that the Volkssturm was an organization consisting of all German males between 16 and 60. By virtue of his leadership of the Volkssturm Bormann was instrumental in needlessly prolonging the war, with a consequential destruction of the German and the European economy and a loss of life and destruction of property.
LT. LAMBERT: We come now to deal with the responsibility of the' Defendant Bormann with respect to persecution of the Church. The Defendant Bormann authorized, directed, and participated in measures involving the persecution of the Christian Church. The Tribunal, of course, has heard much in this proceeding concerning the acts of the conspiracy involving the persecution of the Church. We have no desire now to rehash that evidence. We are interested in one thing alone, and that is nailing on -the Defendant Bormann his responsibility, his personal, individual -responsibility, for the persecution of the Church. I shall now present the proofs showing the responsibility of Bormann with respect to such persecution of the Christian churches. Bormann was among the most relentless enemies of the Christian Church and Christian clergy in Germany and in German- occupied Europe. I refer the Tribunal, without quoting therefrom, to Document D-75, previously introduced in evidence as Exhibit Number USA-348, which contains a copy of the secret Bormann decree of 6 June 1941 entitled "The Relationship of National Socialism to Christianity." In this decree, as the Tribunal will well recall, Bormann bluntly declared that National Socialism and Christianity were incompatible, and he indicated that the ultimate aim of the conspirators was to assure the elimination of Christianity itself. I next refer the Tribunal, without quotation, to Document 098-PS, previously put in as Exhibit Number USA-350. This is a letter from the Defendant Bormann to the Defendant Rosenberg, dated 22 February 1940, in which Bormann reaffirms the incompatibility of Christianity and National Socialism. Now, in furtherance of the conspirators' aim to undermine the Christian churches, Bormann took measures to eliminate the influence of the Christian Church from within the Nazi Party and its formations. I now offer in evidence Document 113-PS, as Exhibit USA-683.
LT. LAMBERT: This is an order of the Defendant Bormann, dated 27 July 1938, issued as chief of staff to the Deputy of the Fuehrer Hess, which prohibits clergymen from holding Party offices. I shall not take the time of the Tribunal to spread this quotation upon the Record. The point of it is, as indicated, that Bormann issued an order forbidding the appointment of clergymen to Party positions.
THE PRESIDENT: Perhaps this would be a good time to break off for 10 minutes. [A recess was taken.]
LT. LAMBERT: May it please the Tribunal, we are dealing with the efforts of the Defendant Bormann to expel and exorcise from the Party all church and religious influence. I offer in evidence Document 838-PS, as Exhibit USA-684. I shall not burden the Record with extensive quotation from this exhibit, but merely point out that this is a copy of a Bormann decree dated 3 June 1939, which laid it down that followers of Christian Science should be excluded from the Party. The attention of the Tribunal is next invited to Document 840-PS, previously introduced in evidence as Exhibit USA-355. The Tribunal will recall that this was a Bormann decree of 14 July 1939, referring with approval to an earlier Bormann decree of 9 February 1937 in which the Defendant Bormann ruled that in the future all Party members who entered the clergy or who undertook the study of theology were to be expelled from the Party. I next offer in evidence Document 107-PS, Exhibit USA-351. This is a circular directive of the Defendant Bormann, dated 17 June 1938, addressed to all Reichsleiter and Gauleiter-top leaders of the Leadership Corps of the Nazi Party-transmitting a copy of directions relating to the non- participation of the Reich Labor Service in religious celebrations. The Reich Labor Service, the Tribunal will recall,, compulsorily incorporated all Germans within its organization.
DR. FRIEDRICH BERGOLD (Counsel for Defendant Bormann): The member of the Prosecution has just submitted a number of documents, in which he proves that, on the suggestion of Bormann, members of the Christian religion were to- be excluded from the Party or from certain organizations. I beg the High Tribunal to allow the member of the Prosecution to explain to me how and why this activity, that is, the exclusion of Christians from the Party, can be a War Crime. I cannot gather this evidence from the trial brief. The Party is described as criminal-as a conspiracy. Is it a crime to exclude certain people from membership in a criminal conspiracy? Is that considered a crime? How and why is the exclusion of certain members from the Party a crime?
THE PRESIDENT: Counsel will answer you.
LT. LAMBERT: If the Tribunal will willingly accommodate argument at this stage, we find that the question.
THE PRESIDENT: Only short argument.
LT. LAMBERT: Yes, Sir.. . . admits of a short, and, as it seems to us, an easy answer. The point we are now trying to prove-and evidence is abounding on it-is that Bormann had a hatred and an enmity and took oppositional measures towards the Christian Church. The Party was the repository of political power in Germany. To have power one had to be in the Party or subject to its favor. By his efforts, concerted, continuing, and consistent, to exclude clergymen, theological students, or any persons sympathetic to the Christian religion, Bormann could not have chosen a clearer method of showing and demonstrating his hatred and his distrust of the Christian religion and those who supported it.
THE PRESIDENT: Counsel for Bormann can present his argument upon this subject at a later stage. The documents appear to the Tribunal to be relevant.
LT. LAMBERT: With the Tribunal's permission, I had just put in Document 107-PS and pointed out that it transmitted directions relating to the non-participation of the Reich Labor Service in religious celebrations. I quote merely the fourth and fifth paragraphs of Page I of the English translation of Document 107-PS, which reads as follows: "All religious discussion is forbidden in the Reich Labor Service because it disturbs the comrade-like union of all working men and women. "For this reason also any participation of the Reich Labor Service in church, that is, confessional, services and celebrations is impossible." The attention of the Tribunal is next invited to Document 070-PS, previously put in as Exhibit USA-349. The Tribunal will recall that this was a letter from Bormann's office to the Defendant Rosenberg, dated 25 April 1941, in which Bormann declared that he had achieved progressive success in reducing and abolishing religious services in schools and in replacing Christian prayers with National Socialist mottoes and rituals. In this letter Bormann also proposed a Nazified morning service in the schools in place of the existing confession and morning service. In his concerted efforts to undermine and subvert the Christian churches, Bormann authorized, directed, and participated in measures leading to the closing, reduction, and suppression of theological schools, faculties, and institutions. The attention of the Tribunal is invited to Document 116-PS, Exhibit Number USA-685, which I offer in evidence. This is a letter from the Defendant Bormann to the Defendant Rosenberg, dated 24 January 1939, enclosing for Rosenberg's cognizance a copy of Bormann's letter to the Reich Minister for Science, Education, and Popular Culture. In the enclosed letter Bormann informs the Minister as to the Party's position in favor of restricting and suppressing theological faculties.
LT. LAMBERT: Bormann states that, owing to war conditions, it had become necessary to reorganize the German high schools and, in view of this situation, he requested the Minister to restrict and suppress certain theological faculties. I now quote from the first paragraph on Page 3 of the English translation of Document 116-PS, which reads as follows: "I therefore should like to see you put the theological faculties under substantial limitations, where, for the above reasons, they cannot be entirely eliminated. This will apply not only to the theological faculties at universities but also to the various state institutions which, as seminaries having no affiliation with any university, still exist in many places. "I request that no express explanations be given to churches or, other institutions and that public announcement of these measures be avoided. Complaints and the like are to be answered if at all, with the explanation that these measures are carried out in the course of planned economy and that the same is happening to other faculties. "I would be glad if the professorial chairs thus made vacant could then be turned over especially to those fields of research newly created in recent years, such as racial research, archeology, et cetera, Martin Bormann." In our submission, what this document comes to is a request from Bormann to this effect: Please close down the religious faculties and substitute in their place Nazi faculties and university chairs with the mission of investigating racism, cultism, Nazi archeology. This sort of thing was done in the Hobe Schule, as was so clearly demonstrated in the Prosecution's case against the plundering activities of the Einsatzstab Rosenberg. The attention of the Tribunal is next invited to Document 122-PS, previously put in as Exhibit Number USA-362.
LT. LAMBERT: The Tribunal will recall that 122-PS is a letter from the Defendant Bormann to the Defendant Rosenberg, dated 17 April 1939, transmitting to Rosenberg a photostatic copy of the plan of the Reich Minister of Science, Education, and Popular Culture for the combining and dissolving of certain specified 'theological faculties. In his letter of transmittal Bormann requested Rosenberg 'to take "cognizance and prompt action". with respect to the proposed suppression of religious institutions. I next offer in evidence Document 123-PS, Exhibit USA-686. This is a confidential letter from the Defendant Bormann to the Minister of Education, dated 23 June 1939, in which Bormann sets forth the Party's decision to order the suppression of numerous theological faculties and religious institutions. The Tribunal will note that the letter lists 19 separate religious institutions with respect to which Bormann ordered dissolution or restriction. After directing the action to be taken by the Minister in connection with the various theological faculties, Bormann stated as follows -and I quote from the next to last paragraph of Page 3 of the English translation of Document 123-PS: "In the above I have informed you of the Party's wishes, after thorough investigation of the matter with all Party offices. I should be grateful if you would initiate the necessary measures as quickly as possible. With regard to the great political significance which every single case of such a consolidation will have for the Gau concerned, I ask you to take these measures and particularly to fix dates for them always in agreement with me." I next offer in evidence, without quotation, Document 131-PS as Exhibit USA-687. In summary, without quotation therefrom, this is a letter from the Defendant Bormann to the Defendant Rosenberg, dated 12 December 1939, relating to the suppression of seven professorships in the near-by University of Munich. Now I deal briefly with the responsibility of Bormann for the confiscation of religious property and cultural property.
LT. LAMBERT: Bormann used his paramount power and position to cause the confiscation of religious property and to subject the Christian churches and clergy to a discriminatory legal regime. I offer in evidence Document 099-PS, Exhibit USA-688. This is a copy of a letter from Bormann to the Reich Minister for Finance, dated 19 January 1940, in which Bormann demanded a great increase in the special war tax imposed on the churches. I quote from the first two paragraphs of Page 2 of the English translation of Document 099-PS, which read as follows: "As it has been reported to me, the war contribution of the churches for the 3-month period beginning 1 November 1939 has been tentatively set at RM 1,800,000 per month, of which RM I million are to be paid by the Protestant Church, and RM 800,000 by the Catholic Church. "The fixing of such a low amount has surprised me. I see from numerous reports that political communities are obliged to raise such a large war contribution that the performance of their tasks- some of them very important; for example, in the field of public welfare-is endangered. In view of this, a higher quota also from the churches appears to me to be absolutely justified." The question may arise: Of what criminal effect is it to demand larger taxes from church institutions? As to this demand of Bormann's taken by itself, the Prosecution would not suggest that it had criminal effect, but when viewed within the larger frame of Bormann's demonstrated hostility to the Christian Church and his efforts not merely to circumscribe but to eliminate it, we suggest that this document has probative value in showing Bormann's hostility and his concrete measures to effectuate that hostility against the Christian churches and clergy. I next refer the Tribunal to Document 089-PS, previously put in as Exhibit Number USA-360.
LT. LAMBERT: The Tribunal will recall that this was a letter from Bormann to Reichsleiter Amann, dated 8 March 1940, in which Bormann instructed Amann, Reichsleiter of the Press, to make a sharper restriction in paper distribution against religious writings in favor of publications more acceptable to the Nazi ideology. I next offer in evidence Document 066-PS, as Exhibit USA-689. This is a letter from the Defendant Bormann to the Defendant Rosenberg, dated 24 June 1940, transmitting a draft of a proposed discriminatory church law for Danzig and West Prussia.. This decree is a direct abridgment of religious freedom, for in Paragraph 1-I do not quote, but briefly and rapidly summarize-the approval of the Reich deputy for Danzig and West Prussia is required as a condition for the legal competence of all religious organizations. Paragraph 3 of the decree suspended all claims of religious organizations and congregations to state or municipal subsidies and prohibited religious organizations from exercising their right of collecting dues without the approval of the Reich deputy. In Paragraph 5 of the decree the acquisition of property by religious organizations was made subject to the approval of the Reich deputy. All credit rights acquired by religious organizations prior to I January 1940 were required to be ratified by the Reich Deputy in order to become actionable. I now offer in evidence Document 1600-PS, Exhibit USA-690. This comprises correspondence of Bormann during 1940 and 1941 relating to the confiscation of religious art treasures. I quote the text of the second letter set forth on Page I of the English translation of Document 1600-PS, which is a letter from the Defendant Bormann to Dr. Posse of the State Picture Gallery in Dresden, dated 16 January 1941, which reads as follows, and I quote: "Dear Dr. Posse: "Enclosed herewith I am sending you the pictures of the altar from the convent in Hohenfurth near Krumau.
LT. LAMBERT: The convent and its entire property will be confiscated in the immediate future because of the subversive attitude of its inmates toward the State. "It would be up to you to decide whether the pictures are to remain in the convent at Hohenfurth or are to be transferred to the museum at Linz after its completion "I shall await your opinion in the matter. Bormann." The Tribunal may know that, in what is described as Hitler's last will and testament, he makes a bequest of all the art treasures he had in the museum at Linz, and from a legal point of view he uses the euphemism "art treasures which I have bought." This document, on its face, suggests how at least certain of the properties, the art treasures in the museum at Linz, were acquired. Finally, as the war drew increasing numbers of German youth into the Armed Forces, the Defendant Bormann took measures to exclude and exorcise all religious influence from the troops. The attention of the Tribunal is invited to Document 101-PS, previously put in as Exhibit Number USA-361. The Tribunal will recall that this is a letter from the Defendant Bormann, dated 17 January 1940, in which Bormann pronounced the Party's opposition to the circulation of religious literature to the members of the German Armed Forces. In this letter Bormann stated that if the influence of the church upon the troops was to be effectively fought, this could only be done by producing, in the shortest possible time, a large amount of Nazi pamphlets and publications. I now offer in evidence Document 100-PS, as Exhibit Number USA-691. This is a letter from the Defendant Bormann to Rosenberg, dated 18 January 1940, in which Bormann declares that the publication of Nazi literature for army recruits as a counter measure to the circulation of religious writings was the "most essential demand of the hour." I forbear quoting from that document. Its substance is indicated.
LT. LAMBERT: I now request the Tribunal to notice judicially the authoritative Nazi publication entitled Decrees of the Deputy of the Fuehrer edition of 1937; and I quote from Page 235 of this volume the pertinent and important decree issued by the Defendant Bormann to the Commissioner of the Party Directorate, dated 7 January 1936, the English version of which is set forth in the English translation of our Document 3246-PS. -In this one sentence Bormann aims and directs the terror of the Gestapo against dissident church members who crossed the conspirators, and I quote: "If parish priests or other subordinate Roman Catholic leaders adopt an attitude of hostility toward the State or Party, it shall be reported to the Secret State Police"-Gestapo-"through official channels."-Signed-"Bormann." By leave of the Tribunal, I come now to deal with the responsibility of the Defendant Bormann for the persecution of the Jews. Again, the Prosecution seeks not to rehash the copious evidence in the Record on the persecution of the Jews but rather to limit itself to evidence fastening on the Defendant Bormann his individual responsibility for the persecution of the Jews. Bormann shares the deep guilt of the Nazi conspirators for their odious program in the persecution of the Jews. It was the Defendant Bormann, we would note, who was charged by Hitler with the transmission and implementation of the Fuehrer's orders for the liquidation of the so-called Jewish problem. Following the Party-planned and Party-directed program of 8 and 9 November 1938, in the course of which a large number of Jews were killed and harmed, Jewish shops pillaged and wrecked, and synagogues set ablaze all over the Reich, the Defendant Bormann, on orders from Hitler, instructed the Defendant Goering to proceed to the "final settlement of the Jewish question" in Germany. The attention of the Tribunal is invited to Document 1816-PS, previously put in as Exhibit USA-261. The Tribunal is well acquainted with this document. It has frequently been referred to.