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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 of 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 (1893PS) states as follows:

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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 should 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

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 postu-
lated by him which serve to further or achieve victory. There-
fore-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 Ex-
ecutive 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 com-
mon soldier or officer, low or high official or judge, leading or
subordinate official of the Party, worker or employee-to ful-
fill 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 with-
out 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 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:

"National Socialism has given the German people that leader-
ship 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
* National Socialism
safeguarded forever
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 na-
tion National Socialist, but also has given itself that perfect
organizational structure which guarantees its permanence
for all future. The greatest guarantee of the National So-
cialist revolution lies in the complete domination of the Reich
and all its institutions and organizations, internally and ex-
ternally 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 Hoheitstrager". 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. Innerpolitically? You have the law and the police which can change everything which does not agree with you." (3230PS)

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 evidence, the Leadership Corps is responsible for the measures, including legislative enactments, taken by the German State and Government in furtherance of the Conspiracy formulated and carried out by the co-conspirators and the organizations charged with criminality.

For example, as revealed by the above evidence, Point 4 of the original Party Program declared that a Jew was not a member of the German race and, therefore, was not entitled to citizenship. This premise was incorporated into the law of the Third Reich by numerous anti-Semitic and discriminatory laws. Consequently, it is submitted that, by virtue of their control over the German State and Government, the Nazi Party and the Leadership Corps share responsibility for, among other enactments and measures furthering the Conspiracy, discriminatory laws against the Jews.

(2) Overt Acts and Crimes of the Leadership Corps. The membership of the Leadership Corps of the Nazi Party actively participated in measures designed to further the progress of the Conspiracy. The evidence will show that the participation by the Leadership Corps in the Conspiracy embraces such measures as anti-Semitic activities, war crimes committed against members of the Allied forces, 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 of Europe, and plans and measures leading to the initiation and prosecution of aggressive war.

(a) Crimes against Jews. The Gauleiter and Kreisleiter participated in what were disingenuously described by the Nazis as the "spontaneous uprising of the people" against the Jews throughout Germany on 9 and 10 November 1938 in connection with the assassination of an official of the German Embassy in' Paris on 7 November. (The evidence relating to these programs is discussed in Chapter XI on the concentration camps, and Chapter XII on the persecution of the Jews.) It will be recalled that in the teletyped directive from SS-Gruppenfuehrer Heydrich, issued on 10 November 1938, to all police headquarters and SD districts, all chiefs of the State Police were ordered to arrange with the political leaders in the Gaue and Kreise the organization of the so-called spontaneous demonstrations against the Jews (3051-PS). Pursuant to this directive, a large number of Jewish shops and businesses were pillaged and wrecked, synagogues were set on fire, individual Jews were beaten up, and large numbers were taken off to concentration camps. These events forcefully illustrate the employment and participation of all the Kreisleiter and Gauleiter in illegal measures designed to further the anti

Semitic program, which was an original and continuing objective of the Leadership Corps.

(b) Crimes against Allied Airmen. The members of the Leadership Corps of the Nazi Party participated in the murder, beating, and ill-treatment of American airmen who landed in German or German-controlled territory. American 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 condonence, indeed at the instigation of the Leadership Corps. Such a course of conduct by the Leadership Corps represented a deliberate violation by the German Government of its obligations, under the Geneva Prisoners of War Convention, to protect prisoners of war against acts of violence and ill-treatment.

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 (2473-PS; Chart No. 1). An order signed by Himmler (R-110), dated 10 August 1943, reads as follows:

"It is not the task of the police to interfere in clashes between Germans and English and American terror fliers who have bailed out." (R-110)

This order was transmitted in writing to all senior executive SS and police officers, and orally to their subordinate officers and to all Gauleiter.

Joseph Goebbels was a top-flight official in the Leadership Corps of the Nazi Party by virtue of his position as Propaganda Leader of the Party (2473-PS; Chart No. 1). In the issue of the Voelkischer Beobachter for 26/29 May 1944, there appeared an article written by Goebbels, the Reichsleiter for Party Propaganda, in which he openly invited the German civil population to murder Allied fliers shot down over Germany (1676-PS). After alleging that Anglo-American pilots have engaged in machine gun attacks against civilians, Goebbels continues:

"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." (1676-PS)

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