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HJ must procure the approval of the Hoheitstrager of his zone. This means that the Hoheitstrager can prevent the appointment of leaders unsuited for the leadership of youth. If his approval has not been procured, an appointment may
be cancelled if he so requests." (1893-PS) An example of the use of the Party Formations at the call of the Leadership Corps of the Party is provided by the action taken by the Reichsleiter for Party Organization of the NSDAP, Dr. Robert Ley, leading to the deliberate dissolution of the Free Trade Unions on 2 May 1933. A directive issued by Reichsleiter Ley on 21 April 1933 (392-PS) ordered the employment of the SA and the SS in occupying trade union properties and in taking trade union leaders into protective custody: ***
SA as well as SS are to be employed for the occupation of trade union properties and for the taking of personalities who come into question into protective custody. “The Gauleiter (i.e. Regional Director) is to proceed with his measures on a basis of the closest understanding with competent Regional Factory Cells Director.
“The following are to be taken into protective custody:
Officials, Inc.'” (392-PS)
"The political leadership within the Party and its political
It was the official policy of the Leadership Corps to establish close and cooperative relations with the Gestapo. The Head of the German Police and SS, Himmler, was a Reichsleiter on the top level of the Leadership Corps. A decree issued by Bormann, as Chief of Staff of the Deputy of the Fuehrer, dated 26 June 1935, provided the following:
"In order to effect a closer contact between the offices of the Party and its organizations with the Directors of the Secret State Police [Gestapo], the Deputy of the Fuehrer requests that the Directors of the Gestapo be invited to attend all of
the larger official rallies of the Party and its organization." (d) Meetings of the Political Leaders. The contention of the Prosecution that the members of the Leadership Corps constituted a distinctive and identifiable group or organization is strongly supported by the fact that the various Hoheitstraeger (such as the Gauleiter, Kreisleiter, Ortsgruppenleiter, and so on) were under an absolute obligation to meet and confer periodically, not only with the staff officers on their own staffs, but with the political leaders and staff officers immediately subordinate to them. For example, the Gauleiter was bound to confer with his staff officers (such as his deputy, his staff office leader, his organization leader, school leader, propaganda leader, press leader, his Gau Party Judge, and so on) every 8 to 14 days. Furthermore, the Gauleiter was obligated to meet with the various Gauleiter subordinate to him once every 3 months for a 3-day convention for the purpose of discussing and clarifying Nazi Party policies and directives, for hearing basic lectures on Party policy, and for the mutual exchange of information pertinent to the Party's current program. The Gauleiter was also obligated to meet at least once a month with the leaders of the Party formations and affiliated organizations within his Gau area, such as the leaders of the SA, SS, Hitler Youth and others. These matters are set forth in the Organization Book of the NSDAP (1893-PS) as follows:
"Leader conferences in the District:
the sovereignty, by getting to know each other and by a
purpose of mutual orientation.” (1893-PS) The Organization Book of the Party imposes a similar requirement of regular and periodical conferences and meetings upon all the other Hoheitstraeger, including the Kreisleiter, Ortsgruppenleiter, Zellenleiter, and Blockleiter.
The clear consequence of such regular and obligatory conferences and meetings by all the Hoheitstraeger, both with their own staff officers and with the political leaders and staff officers subordinate to them, was that basic Nazi policies and directives issued by Hitler and the leader of the Party Chancellery, Bormann, directly through the chain of command of the Hoheitstraeger, and functional policies issued by the various Reichsleiter and Reich office holders through functional and technical channels, were certain to be brought to the attention and understanding of the bulk of the membership of the Leadership Corps. When this fact is coupled with the further fact that all the members of the Leadership Corps under the Leadership Principle and their sworn oaths, were bound to obey blindly and without question orders received from their competent superiors, it is clear that the general membership of the Leadership Corps is responsible for measures taken or ordered by that organization in furtherance of the conspiracy.
(7) Statistics Relating to the Leadership Corps. As previously shown, the Leadership Corps comprised the sum of officials of the Nazi Party, including, in addition to Hitler and the members of the Reichsleitung, such as the Reichsleiter and the Reich office holders, a hierarchy of Hoheitstraeger (ranging from the Gauleiter down to the Blockleiter) as well as the staff officers attached to the Hoheitstraeger. According to page 10 of issue No. 8, 1939 of the authoritative publication of the Leadership Corps, “Der Hoheitstrager," there were in 1939:
40 Gaue and 1 Foreign
Organization Gau .... each led by a Gauleiter. 808 Kreise
each led by a Kreisleiter. 28,376 Ortsgruppen ...each led by a Ortsgruppenleiter. 89,378 Zellen
... each led by a Zellenleiter. 463,048 Blocke
each led by a Blockleiter.
(2958-PS) However, as shown by previous evidence, the Leadership Corps was composed not only of the Hoheitstraeger (such as Gauleiter, Kreisleiter, Ortsgruppenleiter, Zellenleiter, and Blockleiter) but also of the staff officers or office holders attached to these Hoheitstraeger. The Gauleiter, for example, was assisted by a deputy Gauleiter, several Gau inspectors, and a staff which was divided into main offices (Hauptamter) and offices (Amter), including such departments as the Gau staff Office, Treasury, Education Office, Propaganda Office, Press Office, University Teachers, Communal Policy, etc. As previously shown in evidence, the staff office structure of the Gau was substantially represented in the lower levels of the Leadership Corps organization such as the Kreise, Ortsgruppen, and so on. The Kreise and the smaller territorial areas of the Party were also organized into staff offices dealing with the various activities of the Leadership Corps. But, of course, the importance and the number of such staff offices diminished as the unit dropped in the hierarchy; so that, while the Kreisleiter staff contained all or most of the departments mentioned for the Gau, the Ortsgruppe had fewer departments and the lower ones fewer still.
Firm figures have not been found as to the total number of staff officers, as distinguished from the Hoheitstraeger or political commanders themselves included within the Leadership Corps.
It is the view of the prosecution that in defining the scope and composition of the Leadership Corps, staff officers should be included only down to and including the Kreise. Upon this basis, the Leadership Corps of the Nazi Party constituted the Fuehrer, the members of the Reichsleitung, the 5 levels of Hoheitstraeger (ranging from Gauleiter down through the Blockleiter), and the staff officers attached to the 40-odd Gauleiter and the eight to nine hundred Kreisleiter. Adopting this definition of the Leadership Corps, it will be seen that the total figure for the membership of that organization, based upon the statistics cited from the basic handbook for Germany, amounts to around 700,000.
It is trụe that this figure is based upon an admittedly limited view of the size of the membership of the Leadership Corps of the
Nazi Party; for the evidence has shown that the Leadership Corps in effect embraced staff officers attached to the subordinate Hoheitstraeger, and inclusion of such staff officers in the estimation of the size of the Leadership Corps would have very considerably enlarged the final figure estimated to a total of 2,000,000. The Prosecution, however, proposes to exclude such subordinate staff officers for the reason that their participation in and responsibility for the Conspiracy were measurably less extensive than those of the staff officers and office holders on the higher levels of the Leadership Corps. The subordinate staff officers thus excluded were responsible functionally to the higher staff officers with respect to their particular specialty, such as propaganda, Party organization, and so on, and to their respective Hoheitstraeger with respect to discipline and policy control. Likewise, such higher staff officers participated in planning and policy discussions, and also issued orders through technical channels to lower staff offi
B. Participation of the Leadership Corps in the Conspiracy.
The Program of the Nazi Party, proclaimed by Hitler, the Fuehrer of the Leadership Corps, on 24 February 1920 (1708-PS), contained the chief elements of the Nazi plan for domination and conquest. The first point required the incorporation of all Germans into a Greater German Reich. Point 2 demanded unilateral abolition of the Peace Treaties of Versailles and St. Germain. Point 3 stated the demand for "land and soil" (colonies). Point 4 proclaimed the Nazi doctrines of racial discrimination and antiSemitism. Point 6 proclaimed the fight against the democraticparliamentary system, as follows:
We demand that every public office, of any sort, whatsover, whether in the Reich, the county or municipality, be filled only by citizens. We combat the corrupting parliamentary economy, office-holding only according to Party inclinations without consideration of character or abilities."
(1708-PS) Point 22 expressed the Nazi plans and policies for rearmament as follows:
“We demand the abolition of the mercenary troops and forma
tion of a National Army." (1708-PS) The official Party Program declares on its face that:
“The program is the political foundation of the NSDAP and accordingly the primary political law of the State *