For these reasons I cannot consent to the acquittal of Defendant von Papen.

III. THE UNFOUNDED ACQUITTAL OF DEFENDANT FRITZSCHE

The acquittal of Defendant Hans Fritzsche follows from the reasoning that Fritzsche, allegedly, had not reached in Germany the official position making him responsible for the criminal actions of the Hitler regime and that his own personal activity in this respect cannot be considered criminal. The verdict characterizes him as a secondary figure carrying out the directives of Goebbels and von Ribbentrop, and of the Reich Press Director Dietrich.

The verdict does not take into consideration or mention the fact that it was Fritzsche who until 1942 was the director de facto of the Reich press and that, according to himself, subsequent to 1942 he became the "commander in chief of the German radio" (Transcript, morning session, 23 January 1946).

For the correct definition of the role of Defendant Hans Fritzsche it is necessary, firstly, to keep clearly in mind the importance attached by Hitler and his closest associates (as Goering, for example) to propaganda in general and to radio propaganda in particular. This was considered one of the most important and essential factors in the success of conducting an aggressive war.

In the Germany of Hitler, propaganda was invariably a factor in preparing and conducting acts of aggression and in training the German populace to accept obediently the criminal enterprises of German fascism.

The aims of these enterprises were served by a huge and well centralized propaganda machinery. With the help of the police controls and of a system of censorship it was possible to do away altogether with the freedom of press and of speech.

The basic method of the Nazi propagandistic activity lay in the false presentation of facts. This is stated quite frankly in Hitler's "Mein Kampf"; "With the help of a skillful and continuous application of propaganda it is possible to make the people conceive even of heaven as hell and also make them consider heavenly the most miserly existence" (USA-276).

The dissemination of provocative lies and the systematic deception of public opinion were as necessary to the Hitlerites for the realization of their plans as were the production of armaments and the drafting of military plans. Without propaganda, founded on the total eclipse of the freedom of press and of speech, it would not have been possible for German fascism to realize its aggressive intentions, to lay the groundwork and then to put to practice the war crimes and the crimes against humanity.

In the propaganda system of the Hitler State it was the daily press and the radio that were the most important weapons.

In his court testimony, Defendant Goering named three factors as essential in the successful conduct of modern war according to the Nazi concept, namely, (1) the military operations of the armed forces, (2) economic warfare, (3) propaganda. With reference to the latter he said:

"For what great importance the war of propaganda had, enemy propaganda which extended by way of radio far into the hinterland, no one has experienced more strongly than Germany" (Transcript, afternoon session, 15 March 1946).

With such concepts in ascendance it is impossible to suppose that the supreme rulers of the Reich would appoint to the post of the director of radio propaganda who supervised radio activty of all the broadcasting companies and directed their propagandistic content- -a man they considered a secondary figure.

The point of view of the verdict contradicts both the evidence submitted and the actual state of affairs.

Beginning with 1942 and into 1945, Fritzsche was not only chief of the radio department of the Reich Ministry of Propaganda but also "Plenipotentiary for the Political Organization of Radio in Greater Germany." This circumstance is fully proven by the sworn affidavit of Fritzsche himself (PS-3469, USA-721). It thus follows not at all that Fritzsche was merely "one of the 12 departmental chiefs in the Ministry of Propaganda" acquiring responsibility for all radio propaganda only toward the end of the war, as the verdict asserts.

Fritzsche was the political director of the German radio up and into 1945, i. e., up to the moment of German defeat and capitulation. For this reason it is Fritzsche who bears responsibility for the false and provocative broadcasts of the German radio during the years of the war.

As chief of the press section inside Germany it was also Fritzsche who was responsible for the activity of the German daily press consisting of 2,300 newspapers. It was Fritzsche who created and perfected the information section, winning from the Reich Government for the purpose an increase in the subsidy granted the newspapers from 400,000 to 4,000,000 marks. Subsequently Fritzsche participated energetically in the development of the propaganda campaigns preparatory to the acts of aggression against Czechoslovakia and Poland (Transscript, morning session, 23 January 1946). A similar active propaganda campaign was conducted by the defendant prior to the attack on Yugoslavia, as he himself admitted on oath in court (Transcript, morning session, 23 January 1946).

Fritzsche was informed of the plan to attack the Soviet Union and was put "au courant" of the military intentions at a conference with

Rosenberg (PS-1039, USA-146. Rosenberg's written report to Hitler on the subject of preliminary work on eastern European questions).

Fritzsche headed the German press campaign falsifying reports of Germany's aggressive war against France, England, Norway, the Soviet Union, the U. S. A., and the other States.

The assertion that Fritzsche was not informed of the war crimes and the crimes against humanity then being perpetrated by the Hitlerites in the occupied regions does not agree with the facts. From Fritzsche's testimony in court it is obvious that already in May 1942, while in the propaganda section of the sixth army, he was aware of Hitler's decree ordering execution for all Soviet political workers and Soviet intellectuals, the so-called "Commissar Decree." (Transcript, afternoon session, 27 June 1946). It is also established that already at the beginning of hostilities Fritzsche was fully aware of the fact that the Nazis were carrying out their decision to do away with all Jews in Europe. For instance, when commenting on Hitler's statement that "among results of the war there will be the annihilation of the Jewish race in Europe" (Transcript, afternoon session, 22 November 1945). Fritzsche stated that: "As Fuehrer predicted it will occur in the event of war in Europe, the fate of the European Jewry turned out to be quite sad" (Transcript, morning session, 23 January 1946). It is further established that the defendant systematically preached the antisocial theory of race hatred and characterized peoples inhabiting countries victimized by aggression as "subhumans" (Transcript, afternoon session, 27 June 1946; Transcript, morning session, 28 June 1946).

When the fate of Nazi Germany became clear, Fritzsche came out with energetic support of the Defendant Martin Bormann and of other fanatical Hitler adherents who organized the undercover fascist association, the so-called "Werewolf."

On 7 April 1945, for example, in his last radio address, Fritzsche agitated for all the civilian population of Germany to take active part in the activities of this terroristic Nazi underground organization.

He said: "Let no one be surprised to find the civilian population, wearing civilian clothes, still continuing the fight in the regions already occupied and even after occupation has taken place. We shall call this phenomenon 'Werewolf' since it will have arisen without any preliminary planning and without a definite organization, out of the very instinct of life" (USSR-496).

In his radio addresses Fritzsche welcomed the German use of the new terror weapons in conducting the war, specifically the use of the "V" rockets. On receiving a plan for the introduction of bacterial warfare

he immediately forwarded it to the OKW for acceptance (USSR-484; evidence submitted during the afternoon session, 28 June 1946).

I consider Fritzsche's responsibility fully proven. His activity had a most basic relation to the preparation and the conduct of aggressive warfare as well as to the other crimes of the Hitler regime.

IV. CONCERNING THE SENTENCE OF THE DEFENDANT RUDOLF HESS

The judgment of the Tribunal correctly and adequately portrays the outstanding position which Rudolf Hess occupied in the leadership of the Nazi party and state. He was indeed Hitler's closest personal confidant and his authority was exceedingly great: In this connection it is sufficient to quote Hitler's decree appointing Hess as his Deputy: "I hereby appoint Hess as my deputy and give him full power to make decisions in my name on all questions of party leadership" (Transcript, afternoon session, 7 February 1946).

But the authority of Hess was not only confined to questions of party leadership.

The official NSDAP publication "National Socialist Year Book for 1941," states that: "In addition to the duties of party leadership, the deputy of the Fuehrer has far-reaching powers in the field of the State. These are first: participation in national and State legislation, including the preparation of Fuehrer's order. The deputy of the Fuehrer in this way validates the conception of the party. . . . Approval of the deputy of the Fuehrer of proposed appointments for official and labor service leaders. Third, securing the influence of the party over the self-government of the municipal units" (USA255, PS-3163).

Hess was an active supporter of Hitler's aggressive policy. The crimes against peace committed by him are dealt with in sufficient detail in the judgment. The mission undertaken by Hess in flying to England should be considered as the last of these crimes, as it was undertaken in the hope of facilitating the realization of aggression against the Soviet Union by temporarily restraining England from fighting.

The failure of this mission led to Hess's isolation and he took no direct part in the planning and commission of subsequent crimes of the Hitler regime. There can be no doubt, however, that Hess did everything possible for the preparation of these crimes.

Hess, together with Himmler, occupied the role of creator of the SS police organizations of German fascism which afterwards committed the most ruthless crimes against humanity. The defendant clearly pointed out the "special tasks" which faced the SS formations on occupied territories.

When the Waffen SS was being formed, Hess issued a special order through the party chancellory which made aiding the conscription of

party members into these organizations by all means compulsory for party organs. He outlined the tasks set before the Waffen SS as follows:

"The units of the Waffen-SS composed of National Socialists are more suitable than other armed units for the specific tasks to be solved in the occupied eastern territories due to the intensive training in regard to questions of race and nationality" (GB-267, 3245-PS).

As early as 1934 the defendant initiated a proposal that the so-called SD under the Reichsfuehrer SS (security service) be given extraordinary powers and thus become the leading force in Nazi Germany.

On the 9th of June 1934, Hess issued a decree in accordance with which the "security service of the Reichsfuehrer SS" was declared to be the "sole political news and defense service of the Party" (GB-257). Thus the defendant played a direct part in the creation and consolidation of the system of special police organs which were being prepared for the commission of crimes in occupied territories.

We find Hess to have always been an advocate of the man-hating "master race" theory. In a speech made on the 16th January 1937 while speaking of the education of the German nation, Hess pointed out: "Thus, they are being educated to put Germans above the subjects of a foreign nation, regardless of their positions or their origin" (GB-253, 3124–PS).

Hess signed the so-called "law for the protection of blood and honor" on 15 September 1935 (3179-PS). The body of this law states that "the Fuehrer's deputy is authorized to issue all necessary decrees and directives," for the practical realization of the "Nurnberg decrees."

On 14 November 1935, Hess issued an ordinance under the Reich citizenship law in accordance with which the Jews were denied the right to vote at elections or hold public office (GB–258; 1417–PS).

On 20 May 1938, a decree signed by Hess extended the Nurnberg laws to Austria (GB-259, 2124-PS).

On October 12, 1939, Hess signed a decree creating the administration of Polish occupied territories (Reichsgesetzblatt No. 210, 1939 p. 2077). Article 2 of this decree gave the defendant Frank the power of dictator.

There is sufficiently convincing evidence showing that this defendant did not limit himself to this general directive which introduced into the occupied Polish territories a regime of unbridled terror. As is shown in the letter of the Reichsminister of Justice to the Chief of the Reichschancellory dated April 17, 1941, Hess was the initiator in the formation of special "penal laws" for Poles and Jews in occupied eastern territories. The role of this defendant in the drawing up of these "laws" is characterized by the Minister of Justice in the following words: