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"All legal precepts are to be applied in the spirit of the Party Program.
"Since the taking over of control, the Fuehrer has succeeded in the realization of the essential portions of the Party Program from the fundamentals to the details.
"The Party Program of the NSDAP was proclaimed on 24 February 1920 by Adolf Hitler at the first large Party gathering in Munich and since that day has remained unaltered The National Socialist philosophy is summarized in 25 points." (1708-PS)
As previously stated, the Party Program was binding upon the Political Leaders of the Leadership Corps, and they were under a duty to support and carry out that Program. As the Party Manual puts it:
"The Commandments of the National Socialists:
"The Fuehrer is always right *
"The Program be your dogma.
"It demands your utter devotion to the Movement
Leader Corps is responsible for the complete penetration of the German Nation with the National Socialist
** * *""
spirit The oath of the Political Leader to Hitler has been previously referred to. In connection therewith, the Party Manual provides:
"The Political Leader is inseparably tied to the ideology and the organization of the NSDAP. His oath only ends with his death or with his expulsion from the National Socialist community." (1893–PS)
While the leadership principle assured the binding nature of Hitler's statements, program, and policies upon the entire Party and the Leadership Corps, the leadership principle also established the full responsibility of the individual Political Leader within the province and jurisdiction of his office or position.
The leadership principle applied not only to Hitler as the supreme leader, but also to the Political Leaders under him, and thus permeated the entire Leadership Corps:
"The basis of the Party Organization is the Fuehrer thought All Political Leaders stand as appointed by the Fuehrer and are responsible to him. They possess full authority toward the lower echelons *" (1893-PS) The various Hoheitstraeger of the Leadership Corps were, in their respective areas of responsibility, themselves Fuehrer:
"Within their sector of sovereignty, the Hoheitstraeger (Gau-
As stated in the Organization Book of the NSDAP
"The Party is an order of 'Fuehrer'." (1814–PS)
The subjection of the entire membership of the Leadership Corps to the fiat of the Fuehrer Principle is clearly shown in the following passage from the Party Manual:
66* * * a solid anchorage for all the organizations within the party structure is provided and a firm connection with the sovereign leaders of the NSDAP is created in accordance with the Fuehrer Principle." (1814-PS)
(1) Domination and Control of the German State and Government by the Nazi Party, directed by the Leadership Corps. On 23 March 1933 the Reichstag enacted a law conferring power on the Reich Cabinet to legislate on its own authority (2001-PS). Prominent members of the Leadership Corps of the Nazi Party were members of the Reich Cabinet. The presence of Reichsleiter and other prominent members of the Leadership Corps in the Cabinet facilitated the domination of the Cabinet by the Nazi Party and the Leadership Corps. For example, a decree of 13 March 1933 established the Ministry of Public Enlightenment and Propaganda. The head of this ministry was Goebbels, who simultaneously was Reichsleiter for Propaganda of the NSDAP (2029–PS). Examples of personal union between high officials in the Leadership and Cabinet membership existed in the case of the Food Minister, the Chief of the German Police, the Reich Labor Leader, the Chief of the Party Organization in Foreign Countries, and the Reich Youth Fuehrer (2473-PS). Moreover, the majority of the Reich Ministries were occupied by leading old Party Members. All Reich Ministers were accepted by the Party on 30 January 1937 and were decorated with the Golden Party Insignia. (1774PS)
A law of 14 July 1933 outlawed and forbade the formation of any political parties other than the Nazi Party and made violation of this decree a punishable crime. Thereby the one party State was established and the Leadership Corps was rendered immune from the opposition of organized political groups. This Law Against the Formation of New Political Parties reads as follows:
"The National Socialist German Workers' Party constitutes the only political party in Germany. Whoever undertakes to maintain the organizational structure of another political party or to form a new political party will be punished with penal servitude up to three years or with imprisonment of from six months to three years, if the deed is not subject to a greater penalty according to other regulations." (1388-PS) A law was enacted on 20 July 1933 providing for the dismissal of officials who belonged to the Communist Party or who were otherwise active in furthering the aims of Communism. The law also provided for the dismissal of those who were in the future active for Marxism, Communism, or Social Democracy (Law to Supplement the Law for the Restoration of the Professional Civil Service, 20 July 1933, (1933 Reichsgesetzblatt, Part I, page 518). (1398-PS)
On 13 October 1933 a “law to guarantee public peace" was enacted which provided, inter alia, that the death penalty or other severe punishment should be imposed upon any person who
* ** *
66* * ** undertakes to kill a member of the SA or the SS, a trustee or agent of the NSDAP out of political motives or on account of their official activity." (1394-PS) On 1 December 1933 a law was enacted "to secure the unity of Party and State." This law provided that the Nazi Party was the pillar of the German State, and was linked to it indissolubly; it also made the Deputy of the Fuehrer (then Hess) and the Chief of Staff of the SA (then Roehm) members of the Reich Cabinet (1395-PS). The pertinent provisions of this law read as follows:
** * *
"After the victory of the National Socialist Revolution, the National Socialistic German Labor Party is the bearer of the concept of the German State and is inseparably the State. It will be a part of the public law. Its organization will be determined by the Fuehrer "The Deputy of the Fuehrer and the Chief of Staff of the SA will become members of the Reich Government in order to insure close cooperation of the offices of the Party and SA with the public authorities *." (1395-PS) This law was a basic measure in enthroning the Leadership Corps in a position of supreme political power in Germany. For it laid it down that the Party, directed by the Leadership Corps, was the embodiment of the State and, in fact, was the State. Moreover, this law made both the Fuehrer's Deputy and the Chief of Staff of the SA, which was a Party Formation subject to the call of the Hoheitstraeger, Cabinet Members. Thus, the Leadership
Corps' control of the Cabinet was further solidified. The dominant position of the Leadership Corps is further revealed by the provision that the Reichs-Chancellor would issue the regulations carrying out this law in his capacity as Fuehrer of the Nazi Party. The fact that Hitler, as Fuehrer of the Leadership Corps, could promulgate rules which would have statutory force and be published in the Reichsgesetzblatt, the proper compilation for State enactments, is but a further reflection of the reality of the Party's domination of the German State.
In a declaration to the 1935 Party Congress at Nurnberg, Hitler stated:
"It is not the State which gives orders to us, it is we who give orders to the State." (2775-PS)
That categorical statement of the Fuehrer of the Leadership Corps affirms the dominance of Party over State which the evidence makes undeniably clear.
On 30 June 1934 Hitler, as Head of the Nazi Party, directed the massacre of hundreds of SA-men and other political opponents. Hitler sought to justify these mass murders by declaring to the Reichstag that "at that hour I was responsible for the fate of the German nation and supreme judge of the German people." (The evidence relating to these events is discussed in Section 4, infra.) On 3 July 1934 the Cabinet issued a decree describing the murders of 30 June 1934, in effect, as legitimate self-defense by the State. By this law the Reich Cabinet made themselves accessories after the fact of these murders. The domination of State by Party, however, makes the Cabinet's characterization of these criminal acts by Hitler and his top Party Leaders as state measures consistent with political reality. The single article of the law of 3 July 1934 reads as follows:
"The measures taken on 30 June and 1 and 2 July 1934 to counteract attempt at treason and high treason shall be considered as national emergency defense." (2057-PS)
On 12 July 1934 there was enacted a law defining the function of the Academy for German law:
"Closely connected with the agencies competent for legislation, it [the Academy] shall further the realization of the National Socialist program in the realm of the law." (1391PS)
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 in his person the offices of Chancellor and Reich President. (2003-PS)
By a decree of 20 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. (1393-PS)
By a law of 15 September 1934, the Swastika flag of the Party was made the official flag of the Reich (2079-PS). This law, enacted by the Reichstag, indicates on its face that it issued from Nurnberg on the Party Day of 15 September 1935. Article 2 of this law reads as follows:
"The Reich and National flag is the swastika flag." (2079-PS) The Swastika was the flag and symbol of the Leadership Corps of the Nazi Party. The law making it the flag of the State constituted 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 Ideal." (1386–PS)
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 a "total mobilization of German youth" (1392-PS). The law further provided that the task of educating the German youth through the Hitler Youth was entrusted to the Reichsleiter of German Youth in the NSDAP. By this law a monopoly control over the entire German youth was placed in the hands of a 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 NSDAP, Hitler, issued a decree in which he took over directly the command of the whole Armed Forces (1915-PS). In this decree, Hitler declared, in part, as follows:
"From now on, I take over directly the command of the whole Armed Forces." (1915-PS)
By the decree of 4 February 1938, Hitler became Supreme Com