Chapter 11.

If the Court will look at the extract from Page 256, it reads as follows:

“Had it not been possible for them to employ members of the inferior race which they conquered, the Aryans would never have been in a position to take the first steps on the road which led them to a later type of culture; just as, without the help of certain suitable animals which they were able to tame, they would never have come to the invention of mechanical power, which has subsequently enabled them to do without these beasts. . . .

“For the establishment of superior types of civilization the members of inferior races formed one of the most essential prerequisites . . . .”

And in a later passage in _Mein Kampf_, at Page 344, Hitler applies these general ideas to Germany:

“If in its historical development the German people had possessed the unity of the herd by which other people have so much benefited, then the German Reich would probably be mistress of the globe today. World history would have taken another course, and in this case no man can tell if what many blinded pacifists hope to attain by petitioning, whining, and crying may not have been reached in this way: namely, a peace which would not be based upon the waving of olive branches by tearful misery-mongering of pacifist old women, but a peace that would be guaranteed by the triumphant sword of a people endowed with the power to master the world and administer it in the service of a higher civilization.”

In these passages which I have quoted, the Tribunal will have noticed Hitler’s love of war and scorn of those whom he described as pacifists. The underlying message of the whole of this book, which appears again and again, is: Firstly, that the struggle for existence requires the organization and use of force; secondly, that the Aryan German is superior to other races and has the right to conquer and rule them; thirdly, that all doctrines which preach peaceable solutions of international problems represent a disastrous weakness in the nation that adopts them.

Implicit in the whole of the argument is a fundamental and arrogant denial of the possibility of any rule of law in international affairs.

It is in the light of the general doctrines of _Mein Kampf_ that I invite the Tribunal to consider the more definite passages in which Hitler deals with specific problems of German foreign policy.

The very first page of the book contains a remarkable forecast of Nazi policy. It reads—Page 1, Column 1:

“German Austria must be restored to the great German motherland; and not, indeed, on any grounds of economic calculation whatsoever. No, no. Even if the union were a matter of economic indifference, and even if it were to be disadvantageous from the economic standpoint, still it ought to take place. People of the same blood should be in the same Reich. The German people will have no right to engage in a colonial policy until they shall have brought all their children together in one state. When the territory of the Reich embraces all the Germans and finds itself unable to assure them a livelihood, only then can the moral right arise from the need of the people, to acquire foreign territory. The plough is then the sword; and the tears of war will produce the daily bread for the generations to come.”

Hitler in this book also roundly declares that the mere restoration of Germany’s frontiers as they were in 1914 would be wholly insufficient for his purposes. At Page 553 he writes:

“In regard to this point I should like to make the following statement: To demand that the 1914 frontiers should be restored is a glaring political absurdity that is fraught with such consequences as to make the claim itself appear criminal. The confines of the Reich as they existed in 1914 were thoroughly illogical because they were not really complete, in the sense of including all the members of the German nation. Nor were they reasonable, in view of the geographical exigencies of military defense. They were not the consequences of a political plan which had been well considered and carried out, but they were temporary frontiers established in virtue of a political struggle that had not been brought to a finish; and indeed, they were partly the chance result of circumstances.”

In further elaboration of Nazi policy, Hitler does not merely denounce the Treaty of Versailles; he desires to see a Germany which is a world power with territory sufficient for a future German people, of a magnitude which he does not define.

In the next quotation, from Page 554, the first sentence reads:

“For the future of the German nation the 1914 frontiers are of no significance.”

And in the third paragraph the Court sees:

“We National Socialists must stick firmly to the aim that we have set for our foreign policy, namely, that the German people must be assured the territorial area which is necessary for it to exist on this earth. And only for such action as is undertaken to secure those ends can it be lawful in the eyes of God and our German posterity to allow the blood of our people to be shed once again; before God, because we are sent into this world with the commission to struggle for our daily bread, as creatures to whom nothing is donated and who must be able to win and hold their position as lords of the earth only through their own intelligence and courage.

“And this justification must be established also before our German posterity, on the grounds that for each one who has shed his blood the life of a thousand others will be guaranteed to posterity. The territory on which one day our German peasants will be able to bring forth and nourish their sturdy sons will justify the blood of the sons of the peasants that has to be shed today. And the statesmen who have decreed this sacrifice may be persecuted by their contemporaries, but posterity will absolve them from all guilt for having demanded this offering from their people.”

Then, the next quotation; Hitler writes at Page 557:

“Germany will either become a world power or will not continue to exist at all. But, in order to become a world power, it needs that territorial magnitude which gives it the necessary importance today and assures the existence of its citizens.”

And, finally, he writes:

“. . . we must take our stand on the principles already mentioned in regard to foreign policy, namely, the necessity of bringing our territorial area into just proportion with the number of our population. From the past we can learn only one lesson, and this is that the aim which is to be pursued in our political conduct must be twofold, namely: (1) The acquisition of territory as the objective of our foreign policy, and (2) the establishment of a new and uniform foundation as the objective of our political activities at home, in accordance with our doctrine of nationhood.”

Now these passages from _Mein Kampf_ raise the question: Where did Hitler expect to find the increased territory beyond the 1914 boundaries of Germany? To this Hitler’s answer is sufficiently explicit. Reviewing the history of the German Empire from 1871 to 1918, he wrote in an early passage of _Mein Kampf_, at Page 132:

“Therefore, the only possibility which Germany had of carrying a sound territorial policy into effect was that of acquiring new territory in Europe itself. Colonies cannot serve this purpose so long as they are not suited for settlement by Europeans on a large scale. In the nineteenth century it was no longer possible to acquire such colonies by peaceful means. Therefore, any attempt at such a colonial expansion would have meant an enormous military struggle. Consequently, it would have been more practical to undertake that military struggle for new territory in Europe rather than to wage war for the acquisition of possessions abroad.

“Such a decision naturally demanded that the nation’s undivided energies should be devoted to it. A policy of that kind, which requires for its fulfillment every ounce of available energy on the part of everybody concerned, cannot be carried into effect by half measures or in a hesitant manner. The political leadership of the German Empire should then have been directed exclusively to this goal. No political step should have been taken in response to considerations other than this task and the means of accomplishing it. Germany should have been alive to the fact that such a goal could have been reached only by war, and the prospect of war should have been faced with calm and collected determination.

“The whole system of alliances should have been envisaged and valued from that standpoint.”

And then this is the vital sentence:

“If new territory were to be acquired in Europe, it must have been mainly at Russia’s cost, and once again the new German Empire should have set out on its march along the same road as was formerly trodden by the Teutonic Knights, this time to acquire soil for the German plough by means of the German sword and thus provide the nation with its daily bread.”

To this program of expansion in the East, Hitler returned again at the end of _Mein Kampf_. After discussing the insufficiency of Germany’s pre-war frontiers, he again points the path to the East and declares that the ‘Drang nach Osten’ (the drive to the East) must be resumed; and he writes:

“Therefore we National Socialists have purposely drawn a line through the line of conduct followed by pre-war Germany in foreign policy . . . . We put an end to the perpetual Germanic march towards the south and west of Europe and turn our eyes towards the lands of the East. We finally put a stop to the colonial and trade policy of pre-war times and pass over to the territorial policy of the future.

“But when we speak of new territory in Europe today we must principally think of Russia and the border states subject to her.”

Now Hitler was shrewd enough to see that his aggressive designs in the East might be endangered by a defensive alliance between Russia, France, and England. His foreign policy, as outlined in _Mein Kampf_, therefore was to detach England and Italy from France and Russia and to change the attitude of Germany towards France from the defensive to the offensive.

The final quotation from _Mein Kampf_ comes from Page 570:

“As long as the eternal conflict between France and Germany is waged only in the form of a German defense against the French attack, that conflict can never be decided, and from century to century Germany will lose one position after another. If we study the changes that have taken place, from the 12th century up to our day, in the frontiers within which the German language is spoken, we can hardly hope for a successful issue to result from the acceptance and development of a line of conduct which has hitherto been so detrimental for us.

“Only when the Germans have taken all this fully into account will they cease allowing the national will-to-live to wear itself out in merely passive defense and will rally together for a last decisive contest with France. And in this contest the essential objective of the German nation will be fought for. Only then will it be possible to put an end to the eternal Franco-German conflict which has hitherto proved so sterile.

“Of course it is here presumed that Germany sees in the suppression of France nothing more than a means which will make it possible for our people finally to expand in another quarter. Today there are 80 million Germans in Europe. And our foreign policy will be recognized as rightly conducted only when, after barely a hundred years, there will be 250 million Germans living on this continent, not packed together as the coolies in the factories of another continent, but as tillers of the soil and workers whose labor will be a mutual assurance for their existence.”

I submit, therefore, that, quite apart from the evidence already submitted to the Tribunal, the evidence of _Mein Kampf_, taken in conjunction with the facts of Nazi Germany’s subsequent behavior towards other countries, goes to show that from the very first moment that they attained power, and indeed long before that time, Hitler and his confederates, the defendants, were engaged in planning and preparing aggressive war as is alleged against them in this Indictment.

Events have proved in the blood and misery of millions of men, women, and children that _Mein Kampf_ was no mere literary exercise to be treated with easy indifference, as unfortunately it was treated before the war by those who were imperiled, but was the expression of a fanatical faith in force and fraud as the means to Nazi dominance in Europe, if not in the whole world. The Prosecution’s submission is that, accepting and propagating the jungle philosophy of _Mein Kampf_, the Nazi confederates who are indicted here deliberately pushed our civilization over the precipice of war.

THE PRESIDENT: The Tribunal will now adjourn for 10 minutes.

[_A recess was taken._]

SIR DAVID MAXWELL-FYFE: May it please the Tribunal, the next stage of the Prosecution is the presentation of the cases against the individual defendants under the Counts One and Two of the Indictment. Before that is begun the chief prosecutors for the United States and Great Britain wish, with the permission of the Tribunal, to make four points perfectly clear:

The object of this part of the case is to collect for the benefit, first, of the members of the Tribunal and, secondly, of the Defense Counsel concerned, the evidence against each defendant under Counts One and Two which has been presented by the American and British Delegations. Otherwise it would be easy among the many documents already before the Court to miss relevant pieces of evidence which the Tribunal might wish to consider and to which the defendants may wish to make a reply.

This does not mean that the case against these defendants has in any way ended. Vital and important parts of the case remain concerning the actual atrocities, both War Crimes and Crimes against Humanity. The evidence in regard to these will shortly be presented by the French Delegation and the Delegation of the Union of Soviet Socialist Republics, and when the massive documentation of these crimes is placed before the Court, the French and Soviet Delegations will have the opportunity of relating them to the individual defendants in the dock.

It has been the desire of all the chief prosecutors to delimit as clearly as possible the evidence under the respective Counts of the Indictment. The documents in evidence, however, were not written with a view to this Trial, and therefore many of them inevitably deal with offenses under more than one Count. It is by reason of this alone that some overlapping and repetition necessarily exists.

Similarly it may occur that as the French and Soviet cases are developed documents may come to light which bear on the common plan or the initiation of wars of aggression or on other material connected with Counts One and Two. The American and British Delegations will welcome any addition to the evidence on these parts of the case which such documents may provide and gladly receive such reinforcement from their French and Soviet colleagues.

With this explanation, and I am very grateful to the Tribunal for allowing me to make it, I call on my friend Mr. Albrecht to commence this part of the case.

DR. THOMA: Colonel Wheeler in his accusation concerning the oppression of the Christian churches in the Eastern territory also named the Reich Minister for the Occupied Eastern Territories, the Defendant Rosenberg, and held him responsible. I have, however, neither in the speech of the Prosecution nor in the document book, found any proof that such persecution of the Church also took place in the territories administered by Rosenberg. I wish rather to direct the attention of the Tribunal to Document 1517-PS, in which there is a note signed by Rosenberg concerning a discussion on questions of the East. This document contains the following statement made by Rosenberg, “The Führer agrees with Rosenberg’s Edict of Tolerance.”

THE PRESIDENT: Am I to understand that you are making a motion at this stage?

DR. THOMA: I have a request to make to the Prosecution: that it should, if possible, subsequently substantiate its charge against Rosenberg.

THE PRESIDENT: Is your point that this Document 1517-PS has not yet been in, or what is your point?

DR. THOMA: To my knowledge this document has already been submitted, and that was in connection with Hitler’s opinion that the Crimea question should be cleared up completely. But in my present request I am concerned with the fact that the Prosecution stated that in the Government General and likewise in Warthegau and in the Eastern countries, and in the areas administered by the Defendant Rosenberg as well, persecution of the Church took place. The Prosecution has produced documents concerning the first three territories, but as far as the latter territory is concerned, I have learned of no such documents being either in the document book or in the personal presentation made by the Prosecution.

THE PRESIDENT: Well, you must understand that the Tribunal are not at this stage accepting everything that has been said by the Prosecution. You will have full opportunity when you present the case on behalf of the Defendant Rosenberg to present any documents which may be relevant and to comment upon any documents which have been cited by the Prosecution and to make any argument that you think right; but this is not the appropriate time to make any such argument. We are still considering the case for the Prosecution, and you will have full opportunity hereafter. Do you understand?

DR. THOMA: Then I ask the High Tribunal to consider my present explanation as a statement.

THE PRESIDENT: We will do so, but it is not convenient for Counsel for the Defense to intervene with statements of this sort; otherwise each one of the defendants’ counsel might be doing it all the time. We must ask you therefore to withhold such statements until your time comes to answer the case for the Prosecution.

MR. RALPH G. ALBRECHT (Associate Trial Counsel for the United States): May it please the Tribunal, I have been charged by the Chief of Counsel for the United States with the duty of pointing out, on the basis of evidence already admitted and of additional evidence that will be offered, the individual responsibility of some of these defendants for the crimes specified in Counts One and Two of the Indictment.

When these defendants chose to abandon everything that had been recognized as good in German life and affirmatively participated in the work of achieving the objectives of the Party, we submit that they well knew what National Socialism stood for. They knew of the program announced by the Nazi Party and they also had knowledge of Nazi methods. The official NSDAP program with its 25 points was open and notorious. Announced and published to the world in 1920, it was published and republished and adverted to throughout the years. The Nazis made no secret of their intentions to make the Party program the fundamental law of the German State. The Nazis made no secret of their intentions generally. For all to read there was _Mein Kampf_, the product of the warped brain of the Führer, and there were the prolific writings and utterances of many other leaders who rose to prominence, some of whom are not sitting in the defendants’ box. And Hitler himself had announced, that the Nazis would use force if necessary to achieve their purposes.

Among these conspirators there were those who, like the Defendants Hess, Rosenberg, and Göring, were associated with Hitler since the very inception of the conspiracy. These men were among the original planners. They were the men who subsequently set the pace and cast the mould for the future. But there were also other conspirators (the balance of the defendants in the dock fit into this category), who voluntarily joined the conspiracy later.

While these men may be characterized perhaps as cruel, callous, or inhuman, they certainly may not be called dull or stupid. They knew, and had had the opportunity to observe, the manifestations of Nazi violence and Nazi methods as the pattern of the swastika developed. They knew the nature of what they were getting into. Therefore they must be presumed to have had the desire to participate—and participate they did—voluntarily, and so we submit that it may not validly be inferred that they did not join the stream of the conspiracy with their eyes open, _scienter_, as the conspiracy gathered momentum and developed into a rushing torrent.

Much evidence has already been admitted by the Tribunal of the overt acts of these defendants, as well as of their fellow conspirators. We shall make no effort at this time to present an exhaustive recital of all crimes planned or initiated by these defendants for which they must bear full responsibility beyond peradventure. The world already knows more of the evil deeds of these men and of their co-conspirators than the Prosecution possibly could hope to establish within the reasonable limits of time and of men’s patience. At this point we shall attempt to focus attention merely to illustrative criminal conduct of the individual conspirators.

There is an advantage to proceeding, we submit, as we propose to do, with the permission of the Tribunal, to show in outline the extent to which these defendants have become implicated in the serious charges against them. In the case of many of these conspirators, a recital of their crimes will relate to their planning of several of the categories of crimes described in Counts One and Two of the Indictment. We shall draw these various threads together and show, as I have said, the outline of the completed proof, as it were, within Count One of the Indictment, against the individual conspirators.

Thus, on behalf of the United States, I shall commence to show how some of these defendants fit into the broad stream of the Common Plan or Conspiracy to wage aggressive war and the extent of their individual responsibility for their acts in pursuance of that conspiracy.

First of all, we mention the late Defendant Robert Ley who, by recourse to self-destruction, has escaped all punishment for his participation in the conspiracy.

Next we mention Gustav Krupp von Bohlen und Halbach, the action against whom has been severed from this proceeding.

Nevertheless, it should be noted that documentary proof has been offered and will be offered in support of the allegations of the Indictment that implicate both Ley and Krupp as co-conspirators, for whose crimes the remaining defendants also must accept responsibility.

Next we consider the Defendant Fritz Sauckel. The case against Sauckel has been completely stated and supported by a wealth of damning evidence by my learned colleague Mr. Dodd in his presentation of the case on slave labor. We submit that it is unnecessary to add anything further to the case against Sauckel to demonstrate how completely he filled his place in the stream of the conspiracy.

The next defendant to be considered is Albert Speer. Like his fellow-conspirator Sauckel, Speer is deeply implicated as a member of the conspiracy and much of the case against him has been presented by Mr. Dodd in the case on slave labor. But, unlike Sauckel, Speer’s criminal activity went substantially beyond the realm of slave labor. His was one of the master minds in the plan for the systematic robbery and spoliation of the lands overrun by the German war machine. Documentary proof of Speer’s participation in the spoliation practices in the countries of Western Europe, as well as in the Occupied Eastern Territories, will be presented subsequently by our learned colleagues, the Chief Prosecutor representing the Soviet Union and the Chief French Prosecutor, under the remaining Counts of the Indictment. This is essentially the case that proves Speer to have been a member of the conspiracy.

There is, however, one additional exhibit that I would like to offer into evidence at this time. It was received only a few days ago from the Ministerial Document Center at Kassel and it is a dossier maintained on the Defendant Speer in the offices of the Reichsführer SS. I offer this file as Exhibit Number USA-575. It is our Document 3568-PS and I shall read from the dossier. I shall read from the letter dated the 25th of July 1942, from the second paragraph:

“Reich Minister Speer was enrolled as an SS man on the personal staff of the Reichsführer SS under SS Number 46104, with effect from the 20th of July 1942, by order of the Reichsführer SS.”

And I think that is all I need to read from that letter. But I should like to call the Tribunal’s attention to the annexed document, which is a questionnaire, and right at the beginning of the same it is related that Albert Speer was in the SS since the autumn of 1932, and his membership number in the Party was 474481.

I next mention the Defendant Ernst Kaltenbrunner, whose case has been completely presented in connection with the presentation on the Gestapo and the SD as criminal organizations. We submit that further proof is not needed to prove how completely this enemy of his own fatherland, Austria, had been carried along in the stream of the conspiracy.

We pass then to the case of perhaps the most important conspirator on trial before this Tribunal—the Number Two Nazi, the Nazi who stood next to the Führer himself, the Nazi who was in some respects even more dangerous than the Führer and other leading Party leaders.

We say that he was more dangerous because, unlike many leading Nazis, including Hitler, who were morally and socially on the fringes of society before the Nazi Party rode to success in 1933, this conspirator was known to come of substantial family which had furnished officers to the army and important civil servants to the country, in the past. Moreover, he was possessed of substantial appearance, an ingratiating manner, a certain affability. But all of these facets of character were but deceptions, because they helped to conceal the man’s core of steel, his vindictiveness, his cruelty, his lust for self-adornment, self-glorification, and power.

This man was most dangerous, furthermore, because the outward characteristics to which I have called attention and which he has to some extent demonstrated here in the presence of the Tribunal were useful in deceiving the representatives of foreign states who, in their concern, sought to learn from him the true intentions of the Nazi State which, by its repeated floutings of its international commitments, had so seriously disturbed the tranquillity of the world since 1933.

And I think that the record should show how throughout the earlier stages of this Trial, that is, before the nature of the documentary evidence offered by the Prosecution—too grim and almost implausible—much of the benevolence of this conspirator, his ever-ready smile and ingratiating manner, were daily in evidence in this chamber. His ready affirmation, by a pleasant nod for all to see, of the correctness of statements made or the contents of documents offered by counsel, his chiding shake of the head when he disagreed with such facts were commonplace.

THE PRESIDENT: I don’t think the Tribunal is interested in this, Mr. Albrecht.

MR. ALBRECHT: I shall pass on, then, with the presentation, with the permission of the Tribunal, and I shall give an account of certain facts already established by the documents in evidence; and with the permission of the Tribunal I shall not, unless it is so wished, refer to the exhibit numbers or citations of most of the old evidence that I shall allude to. These are all set forth in the trial brief that has already been distributed.

Against the background of this factual account, into which we have drawn the main threads of the case already presented that show the complicity of the Defendant Göring, we shall offer certain additional documentary evidence which we believe necessary to demonstrate Göring’s connection and responsibility for certain phases of the conspiracy.

I should have said before, if Your Honors please, that there have been distributed and are now before you three volumes of document books bearing the letters “DD,” which contain substantially all the documents, new as well as old, bearing on the individual responsibility of this defendant.

We shall first deal with the individual responsibility of this conspirator for Crimes against Peace. These crimes include Göring’s participation in the acquisition and consolidation of power in Germany, the economic and military preparations for war, and the waging of aggressive war.

For more than two decades Göring’s activities extended over nearly every phase of the conspiracy. He was one of the conspirators associated with Hitler from the very beginning. A member of the Party since 1922, he participated in the Munich Putsch of November 1923 at the head of the SA, a Nazi organization shown to have been committed to the use of violence.

Göring fled the country after the Putsch in order to escape arrest. After his return he became more than a commander of street fighters. He was designated Hitler’s first political assistant. A measure of the man may be gleaned from an exhibit already in evidence, namely, Gritzbach’s official biography of Göring, in which are recorded his dealings with the Brüning Government, his attempts to break down the barrier around President Von Hindenburg, and his coup as Reichstag President in September 1932 in procuring a vote of no confidence against the Von Papen Government just before the Reichstag was dissolved.

Göring’s writings show him not to be backward in taking credit for his efforts to advance the cause of the Party. Full credit has also been accorded him by Hitler, and Göring has boasted that no title and no decoration could make him so proud as the designation given to him by the German people, and I quote, “the most faithful paladin of our Führer.” That short quotation, may it please the Court, comes from our Exhibit Number USA-233, our Document 2324-PS.

With the advent of the Nazis to power in January 1933 Göring became acting Minister of the Interior and Prime Minister of Prussia. In these capacities he proceeded promptly to establish a regime of terror in Prussia designed to suppress all opposition to the Nazi program.

His chief tool in that connection was the Prussian Police, which remained under his jurisdiction until 1936. As early as February 1933, he directed the entire police force to render unqualified assistance to the para-military organizations supporting the new government, such as the SA and the SS, and to crush all political opponents with firearms, if necessary, and regardless of the consequences. The Tribunal will take judicial notice of the directives of the 10th and 17th of February 1933, which are cited on Page 7 of our brief and which appear in that collection of decrees known as the _Ministerialblatt für die Preussische Innere Verwaltung_ of 1933.

Göring has frequently and proudly acknowledged his personal responsibility for the crimes committed pursuant to orders of this character, and I recall his words which he uttered before thousands of his fellow Germans:

“Each bullet which leaves the barrel of a police pistol now is my bullet. If one calls this murder, then I have murdered; I ordered all this, I back it up. I assume the responsibility and I am not afraid to do so.”

That quotation, may it please the Tribunal, comes from our Exhibit Number USA-233, already in evidence, our Document 2324-PS.

Soon after he became Prime Minister of Prussia, in pursuance of the conspiracy, Göring began to develop the Gestapo or Secret State Police, the details of which organization of terror were presented to the Court by my learned colleague, Colonel Storey. As early as the 26th of April 1933, he signed the first law officially establishing the Gestapo in Prussia; and, pursuant to a decree which he signed, he named himself Prime Minister, Chief of the Prussian Secret State Police.

Göring was undoubtedly an efficient conspirator. He was impatient to consolidate the power of the Party at home. Already in spring 1933 the concentration camps were established in Prussia. Men and women, so-called “Marxists” and other political opponents, taken into custody by the Gestapo were thrown into concentration camps without trial. Göring said, “Against the enemies of the state we must proceed ruthlessly.” That statement appears in our Document 2324-PS, which is already in evidence as Exhibit Number USA-233.

The range of political terrorism under his leadership was almost limitless. A glance at a few of his police directives in those early days will indicate the extent and thoroughness with which every dissident voice was silenced. I ask the Tribunal to take judicial notice of some of these decrees in the same collection I mentioned a short while ago, entitled the _Ministerialblatt für die Preussische Innere Verwaltung_, and we have cited these decrees on Pages 9 and 10 of our brief. These include:

A directive of the 22d of June 1933, which required all officials to watch the statements of civil servants and to denounce to the Defendant Göring those who made critical remarks. The failure to make such reports was to be regarded as proof of hostile attitude. Then there was the directive of the 23rd of June 1933, which suppressed all activities of the Social Democratic Party, including meetings and the party press, and ordered the confiscation of its property. There was the directive of the 30th of June 1933, which directed the Gestapo authorities to report to the Labor Trustees on the political attitude of the workers. There was the directive of the 15th of January 1934, which ordered the Gestapo and the frontier police to keep track of _émigrés_, particularly political _émigrés_ and Jews residing in neighboring countries, and to arrest them and to put them in concentration camps if they returned to Germany.

The essential ruthlessness of Göring is further illustrated by a well-known bloody episode. After the elimination of the forces of the opposition, the Nazis felt it necessary to dispose of non-conformists within their own ranks. This they accomplished in what has become known as the Röhm Purge of the 30th of June 1934. The Defendant Frick, a chief conspirator in his own right, stated in that connection, in an affidavit, that many people were murdered who had nothing to do with the internal SA revolt, but who were “just not liked very well.”

Göring’s role in this sordid affair was related less than 2 weeks after the event by Hitler in a speech to the Reichstag, and I would like to offer in evidence as Exhibit Number USA-576 our Document 3442-PS, in which is contained the speech of Hitler made on the 13th of July 1934 in the Reichstag. It is published in _Das Archiv_, Volume 4, at Page 505. I quote:

“Meanwhile Minister President Göring, had already received my instructions that in case of a purge he was to take analogous measures at once in Berlin and in Prussia. With an iron fist he beat down the attack on the National Socialist State before it could develop.”

With the accession of the Nazis to power Göring at once assumed a number of the highest and most influential positions also in the Reich. The proof already presented on the composition and functions of the Reich Cabinet and of the offices held by Göring shows him to have been, in fact, the most important executive of the Nazi State.

A member of the Reichstag since 1928 and its President since 1932, he was a member of the Cabinet from the beginning as Reich Minister without Portfolio. Shortly thereafter he received the portfolio as Reich Minister for Air. When, in an early meeting, the Cabinet discussed the pending Enabling Act, which gave the Cabinet plenary powers of legislation, he offered the suggestion that the required two-thirds majority might be obtained simply by refusing admittance to Social Democratic delegates. I offer in evidence, as Exhibit Number USA-578, our Document 2962-PS, which contains the minutes of that meeting. If Your Honors will note, that meeting was held on the 15th of March 1933, and there were present, besides the Defendant Göring, the Defendants Von Papen, Von Neurath, Frick, and Funk. I read from Page 6 of that document:

“Reich Minister Göring expressed his conviction that the Enabling Act would be passed with the necessary two-thirds majority. Possibly a majority could be obtained by banishing several Social Democrats from the hall. Possibly the Social Democrats would even refrain from voting on the Enabling Act. . . .”

In 1935, with the unmasking of a secret Luftwaffe, Göring became its Commander-in-Chief. He sat as a member and the Führer’s Deputy on the Reich Defense Council, established by the secret law of the 21st of May 1933. The purpose of that Council was, as stated by the Defendant Frick in an affidavit that is in evidence—and I quote:

“To plan preparations and decrees in case of war, which later on were published by the Ministerial Council for the Defense of the Reich.”

His assumption of ever greater responsibility seemed limitless. In 1936 Göring was made Plenipotentiary for the Four Year Plan, whereby he acquired plenary legislative and administrative powers over all German economic life. In 1938 he became a member of the Secret Cabinet Council, which had been established to act as “an advisory board in the direction of foreign policy.”

The Ministerial Council for the Defense of the Reich, created in 1939, took over, in effect, all of the legislative powers of the Cabinet which had not been reserved otherwise, and Göring became its chairman.

His efficient and ruthless services were recognized by Hitler in 1939, when he designated Göring as his successor, as heir apparent to the “New Order.”

In April 1936 Göring was appointed Coordinator for Raw Materials and Foreign Exchange and empowered to supervise all State and Party activities in these fields. I offer in support of that fact, as Exhibit Number USA-577, our Document 2827-PS, which is an excerpt from Rühle, _Das Dritte Reich_. I read from the fourth paragraph of the excerpt, if Your Honor pleases, which is an excerpt from a decree signed by Hitler, and it reads as follows:

“Minister President, Colonel General Göring will take the measures necessary for the accomplishment of the tasks given to him and has the authority to issue decrees and general administrative directives. He, for this purpose, is authorized to question and issue directives to all authorities, including the highest Reich authorities, and all agencies of the Party, its formations and attached organizations.”

In this capacity Göring convened the War Minister, the Defendant Schacht as Minister of Economics and President of the Reichsbank, and the Finance Minister for the Reich and the State of Prussia to discuss inter-agency problems connected with war mobilization. At a meeting of this group on the 12th of May 1936, when the question of the prohibitive cost of synthetic raw material substitutes arose, Göring decided:

“If we have war tomorrow we must help ourselves by substitutes. Then money will not play any role at all. If that is the case, then we must be ready to create the prerequisites for that in peacetime.”

A few days later, on the 27th of May 1936, at a meeting of the same group Göring opposed any limitations dictated by orthodox financial policies. He said that “all measures are to be considered from the standpoint of an assured waging of war.”

The well-known Four Year Plan was proclaimed by Hitler at the 1936 Nuremberg Party Day. Göring was appointed Plenipotentiary in charge of the program, which was intended to achieve national self-sufficiency. Furthermore, Göring commented in 1936 that his chief task as Plenipotentiary was “to put the whole economy on a war footing within 4 years.” I would like to offer into evidence, as Exhibit Number USA-579, our Document EC-408, so that I may direct the Tribunal’s attention to a memorandum, dated the 30th of December 1936, of the Defense Division of the Wehrmacht, entitled, “Memorandum on the Four Year Plan and Preparation of the War Economy”; and in the third paragraph of the translation, or at Page 2, in the middle of Paragraph Number 3 in the German original, there is the statement registered in the protocol, in the memorandum, that:

“Minister President General Göring, as Commissioner for the Four Year Plan, by authority of the Führer and Reich Chancellor, granted 18 of October 1936.

“As regards the war economy, Minister President, Colonel General Göring sees it as his task ‘within 4 years to put the entire economy in a state of readiness for war.’”

The exhibit from which I have just read is of interest because of another document that has just been brought to the attention of the Prosecution. It is a note for the files, dated December 2, 1936, written in longhand on the letterhead of “Minister President General Göring,” and is in the handwriting of Colonel Bodenschatz, Göring’s Chief of Staff. I offer this memorandum as Exhibit Number USA-580. It is our Document 3474-PS, and I direct the Tribunal’s attention to the fact that the date of this document is the 2d of December 1936. That was a conference, apparently, at which all the chief officers and generals of the Air Force, the German Air Force, met. Besides the Defendant Göring, there were General Milch, General Kesselring, Rüdel, Stumpff, Christiansen, and all the top commanders of the Air Force, and I read:

“World press excited about the landing of 5,000 German volunteers in Spain. Official complaint by Great Britain; she gets in touch with France.

“Italy suggests that Germany and Italy send, each, one division ground troops to Spain. It is, however, necessary that Italy, as interested Mediterranean power, issue a political declaration first. A decision can be expected only within a few days.

“The general situation is very serious. Russia wants the war. England rearms speedily. Command therefore: Beginning today ‘höchste Einsatzbereitschaft’”—apparently the translator did not see fit to translate those words, which mean the “highest degree of readiness”—“regardless of financial difficulties. Göring takes over full responsibility.”

“Peace until 1941 is desirable. However, we cannot know whether there will be implications before. We are already in a state of war. It is only that no shot is being fired so far.”

THE PRESIDENT: Perhaps that would be a convenient time to break off.

[_A recess was taken until 1400 hours._]

_Afternoon Session_

MR. ALBRECHT: May it please the Tribunal, two important conferences which have already been adverted to by the Prosecution show clearly how the Defendant Göring inspired and directed the preparation of the German economy for aggressive war. On the 8th of July 1938 he addressed a number of the leading German aircraft manufacturers and laid the groundwork for a vast increase in aircraft production. He stated that war with Czechoslovakia was imminent and boasted that the German Air Force was already superior in quality and quantity to the English. He said that:

“. . . if Germany wins the war. Then she will be the greatest power in the world, dominating the world market, and Germany will be a rich nation. For this goal, risks must be taken. . . .”

That quotation, may it please the Court, is taken from Document R-140, Exhibit Number USA-160.

A few weeks after the Munich Agreement, on the 14th of October 1938, at another conference held in Göring’s office, he made the statement that Hitler had instructed him to organize a gigantic armament program which would make insignificant all previous achievements. He indicated that he had been ordered to build as rapidly as possible an air force five times as large, to increase the speed of army and navy rearmament, and to concentrate on offensive weapons, principally heavy artillery and heavy tanks; and at that meeting he proposed a specific program designed to accomplish those ends. That is a short summary of facts which appear from Exhibit Number USA-123 already in evidence, our Document 1301-PS.

In his dual role as Reich Air Minister and Commander-in-Chief of the German Air Force it was Göring’s function to develop the Luftwaffe to practical war strength. As early as the 10th of March 1935, in an interview with the correspondent of the _London Daily Mail_, the mask of hypocrisy was removed and Göring frankly announced to the world that he was in the process of building a true military air force.

Two months later, in a speech to 1,000 Air Force officers, Göring spoke in a still bolder vein. I offer in evidence from Exhibit Number USA-437, our Document 3441-PS—which is Göring’s _Reden und Aufsätze_—another excerpt that has not yet been read in evidence, from Page 242. Göring said:

“I repeat: I intend to create a Luftwaffe which, if the hour should strike, shall burst upon the foe like a chorus of revenge. The enemy must have the feeling of being lost already before having fought.”

In the same year, on the 16th of March 1935, he signed his name to the conscription law which provided for compulsory military service and constituted an act of defiance on the part of Nazi Germany in violation of the Versailles Treaty. The Tribunal will take judicial notice of that decree, which is our Document 1654-PS, from which I shall not read, with the permission of the Tribunal—the Law for the Organization of the Armed Forces; it is cited in 1935 _Reichsgesetzblatt_, Part I, Page 369.

As is demonstrated by the affidavit of Ambassador Messersmith already in evidence, Göring’s statements during this period left no doubt in the minds of Allied diplomats that Germany was engaged in full mobilization of air power for an impending war.

Göring was in fact the central figure in German preparation for military aggression. In German economic development, too, he held the key positions throughout the pre-war period. Although he held no official position in the field of foreign affairs, as the Number Two Nazi, history records that he was prominent in all major phases of Nazi aggression between 1937 and 1941.

In the Austrian affair Göring was the prompter and director of the diplomatic “tragicomedy” enacted before a shocked but silent world.

The Tribunal is familiar with Göring’s complicity in the aggression against Austria. However, some additional documents have just come to our notice which show that Göring not only participated actively, but may even have been in direct charge of the German plan to bring about the Austrian Anschluss. I will offer the first of these documents, our Document 3473-PS, as Exhibit Number USA-581. I shall not read from that exhibit, if Your Honors please, but I would like to call the attention of the Tribunal to the letter from Keppler, who was one of Göring’s agents, addressed to the Defendant Göring. It is dated the 6th of January 1938. From its context it would seem that a valid inference can be drawn that Göring was already active in the Austrian matter in 1937. Our prior evidence brought him into the picture much later. The Prosecution believes this document to be of great significance, as it shows that the Defendant Seyss-Inquart actually had Göring’s mandate to carry out the orders of the Nazi conspirators in Vienna. The document itself will be read and discussed in the presentation of the case showing the individual responsibility of the Defendant Seyss-Inquart; and I shall not take the time of the Tribunal at this time.

The second document I wish to introduce is Exhibit Number USA-582, our Document 3472-PS. This exhibit would seem to show that the conspirators attempted to create the impression that the Anschluss, when it took place, was achieved by “legal” means. The command apparently was given the members of the NSDAP in Austria to keep “hands off” in order to permit the deviltry to be worked out by the official Reich agencies, that is, through the Defendant Göring and, presumably, the Defendant Von Papen, by direct contact with the Austrian officials.

I read from that document:

“Yesterday information reached me to the effect that Landesleiter Leopold”—and may I interrupt for a moment to point out that the word “Landesleiter” is the title of the leader of the Nazi community in Austria—“also on his part has started negotiations with Chancellor Schuschnigg. Thereupon I have asked the Foreign Office to investigate the truth of this information and, in case it is true, to take care that such negotiations are not held because they would merely disturb the proceedings of the other negotiations.

“Just now I got word from the Foreign Office that they received a report from the embassy in Vienna confirming the facts. I therefore would like to know whether it would not be more appropriate to forbid Landesleiter Leopold and the other members of the country’s leadership to negotiate with Chancellor Schuschnigg as well as with any Austrian Government authorities as to the execution of the pact of the 11th of July 1936, unless it is done after contacting and in agreement with the authorities in charge in the Reich.”

Now below, if I may call the attention of the Tribunal to the note that appears in this letter. It is written in blue pencil, and, while the translator has not indicated the initial below that note, it is a large “G”; and I have no doubt that that note was written by the Defendant Göring. It reads:

“Agreed, Minister Hess or Herr Bormann can give this order best! Keppler ought to ask therefore by telephone!”

If I may direct your attention to the upper right corner, there is another note in pencil, “Transmitted to Herr Keppler on the 11th of February 1938 by Fräulein Ernst;” and it is signed with initial “G,” which in this case, however, we are quite sure is the initial of Miss Grundmann, who was one of Göring’s secretaries.

The third document I offer as Exhibit Number USA-583, our Document 3471-PS. The first letter of this exhibit is written by the same Keppler to the same Bodenschatz mentioned a short while ago, but who is now a general. I shall not read from this exhibit, with the permission of the Tribunal, but I shall briefly summarize it. This letter and the annexes show that Leopold, the Nazi Landesleiter in Austria, was apparently not completely amenable to the orders given by Berlin and pursued his own methods for accomplishing an Anschluss. The second annex to this letter, addressed to Keppler, who appears from this letter to have been an SS Gruppenführer, shows that prominent Nazis had declared themselves in favor of a Major Klausner to succeed Leopold as Landesleiter; and I would like to call the Tribunal’s attention to the fact that in the left margin of the covering letter appear some red crayon marks in the characteristic color employed on several occasions, to our knowledge, by Göring; and they would seem to show that Göring personally had seen these documents and that General Bodenschatz had brought them to his attention. In any event these letters again demonstrate that Göring was one of the principal conspirators in the Austrian affair.

When the time finally came, on 11 March 1938, to consummate the Anschluss, Göring was in complete command. Throughout the afternoon and evening of that day he directed by telephone the activities of the Defendant Seyss-Inquart and of the other Nazi conspirators in Vienna. The pertinent portions of these telephone conversations, it will be remembered, were read into the record.

It will be recalled that early on the same evening of 11 March he dictated to the Defendant Seyss-Inquart the telegram which the latter was to send to Berlin, requesting the Nazi Government to send German troops to “prevent bloodshed.” Two days later he was able to call the Defendant Ribbentrop in London and gleefully relate to him of his success and that “this story that we had given an ultimatum is just foolish gossip.”

If I may interrupt for a moment, that passage I just alluded to was read into the record at Page 581 (Volume II, Page 424).

Similarly, Göring played an important role in the attack on Czechoslovakia. In March of 1938, at the time of the Anschluss, he had given a solemn assurance to the Czechoslovakian Minister in Berlin that the developments in Austria would in no way have a detrimental influence on the relations between Germany and Czechoslovakia and he had emphasized the continued earnest endeavor on the part of Germany to improve these relations. In this connection Göring had used the expression, “Ich gebe Ihnen mein Ehrenwort” (“I give you my word of honor”).

That expression was read previously into the record at Page 962 (Volume III, Page 192).

On the other hand, in his address to German airplane manufacturers on the 8th of July 1938, which I have already mentioned, he made his private views on this subject, which were hardly consistent with his solemn official statements, abundantly clear.

On the 14th of October 1938, shortly after the Munich Agreement, at a conference in the Air Ministry, Göring stated that the Sudetenland had to be exploited with all means and that he counted upon a complete industrial assimilation of Czechoslovakia. Meanwhile, as proof before the Tribunal shows, he was deceiving the representatives of the puppet Slovakian Government to the same end.

In the following year, with the rape of Czechoslovakia complete, Göring frankly stated what Germany’s purpose had been throughout the whole affair. He explained that the incorporation of Bohemia and Moravia into the German economy had taken place, among other reasons, in order to increase the German war potential by exploitation of the industry there.

Göring was also a moving force in the later crimes against the peace. As the successor designate to Hitler, chief of the air forces and economic czar of Greater Germany, he was a party to all the planning for military operations of the Nazi forces in the East and in the West.

In the Polish affair, for example, it was Göring who, on the 31st of January 1935, gave assurances to the Polish Government through Count Czembek, as revealed in the Polish _White Book_, of which I ask the Tribunal to take judicial notice, that “there should be not the slightest fear in Poland that on the German side it”—meaning the German-Polish alliance—“would not be continued in the future.” Yet, 4 years later, Göring helped to formulate plans for the ruthless invasion of Polish territory.

In respect to the attack upon the Soviet Union, the documents already introduced prove that plans for the ruthless exploitation of Soviet territory were made months in advance of the opening of hostilities. Göring was placed in charge of this army of spoliation, whose mission was that of “seizing raw materials and taking over all important concerns.”

But these specific instances cited are merely illustrative of Göring’s activities in the field of aggressive war. On Pages 20, 21, and 22 of our brief there appears a list of documents—by no means exhaustive—previously offered by the Prosecution, which demonstrate Göring’s knowledge of and continued participation in the Nazi war program.

We turn now to Göring’s responsibility for planning and his participation in the procurement of forced labor, the deportation and enslavement of residents of occupied territories, the employment of prisoners of war in war industry, the looting of works of art, and the Germanization and spoliation of countries overrun by the Nazis.

Evidence previously introduced has detailed the slave labor program of the Nazi conspirators and has shown its two purposes, both of them criminal. The first was to satisfy the labor requirements of the Nazi war machine by forcing residents of occupied countries to work in Germany. The second purpose was to destroy or weaken the peoples of the occupied territories. It has been shown that millions of foreign workers were taken to Germany, for the most part under pressure and generally by physical force; that these workers were forced to labor under conditions of indescribable brutality and degradation; and that often they were used in factories and industries devoted exclusively to the production of munitions of war.

Göring was at all times implicated in the slave labor program. Recruitment and allocation of manpower and determination of working conditions were included in his jurisdiction as Plenipotentiary for the Four Year Plan, and from its beginning a part of the Four Year Plan Office was devoted to such work. I ask the Tribunal in this connection to take judicial notice of our Document 1862-PS, Ordinance for the Execution of the Four Year Plan, dated 18 October 1936, which appears in 1936, _Reichsgesetzblatt_, Part I, Page 887, and with the permission of the Tribunal I shall not read the same.

Soon after the fall of Poland Göring began the enslavement of large numbers of Poles. On 25 January 1940 the Defendant Frank, the Governor General of Poland, reported to Göring on his directive for the:

“Supply and transportation of at least 1 million male and female agricultural and industrial workers to the Reich—among them at least 750,000 agricultural workers of which at least 50 percent must be women in order to guarantee agricultural production in the Reich and as a replacement for industrial workers lacking in the Reich.”

This is taken from our Exhibit Number USA-172, our Document Number 1375-PS.

That orders for this enormous number of workers originated with the Defendant Göring is clear from statements in the Defendant Frank’s diary for 10 May 1940, already introduced in evidence.

For the harsh treatment given those workers when they reached Germany the Defendant Göring is also responsible. On 8 March 1940, as Plenipotentiary for the Four Year Plan and as Chairman of the Cabinet Council for the Defense of the Reich, he issued a directive entitled, “Treatment of Male and Female Civilian Workers of Polish Nationality in the Reich.” I refer to our Document R-148 as proof of that fact. I shall not introduce it at this time into evidence, with the permission of the Tribunal, as it will be introduced by the Soviet prosecution at a later date.

On 29 January 1942 the division for the employment of labor in the Four Year Plan office issued a circular, signed by Dr. Mansfeld, the general delegate for labor employed in the Four Year Plan office, addressed to various civilian and military authorities in the occupied territories, explaining that, and I quote, “any and all . . . methods . . . must be adopted” to force workers to go to Germany. I shall not read from our exhibit, if the Tribunal please, but I would like to offer in evidence Document 1183-PS as our Exhibit Number USA-585. This is a circular letter dated the 29th of January 1942 of the Commissioner for the Four Year Plan.

It has been shown previously that on 21 March 1942 Hitler promulgated a decree appointing the Defendant Sauckel Plenipotentiary General for manpower, directing him to carry out his tasks within the framework of the Four Year Plan, and making him directly responsible to Göring as head of the Four Year Plan.

On 27 March 1942 the Defendant Göring issued his important enabling decree in pursuance of the decree of the Führer of 21 March 1942. The Tribunal has already judicially noted this decree, which is our Document 1666-PS.

Since the Defendant Sauckel was an authority under the Four Year Plan, the Defendant Göring retains full responsibility for the enormous war crimes committed by Sauckel as Plenipotentiary General for manpower. These crimes have been the subject of our presentations on slave labor and on the illegal use of prisoners of war.

It was also proven during those presentations that the Nazi conspirators ordered prisoners of war to work under dangerous conditions and in the manufacturing and transportation of arms and munitions of war, in violation of the laws of war and of Articles 31 and 32 of the Geneva Convention of 27 July 1929 on prisoners of war. The Defendant Göring had a part in all these crimes.

At a conference on 7 November 1941, the subject of which was the employment of citizens of the Soviet Union, including prisoners of war, it appears from a memorandum signed by Körner, who was State Secretary to the Defendant Göring as Plenipotentiary for the Four Year Plan, that Göring gave certain ruthless directives for the use of Soviet citizens, both prisoners of war and free Soviet workers, as laborers. I refer to our Document 1193-PS which, with the permission of the Tribunal, I shall not offer in evidence at this time and which will be offered by the Soviet Prosecution.

In a set of top-secret notes of outlines laid down by Göring in what was apparently the same conference of 7 November 1941, which are already in evidence, the following facts appear:

1) That, of a total of 5 million prisoners of war, 2 million were employed in war industries;

2) That it was better to employ PW’s than unsuitable foreign workers;

3) That Poles, Dutchmen, _et cetera_, should be seized if necessary as PW’s and employed as such, if work through free contract cannot be obtained.

These facts, if Your Honors please, appear in our Document 1206-PS, which was submitted in evidence as Exhibit Number USA-215.

In a secret letter from the Reich Minister of Labor to the presidents of the regional labor exchange offices, already in evidence, it is furthermore recorded that upon the personal order of the Reich Marshal, the Defendant Göring, 100,000 men are to be taken from among the French PW’s not yet employed in the armament industry and assigned to the airplane armament industry and that gaps in manpower supply resulting therefrom are to be filled by Soviet PW’s.

Evidence has also been introduced showing the organized, systematic program of the Nazi conspirators for the cultural impoverishment of every country in Europe. The continuous connection of the Defendant Göring with these activities has been substantiated.

In October 1939 the Defendant Göring requested Dr. Mühlmann to undertake immediately the “securing” of all Polish art treasures. In his affidavit, already offered, Dr. Mühlmann states that he was the special deputy of the Governor General of Poland, the Defendant Frank, for the safeguarding of art treasures in the Government General from October 1939 to September 1943, and that the Defendant Göring, in his capacity as Chairman of the Reich Defense Council, had commissioned him with this duty.

Mühlmann also confirms that it was the official policy of the Defendant Frank to take into custody all important art treasures which belonged to Polish public institutions, private collections, and the Church, and that such art treasures were actually confiscated.

It appears also from a report made by Dr. Mühlmann on 16 July 1943 on his operations that at one time 31 valuable sketches by the artist Albrecht Dürer were taken from the Polish collection and personally handed to the Defendant Göring who took them to the Führer’s headquarters.

The part played by Göring in the looting of art by the Einsatzstab Rosenberg has been shown. We refer to Exhibit Number USA-368, which is our Document Number 141-PS, which is an order dated 5 November 1940, already read in evidence, in which Göring directs the chief of the Military Administration in Paris and the Einsatzstab Rosenberg to dispose of the art objects brought to the Louvre in the following priority:

“1) Those art objects as to the use of which the Führer has reserved the decision for himself;

“2) Those art objects which serve to complete the Reich Marshal’s collection;

“3) Those art objects and library stocks, which seem of use for the establishment of the Hohe Schule and for Rosenberg’s sphere of activities;

“4) Those art objects suitable for German museums . . . .”

In view of the high priority afforded by the foregoing order to the completion of the defendant’s own collection, it is not surprising to find that Göring continued to aid the operations of the Einsatzstab Rosenberg. It has been established that on 1 May 1941 Göring issued an order under his own signature to all Party, State, and Wehrmacht services, requesting them to give all possible support and assistance to the chief of staff of Reichsleiter Rosenberg.

By May 1942 the Defendant Göring was able to boast of the assistance which he had rendered to the work of the Einsatzstab Rosenberg. In our Document 1015(i)-PS which has been read in evidence on Page 1678 of the record (Volume IV, Page 87), he is shown writing to the Defendant Rosenberg that he personally supports the work of the Einsatzstab wherever he can do so and that accounted for the seizure of such a large number of art objects because he was able to render assistance to the Einsatzstab.

Thus, the Defendant Göring’s responsibility for the planning of the looting of art, which was actually accomplished by the Einsatzstab Rosenberg, would seem clear.

Details of the execution of both the Germanization and spoliation policies in both the Western and Eastern countries occupied by the German armies will be presented subsequently by the French and Soviet Delegations. The responsibility of the Defendant Göring, in his capacity as Plenipotentiary for the Four Year Plan, as President of the Cabinet Council for the Defense of the Reich, and in other capacities, will be further demonstrated by that evidence.

The plans of the Nazi conspirators with respect to Poland have been shown by evidence already offered. The Nazis purported to incorporate the four western provinces of Poland into the German Reich. In the remaining portions occupied by them they set up the Government General. It has been shown that the Nazis planned to germanize the so-called incorporated territories ruthlessly, by deporting the Polish intelligentsia, Jews, and dissident elements to the Government General for eventual elimination, by confiscating Polish property, by sending those so deprived of their property to Germany as laborers, and by importing German settlers. It was specifically planned to exploit the people and material resources of the territory within the Government General by taking whatever was needed to strengthen the Nazi war machine, thus impoverishing this region and reducing it to a vassal state.

The Defendant Göring, together with Hitler and Lammers and with the Defendants Frick and Hess, on 8 October 1939 signed the decree by which certain parts of Polish territory were incorporated into the Reich.

Purporting to act by virtue of the foregoing decree, Göring, as Plenipotentiary for the Four Year Plan, signed an order on 30 October 1939 concerning the introduction of the Four Year Plan in the Eastern territories.

In his directive dated 19 October 1939 (Document Number EC-410, Exhibit Number USA-298) Göring stated that the task for the economic treatment of the various administrative regions would differ, depending on whether a country was to be incorporated politically into the German Reich or whether the Government General was involved, which, in all probability, would not be made a part of Germany. He went on to say:

“In the first mentioned territories the reconstruction and expansion of the economy, the safeguarding of all their production facilities and supplies must be aimed at, as well as a complete incorporation into the Greater German economic system at the earliest possible time. On the other hand there must be removed from the territories of the Government General all raw materials, scrap materials, machines, _et cetera_, which are of use for the German war economy. Enterprises which are not absolutely necessary for the meager maintenance of the bare existence of the population must be transferred to Germany, unless such transfer would require an unreasonably long period of time and would make it more practical to exploit those enterprises by giving them German orders to be executed at their present location.”

From the foregoing documents the complicity of the Defendant Göring in the plans for the ruthless exploitation of Poland appears clear. But his fine hand also may be found behind the remainder of the Nazi plans for Poland. As an illustration, it was the Defendant Göring who signed, with Hitler and the Defendant Keitel, the secret decree of 7 October 1939 which entrusted Himmler with the task of executing the Germanization program. That secret decree was read into evidence at Pages 1522-23 (Volume III, Page 583).

Evidence already introduced has shown from the mouths of Himmler, the Defendant Frank, and others just what this appointment involved in human suffering and degradation.

Similarly, it was the Defendant Göring who, by virtue of his powers as Plenipotentiary for the Four Year Plan, issued a decree on 17 September 1940 concerning confiscation in the incorporated Eastern territories. This decree applied to “property of citizens of the former Polish State within the territory of the Greater German Reich including the incorporated Eastern territories.” I ask the Court to take judicial notice of our Document 1665-PS, which is an “Order concerning Treatment of Property of Nationals of the Former Polish State,” cited in 1940 _Reichsgesetzblatt_, Part I, Page 1270. I shall read from this document:

“Article I.

“1) Property of nationals of the former Polish State within the area of the Greater German Reich, including annexed Eastern territories, is subject to confiscation, administration by commissioner and sequestration in accordance with the following regulations.”

I now skip to Article II.

“1) Confiscation will be applied in case of property belonging to: a) Jews; b) persons who have fled or who have absented themselves for longer than a temporary period.

“2) Confiscation may be applied: a) If the property is needed for the public good, especially for purposes of national defense or the strengthening of German folkdom; b) if the owners or other persons entitled to it immigrated into the area of the German Reich after 1 October 1918.”

I skip now to Article IX, the first part:

“1) Sequestered property can be confiscated in favor of the Reich by the competent office . . . if the public weal, particularly the defense of the Reich or the consolidation of the German nationality, requires it.”

Evidence has also been introduced by the United States showing the extent to which the spoliation of Soviet territory and resources and the barbarous treatment inflicted on Soviet citizens were the result of plans long made and carefully drawn up by the Nazis before they launched their aggressive war on the Soviet Union. The Nazis planned to destroy the industrial potential of the northern regions occupied by their armies and so to administer the production of food in the south and southeast, which normally produced a surplus of food, that the population of the northern region would inevitably be reduced to starvation because of diversion of such surplus food to the German Reich. It has been shown also that the Nazis planned to incorporate Galicia and all of the Baltic countries into Germany and to convert the Crimea, an area north of the Crimea, the Volga territory, and the district around Baku into German colonies.

By 29 April 1941, almost 2 months prior to the invasion of the Soviet Union, it appears that Hitler had entrusted the Defendant Göring with the over-all direction of the economic administration in the area of operations and in the areas under political administration. It further appears that Göring had set up an economic staff and subsidiary authorities to carry out this function.

The form of this organization created by Göring and the duties of its various sections appear more clearly in a set of directives “for the operation of the economy in the newly occupied Eastern territories” issued by Göring, as Reich Marshal of the Greater German Reich, in June 1941. These directives are contained in the important _Green Portfolio_ which, curiously enough, was printed by the Wehrmacht. By the terms of these directives it is stated that:

“The orders of the Reich Marshal cover all economic fields, including nutrition and agriculture. They are to be executed by the subordinate economic offices. . . .”

An Economic Staff East was charged with the execution of orders transmitted to it from higher authority. One subdivision of this staff, the agricultural section, was charged with the following functions:

“Nutrition and agriculture, the economy of all agricultural products, provision of supplies for the Army in co-operation with the army groups concerned.”

Excerpts from the _Green Portfolio_ have already been admitted as Exhibit Number USA-315, but I will offer at this time without reading some additional excerpts in support of the facts that have just been related. I would like to offer, as Exhibit Number USA-587, our Document 1743-PS. This is another copy of the _Green Portfolio_, and I want to offer this portfolio to show to the Tribunal that these directives were originally published in June 1941. Document EC-472, which is already in evidence as Exhibit Number USA-315, was a revised edition published in July 1941. In other words, the economic plan for the invasion was ready when the Wehrmacht actually marched into the Soviet Union on June 22, 1941.

As appears from the foregoing directives, it was a subdivision of the economic organization set up by the Defendant Göring, the agricultural section of the Economic Staff East, which rendered a report on 23 May 1941, containing a set of policy directives for the exploitation of Soviet agriculture. It will be recalled that these directives contemplated abandonment of all industry in the food deficit regions, with certain exceptions, and the diversion of food from the food surplus regions to German needs, even though millions of people would inevitably die of starvation as a result. Those directives have already been read into evidence at Page 1558 (Volume IV, Page 5).

Minutes of a meeting at Hitler’s headquarters on 16 July 1941, kept by the Defendant Bormann, have also been read in part in evidence. It was at this meeting that Hitler stated that the Nazis never intended to leave the countries then being occupied by their armies, that although the rest of the world was to be deceived on this point, nevertheless, “this need not prevent us from taking all necessary measures—shooting, desettling, _et cetera_—and we shall take them.” That quotation, may it please the Tribunal, was taken from our Exhibit USA-317, our Document L-221. Then Hitler discussed making the Crimea and other parts of the Soviet Union into German colonies. The Defendant Göring was present and participated in this conference.

As a final illustration it appears from a memorandum dated 16 September 1941, which is our Exhibit Number USA-318, that Göring presided over a meeting of German military officials concerned with the better exploitation of the occupied territories for the German food economy. In discussing this topic, the Defendant Göring said:

“In the occupied territories on principle only those people are to be supplied with an adequate amount of food who work for us. Even if one wanted to feed all the other inhabitants, one could not do it in the newly occupied Eastern areas. It is, therefore, wrong to funnel off food supplies for this purpose if it is done at the expense of the Army and necessitates increased supplies from home.”

From the foregoing documents participation of the Defendant Göring in the Nazi plans for committing wholesale War Crimes in occupied territories is, we submit, clear.

I turn now to Göring’s planning and his participation in inhumane acts committed against civilian populations before and during the war. It has been shown that shortly after becoming Prime Minister of Prussia in 1933, Göring created the Gestapo in Prussia, which became a model for that instrument of terror as it was extended to the rest of Germany. Concentration camps were established in Prussia in the spring of 1933 under his administration, and these camps were then placed in the charge of the Gestapo, of which he was chief.

The extent to which Göring and the other Nazi conspirators employed these institutions as agencies for the commission of their crimes already appears from the evidence. In 1936 Himmler became chief of the German Police. Thereafter Göring was able to devote his attention chiefly to the task of creating the German Air Force and to the task of preparing the nation economically for aggressive war. However, he continued to be concerned with these institutions of his creation. An example of this is shown in our Document 1584(I)-PS, already introduced as Exhibit Number USA-221, which is a teletype sent by Göring to Himmler in which he requested the latter to place at his disposal as great a number of concentration camp inmates as possible, as the situation of air warfare made the subterranean transfer of industry necessary.

In his reply Himmler advised Göring by teletype that a survey on the employment of prisoners in the aviation industry showed that 36,000 were being employed for the purposes of the Air Forces and that an increase to a total of 90,000 prisoners was being contemplated.

Evidence has been introduced as to medical experiments performed on human beings at the concentration camp at Dachau and the part played by Field Marshal Milch, State Secretary and deputy to the Defendant Göring as Air Minister, for whose acts the latter must bear full responsibility. It is abundantly clear from letters written by Milch to General Wolff on 20 May 1942 and to Himmler in August 1942, both of which have been read in evidence at Page 1850 of the record (Volume IV, Page 204, 205), our Document 343-PS.

Finally, I turn to Göring’s participation in and planning for elimination of all members of the Jewish race from the economic life of Germany and in the planned extermination of all Jews from the continent of Europe.

In 1935 the Defendant Göring, as President of the Reichstag, made a speech urging that body to pass the infamous Nuremberg race laws. I offer, as Exhibit Number USA-588, our Document 3458-PS, which is an excerpt from Rühle, _Das Dritte Reich_, Page 257. Göring said:

“God has created the races. He did not want equality and therefore we energetically reject any attempt to falsify the concept of race purity by making it equivalent with racial equality. We have experienced what it means when a people has to live in accordance with the laws of an equality that is alien to its kind and contrary to nature. For this equality does not exist. We have never acknowledged such an idea and therefore must reject it also, as a matter of principle, in our laws, and we must acknowledge that purity of race which nature and providence have destined.”

Again, to show his official attitude, as revealed on 26 March 1938 in a speech in Vienna, I offer, as Exhibit Number USA-437, our Document 3460-PS, starting with Page 348. Göring said:

“I must address myself with a serious word to the city of Vienna. The city of Vienna can no longer rightfully be called a German city. So many Jews live in this city. Where there are 300,000 Jews, you cannot speak of a German city.

“Vienna must once more become a German city, because it must perform important tasks for Germany in Germany’s Ostmark. These tasks lie in the sphere of culture as well as in the sphere of economics. In neither of them can we, in the long run, put up with the Jew.

“This, however, should not be attempted by inappropriate interference and stupid measures but must be done systematically and carefully. As Delegate for the Four Year Plan, I commission the Reichsstatthalter in Austria jointly with the Plenipotentiary of the Reich to consider and take any steps necessary for the redirection of Jewish commerce, i.e., for the Aryanization of business and economic life, and to execute this process in accordance with our laws, legally but inexorably.”

Acting within the framework of economic preparation for aggressive war, the Nazi conspirators then began the complete elimination of Jews from economic life preparatory to their physical annihilation. The Defendant Göring, as head of the Four Year Plan, was in active charge of this phase of the persecution.

The first step in his campaign was the decree of 26 April 1938, requiring registration of all Jewish-owned property. Both Göring and the Defendant Frick signed that law. It is already in evidence.

I beg the Tribunal’s pardon. I would like the Tribunal to take judicial notice of that decree, which is our Document 1406-PS and cited as 1938 _Reichsgesetzblatt_, Part I, Page 414.

Now, armed with the information thus secured, the Nazi conspirators were fully prepared to take the next step. The killing of Vom Rath, a German Legation secretary in Paris on 9 November 1938, was made the pretext for widespread “spontaneous” riots, which included the looting and burning of many Jewish synagogues, homes, and shops, all carefully organized and supervised by the Nazi conspirators. The Defendant Göring was fully informed of the measures taken. The teletype orders of 10 November 1938 given by Heydrich are already in evidence and were read at Page 1405 of the record (Volume III, Page 500). A letter which Heydrich wrote to Göring on the following day has also been read. It is our Document 3058-PS, Exhibit Number USA-508. In it Himmler summarizes the so-called “spontaneous” riots that had taken place. He reported the day after the riot that insofar as the official reports from the district police were concerned he was able to state that 815 shops were destroyed, 171 dwelling houses set on fire or destroyed, and that all this indicates only a fraction of the actual damage caused, as far as arson is concerned. He also said that:

“Due to the urgency of the reporting, the reports received to date are entirely limited to general statements, such as ‘numerous’ or ‘most shops destroyed’. Therefore”—says Heydrich—“the figures given will be considerably augmented.

“One hundred and ninety-one synagogues were set on fire and another 76 completely destroyed. In addition 11 parish halls, cemetery chapels, and similar buildings were set on fire. . . .

“Twenty thousand Jews were arrested. . . .

“Thirty-six deaths were reported and those seriously injured were also numbered at 36.”

Immediately after these so-called “spontaneous” riots of 9 November, Göring acted as chairman of a meeting at the Reich Ministry of Air devoted to the Jewish question, which also was attended by the Defendant Funk and other conspirators. The stenographic report on that meeting is an extraordinary document, and it does not make pretty reading. It is our Document 1816-PS, which has already been offered as Exhibit Number USA-261. I should like to read certain passages that have not as yet been read into the record. I read from the top of first page, the first two paragraphs of Page 1 of the German original; Göring speaks:

“Gentlemen, today’s meeting is of a decisive nature. I have received a letter written on the Führer’s order by the Stabsleiter of the Führer’s deputy, Bormann, requesting that the Jewish question be now uniformly comprehended and solved one way or another. And yesterday once again the Führer requested me by phone to take co-ordinated action, in the matter.

“Since the problem is mainly an economic one, it is from the economic angle that it will have to be tackled. Naturally a number of legal measures will have to be taken which fall into the sphere of the Minister for Justice and into that of the Minister of the Interior; then certain resulting propaganda measures shall be taken care of by the office of the Minister for Propaganda. The Minister of Finance and the Minister for Economic Affairs shall take care of problems falling into their respective departments.”

Specific measures to effect the Aryanization of Jewish business were then discussed. A representative of German insurance companies was called in to assist in the solving of the difficulties created by the fact that most of the Jewish stores and other property destroyed in the rioting were, in fact, insured, in some cases, ultimately by foreign insurance companies. All present were agreed that it would be unfortunate to pass a law which would have the effect of allowing foreign insurance companies to escape liability. The Defendant Göring then suggested a characteristic solution, and I pass to Page 10. In German it is the third full paragraph on Page 3/11. Göring said:

“No, I don’t even dream of refunding the insurance companies the money. The companies are liable. No, the money belongs to the State. That’s quite clear. That would indeed be a present for the insurance companies. You made a wonderful _Petitum_ there. You’ll fulfill your obligations; you may count on that.”

It is superfluous to quote further from the extensive discussion of all phases of persecution of the Jews that took place at this meeting. It is sufficient to point out that on the same day the Defendant Göring, over his own signature, promulgated three decrees putting into effect the most important matters decided at this meeting. In the first of these decrees a collective fine of 1 billion Reichsmarks was placed on all German Jews. I ask the Tribunal to take judicial notice of that decree, which is our Document 1412-PS and appears in 1938 _Reichsgesetzblatt_,