This is not the time to review the evidence against particular organizations which, we take it, should be reserved for summation after all the evidence is presented. But it is timely to say that the selection of the six organizations named in the Indictment was not a matter of chance. The chief reasons they were chosen are these: collectively they were the ultimate repositories of all power in the Nazi regime; they were not only the most powerful, but the most vicious organizations in the regime; and they were organizations in which membership was generally voluntary.
The Nazi Leadership Corps consisted of the directors and principal executors of the Nazi Party, which was the force lying behind and dominating the whole German state. The Reichs Cabinet was the facade through which the Nazi Party translated its will into legislative, administrative, and executive acts. The two pillars on which the security of the regime rested were the armed forces, directed and controlled by the General Staff and High Command, and the police forces—the Gestapo, the SA, the SD, and the SS. These organizations exemplify all the evil forces of the Nazi regime.
These organizations were also selected because, while representative, they were not so large or extensive as to make it probable that innocent, passive, or indifferent Germans might be caught up in the same net with the guilty. State officialdom is represented, but not all administrative officials or department heads or civil servants; only theReichsregierung, the very heart of Nazidom within the Government, is named. The armed forces are accused, but not the average soldier or officer, no matter how high ranking. Only the top policy-makers—the General Staff and High Command—are named. The police forces are accused, but not every policeman: not the ordinary police, which performed only normal police functions. Only the most terroristic and repressive police elements—the Gestapo and SD—are named. The Nazi Party is accused, but not every Nazi voter, not even every member; only the leaders, thePolitische Leiter. (See Chart No. 14.) And not even every Party official or worker is included; only “the bearers of sovereignty,” in the metaphysical jargon of the Party, who were the actual commanding officers and their staff officers on the highest levels, are accused. The “formations” or strong arms of the Party are accused, but not every one of the seven formations, nor any of the twenty or more supervised or affiliated party groups. Nazi organizations in which membershipwas compulsory, either legally or in practice (like the Hitler Youth and theDeutsche Studentschaft); Nazi professional organizations (like the Civil Servants Organization, the National Socialist Teachers Organization, and the National Socialist Lawyers Organization); Nazi organizations having some legitimate purpose (like the welfare organizations), have not been indicted. Only two formations are named, the SA and the SS, the oldest of the Nazi organizations, groups which had no purpose other than carrying out the Nazi schemes and which actively participated in every crime denounced in the Charter.
In administering preventive justice with a view to forestalling repetition of these crimes against peace, crimes against humanity, and war crimes, it would be a greater catastrophe to acquit these organizations than it would be to acquit the entire 22 individual defendants in the box. These defendants’ power for harm is spent. That of these organizations goes on. If they are exonerated here, the German people will infer that they did no wrong and will easily be regimented in reconstituted organizations under new names behind the same program.
In administering retributive justice it would be possible to exonerate these organizations only by concluding that no crimes have been committed by the Nazi regime. Their sponsorship of every Nazi purpose and their confederation to execute every measure to attain those ends is beyond denial. A failure to condemn these organizations under the terms of the Charter can only mean that such Nazi ends and means cannot be considered criminal, and that the Charter of the Tribunal is considered a nullity.
The Nazi Party Leadership Corps—it is proposed to demonstrate—was responsible for planning, directing, and supervising the criminal measures carried into execution by the Nazi Party, which was the central core of the common plan or conspiracy charged in Count I of the Indictment. Moreover, it will be shown, the members of the Leadership Corps themselves actively participated in the commission of illegal measures in aid of the conspiracy. In the light of the evidence to be discussed, the Leadership Corps may be fairly described as the brain, the backbone, and the directing arms of the Nazi Party. Its responsibilities are more massive and comprehensive than those of the army of followers who blindly and faithfully did its bidding.
In considering the composition and organizational structure of the Leadership Corps, preliminary reference is made to the organization chart of the Nazi Party (Chart Number 1) as well as a chart of the Leadership Corps of the Nazi Party appearing at page 9 of a magazine published by the Chief Education Office of the Nazi Party entitled “Das Gesicht der Partei” (The Face of the Party). These charts and the evidence to follow show that the Leadership Corps constituted the sum of the officials of the Nazi Party: it included the Fuehrer; theReichsleiterand Reich office holders; the five categories of leaders who were area commanders (calledHoheitstraeger, or “bearers of sovereignty”) ranging all the way from the 40-oddGauleiterin charge of large districts down through the intermediate political leaders to theBlockleiter, charged with looking after 40 to 60 households; and what may best be described as the Staff Officers attached to each of the 5 levels ofHoheitstraeger.
Organized upon a hierarchical basis, forming a pyramidal structure, the principal Political Leaders on a scale of descending authority were:
FuehrerReichsleiter(Reich Leaders) andMain OfficeandOffice HoldersGauleiter(District Leaders) and Staff OfficersKreisleiter(County Leaders) and Staff OfficersOrtsgruppenleiter(Local Chapter Leaders) and Staff OfficersZellenleiter(Cell Leaders) and Staff OfficersBlockleiter(Block Leaders) and Staff Officers
Fuehrer
Reichsleiter(Reich Leaders) andMain OfficeandOffice Holders
Gauleiter(District Leaders) and Staff Officers
Kreisleiter(County Leaders) and Staff Officers
Ortsgruppenleiter(Local Chapter Leaders) and Staff Officers
Zellenleiter(Cell Leaders) and Staff Officers
Blockleiter(Block Leaders) and Staff Officers
A large part of this and other evidence relating to the composition of the Leadership Corps of the Nazi Party is to be found in the 1943 edition of theOrganization Book of the NSDAP, an authoritative primer on Nazi organizations which was edited by the defendant, Reich Organization Leader of the NSDAP, Dr. Robert Ley.
TheReichsleitungof the Leadership Corps consisted of theReichsleiteror Reich Leaders of the Party, theHauptaemter(Main Offices) and theAemter(or Offices). TheReichsleiterof the Party were, next to Hitler, the highest officeholders in the Party hierarchy. All theReichsleiterand Main Office and officeholders within theReichsleitungwere appointed by Hitler andwere directly responsible to him.The Organization Book of the NSDAPputs it as follows:
“The Fuehrer appoints the following Political Directors: “Reichsleiterand all Political Directors, to include the Directors of the Womens Leagues within the Reich Directorate orReichsleitung.” (1893-PS)
“The Fuehrer appoints the following Political Directors: “Reichsleiterand all Political Directors, to include the Directors of the Womens Leagues within the Reich Directorate orReichsleitung.” (1893-PS)
The significant fact is that through theReichsleitungperfect coordination of Party and State machinery was guaranteed. The Party Manual describes it this way:
“In theReichsleitungthe arteries of the organization of the German people and of the German State merge.” (1893-PS)
“In theReichsleitungthe arteries of the organization of the German people and of the German State merge.” (1893-PS)
To demonstrate that theReichsleiterof the Leadership Corps included the most powerful coalition of political overlords in Nazi Germany, it is necessary only to mention their names. The list ofReichsleiterincludes the following defendants on trial: Rosenberg, Von Schirach, Frick, Bormann, and Ley.
The evidence to be presented will show that Rosenberg was the leader of an organization named for him, theEinsatzstabRosenberg, which carried out a vast program of looting and plunder of art treasures throughout occupied Europe. The evidence will further show that, as Representative of the Fuehrer for the Supervision of Nazi Ideology and Schooling, Rosenberg participated in an aggressive campaign to undermine the Christian churches and to supersede Christianity by a German National Church founded upon a combination of irrationality, pseudo-scientific theories, mysticism, and the cult of the racial state.
It will be shown that the late Defendant Ley, acting as the agent of Hitler and the Leadership Corps, directed the Nazi assault upon the independent labor unions of Germany and before destroying himself first destroyed the free and independent labor movement; and that he replaced it by a Nazi organization, the German Labor front or DAF, which he employed as a means of exploiting the German labor force in the interests of the conspiracy and to instill Nazi ideology among the ranks of the German workers.
It will be shown that Frick participated in the enactment of many laws which were designed to promote the conspiracy in its several phases. Frick shares responsibility for the grave injury done by the officials of the Leadership Corps to the concept of the rule of law by virtue of his efforts to give the color of law and formal legality to a large volume of Nazi legislation violative of the rights of humanity, such as the legislation designed to stigmatize and eliminate the Jewish people of Germany and German-occupiedEurope. As chief of the Party Chancellery, immediately under Hitler, Bormann was an extremely important force in directing the activities of the Leadership Corps. As will be shown, a decree of 16 January 1942 provided that the participation of the Party in all important legislation, governmental appointments, and promotions had to be undertaken exclusively by Bormann. He took part in the preparation of all laws and decrees issued by the Reich authorities and gave his assent to those of the subordinate governments.
The list ofReichsleiterof the NSDAP set forth in theNational Socialist Yearbook(1943 Edition) shows that the following 15Reichsleiterwere in office in 1943 (2473-PS):
The principal functions of theReichsleiterincluded carrying out the tasks and missions assigned to them by the Fuehrer or by the Chief of the Party Chancellery, Martin Bormann. TheReichsleiterwere further charged with insuring that Party policies were being executed in all the subordinate areas of the Reich. TheReichsleiterwere also responsible for insuring a continual flow of new leadership into the Party. With respect to the function and responsibilities of theReichsleiter, the Organization Book of the NSDAP states as follows:
“The NSDAP represents the political conception, the political conscience, and the political will of the German nation. Political conception, political conscience, and political will are embodied in the person of the Fuehrer. Based on his directives and in accordance with the program of the NSDAP the organs of the Reich Directorate directionally determine the political aims of the German people. It is in the Reich Directorate that the arteries of the organization of the German people and the State merge. It is the task of the separate organs of the Reich Directorate to maintain as close a contact as possible with the life of the nation through their sub-offices in the Gau * * *“The structure of the Reich Directorate is thus that the channel from the lowest Party office upwards shows the most minute weaknesses and changes in the mood of the people * * *“Another essential task of the Reich Directorate is to assure a good selection of leaders. It is the duty of the Reich Directorate to see that there is leadership in all phases of life, a leadership which is firmly tied to National Socialist ideology and which promotes its dissemination with all its energy * * *“* * * It is the supreme task of the Reich Organization Leader to preserve the Party as a well-sharpened sword for the Fuehrer.” (1893-PS)
“The NSDAP represents the political conception, the political conscience, and the political will of the German nation. Political conception, political conscience, and political will are embodied in the person of the Fuehrer. Based on his directives and in accordance with the program of the NSDAP the organs of the Reich Directorate directionally determine the political aims of the German people. It is in the Reich Directorate that the arteries of the organization of the German people and the State merge. It is the task of the separate organs of the Reich Directorate to maintain as close a contact as possible with the life of the nation through their sub-offices in the Gau * * *
“The structure of the Reich Directorate is thus that the channel from the lowest Party office upwards shows the most minute weaknesses and changes in the mood of the people * * *
“Another essential task of the Reich Directorate is to assure a good selection of leaders. It is the duty of the Reich Directorate to see that there is leadership in all phases of life, a leadership which is firmly tied to National Socialist ideology and which promotes its dissemination with all its energy * * *
“* * * It is the supreme task of the Reich Organization Leader to preserve the Party as a well-sharpened sword for the Fuehrer.” (1893-PS)
The domination of the German Government by the top members of the Leadership Corps was facilitated by a circular decree of the Reich Minister of Justice, dated 17 February 1934, which established equal rank for the offices within theReichsleitungof the Leadership Corps and the Reich offices of the government. In this decree it was expressly provided that
“the supreme offices of theReichsleitungare equal in rank to the supreme Reich Government authorities.”
“the supreme offices of theReichsleitungare equal in rank to the supreme Reich Government authorities.”
The Party Manual termed the control exercised over the machinery of government by the Leadership Corps “the permeation of the State apparatus with the political will of the Party.”
Domination by the Leadership Corps over the German State and Government was facilitated by uniting in the same Nazi chieftains both high office within theReichsleitungand corresponding offices within the apparatus of government. For example, Goebbels was aReichsleiterin charge of Party propaganda, but he was also a cabinet minister in charge of Propaganda and Public Enlightenment. Himmler held office within theReichsleitungas head of the Main Office for “Volkdom” and as Reichsfuehrer of the SS. At the same time, Himmler held the governmental position of Reich Commission for the Consolidation of Germandom and was the governmental head of the German police system (Chart Number 1). This personal union of high office in the Leadership Corps and high governmental position in the same Nazi Leaders greatly assisted the plan of the Leadership Corps to dominate and control the German State and Government.
In addition to theReichsleiter, theReichsleitung(Reich Party Directorate) included about elevenHauptamter, or Main Offices, and about fourAmter, or Offices. TheHauptamterof the Party included such main organizations as those for personnel, training, technology (headed by Speer), “Volkdom,” (headed by Himmler), civil servants, communal policy, and the like. TheAmter, or offices, of the Party within theReichsleitungincluded the Office for Foreign Policy under Rosenberg which actively participated in plans for aggression against Norway, the Office for Colonial Policy, the Office for Geneology, and the Office for Racial Policy.
Certain of the main offices and offices within theReichsleitungappeared again within theGauleitung, or Gau Party Directorate, andKreisleitung, or County Party Directorate. Thus, theReichsleiterand main office and office holders within theReichsleitungexercised, through functional channels running through subordinate offices on lower regional levels, total control over the various sectors of the national life of Germany.
(1)Gauleiter.For Party purposes Germany was divided into major administrative regions,Gaue, which, in turn, were subdivided intoKreise(counties),Ortsgruppen(local chapters),Zellen(cells), andBlocke(blocks). EachGauwas in charge ofaGauleiterwho was the political leader of theGauor district. EachGauleiterwas appointed by and was responsible to Hitler himself. TheOrganization Book of the NSDAPstates:
“TheGaurepresents the concentration of a number of Party counties, orKreise. TheGauleiteris directly subordinate to the Fuehrer. He is appointed by the Fuehrer. TheGauleiterbears overall responsibility to the Fuehrer for the sector of sovereignty entrusted to him. The rights, duties, and jurisdiction of theGauleiterresult primarily from the mission assigned by the Fuehrer and, apart from that, from detailed directives.” (1893-PS)
“TheGaurepresents the concentration of a number of Party counties, orKreise. TheGauleiteris directly subordinate to the Fuehrer. He is appointed by the Fuehrer. TheGauleiterbears overall responsibility to the Fuehrer for the sector of sovereignty entrusted to him. The rights, duties, and jurisdiction of theGauleiterresult primarily from the mission assigned by the Fuehrer and, apart from that, from detailed directives.” (1893-PS)
The responsibility and function of theGauleiterand his staff officers or office holders were essentially political, namely, to insure the authority of the Nazi Party within his area, to coordinate the activities of the Party and all its affiliated and supervised organizations, and to enlarge the influence of the Party over people and life in hisGaugenerally. Following the outbreak of the war, when it became imperative to coordinate the various phases of the German war effort, theGauleiterwere given additional important responsibilities. The Ministerial Council for the Defense of the Reich, which was a sort of general staff for civil defense and the mobilization of the German war economy, by a decree of 1 September 1939 (1939,Reichsgesetzblatt, Part I, page 1565), appointed about sixteenGauleiteras Reich Defense Commissars. Later, under the impact of mounting military reverses and an increasingly strained war economy, more and more important administrative functions were put on aGaubasis; the Party Gaue became the basic defense areas of the Reich and eachGauleiterbecame a Reich Defense Commissar (Decree of the Ministerial Council for the Defense of the Reich of 16 November 1942, 1942Reichsgesetzblatt, Part I, page 649). In the course of the war, additional functions were entrusted to theGauleiterso that at the end, with the exception of certain special matters, such as police affairs, almost all phases of the German war economy were coordinated and supervised by them. For instance, regional authority over price control was put under theGauleiteras Reich Defense Commissars, and housing administration was placed under theGauleiterasGauHousing Commissar. Toward the end of the war, theGauleiterwere charged even with military and quasi military tasks. They were made commanders of theVolkssturmin their areas and were entrusted with such important functions as the evacuation of civilian population in the path of the advancing Allied armies, as well as measures for the destruction of vital installations.
The structure and organization of the PartyGauwere substantially repeated in the lower levels of the Party organization such as theKreise,Ortsgruppen, Cells, and Blocks. Each of these was headed by a political leader who, subject to the Fuehrer principle and the orders of superior political leaders, was sovereign within his sphere. The Leadership Corps of the Nazi Party was in effect a “hierarchy of descending caesars.” Each of the subordinate Party levels, such asKreise,Ortsgruppen, and so on, was organized into offices orAmterdealing with the various specialized functions of the Party. But the number of such departments and offices diminished as the Party unit dropped in the hierarchy, so that, while theKreiseoffice contained all, or most of the offices in theGau(such as the deputy, the staff office leader, an organization leader, school leader, propaganda leader, press office leader, treasurer, judge of the Party Court, inspector, and the like), theOrtsgruppehad less and theZellenandBlockefewer still.
(2)Kreisleiter(County Leaders). TheKreisleiterwas appointed and dismissed by Hitler upon the nomination of theGauleiterand directly subordinate to theGauleiterin the Party hierarchy. TheKreisusually comprised a single county. TheKreisleiter, within theKreis, had in general the same position, powers, and prerogatives granted theGauleiterin theGau. In cities they constituted the very core of Party power and organization. According to theOrganization Book of the NSDAP:
“TheKreisleitercarries over-all responsibility towards theGauleiterwithin his zone of sovereignty for the political and ideological training and organization of the Political Leaders, the Party members, as well as the population.” (1893-PS)
“TheKreisleitercarries over-all responsibility towards theGauleiterwithin his zone of sovereignty for the political and ideological training and organization of the Political Leaders, the Party members, as well as the population.” (1893-PS)
(3)Ortsgruppenleiter(Local Chapter Leaders). The area of theOrtsgruppenleitercomprised one or more communes or, in a town, a certain district. TheOrtsgruppewas composed of a combination of blocks and cells and, according to local circumstances, contained up to 1500 households. TheOrtsgruppenleiteralso had a staff of office leaders to assist him in the various functional activities of the Party. All other political leaders in his area of responsibility were subordinate to and under the direction of theOrtsgruppenleiter. For example, the leaders of the various affiliated organizations of the Party, within his area, such as the German Labor Front, and the Nazi organizations for lawyers, students, and civil servants, were all subordinate to theOrtsgruppenleiter. In accordance with the Fuehrer principle, theOrtsgruppenleiteror Local Chapter Leaders were appointed by theGauleiterand were directly under and subordinate to theKreisleiter.
The party Manual provides as follows with respect to theOrtsgruppenleiter:
“AsHoheitstraeger[Bearer of Sovereignty] all expressions of the Party will emanate from theOrtsgruppenleiter; he is responsible for the political and ideological leadership and organization within his zone of sovereignty.“TheOrtsgruppenleitercarries the over-all responsibility for the political results of all measures initiated by the offices, organizations, and affiliated associations of the Party. * * * TheOrtsgruppenleiterhas the right to protest to theKreisleiteragainst any measures contrary to the interests of the Party with regard to an outside political appearance in public.” (1893-PS)
“AsHoheitstraeger[Bearer of Sovereignty] all expressions of the Party will emanate from theOrtsgruppenleiter; he is responsible for the political and ideological leadership and organization within his zone of sovereignty.
“TheOrtsgruppenleitercarries the over-all responsibility for the political results of all measures initiated by the offices, organizations, and affiliated associations of the Party. * * * TheOrtsgruppenleiterhas the right to protest to theKreisleiteragainst any measures contrary to the interests of the Party with regard to an outside political appearance in public.” (1893-PS)
(4)Zellenleiter(Cell Leaders). TheZellenleiterwas responsible for four to eight blocks. He was the immediate superior of and had control and supervision over theBlockleiter(Block Leader). His mission and duties, according to the Party Manual, corresponded to the missions of theBlockleiter. (1893-PS)
(5)Blockleiter(Block Leaders). TheBlockleiterwas the one Party official who was peculiarly in a position to have continuous contact with the German people. Theblockwas the lowest unit in the Party pyramidal organization. Theblockof the Party comprised 40 to 60 households and was regarded by the Party as the focal point upon which to press the weight of its propaganda. TheOrganization Book of the NSDAPstates:
“The household is the basic community upon which the block and cell system is built. The household is the organizational focal point of all Germans united in an apartment and includes roomers, domestic help, etc. * * * TheBlockleiterhas jurisdiction over all matters within his zone relating to the Movement and is fully responsible to theZellenleiter. * * *” (1893-PS)
“The household is the basic community upon which the block and cell system is built. The household is the organizational focal point of all Germans united in an apartment and includes roomers, domestic help, etc. * * * TheBlockleiterhas jurisdiction over all matters within his zone relating to the Movement and is fully responsible to theZellenleiter. * * *” (1893-PS)
TheBlockleiter, as in the case of other political leaders, was charged with planning, disseminating, and developing a receptivity to the policies of the Nazi Party among the population in his area of responsibility. It was also the expressed duty of theBlockleiterto spy on the population. According to the Party Manual:
“It is the duty of theBlockleiterto find people disseminating damaging rumors and to report them to theOrtsgruppeso that they may be reported to the respective State authorities.“TheBlockleitermust not only be preacher and defender of the National Socialist ideology towards the members of nation and Party entrusted to his political care, but he must also strive to achieve practical collaboration of the Party members within his block zone * * *.”“TheBlockleitershall continuously remind the Party members of their particular duties towards the people and the State * * * TheBlockleiterkeeps a list (card file) about the households * * * In principle, theBlockleiterwill settle his official business verbally and he will receive messages verbally and pass them on in the same way. Correspondence will only be used in cases of absolute necessity * * * TheBlockleiterconducts National Socialist propaganda from mouth to mouth. He will eventually awaken the understanding of the eternally dissatisfied as regards the frequently misunderstood or wrongly interpreted measures and laws of the National Socialist Government * * * It is not necessary to him to fall in with complaints and gripes about possibly obvious shortcomings of any kind in order to demonstrate * * * solidarity * * * A condition to gain the confidence of all people is to maintain absolute secrecy in all matters.” (1893-PS)
“It is the duty of theBlockleiterto find people disseminating damaging rumors and to report them to theOrtsgruppeso that they may be reported to the respective State authorities.
“TheBlockleitermust not only be preacher and defender of the National Socialist ideology towards the members of nation and Party entrusted to his political care, but he must also strive to achieve practical collaboration of the Party members within his block zone * * *.”
“TheBlockleitershall continuously remind the Party members of their particular duties towards the people and the State * * * TheBlockleiterkeeps a list (card file) about the households * * * In principle, theBlockleiterwill settle his official business verbally and he will receive messages verbally and pass them on in the same way. Correspondence will only be used in cases of absolute necessity * * * TheBlockleiterconducts National Socialist propaganda from mouth to mouth. He will eventually awaken the understanding of the eternally dissatisfied as regards the frequently misunderstood or wrongly interpreted measures and laws of the National Socialist Government * * * It is not necessary to him to fall in with complaints and gripes about possibly obvious shortcomings of any kind in order to demonstrate * * * solidarity * * * A condition to gain the confidence of all people is to maintain absolute secrecy in all matters.” (1893-PS)
There were in Germany around a half million of theseBlockleiter. Large though this figure may appear, there can be no doubt that these officials were in and of the Leadership Corps of the Nazi Party. Though they stood at the broad base of the Party pyramid rather than at its summit, where rested theReichsleiter, by virtue of this fact they were stationed at close intervals throughout the German civil population. It may be doubted that the average German ever looked upon the face of Heinrich Himmler. But the man in the street in Nazi Germany could not have avoided an uneasy acquaintance with theBlockleiterin his neighbourhood. It was the block leaders who represented to the people of Germany the police-state of Hitler’s Germany. In fact, theBlockleiterwere little fuehrers with real power over the civilians in their domains. The authority of theBlockleiterto exercise coercion and the threat of force upon the civil population is shown in an excerpt from page 7 of the magazine published by the Chief Education Office of the Party, entitled “The Face of the Party”:
“Advice and sometimes also the harsher form of education is employed if the faulty conduct of an individual harms this individual himself and thus also the community.”
“Advice and sometimes also the harsher form of education is employed if the faulty conduct of an individual harms this individual himself and thus also the community.”
(6)Hoheitstraeger.Within the Leadership Corps of the Nazi Party certain of the Political Leaders possessed a higher degree of responsibility than others, were vested with special prerogatives, and constituted a distinctive and elite group. These were the so-called “Hoheitstraeger” (Bearers of Sovereignty) who represented the Party within their area of jurisdiction, the so-calledHoheitsgebiet. The Party Manual (1893-PS) states as follows:
“Among the Political Leaders, theHoheitstraegerassumed a special position. Contrary to the other Political Leaders who have departmental missions, theHoheitstraegerthemselves are in charge of a geographical sector known as theHoheitsgebiet[Sectors of Sovereignty].“Hoheitstraegerare:“TheFuehrerTheGauleiterTheKreisleiterTheOrtsgruppenleiterTheZellenleiterTheBlockleiter.“Hoheitsgebietare:“TheReichTheGauTheKreisTheOrtsgruppeTheZelleTheBlock.“Within their sector of sovereignty theHoheitstraegerhave sovereign political rights. They represent the Party within their sector. TheHoheitstraegersupervise all Party Officers within their jurisdiction and * * * are responsible for the maintenance of discipline. * * * The directors of offices, etc., and of the affiliated organizations are responsible to their respectiveHoheitstraegeras regards their special missions. * * * TheHoheitstraegerare superior to all Political Leaders, managers, etc., within their sector. As regards personal considerations,Hoheitstraeger* * * are endowed with special rights.“TheHoheitstraegerof the Party are not to be administrative officials * * * but are to move in a continuous vital contact with the Political Leaders of the population within theirsector. TheHoheitstraegerare responsible for the proper and good supervision of all members of the nation within their sectors * * *.“The Party intends to achieve a state of affairs in which the individual German will find his way to the Party * * *.” (1893-PS)
“Among the Political Leaders, theHoheitstraegerassumed a special position. Contrary to the other Political Leaders who have departmental missions, theHoheitstraegerthemselves are in charge of a geographical sector known as theHoheitsgebiet[Sectors of Sovereignty].
“Hoheitstraegerare:“TheFuehrerTheGauleiterTheKreisleiterTheOrtsgruppenleiterTheZellenleiterTheBlockleiter.“Hoheitsgebietare:“TheReichTheGauTheKreisTheOrtsgruppeTheZelleTheBlock.
“Hoheitstraegerare:
“TheFuehrer
TheGauleiter
TheKreisleiter
TheOrtsgruppenleiter
TheZellenleiter
TheBlockleiter.
“Hoheitsgebietare:
“TheReich
TheGau
TheKreis
TheOrtsgruppe
TheZelle
TheBlock.
“Within their sector of sovereignty theHoheitstraegerhave sovereign political rights. They represent the Party within their sector. TheHoheitstraegersupervise all Party Officers within their jurisdiction and * * * are responsible for the maintenance of discipline. * * * The directors of offices, etc., and of the affiliated organizations are responsible to their respectiveHoheitstraegeras regards their special missions. * * * TheHoheitstraegerare superior to all Political Leaders, managers, etc., within their sector. As regards personal considerations,Hoheitstraeger* * * are endowed with special rights.
“TheHoheitstraegerof the Party are not to be administrative officials * * * but are to move in a continuous vital contact with the Political Leaders of the population within theirsector. TheHoheitstraegerare responsible for the proper and good supervision of all members of the nation within their sectors * * *.
“The Party intends to achieve a state of affairs in which the individual German will find his way to the Party * * *.” (1893-PS)
The distinctive character of thePolitischer Leiter(Political Leaders) constituting theHoheitstraeger, and their existence and operation as an identifiable group, are indicated by the publication of a magazine, entitledDer Hoheitstraeger, whose distribution was limited by regulation of the Reich Organization Leader to theHoheitstraegerand certain other designatedPolitischer Leiter. The inside cover of this exclusive Party magazine reads as follows:
“DER HOHEITSTRAEGER, the contents of which is to be handled confidentially, serves only for the orientation of the competent leaders. It may not be loaned out to other persons * * *” [then follows a list of the Hoheitstraeger and other Political Leaders authorized to receive the magazine.] (2660-PS)
“DER HOHEITSTRAEGER, the contents of which is to be handled confidentially, serves only for the orientation of the competent leaders. It may not be loaned out to other persons * * *” [then follows a list of the Hoheitstraeger and other Political Leaders authorized to receive the magazine.] (2660-PS)
The magazine states that, in addition, the following were entitled to receive it:
“Commandants, Unit Commanders and Candidates of Order Castles; the Reich, Shock Troop andGaueSpeakers of the NSDAP; the Lieutenant Generals and Major Generals of SA, SS, NSFK, and NSKK; Lieutenant Generals and Major Generals of the HJ.” (2660-PS)
“Commandants, Unit Commanders and Candidates of Order Castles; the Reich, Shock Troop andGaueSpeakers of the NSDAP; the Lieutenant Generals and Major Generals of SA, SS, NSFK, and NSKK; Lieutenant Generals and Major Generals of the HJ.” (2660-PS)
The fact that this magazine existed, that it derived its name from the Commanding Officers of the Leadership Corps, that it was distributed to the elite of the Leadership Corps—that a House Bulletin was circulated down the command channels of the Leadership Corps—demonstrates that the Leadership Corps of the Nazi Party was an identifiable group or organization within the meaning of Article 9 of the Charter.
An examination of the contents of the magazineDer Hoheitstragerreveals a continuing concern by the Leadership Corps of the Nazi Party in measures and doctrines which were employed throughout the course of the conspiracy. The plans and policies of the inner elite of the Leadership Corps gain clarity through a random sampling of articles published and policies advocated in various issues of the magazineDer Hoheitstrager. From February 1937 to October 1938 these included the following: anti-Semitic articles, attacks on Catholicism and the Christianreligion and clergy; the need for motorized armament; the urgent need for expandedLebensraumand colonies; persistent attacks on the League of Nations; the use of the Block and Cell in achieving favorable votes in Party plebiscites; the intimate association between theWehrmachtand the Political Leadership; the racial doctrines of Fascism; the cult of “leadership”; the role of theGaue,Ortsgruppen, andZellenin the expansion of Germany; and related matters.
(a)Organization of Political Leaders.The Political Leaders were organized according to the leadership principle (1893-PS):
“The basis of the Party organization is the Fuehrer thought. The public is unable to rule itself either directly or indirectly * * * All Political Leaders stand as appointed by the Fuehrer and are responsible to him. They possess full authority toward the lower echelons * * * Only a man who has absorbed the school of subordinate functions within the Party has a claim to the higher Fuehrer offices. We can only use Fuehrers who have served from the ground up. Any Political Leader who does not conform to these principles is to be dismissed or to be sent back to the lower offices, asBlockleiter,Zellenleiterfor further training * * *“The Political Leader is not an office worker but the Political Deputy of the Fuehrer * * * Within the Political Leadership, we are building the Political Leadership of the state * * * The type of the Political Leader is not characterized by the office which he represents. There is no such thing as a Political Leader of the NSBO, etc., but there is only the Political Leader of the NSDAP.” (1893-PS)
“The basis of the Party organization is the Fuehrer thought. The public is unable to rule itself either directly or indirectly * * * All Political Leaders stand as appointed by the Fuehrer and are responsible to him. They possess full authority toward the lower echelons * * * Only a man who has absorbed the school of subordinate functions within the Party has a claim to the higher Fuehrer offices. We can only use Fuehrers who have served from the ground up. Any Political Leader who does not conform to these principles is to be dismissed or to be sent back to the lower offices, asBlockleiter,Zellenleiterfor further training * * *
“The Political Leader is not an office worker but the Political Deputy of the Fuehrer * * * Within the Political Leadership, we are building the Political Leadership of the state * * * The type of the Political Leader is not characterized by the office which he represents. There is no such thing as a Political Leader of the NSBO, etc., but there is only the Political Leader of the NSDAP.” (1893-PS)
Each Political Leader was sworn in yearly. According to the Party Manual (1893-PS), the wording of the oath was as follows:
“I pledge eternal allegiance to Adolf Hitler. I pledge unconditional obedience to him and the Fuehrers appointed by him.” (1893-PS)
“I pledge eternal allegiance to Adolf Hitler. I pledge unconditional obedience to him and the Fuehrers appointed by him.” (1893-PS)
The Organization Book of the NSDAP also 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)
“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)
(b)Appointment of Political Leaders.The appointment of the political leaders constituting the Leadership Corps of the Nazi Party proceeded as follows, according to the Party Manual:
“The Fuehrer appointed the following Political Leaders:“a. AllReichsleiterand all Political Leaders within theReichsleitung[Reich Party Directorate], including women’s leaders.“b. AllGauleiter, including the Political Leaders holding offices in theGauleitung[Gau Party Directorate], includingGauwomen leaders.“c. AllKreisleiter.“TheGauleiterappointed:“a. The Political Leaders and women’s leaders within theGauParty Directorate.“b. The Political Leaders and directors of women’s leagues in theKreisParty Directorate.“c. AllOrtsgruppenleiter.“TheKreisleiterappoints the Political Leaders and the Directors of the Women’s Leagues of theOrtsgruppenincluding the Block and Cell Leaders.” (1893-PS)
“The Fuehrer appointed the following Political Leaders:
“a. AllReichsleiterand all Political Leaders within theReichsleitung[Reich Party Directorate], including women’s leaders.
“b. AllGauleiter, including the Political Leaders holding offices in theGauleitung[Gau Party Directorate], includingGauwomen leaders.
“c. AllKreisleiter.
“TheGauleiterappointed:
“a. The Political Leaders and women’s leaders within theGauParty Directorate.
“b. The Political Leaders and directors of women’s leagues in theKreisParty Directorate.
“c. AllOrtsgruppenleiter.
“TheKreisleiterappoints the Political Leaders and the Directors of the Women’s Leagues of theOrtsgruppenincluding the Block and Cell Leaders.” (1893-PS)
c.Powerof Hoheitstraeger to Call Upon Party Formations. TheHoheitstraegeramong the Leadership Corps were entitled to call upon and utilize the various Party Formations as necessary for the execution of Nazi Party policies.
The Party Manual makes it clear that theHoheitstragerhas power and authority to requisition the services of the SA:
“TheHoheitstrageris responsible for the entire political appearance of the Movement within his zone. The SA leader of that zone is tied to the directives of theHoheitstragerin that respect.“TheHoheitstrageris the ranking representative of the Party to include all organizations within his zone. He may requisition the SA located within his zone from the respective SA leader if they are needed for the execution of a political mission. TheHoheitstragerwill then assign the mission to the SA * * *“Should theHoheitstragerneed more SA for the execution of political mission than is locally available, he then applies to the next higher office of sovereignty which, in turn, requests the SA from the SA office in his sector.” (1893-PS)
“TheHoheitstrageris responsible for the entire political appearance of the Movement within his zone. The SA leader of that zone is tied to the directives of theHoheitstragerin that respect.
“TheHoheitstrageris the ranking representative of the Party to include all organizations within his zone. He may requisition the SA located within his zone from the respective SA leader if they are needed for the execution of a political mission. TheHoheitstragerwill then assign the mission to the SA * * *
“Should theHoheitstragerneed more SA for the execution of political mission than is locally available, he then applies to the next higher office of sovereignty which, in turn, requests the SA from the SA office in his sector.” (1893-PS)
TheHoheitstrageralso had the same authority to call upon the services of the SS and NSKK (1893-PS).
TheHoheitstragerfurther, had authority to call upon the services of the Hitler Youth (HJ):
“The Political Leader has the right to requisition the HJ in the same manner as the SA for the execution of a political action.“In appointing leaders of the HJ and the DJ, the office of theHJ must procure the approval of theHoheitstragerof his zone. This means that theHoheitstragercan prevent the appointment of leaders unsuited for the leadership of youth. If his approval has not been procured, an appointment may be cancelled if he so requests.” (1893-PS)
“The Political Leader has the right to requisition the HJ in the same manner as the SA for the execution of a political action.
“In appointing leaders of the HJ and the DJ, the office of theHJ must procure the approval of theHoheitstragerof his zone. This means that theHoheitstragercan prevent the appointment of leaders unsuited for the leadership of youth. If his approval has not been procured, an appointment may be cancelled if he so requests.” (1893-PS)
An example of the use of the Party Formations at the call of the Leadership Corps of the Party is provided by the action taken by theReichsleiterfor Party Organization of the NSDAP, Dr. Robert Ley, leading to the deliberate dissolution of the Free Trade Unions on 2 May 1933. A directive issued byReichsleiterLey on 21 April 1933 (392-PS) ordered the employment of the SA and the SS in occupying trade union properties and in taking trade union leaders into protective custody:
“* * * SA as well as SS are to be employed for the occupation of trade union properties and for the taking of personalities who come into question into protective custody.“TheGauleiter(i.e. Regional Director) is to proceed with his measures on a basis of the closest understanding with competent Regional Factory Cells Director. * * ** * * * * *“The following are to be taken into protective custody:“All Trade Union Chairmen; the District Secretaries and the Branch Directors of the ‘Bank for Workers, Employees and Officials, Inc.’ ” (392-PS)
“* * * SA as well as SS are to be employed for the occupation of trade union properties and for the taking of personalities who come into question into protective custody.
“TheGauleiter(i.e. Regional Director) is to proceed with his measures on a basis of the closest understanding with competent Regional Factory Cells Director. * * *
* * * * * *
“The following are to be taken into protective custody:
“All Trade Union Chairmen; the District Secretaries and the Branch Directors of the ‘Bank for Workers, Employees and Officials, Inc.’ ” (392-PS)
A decree issued by Hess as Deputy of the Fuehrer, dated 25 October 1934, underwrites the authority of theHoheitstragerwith respect to the Party Formations: