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COL. STOREY: If the Tribunal please, the remainder of the presentation during the week will be concerning the criminal organizations. The first to be presented now is the Leadership Corps, including some of the illustrative crimes against the churches, against the Jews, against the trade unions, and the operation of the “Einsatzstab Rosenberg” concerning the looting of art treasures.

On the threshold of presenting the proof establishing the criminality of the Leadership Corps of the Nazi Party it is in point to restate the Prosecution’s theory of this case. It is this: The Nazi Party was the central core of the Common Plan or Conspiracy alleged in Count One of the Indictment, a conspiracy which contemplated and embraced the commission of Crimes against the Peace, War Crimes, and Crimes against Humanity as defined and denounced by the Charter.

The Leadership Corps, upon the evidence, was responsible for planning, directing, and supervising the criminal measures carried into execution by the Nazi Party in furtherance of the conspiracy. More than this, as 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 offered this Tribunal, the Leadership Corps may be fairly described as the brain, the backbone, and the directive arms of the Nazi Party. Its responsibilities are more massive and comprehensive than those of the army of followers it led and directed in the assault against the peace-loving peoples of the world. Accordingly, upon the record made in this case and now to be enlarged upon, the Prosecution requests this Tribunal to declare that the Leadership Corps of the Nazi Party is a criminal group or organization in accordance with Article 9 of the Charter.

At this time I should like to submit to the Tribunal the document book supporting the brief as Exhibit USA-V.

If Your Honors please—diverting from the manuscript—during the recess there was placed upon your bench the document book, which has each document marked by tab and each quoted portion embraced by red pencil marks for the assistance of Your Honors. In addition, we have handed up two documents that have already been introduced in evidence: An enlarged copy of this chart, more detailed, which Your Honors have before you, and another chart, in photostatic form, with reference to the Leadership Corps; and both of those will be identified later.

I now proceed to present the proof relating to the composition, the functions, and the responsibilities and powers of the Leadership Corps of the Nazi Party. First, what was the Leadership Corps . . .

DR. ROBERT SERVATIUS (Counsel for the Leadership Corps of the Nazi Party): After the last meeting I received a statement by Justice Jackson with the proposal concerning the taking of evidence and the time for the discussion of certain questions which will arise. I cannot understand the scope of these proposals, and must therefore ask that I may at some time speak about these points again, if it is necessary.

THE PRESIDENT: Of course, counsel will have the opportunity of making a full argument in answer to the argument presented on behalf of the Prosecution.

What I understood from Mr. Justice Jackson on Friday was that he proposed that the evidence on the question of criminal organizations should be presented first, and the argument presented afterwards.

Counsel for the organizations will, as I stated this morning, have the opportunity of calling evidence in answer to the evidence of the Prosecution, and will also have the opportunity of making whatever argument they think right in answer to the evidence and argument presented on behalf of the Prosecution.

COL. STOREY: First, what was the Leadership Corps of the Nazi Party? What persons made up its membership? What was its size and scope?

In considering the composition and organizational structure of the Leadership Corps it will be convenient for the Tribunal to refer to Document Number 2903-PS, which is this exhibit on the wall and which was introduced by Mr. Albrecht at the opening of the Trial. And, supplementing the chart on the wall, I now offer in evidence Document 2833-PS, Exhibit Number USA-22, which is 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 The Face of the Party. It is this little photostatic copy that you have. Later on we expect to put the big one on the wall.

These charts and the evidence to follow show that the Leadership Corps constituted the sum total of the officials of the Nazi Party. It included the Führer at the top; the Reichsleiter, on the horizontal line; the Reich officeholders, immediately below—the five categories of leaders who were area commanders, called the “Hoheitsträger” or “bearers of sovereignty.” They are in the red-lettered or red-lined boxes at the bottom. They range all the way from the 40-odd Gauleiter in charge of large districts, down through the intermediate political leaders, the Kreisleiter, the Ortsgruppenleiter, the Zellenleiter, and finally, to the Blockleiter who were charged with looking after 40 to 60 households and what may be best described as staff officers attached to each of the five levels of the Hoheitsträger.

Organized upon a hierarchical basis, forming a pyramidal structure—as appears from the chart which Your Honors hold in your hands—the principal political leaders on a scale of descending authority were:

The Führer, at the top; the Reichsleiter, as I have mentioned, and the main office and officeholders; the Gauleiter, who was the district leader, with his staff officers; the Kreisleiter, who was the county leader, and his staff officers; the Ortsgruppenleiter, the local chapter leader, and his staff officers; the Zellenleiter, who was the cell leader, and his staff officers; and then, finally, the Blockleiter, with his staff officers.

I now offer in evidence Document 1893-PS. This is Exhibit Number USA-323. And this, if Your Honors please, is the Organization Book of the NSDAP, the National Socialist Party. It was edited by the Defendant, Reich Organization Leader of the NSDAP—the late Defendant—Dr. Robert Ley, and it is the 1943 edition. A large part of the evidence to be offered relating to the composition of the Leadership Corps of the Nazi Party will be drawn from this primer of the Nazi organizations, and I shall later quote from it. And without so requesting the Tribunal each time to take judicial notice, I shall assume, in the absence of questions, that it is so understood. The English translation, to which we will refer, is Document 1893-PS.

I now proceed to offer evidence on the make-up and powers of the Reichsleitung or the Leadership Corps, which consisted of the Reichsleiter or Reich Leaders of the Nazi Party—and they are shown on that long horizontal list at the top of the chart—the Hauptämter (main offices), and the Ämter, or officeholders.

The Reichsleiter of the Party were annexed to Hitler, the highest officeholders in the Party hierarchy. All of the Reichsleiter in the main office and officeholders within the Reichsleitung were appointed by Hitler and directly responsible to him.

I quote from the first paragraph of Page 4, Document 1893-PS:

“1. The Führer appoints the following political directors:

“(a) Reichsleiter and all political directors, to include the directors of the Womens Leagues, within the Reich Directorate (Reichsleitung).”

The significant fact to be grasped is that through the Reichsleitung perfect co-ordination of the Party and State machinery was guaranteed. The Party manual puts it this way—and I quote from the fourth sentence of the third paragraph of Page 20 of that document. You will find the page number at the bottom, Page 20. It is a very short quotation. I quote: “In the Reichsleitung the arteries of the organization of the German people and of the German State merge.”

If Your Honors please, there is a little different translation in that portion in your book. To prove . . .

THE PRESIDENT: Just a moment, please. It begins, “It is in the Reich Directorate where the strings of the organization of the German people and of the German State merge.” Is that it?

COL. STOREY: Yes, Sir, that is it. This translation says, “the arteries of the organization of the German people and of the German State merge.”

To prove that the Reichsleiter of the Leadership Corps included the most powerful coalition of political overlords in Nazi Germany, it is necessary only to put in evidence their names. The list of Reichsleiter now to be offered in evidence will include the following defendants now on trial before this Tribunal: Rosenberg, Von Schirach, Frick, Bormann, Hans Frank, and the late Defendant Robert Ley.

The evidence to be introduced will show that the Defendant Rosenberg was the leader of an organization named for him, the “Einsatzstab Rosenberg”—which is not shown on this chart, if Your Honor please—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 Führer 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 discredited cult of the racial state. It will further 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 that before destroying himself he first destroyed the bastion of republican society, a free and independent labor movement, replacing it by a Nazi organization, the German Labor Front, or the DAF, and employed this organization 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 the Defendant Frick participated in the enactment of many laws which were designed to promote the conspiracy in its several phases.

The Defendant 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 which was violative of the rights of humanity, such as the Nazi discriminatory legislation designed to degrade, stigmatize, and eliminate the Jewish people of Germany and German-occupied Europe.

Though the Defendant Bormann is physically absent from the dock, the evidence as to his responsibility in directing and furthering the course of the Nazi conspiracy is here and expands with the record in this case. As Chief of the Party Chancellery, right under Hitler, the Defendant Bormann was an extremely important force in directing the activities of the Leadership Corps. As will be shown, a decree of January 16, 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.

I now refer to Document 2473-PS, Exhibit Number USA-324. You will find that the English translation contains a list of the Reichsleiter of the NSDAP set forth on Page 170 of this book. It was edited by the late Defendant and Reichsleiter for Party Organization, Robert Ley. The names of the 15 Reichsleiter in office in 1943 will be found on Pages 1 and 2 of Document 2473-PS.

If the Tribunal please, I will not read all of them but will call attention only to certain of them, as follows:

Martin Bormann, Chief of the Party Chancellery; then we skip over to Wilhelm Frick, Leader of the National Socialist faction in the Reichstag, shown on the big chart over at the second box from the end on the right; Joseph Goebbels, Reich Propaganda Leader of the NSDAP, shown also on the same level; Heinrich Himmler, Reich Leader of the SS, the Deputy of the NSDAP for all questions of Germandom; Robert Ley, Reich Organization Leader of the NSDAP and Leader of the German Labor Front; Victor Lutze, Chief of Staff of the SA; Alfred Rosenberg, representative of the Führer for the supervision of all mental and ideological training and education of the NSDAP; Baldur von Schirach, Reich Leader for the education of the youth of the National Socialist Party; and then, finally, Franz Schwarz, Reich Treasurer of the National Socialist Party.

The principal functions of the Reichsleiter, which we might call directors, included the responsibility of carrying out the tasks and missions assigned to them by the Führer or by the Chief of the Party Chancellery, the Defendant Martin Bormann. The Reichsleiter were further charged with insuring that Party policies were being executed in all the subordinate areas of the Reich. They were also responsible for insuring a continual flow of new leadership into the Party.

With respect to the function and the responsibilities of the Reichsleiter I now quote from Page 20 of Document Number 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 Führer. Based on his directive 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”—or Reichsleitung—“that the arteries of the organization of the German people and 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 of its energy . . . .

“It is the supreme task of the Reich Organization Leader to preserve the Party as a well-sharpened sword for the Führer.”

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 the Reichsleitung of the Leadership Corps and the Reich offices of the German Government. In this decree it was expressly provided that, “. . . . the supreme offices of the Reich Party Directorate are equal in rank to the supreme Reich Government authorities”. The Party Manual termed the control exercised over the machinery of the Government by the Leadership Corps, “the permeation of the state apparatus with the political will of the Party”.

At a later stage in this proceeding it will be shown that the Leadership Corps of the Nazi Party incontestably dominated the German State and Government. The control by the Leadership Corps of the German Government was facilitated by uniting in the same Nazi chieftains both high offices within the Reichsleitung and the corresponding offices within the apparatus of the Government. For example, as shown in Document 2903-PS, Goebbels was Reichsleiter in charge of Party propaganda, but he was also a cabinet minister in charge of propaganda and public enlightenment.

Himmler held office within the Reichsleitung as head of the Main Office for Folkdom and also was Reichsführer of the SS. At the same time, Himmler held the governmental position of the Reich commissioner for the consolidation of Germandom, and was the governmental head of the German police system.

As will be shown, this personal union of high office in the Leadership Corps and high governmental position in the same Nazi leaders greatly accommodated the plan of the Leadership Corps to dominate and control the German State and Government.

In addition to the Reichsleiter the Party Directorate included about 11 Hauptämter, or main offices, and about four Ämter, or offices. As set forth in the exhibit, the Hauptämter of the Party included such main organizations as those for personnel, training, technology, headed by the Defendant Speer; folkdom, headed by Himmler; civil servants, communal policy, and the like. The Ämter, or offices, of the Party within the Reichsleitung included the office for foreign policy under the Defendant Rosenberg which, the evidence will show, actively participated in plans for the launching of the war of aggression against Norway, the Office for Colonial Policy, the Office for Genealogy, and the Office of Racial Policy.

As will be shown by the chart of the Leadership Corps in the folder which Your Honors have, certain of the main offices and offices within the Reichsleitung would appear again within the Gauleitung, or Gau Party Directorate, and the Kreisleitung, or Party county directorate. It is thus shown that the Reichsleiter and the main office and officeholders within the Reichsleitung exercised, through functional channels through the subordinate offices on lower regional levels, a total control over the various sectors of the national life of Germany.

I shall next take up the Gauleiter. As will be seen from this organizational chart of the Nazi Party now before the Tribunal as Exhibit Number USA-2, for Party purposes Germany was divided into major administrative regions, Gau, which in turn were subdivided into Kreise (counties), Ortsgruppen (local chapters), Zellen (cells), and in Blocks (blocks). A Gauleiter, who was the political leader of the Gau, was in charge of each Gau or district. Each Gauleiter was appointed by and was directly responsible to Hitler. I quote from Page 18 of this same document, 1893-PS, the Organization Book of the NSDAP:

“The Gau represents the concentration of a number of Party counties”—or Kreise—“The Gauleiter is directly subordinate to the Führer. . . .”

“The Gauleiter bears over-all responsibility to the Führer for the sector of sovereignty entrusted to him. The rights, duties, and jurisdiction of the Gauleiter result primarily from the mission assigned by the Führer, and apart from that, from detailed directives.”

The responsibility and function of the Gauleiter and his staff officers or officeholders were essentially political, namely, to insure the authority of the Nazi Party within his area, to co-ordinate the activities of the Party and all its affiliated and supervised organizations, and to enlarge the influence of the Party over the people and life in his Gau generally. Following the outbreak of the war, when it became imperative to co-ordinate the various phases of the German war effort, the Gauleiter were given additional important responsibilities. The Ministerial Council for the Defense of the Reich, which was a sort of general staff for civilian defense and the mobilization of the German war economy, by a decree of 1 September 1939, 1939 Reichsgesetzblatt, Part I, page 1565, appointed about 16 Gauleiter as Reich Defense Commissars, concerning which I ask the Tribunal to take judicial notice. Later, under the impact of mounting military reverses and an increasingly strained war economy, more and more important administrative functions were put on a Gau basis. The Party Gaue became the basic defense areas of the Reich, and each Gauleiter became a Reich Defense Commissar by a decree of the Ministerial Council for the Defense of the Reich of 16 November 1942, 1942 Reichsgesetzblatt, Part I, page 649, of which I ask the Tribunal to take judicial notice. In the course of the war additional functions were entrusted to the Gauleiter, so that at the end, with the exception of certain special matters such as police affairs, almost all phases of the German war economy were co-ordinated and supervised by them. For instance, regional authority over price control was put under the Gauleiter as Reich Defense Commissars, and housing administration was placed under the Gauleiter as Gau Housing Commissars. Toward the end of the war the Gauleiter were charged even with the military and quasi-military tasks. They were made commanders of the Volkssturm in 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 Party Gaue were substantially repeated in the lower levels of the Reich Party organization such as the Kreise, Ortsgruppen, Zellen, and Blocks. Each of these was headed by a political leader who, subject to the Führer principle and the orders of superior political leaders, was a 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 as the Kreise, Ortsgruppen, and so on, was organized into offices, or Ämter, dealing 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 the Kreis office contained all or almost all of the offices in the Gau (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), the Ortsgruppe had less, and the Zellen and Blocks still fewer.

The Kreisleiter was appointed and dismissed by Hitler upon the nomination of the Gauleiter and directly subordinate to the Gauleiter in the Party hierarchy. The Kreis usually consisted of a single county. The Kreisleiter, within the Kreis, had in general the same position, powers, and prerogatives granted the Gauleiter in the Gau. In cities they constituted the very core of Party power and organization. I quote again from Page 17 of Document 1893-PS, Page 17 of the English translation:

“The Kreisleiter carries over-all responsibility towards the Gauleiter within his zone of sovereignty for the political and ideological training and organization of the Political Leaders, the Party members, as well as the population”.

The Ortsgruppenleiter was the local chapter leader. The area of the Ortsgruppenleiter was comprised of one or more communes, or, in a town, a certain district. The Ortsgruppe was composed of a combination of blocks and cells according to local circumstances, and contained up to 1,500 households. The Ortsgruppenleiter also 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 the Ortsgruppenleiter. 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 the Ortsgruppenleiter. In accordance with the Führerprinzip, the Ortsgruppenleiter, or local chapter leaders, were appointed by the Gauleiter and were directly under and subordinate to the Kreisleiter.

The Party manual provides as follows with reference to the Ortsgruppenleiter, and I quote from Pages 16 and 17 of Document 1893-PS:

“As Hoheitsträger”—bearer of sovereignty—“he is competent for all expressions of the Party will; he is responsible for the political and ideological leadership and organization within his zone of sovereignty.

“The Ortsgruppenleiter carries the over-all responsibility for the political results of all measures initiated by the offices, organizations, and affiliated association of the Party. . . .

“The Ortsgruppenleiter has the right to protest to the Kreisleiter against any measures contrary to the interests of the Party with regard to a united political appearance in public.”

The Zellenleiter was responsible for from four to eight blocks. He was the immediate superior of, and had control and supervision over, the Blockleiter. His mission and duties, according to the Party manual, corresponded to the missions of the Blockleiter. I quote from the last paragraph of Page 15, just one line of that same document: “The missions of the cell-leader correspond to the missions of the block-leader.”

The Blockleiter was the one Party official who was peculiarly in a position to have continuous contact with the German people. The block was the lowest unit in the Party pyramidal organization. The block of 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. I quote from Pages 13 and 14 of this same document:

“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, et cetera. . . . The Blockleiter has jurisdiction over all matters within his zone relating to the Movement, and is fully responsible to the Zellenleiter.”

The Blockleiter, 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 the Blockleiter to spy on the population. I quote from Pages 14 and 15 of this same document:

“It is the duty of the Blockleiter to find people disseminating damaging rumors and to report them to the Ortsgruppe, so that they may be reported to the respective State authorities.

“The Blockleiter must not only be a preacher and defender of the National Socialist ideology towards the member of the 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. . . .

“The Blockleiter shall continuously remind the Party members of their particular duties towards the people and the state. The Blockleiter keeps a list (card file) about the households. . . . In principle, the Blockleiter will 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. . . . The Blockleiter conducts 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 for 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.”

It will be shown that there were in Germany nearly half a million Blockleiter. 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 the Reichsleiter, by virtue of this fact they were stationed at close intervals throughout the German civil population.

THE PRESIDENT: I think, Colonel Storey, it would be an assistance to the Tribunal if you could tell us, that is, at some time convenient to yourself, approximately how many there were of each of these ranks in the corps.

COL. STOREY: If Your Honor please, that is the next subject.

THE PRESIDENT: Very well.

COL. STOREY: 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 the Blockleiter in his own neighborhood. As it is the “cop on the beat” rather than the chief magistrate of the nation who symbolizes law enforcement to the average man and woman, so it was the Blockleiter who represented to the people of Germany the police state of Hitler’s Germany. In fact, as may be inferred from the evidence, the Blockleiter were “little Führers” with real and literal power over the civilians in their domains. As proof of the authority of the Blockleiter to exercise coercion and the threat of force upon the civil population, I quote from Document 2833-PS, which is an excerpt from Page 7 of the magazine entitled The Face of the Party, Document 2833-PS. It is just a line of quotation:

“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.”

Before I get to the numbers, I wanted to deal with the Hoheitsträger.

THE PRESIDENT: Don’t you think it is time to break off?

COL. STOREY: Yes.

THE PRESIDENT: Until 2 o’clock.