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EIGHTH DAY
Thursday, 29 November 1945

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Morning Session

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MR. ALDERMAN: May it please the Tribunal. Before I resume the consideration of Mr. Messersmith’s second affidavit, Document 2385-PS, Exhibit USA-68, I should like to consider briefly the status of the proof before this Tribunal of the matter stated in the first Messersmith affidavit, introduced by the United States, Document 1760-PS, Exhibit USA-57. You will recall that Mr. Messersmith in that affidavit made the following general statements:

First, that although Nazi Germany stated that she would respect the independence of Austria, in fact she intended from the very beginning to conclude an Anschluss, and that Defendant Von Papen was working toward that end.

Second, that although Nazi Germany pretended, on the surface, to have nothing to do with the Austrian Nazis, in fact she kept up contact with them and gave them support and instruction.

Third, that while they were getting ready for their eventual use of force in Austria, if necessary, the Nazis were using quiet infiltrating tactics to weaken Austria internally, through the use of Christian-front personalities who were not flagrantly Nazi and could be called what they referred to as Nationalist Opposition, and through the device of developing new names for Nazi organizations, so that they could be brought into the Fatherland Front of Austria corporatively—that is as an entire group.

Now let us see briefly what some of our German documents proved, in support of these general statements in the Messersmith affidavit. The excerpts I have already read out of the report from Rainer to Bürckel, enclosed in the letter to Seyss-Inquart, Document 812-PS, Exhibit USA-61, showed:

First, that the Austrian Nazi groups kept up contacts with the Reich although they did it secretly in accordance with instructions from the Führer.

Second, that they continued their organization on a secret basis so as to be ready in what they referred to as an emergency.

Third, that they used persons like Seyss-Inquart and Glaise-Horstenau, who had what they called good legal positions, but who could be trusted by the Nazis; and that 5 days after the Pact of July 11, 1936 between Germany and Austria, a pact which specifically pledged the German Government not to interfere either directly or indirectly in the internal affairs of Austria, including the question of Austrian National Socialism, the Austrian Nazis met with Hitler at Obersalzberg and received new instructions; and finally, that Hitler then used Keppler, whose name we shall again meet in a short while in a significant manner as his “contact man” with the Austrian Nazis, with full authority to act for the Führer in Austria and to work with the leaders of the Austrian Nazis.

Then we offered Document 2247-PS, Exhibit USA-64, Von Papen’s letter to Hitler of May 17, 1935 that showed that Von Papen had been in contact with Captain Leopold and it showed how Von Papen got Hitler to make a solemn promise of Austria’s independence in order to further Papen’s internal political gain in Austria.

Then we offered Document 2248-PS, Exhibit USA-63, Von Papen’s letter of July 27, 1935, which reviewed the situation 1 year after Dollfuss’ death, and pointed out how National Socialism could be made the link for the Anschluss and how National Socialism could overcome the Austrian ideologies, and in which he identified himself completely with the National Socialist goal.

We offered Document 2246-PS, Exhibit USA-67, Von Papen’s letter to Hitler of September 1, 1936, which showed how Von Papen advised using both economic and continuing psychological pressure; that he had conferences with the leaders of the illegal Austrian Party; that he was trying to direct the next developments in such a way as to get corporative representation of the Nazi movement in the Fatherland Front, and that meanwhile he was not ready to urge that avowed National Socialists be put in prominent positions, but was quite satisfied with collaborators like Glaise-Horstenau.

I think that practically all of the statements in Mr. Messersmith’s affidavits have been fully supported by these documents, German documents, which we have introduced. Certain parts of the affidavits cannot be corroborated by documents, in the very nature of things, and I refer specifically to Mr. Messersmith’s conversation with the Defendant Von Papen in 1934, which I read to the Tribunal yesterday. But I think those matters are manifestly just as true and just as clear of the defendant’s guilt and complicity.

Yesterday I was reading to the Tribunal selected excerpts from Mr. Messersmith’s second affidavit, 2385-PS, Exhibit USA-68, relating to the diplomatic preparations for war. Prior to adjournment, I had read to the Tribunal excerpts which established the following propositions:

First, Nazi Germany undertook a vigorous campaign to break up the diplomatic agreements existing in 1933; first—in the West the Locarno Pact supplemented by the French-Belgium Agreement; second—in the East the Little Entente, Yugoslavia, Czechoslovakia, and Poland, and their respective mutual assistance pacts with France, and the French-Polish Pact; third—as for Austria, the special concern of Italy for her independence, that is for Austrian independence.

In the second place, Nazi Germany countered these alliances with extravagant and sometimes inconsistent promises of territorial gain to countries in southeastern Europe, Yugoslavia, Hungary, and Poland.

In the third place, Mr. Messersmith wrote an official communication to the State Department, pointing out that persons like Von Neurath and Von Papen were able to work more effectively in making these promises and in doing their other work, just because they, and I quote: “propagated the myth that they are not in sympathy with the regime.”

In the fourth place, in fact, high-ranking Nazis openly stated that Germany would honor her international obligations only so long as it suited her to do so.

There are two more excerpts which I wish to read from this affidavit:

France and Italy worked actively in southeastern Europe to counter German moves, as I said yesterday. France made attempts to promote an east Locarno pact and to foster an economic accord between Austria and the other Danubian powers. Italy’s effort was to organize an economic bloc of Austria, Hungary, and Italy. But Germany foiled these efforts by redoubling her promises of loot, by continuing her armament, and by another very significant strategy, that is the Fifth-Column strategy; that the Nazis stirred up internal dissensions within neighboring countries to disunite and weaken their intended victims.

I read now from Page 7 of the English copy of the second Messersmith affidavit, Document 2385-PS, Exhibit USA-68, the paragraph beginning in the middle of the page:

The Nuremberg Trials (Vol. 1-14)

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