“The measures taken on 30 June and 1 and 2 July 1934 to counteract attempts at treason and high treason shall be considered as national emergency defense.”
On 12 July 1934 there was enacted a law defining the function of the Academy for German Law. I refer to Document 1391-PS, which is an English translation of the statute of the Academy for German Law, 12 July 1934, 1934 Reichsgesetzblatt, Part I, Pages 605 and 606:
“In constant, close connection with the agencies competent for legislation, it”—the academy—“shall further the realization of the National Socialist program in the realm of the law.”
On 30 January 1933, Hitler, the Leader of the Nazi Party and Führer of the Leadership Corps, was appointed Chancellor of the Reich. When President Von Hindenburg died in 1934, the Führer amalgamated into his person the offices of Chancellor and Reich President. I refer to Document 2003-PS, which establishes that fact, and I do not quote. It is Reichsgesetzblatt 1934, Part I, Page 747.
By decree of the 20th of December 1934 Party uniforms and institutions were granted the same protection as those of the State. This law was entitled, “Law Concerning Treacherous Acts against the State and Party and for the Protection of Party Uniforms.” This law imposed heavy penalties upon any person making false statements injuring the welfare or prestige of the Nazi Party or its agencies. It authorized the imprisonment of persons making or circulating malicious or baiting statements against leading personalities of the Nazi Party, and it provided punishment by forced labor for the unauthorized wearing of Party uniforms or symbols. I again refer to Document 1393-PS, not quoting, which is the English translation and gives the authority.
Finally, by the law of 15 September 1934 the swastika flag of the Party was made the official flag of the Reich. I refer to Document 2079-PS, which is the English translation of the Reich Flag Law found in Reichsgesetzblatt 1935, Part I, Page 1145. Just this one sentence—the quotation, “The Reich and national flag is the swastika flag.”
The swastika was the flag and symbol of the Leadership Corps of the Nazi Party. By law it was made the flag of the State; a recognition that the Party and its corps of political leaders were the sovereign powers in Germany.
On 23 April 1936 a law was enacted granting amnesty for crimes which the offender had committed “in his eagerness to fight for the National Socialist ideals.” I cite Document 1386-PS, which is the English translation of the “Law Concerning Amnesty,” Reichsgesetzblatt 1936, Part I, Page 378.
In furtherance of the conspiracy to acquire totalitarian control over the German people, a law was enacted on 1 December 1936 which incorporated the entire German youth within the Hitler Youth, thereby achieving total mobilization of the German youth. And I cite Document 1392-PS, containing that law, 1936 Reichsgesetzblatt, Part I, Page 993. The law further provided that the task of educating the German youth through the Hitler Youth was entrusted to the Reichsleiter of the German youth in the NSDAP. By this law a monopoly control over the entire German youth was placed in the hands of the top official, a Reichsleiter of the Leadership Corps of the Nazi Party, the Defendant Von Schirach.
On 4 February 1938 the Führer of the Leadership Corps of the Nazi Party, Hitler, issued a decree in which he took over direct command of the whole German Armed Forces. I cite Document 1915-PS, 1938 Reichsgesetzblatt, Part I, Page 111. Hitler says, “From now on, I take over directly and personally the command of the whole Armed Forces.”
By virtue of the earlier law of 1 August 1934 Hitler combined the offices of the Reich President and the Chancellorship. In the final result, therefore, Hitler was Supreme Commander of the Armed Forces, the Head of the German State, and the Führer of the Nazi Party. With respect to this, the Party manual states as follows, and I quote from Page 19 of Document 1893-PS:
“The Führer created the National Socialist German Workers’ Party. He filled it with his spirit and his will, and with it he conquered the power of the State on 30 January 1933. The Führer’s will is the supreme law in the Party. . . .
“By authority of the law about the Chief of State of the German Reich, dated 1 August 1934, the office of the Reich President has been combined with that of the Reich Chancellery. Consequently, the powers heretofore possessed by the Reich President were transferred to the Führer, Adolf Hitler. Through this law, the conduct of the Party and State has been combined in one hand. By desire of the Führer, a plebiscite was conducted on this law on 19 August 1934. On this day, the German people chose Adolf Hitler to be their sole leader. He is responsible only to his conscience and to the German nation.”
A decree of 16 January 1942 provided that the Party should participate in legislation and official appointments and promotions. I cite as proof Document 2100-PS, which is the English translation of a directive concerning the application of the Führer decree relating to the Chief of the Party Chancellery, 1942 Reichsgesetzblatt, Part I, Page 35. The decree further provided that such participation should be undertaken exclusively by the Defendant Bormann, Chief of the Party Chancellery and Reichsleiter of the Leadership Corps. The decree provided that the Chief of the Party Chancellery was to take part in the preparation of all laws and decrees issued by Reich authorities, including those issued by the Ministerial Council for Defense of the Reich, and to give his assent to those of the Länder and of the Reich governors—the Länder being the German states. All communications between the State and Party authorities, unless within the Gau only, were to pass through Bormann’s hands. This decree is of crucial importance in demonstrating the ultimate control and responsibility imputable to the Leadership Corps for governmental policy and actions taken in furtherance of the conspiracy.
On or about the 26th of April 1942 Hitler declared in a speech that in his capacity as leader of the nation, Supreme Commander of the Armed Forces, Supreme Head of the Government, and as Führer of the Party, his right must be recognized to compel with all means at his disposal every German, whether soldier, judge, State official, or Party official, to fulfill his desire. He demanded that the Reichstag officially recognize this asserted right; and on the 26th of April 1942 the Reichstag issued a decision in which full recognition was given to the rights of the Führer which I have just asserted. I cite Document 1961-PS, which is the English translation of that decision, found in 1942 Reichsgesetzblatt, Part I, Page 247. I quote:
“At the proposal of the President of the Reichstag, on its session of 26 April 1942, the Greater German Reichstag has unanimously approved of the rights which the Führer has postulated in his speech with the following decision:
“There can be no doubt that in the present war, in which the German people is faced with a struggle for its existence or annihilation, the Führer must have all the rights postulated by him which serve to further or achieve victory. Therefore, without being bound by existing legal regulations, in his capacity as leader of the nation, Supreme Commander of the Armed Forces, Governmental Chief and Supreme Executive Chief, as Supreme Justice and as leader of the Party, the Führer must be in the position to force with all means at his disposal every German, if necessary—whether he be a common soldier or officer, low or high, official or judge, leading or subordinate official of the Party, worker or employee—to fulfill his duties. In case of violation of these duties, the Führer is entitled, after conscientious examination, regardless of so-called well-deserved rights, to mete out due punishment and to remove the offender from his post, rank, and position without introducing prescribed procedures.
“At the order of the Führer, this decision is hereby made public. Berlin, 26 April 1942.”
Hitler, himself, perhaps, best summarized the political realities of his Germany which constituted the basis for the Prosecution’s submission that the Leadership Corps of the Nazi Party