THE PRESIDENT: Colonel Storey, may I ask you what has that to do with the criminality of the Reich Cabinet?
COL. STOREY: The point, as I see it, again though it may be cumulative, Your Honor, is to show how these defendants, and the others with them, formed the ministries, formed these councils, so that they could give semblance of legality to any action they determined to take, whether they were in session or not and according to the dictates of the respective Ministers; in other words, showing a complete domination.
THE PRESIDENT: I should have thought that was amply shown already.
COL. STOREY: All right, Sir, I’ll pass further reference. I’ll skip over all the rest of the laws and go to Page 35 of the record, in reference to the criminality and the particular crimes. We now come to the second phase of the proof against the Reichsregierung, tending to establish the criminal characteristics. As the proof of all phases of the Prosecution’s case is received, the Tribunal will note more and more the relationship such evidence bears to the Reichsregierung and their resultant responsibility therefor. Here we will direct the Court’s attention to some prominent elements of the evidence that brands the group. First, it cannot be stressed too frequently that under the Nazi regime the Reichsregierung became a criminal instrument of the Nazi Party. In the original Cabinet of 30 January 1933, there were only three Cabinet members who were members of the Party: Göring, Frick, and Hitler. I have already shown that as new ministries were added prominent Nazis were placed at their head. On 30 January 1937 Hitler executed acceptance into the Party of those Cabinet members who were not already members of the Nazi Party. This action is reported in the Völkischer Beobachter, South German edition, 1 February 1937; it is Document Number 2964-PS, Exhibit USA-401, and I quote from Paragraphs 3 and 4 of the English translation:
“In view of the anticipated re-opening of the rolls for Party membership, the Führer, as the first step in this regard, personally carried out the enlistment into the Party of the members of the Cabinet who so far had not belonged to it; and he handed them simultaneously the Gold Party Badge, the supreme badge of honor of the Party. In addition, the Führer awarded the Gold Party Badge to Colonel General Baron von Fritsch; Generaladmiral, Dr. Raeder; the Prussian Minister of Finance, Professor Popitz; and the Secretary of State and Chief of the Presidential Chancellery, Dr. Meissner. The Führer also honored with the Gold Party Badge the Party members State Secretary Dr. Lammers, State Secretary Funk, State Secretary Körner, and State Secretary General of the Air Force Milch.”
It was possible to refuse the Party membership thus conferred. Only one man did this, however, Von Eltz-Rübenach, who was the Minister of Posts and Minister of Transport at the time. I have here an original letter, dated 30 January 1937, from Von Eltz-Rübenach to Hitler, and it is in his own personal handwriting. I offer it in evidence as Document 1534-PS, Exhibit USA-402; and I quote the entire document:
“Berlin (W8), 30 January 1937, Wilhelm Street, 79
“My Führer:
“I thank you for the confidence you have placed in me during the 4 years of your leadership and for the honor you do me in offering to admit me into the Party.
“My conscience forbids me, however, to accept this offer. I believe in the principles of positive Christianity and must remain faithful to my God and to myself. Party membership, however, would mean that I should have to countenance, without protest, the increasing violent attacks by Party officers on the Christian confessions and on those who wish to remain faithful to their religious convictions.
“This decision has been infinitely difficult for me, for never in my life have I performed my duty with greater joy and satisfaction than under your wise state leadership.
“I ask to be permitted to resign.
“With German greetings, yours very obediently, Baron von Eltz.”
But the Nazis didn’t wait until all members of the Cabinet . . .
THE PRESIDENT: Was Baron von Eltz permitted to resign?
COL. STOREY: Yes. As I understand, Your Honor, every one of them was a member, except this one; and he declined and resigned—which was accepted. The Nazis didn’t wait until all members of the Cabinet were Party members. Shortly after they came to power, they quickly assured themselves of active participation in the work of the Cabinet. On 1 December 1933 the Cabinet passed a law securing the unity of Party and State. That has been introduced previously and I will not refer to it any more. It is referred to here as our Document Number 1395-PS.
THE PRESIDENT: Why is Baron von Eltz shown as a member of the Cabinet in 1938?
COL. STOREY: If Your Honor pleases, the “1938” simply refers to the time the Secret Cabinet Council was created. It does not have to do with when any of these people came to the Cabinet.
THE PRESIDENT: Oh, I see.
COL. STOREY: In other words, all these arrows show that these different agencies were created during those years.
THE PRESIDENT: Yes, I follow it.
COL. STOREY: I say, for Your Honors’ information, that in this list of all of the Cabinet members and the members of the Reichsregierung from 1933 his name is shown in the list that we handed to Your Honors.
THE PRESIDENT: Up to 1937?
COL. STOREY: No, Sir; from 1933 down to 1945 his name is listed. If Your Honors will recall, we handed in a separate list and it does contain the Baron’s name, with the authority of his appointment, et cetera.
THE PRESIDENT: You mean that is a mistake?
COL. STOREY: No, Sir; it is not a mistake.
THE PRESIDENT: Well, then, he didn’t resign?
COL. STOREY: He did resign; but Your Honor asked if his name was shown up here and I said that in the separate list showing the list of all members of the Reichsregierung, from 1933 to 1945, the Baron’s name was included and the proper reference is made in this separate list for Your Honors’ guidance.
I have here a copy of an unpublished decree signed by Hitler, dated 27 July 1934. It is Document D-138, Exhibit USA-403; and it is in the section of “Laws and Decrees,” if Your Honor pleases, and I offer it in evidence. This is a decree of Adolf Hitler:
“I decree that the Führer’s Deputy, Reich Minister Hess, will have the capacity of a participating Reich Minister in connection with the preparation of drafts for laws in all Reich administrative spheres. All legislative work is to be sent to him when it is received by the other Reich Ministers concerned. This