The presentation of the French Prosecution is concluded. I shall give the floor to Captain Sprecher of the American Delegation, who will make a statement on the responsibility of the Defendant Fritzsche.
CAPTAIN DREXEL A. SPRECHER (Assistant Trial Counsel for the United States): May it please the Tribunal, I notice that Dr. Fritz, the defendant’s attorney, is not here; and in view of the late hour, it would be agreeable if we hold it over until tomorrow.
THE PRESIDENT: It is 5 o’clock now, so we shall adjourn in any event now.
FORTY-FIRST DAY
Wednesday, 23 January 1946
Morning Session
CAPT. SPRECHER: May it please the Tribunal, it is my responsibility and my privilege to present today the case on the individual responsibility of the Defendant Hans Fritzsche for Crimes against Peace, War Crimes, and Crimes against Humanity as they relate directly to the Common Plan or Conspiracy.
With the permission of the Tribunal, it is planned to make this presentation in three principal divisions:
First, a short listing of the various positions held by the Defendant Fritzsche in the Nazi State.
Second, a discussion of Fritzsche’s conspiratorial activities within the Propaganda Ministry from 1933 through the attack on the Soviet Union.
Third, a discussion of Fritzsche’s connection, as a Nazi propagandist, to the atrocities and the ruthless occupation policy which formed a part of the Common Plan or Conspiracy.
In listing Fritzsche’s positions, it is not intended at first to describe the functions of these positions. Later on, in describing some of Fritzsche’s conspiratorial acts, I shall take up a discussion of some of these positions which he held.
Fritzsche’s Party membership and his various positions in the propaganda apparatus of the Nazi State are shown by two affidavits by Fritzsche himself: Document Number 2976-PS, which is already in evidence as Exhibit USA-20; and Document Number 3469-PS, which I offer in evidence as Exhibit USA-721. Both of these affidavits have been put into the four working languages of this Tribunal.
Fritzsche became a member of the Nazi Party on the 1st of May 1933, and he continued to be a member until the collapse in 1945. Fritzsche began his services with the staff of the Reich Ministry for Public Enlightenment and Propaganda, hereinafter referred to as the Propaganda Ministry, on the 1st of May 1933; and he remained within the Propaganda Ministry until the Nazi downfall.
Before the Nazis seized political power in Germany and beginning in September 1932, Fritzsche was head of the Wireless News Service (Drahtloser Dienst), an agency of the Reich Government at that time under the Defendant Von Papen. After the Wireless News Service was incorporated into the Propaganda Ministry of Dr. Goebbels in May 1933, Fritzsche continued as its head until the year 1938. Upon entering the Propaganda Ministry in May 1933, Fritzsche also became head of the news section of the Press Division of the Propaganda Ministry. He continued in this position until 1937. In the summer of 1938, Fritzsche was appointed deputy to one Alfred Ingemar Berndt, who was then head of the German Press Division.
The German Press Division, in the Indictment, is called the Home Press Division. Since “German Press Division” seems to be a more literal translation, we have called it the German Press Division throughout this presentation. It is sometimes otherwise known as the Domestic Press Division. We shall show later that this division was the major section of the Press Division of the Reich Cabinet.
Now in December 1938 Fritzsche succeeded Berndt as the head of the German Press Division. Between 1938 and November 1942 Fritzsche was promoted three times. He advanced in title from Superior Government Counsel to Ministerial Counsel, then to Ministerialdirigent, and finally to Ministerialdirektor.
In November 1942 Fritzsche was relieved of his position as head of the German Press Division by Dr. Goebbels and accepted from Dr. Goebbels a newly created position in the Propaganda Ministry, that of Plenipotentiary for the Political Organization of the Greater German Radio. At the same time he also became head of the Radio Division of the Propaganda Ministry. He held both these positions in radio until the Nazi downfall.
There are two allegations of the Indictment concerning Fritzsche’s positions for which we are unable to offer proof. These allegations appear at Page 34 of the English translation.
The first unsupported allegation states that Fritzsche was “Editor-in-Chief of the official German News Agency (Deutsches Nachrichtenbüro).” The second unsupported allegation states that Fritzsche was “head of the Radio Division of the Propaganda Department of the Nazi Party.” Fritzsche denies having held either of these positions, in his affidavit, and therefore these two allegations must fall for want of proof.
Before discussing the documentation of the case I wish, in passing, to state my appreciation for the assistance of Mr. Norbert Halpern, Mr. Alfred Booth, and Lieutenant Niebergall, who sits at my right, for their assistance in research, analysis, and translation.
The Tribunal will note the relative shortness of this document book. It has been marked as Document Book MM. It contains only 32 pages, which have been numbered consecutively in red pencil for your convenience. The shortness of the documentation on this particular case is possible only because of a long affidavit made by the Defendant Fritzsche, which was signed by him on the 7th of January 1946.
It seems appropriate to comment on this significant document before proceeding. It is before Your Honors as Document Number 3469-PS, beginning at document book Page 19. As I said, it has been translated into the four working languages of this proceeding.
This affidavit contains materials which have been extracted from interrogations of Fritzsche and many materials which Fritzsche volunteered to give himself, upon request made by me, through his Defense Counsel, Dr. Fritz. Some of the portions of the final affidavit were originally typed or handwritten by the Defendant Fritzsche himself during this Trial or during the holiday recess. All these materials were finally incorporated into one single affidavit.
This affidavit contains Fritzsche’s account of the events which led to his entering the Propaganda Ministry and his account of his later connections with that Ministry. Before Fritzsche made some of the statements in the affidavit concerning the role of propaganda in relation to important foreign political events, he was shown illustrative headlines and articles from the German press at that time, so that he could refresh his recollection and make more accurate statements.
It is believed that the Tribunal will desire to consider many portions of this affidavit independent of this presentation, along with the proof on the conspirators’ use of propaganda as a principal weapon in the conspiracy. Some of this proof, you will recall, was submitted by Major Wallis in the first days of this Trial in connection with Brief E, entitled “Propaganda, Censorship, and Supervision of the Cultural Activities,” and the corresponding document book, to which I call the Tribunal’s attention.
In the Fritzsche affidavit there are a number of statements which I would say were in the nature of self-serving declarations. With respect to these, the