SIXTH DAY Tuesday, 27 November 1945

“The Führer’s headquarters, 18 December 1940. Secret. Only through officer. Nine copies. 4th copy. Directive Number 21, Case Barbarossa.

“The German Armed Forces must be prepared to crush Soviet Russia in a quick campaign before the end of the war against England. (Case Barbarossa.)

“For this purpose the Army will have to employ all available units with the reservation that the occupied territories will have to be safeguarded against surprise attacks.

“For the Eastern campaign the Air Force will have to free such strong forces for the support of the Army that a quick completion of the ground operations may be expected and that damage of the eastern German territories will be avoided as much as possible. This concentration of the main effort in the East is limited by the following reservation: That the entire battle and armament area dominated by us must remain sufficiently protected against enemy air attacks and that the attacks on England, and especially the supply for them, must not be permitted to break down.

“Concentration of the main effort of the Navy remains unequivocally against England also during an Eastern campaign.

“If occasion arises I will order the concentration of troops for action against Soviet Russia eight weeks before the intended beginning of operations.

“Preparations requiring more time to start are—if this has not yet been done—to begin presently and are to be completed by 15 May 1941.

“Great caution has to be exercised that the intention of an attack will not be recognized.

“The preparations of the High Command are to be made on the following basis:

“1. General Purpose:

“The mass of the Russian Army in western Russia is to be destroyed in daring operations by driving forward deep wedges with tanks, and the retreat of intact battle-ready troops into the wide spaces of Russia is to be prevented.

“In quick pursuit, a line is to be reached from where the Russian Air Force will no longer be able to attack German Reich territory. The first goal of operations is the protection from Asiatic Russia from the general line Volga-Archangel. In case of necessity, the last industrial area in the Urals left to Russia could be eliminated by the Luftwaffe.

“In the course of these operations the Russian Baltic Sea Fleet will quickly erase its bases and will no longer be ready to fight.

“Effective intervention by the Russian Air Force is to be prevented through powerful blows at the beginning of the operations.”

THE PRESIDENT: Mr. Alderman, perhaps that would be a convenient time to adjourn for 10 minutes.

MR. ALDERMAN: If it pleases the Tribunal, another secret document captured from the OKW files, we think establishes the motive for the attack on the Soviet Union. It also establishes the full awareness of the Nazi conspirators of the Crimes against Humanity which would result from their attack. The document is a memorandum of 2 May 1941, concerning the result of a discussion on that day with the state secretaries concerning the Case Barbarossa. The document is initialled by a Major Von Gusovius, a member of the staff of General Thomas set up to handle the economic exploitations of the territory occupied by the Germans during the course of the aggression against Russia. The document is numbered 2718-PS in our numbered series of documents. I offer it in evidence as Exhibit USA-32.

I shall simply read the first two paragraphs of this document, including the introductory matter:

“Matter for Chief; 2 copies; first copy to files 1a. Second copy to General Schubert, May 2, 1941.”

“Memorandum about the result of today’s discussion with the state secretaries about Barbarossa.

“1. The War can only be continued if all Armed Forces are fed by Russia in the third year of war.

“2. There is no doubt that as a result many millions of people will be starved to death if we take out of the country the things necessary for us.”

That document has already been commented on and quoted from in Mr. Justice Jackson’s opening statement. The staggering implications of that document are hard to realize. In the words of the document, the motive for the attack was that the war which the Nazi conspirators had launched in September 1939 “can only be continued if all Armed Forces are fed by Russia in the third year of the war.” Perhaps, there never was a more sinister sentence written than the sentence in this document which reads:

“There is no doubt that as a result many millions of people will be starved to death if we take out of the country the things necessary for us.”

I turn now to the Nazi collaboration with Italy and Japan and the resulting attack on the United States on 7 December 1941. With the unleashing of the German aggressive war against the Soviet Union in June 1941, the Nazi conspirators, and in particular, the Defendant Ribbentrop, called upon the eastern co-architect of the New Order, Japan, to attack in the rear. Our evidence will show that they incited and kept in motion a force reasonably calculated to result in an attack on the United States. For a time, they maintained their preference that the United States not be involved in the conflict, realizing the military implication of an entry of the United States into the war. However, their incitement did result in the attack on Pearl Harbor, and long prior to that attack, they had assured the Japanese that they would declare war on the United States should a United States-Japanese conflict break out. It was in reliance on those assurances that the Japanese struck at Pearl Harbor.

On the present discussion of this phase of the case, I shall offer only one document to prove this point. The document was captured from the files of the German Foreign Office. It consists of notes dated 4 April 1941, signed by “Schmidt,” regarding discussions between the Führer and the Japanese Foreign Minister Matsuoka, in the presence of the Defendant Ribbentrop. The document is numbered 1881-PS in our numbered series, and I offer it in evidence as Exhibit USA-33. In the original, it is in very large, typewritten form in German. I shall read what I deem to be the pertinent parts of this document, beginning with the four paragraphs; first reading the heading, the heading being:

“Notes regarding the discussion between the Führer and the Japanese Foreign Minister Matsuoka, in the presence of the Reich Foreign Minister and the Reich Minister of State Meissner, in Berlin, on 4 April 1941.

“Matsuoka then also expressed the request that the Führer should instruct the proper authorities in Germany to meet as broad-mindedly as possible the wishes of the Japanese Military Commission. Japan was in need of German help particularly concerning the U-boat warfare, which could be given by making available to them the latest experiences of the war as well as the latest technical improvements and inventions.”—For the record, I am reading on what is page 6 of the German original.—

“Japan would do her utmost to avoid a war with the United States. In case that country should decide to attack Singapore, the Japanese Navy, of course, had to be prepared for a fight with the United States, because in that case America probably would side with Great Britain. He (Matsuoka) personally believed that the United States could be restrained, by diplomatic exertions, from entering the war at the side of Great Britain. Army and Navy had, however, to count on the worst situation,—that is, with war against America. They were of the opinion that such a war would extend for 5 years or longer, and would take the form of guerilla warfare in the Pacific, and would be fought out in the South Sea. For this reason the German experiences in her guerilla warfare are of the greatest value to Japan. It was a question how such a war would best be conducted and how all the technical improvements of submarines, in all details such as periscopes and such like, could best be exploited by Japan.

“To sum up, Matsuoka requested that the Führer should see to it that the proper German authorities would place at the disposal of the Japanese those developments and inventions concerning navy and army which were needed by the Japanese.

“The Führer promised this and pointed out that Germany, too, considered a conflict with the United States undesirable, but that it had already made allowances for such a contingency. In Germany one was of the opinion that America’s contributions depended upon the possibilities of transportation, and that this again is conditioned by the available tonnage. Germany’s war against tonnage, however, means a decisive weakening, not merely against England, but also against America. Germany has made her preparations so that no American could land in Europe. She would conduct a most energetic fight against America with her U-boats and her Luftwaffe, and due to her superior experience, which would still have to be acquired by the United States, she would be vastly superior, and that quite apart from the fact that the German soldiers naturally rank high above the Americans.

“In the further course of the discussion, the Führer pointed out that Germany, on her part, would immediately take the consequences if Japan would get involved with the United States. It did not matter with whom the United States would first get involved, whether with Germany or with Japan. They would always try to eliminate one country at a time, not to come to an understanding with the other country subsequently, but to liquidate this one just the same. Therefore Germany would strike, as already mentioned, without delay in case of a conflict between Japan and America, because the strength of the tripartite powers lies in their joint action; their weakness would be if they would let themselves be beaten individually.

“Matsuoka once more repeated his request that the Führer might give the necessary instructions, in order that the proper German authorities would place at the disposal of the Japanese the latest improvements and inventions, which are of interest to them because the Japanese Navy had to prepare immediately for a conflict with the United States.

“As regards Japanese-American relationship, Matsuoka explained further that he has always declared in his country that sooner or later a war with the United States would be unavoidable, if Japan continued to drift along as at present. In his opinion this conflict would happen rather sooner than later. His argumentation went on, why should Japan, therefore, not decisively strike at the right moment and take the risk upon herself of a fight against America? Just thus would she perhaps avoid a war for generations, particularly if she gained predominance in the South Seas. There are, to be sure, in Japan, many who hesitate to follow those trends of thought. Matsuoka was considered in those circles a dangerous man with dangerous thoughts. He, however, stated that if Japan continued to walk along her present path, one day she would have to fight anyway and that this would then be under less favorable circumstances than at present.

“The Führer replied that he could well understand the situation of Matsuoka, because he himself had been in similar situations (the clearing of the Rhineland, declaration of sovereignty of Armed Forces). He too was of the opinion that he had to exploit favorable conditions and accept the risk of an anyhow unavoidable fight, at a time when he himself was still young and full of vigor. How right he was in his attitude was proven by events. Europe now was free. He would not hesitate a moment to reply instantly to any widening of the war, be it by Russia, be it by America. Providence favored those who will not let dangers come to them, but who will bravely face them.

“Matsuoka replied that the United States, or rather their ruling politicians, had recently still attempted a last maneuver towards Japan, by declaring that America would not fight Japan on account of China or the South Seas, provided that Japan gave free passage to the consignment of rubber and tin to America to their place of destination. However, America would war against Japan the moment she felt that Japan entered the war with the intention to assist in the destruction of Great Britain. Such an argumentation naturally did not miss its effect upon the Japanese, because of the education oriented on English lines which many had received.

“The Führer commented on this, that this attitude of America did not mean anything, but that the United States had the hope that, as long as the British World Empire existed, one day they could advance against Japan together with Great Britain, whereas, in case of the collapse of the World Empire, they would be totally isolated and could not do anything against Japan.

“The Reich Foreign Minister interjected that the Americans precisely under all circumstances wanted to maintain the powerful position of England in East Asia, but that on the other hand it is proved by this attitude, to what extent she fears a joint action of Japan and Germany.

“Matsuoka continued that it seemed to him of importance to give to the Führer an absolutely clear picture of the real attitude inside Japan. For this reason he also had to inform him regretfully of the fact that he, Matsuoka, in his capacity as Japanese Minister for Foreign Affairs, could not utter in Japan a single word of all that he had expounded before the Führer and the Reich Foreign Minister regarding his plans. This would cause him serious damage in political and financial circles. Once before, he had committed the mistake, before he became Japanese Minister for Foreign Affairs, to tell a close friend something about his intentions. It seems that the latter had spread these things, and thus brought about all sorts of rumors, which he, as Foreign Minister, had to oppose energetically, though as a rule he always tells the truth. Under these circumstances he also could not indicate how soon he could report on the questions discussed to the Japanese Premier or to the Emperor. He would have to study exactly and carefully, in the first place, the development in Japan, so as to make his decision at a favorable moment, to make a clear breast of his proper plans towards the Prince Konoye and the Emperor. Then the decision would have to be made within a few days, because the plans would otherwise be spoiled by talk.

“Should he, Matsuoka, fail to carry out his intentions, that would be proof that he is lacking in influence, in power of conviction, and in tactical capabilities. However, should he succeed, it would prove that he had great influence in Japan. He himself felt confident that he would succeed.

“On his return, being questioned, he would indeed admit to the Emperor, the Premier and the Ministers for the Navy and the Army, that Singapore had been discussed; he would, however, state that it was only on a hypothetical basis.

“Besides this, Matsuoka made the express request not to cable in the matter of Singapore, because he had reason to fear that by cabling, something might leak out. If necessary, he would send a courier.

“The Führer agreed and assured, after all, that he could rest entirely assured of German reticence.

“Matsuoka replied he believed indeed in German reticence, but unfortunately could not say the same for Japan.

“The discussion was terminated after the exchange of some personal parting words.

“Berlin, the 4th of April 1941. (Signed) Schmidt.”

This completes the presentation of what I have called the “handful of selected documents,” offered not as a detailed treatment of any of these wars of aggression, but merely to prove the deliberate planning, the deliberate premeditation with which each of these aggressions was carried out.

I turn to a more detailed and more or less chronological presentation of the various stages of the aggression.

Morning Session

THE PRESIDENT: I call on the counsel for the United States. Mr. Alderman, before you begin, I think it would be better, for the purpose of the Tribunal, when citing documents, if you would refer to them not only by the United States exhibit number and the PS document number, but also by the document book identification. Each document book, as I understand it, has either a letter or a number. They are numbered alphabetically, I think. If that is not done, when we have got a great number of document books before us, it is very difficult to find where the particular exhibit is.

May it please the Tribunal, the handful of selected documents which I presented yesterday constitute a cross section of the aggressive war case, as a whole. They do not purport to cover the details of any of the phases of the aggressive war case. In effect they do amount to a running account of the entire matter.

Before moving ahead with more detailed evidence, I think it might be helpful to pause at this point, to present to the Tribunal a chart. This chart presents visually some of the key points in the development of the Nazi aggression. The Tribunal may find it helpful as a kind of visual summary of some of the evidence received yesterday and also as a background for some of the evidence which remains to be introduced. I am quite certain that, as your minds go back to those days, you remember the maps that appeared from time to time in the public press, as these tremendous movements developed in Europe. I am quite certain that you must have formed the concept, as I did in those days, of the gradually developing head of a wolf.

In that first chart you only have an incipient wolf. He lacks a lower jaw, the part shown in red, but when that wolf moved forward and took over Austria—the Anschluss—that red portion became solid black. It became the jaw of the wolf, and when that lower jaw was acquired, Czechoslovakia was already, with its head and the main part of its body, in the mouth of the wolf.

Then on chart two you see the mountainous portions, the fortified portions of Czechoslovakia. In red, you see the Sudetenland territories which were first taken over by the Pact of Munich, whereupon Czechoslovakia’s head became diminutive in the mouth of the wolf.

And in chart three you see the diminishing head in red, with its neck practically broken, and all that was necessary was the taking over of Bohemia and Moravia and the wolf’s head became a solid, black blot on the map of Europe, with arrows indicating incipient further aggressions, which, of course, occurred.

That is the visual picture that I have never been able to wipe out of my mind, because it seems to demonstrate the inevitability of everything that went along after the taking over of Austria.

The detailed more or less chronological presentation of the aggressive war case will be divided into seven distinct sections. The first section is that concerning preparation for aggression during the period of 1933 to 1936, roughly. The second section deals with aggression against Austria. The third section deals with aggression against Czechoslovakia. The fourth section deals with aggression against Poland and the initiation of actual war. For reasons of convenience, the details of the Polish section will be presented after the British Chief Prosecutor presents his opening statement to the Tribunal. The fifth section deals with the expansion of the war into a general war of aggression, by invasions into Scandinavia, the Lowlands, and the Balkans. The details on this section of the case will be presented by the British Chief Prosecutor. The sixth section deals with aggression against the Soviet Union, which I shall expect to present. For reasons of convenience again, the details on this section, like the details on aggression against Poland, will be presented after the British Prosecutor has made his opening statement to the Tribunal. The seventh section will deal with collaboration with Italy and Japan and the aggression against the United States.

I turn now to the first of these sections, the part of the case concerning preparation for aggression during the period 1933 to 1936. The particular section of the Indictment to which this discussion addresses itself is paragraph IV (F) and sub-paragraph 2 (a), (b), (c), (d), (e), and (f), which I need not read at a glance, as the Tribunal will recall the allegation. It will be necessary, as I proceed, to make reference to certain provisions of the Charter, and to certain provisions of the Treaty of Versailles, and the Treaty between the United States and Germany restoring friendly relations, 25 August 1921, which incorporates certain provisions of the Treaty of Versailles and certain provisions of the Rhine Treaty of Locarno of 16 October 1925.

THE PRESIDENT: Mr. Alderman, is it not intended that this document book should have some identifying letter or number?

MR. ALDERMAN: “M”, I am informed. I do not offer those treaties in evidence at this time, because the British will offer all the pertinent treaties in their aspect of the case.

The Nazi plans for aggressive war started very soon after World War I. Their modest origin and rather fantastic nature, and the fact that they could have been interrupted at numerous points, do not detract from the continuity of the planning. The focus of this part of the Indictment on the period from 1933 to 1945, does not disassociate these events from what occurred in the entire preceding period. Thus, the ascendancy of Hitler and the Nazis to political power in 1933, was already a well-advanced milestone on the German road to progress.

By 1933 the Nazi Party, the NSDAP, had reached very substantial proportions. At that time, their plans called for the acquisition of political control of Germany. This was indispensable for the consolidation within the country of all the internal resources and potentialities.

As soon as there was sufficient indication of successful progress along this line of internal consolidation, the next step was to become disengaged from some of the external disadvantages of existing international limitations and obligations. The restrictions of the Versailles Treaty were a bar to the development of strength in all the fields necessary, if one were to make war. Although there had been an increasing amount of circumvention and violation from the very time that Versailles came into effect, such operations under disguise and subterfuge could not attain proportions adequate for the objectives of the Nazis. To get the Treaty of Versailles out of the way was indispensable to the development of the extensive military power which they had to have for their purposes. Similarly, as part of the same plan and for the same reasons, Germany withdrew from the Disarmament Conference and from the League of Nations. It was impossible to carry out their plans on the basis of existing international obligations or of the orthodox kind of future commitments.

The points mentioned in this Paragraph IV (F) 2 of the indictment are now historical facts of which we expect the Tribunal to take judicial notice.

It goes without saying that every military and diplomatic operation was preceded by a plan of action and a careful coordination of all participating forces. At the same time each point was part of a long-prepared plan of aggression. Each represents a necessary step in the direction of the specific aggression which was subsequently committed.

To develop an extensive argument would, perhaps, be the unnecessary laboring of the obvious. What I intend to say is largely the bringing to light of information disclosed in illustrative documents which were hitherto unavailable.

The three things of immediate international significance referred to in this Paragraph IV (F) 2 of the Indictment are:

First, the withdrawal from the Disarmament Conference and the League of Nations; second, the institution of compulsory military service; and, third, the reoccupation of the demilitarized zone of the Rhineland. Each of these steps was progressively more serious than the matter of international relations. In each of these steps Germany anticipated the possibility of sanction being applied by other countries and, in particular, a strong military action from France, with the possible assistance of England. However, the conspirators were determined that nothing less than a preventive war would stop them, and they also estimated correctly, that no one or combination of Big Powers would undertake the responsibility of such a war. The withdrawal from the Disarmament Conference and from the League of Nations was, of course, action that did not violate any international obligation. The League Covenant provided the procedure for withdrawal. However, in this case and as part of the bigger plan, the significance of these actions cannot be disassociated from the general conspiracy and the plans for aggression. The announcement of the institution of universal military service was a more daring action with a more overt significance. It was a violation of Versailles, but they got away with it. Then, came the outright military defiance, the occupation of the demilitarized zone of the Rhineland.

Still on the Indictment, Paragraph IV (F) 2, which alleges the determination of the Nazi conspirators to remove the restrictions of Versailles, the fact that the Nazi plans in this respect started very early is not only confirmed by their own statements, but they boasted about their long planning and careful execution.

I read to you yesterday at length from our Exhibit 789-PS, Exhibit USA-23, Hitler’s speech to all Supreme Commanders, 23 November 1939. I need not read it again. He stated there that his primary goal was to wipe out Versailles. After 4 years of actual war, the Defendant Jodl, as Chief of the General Staff of the Armed Forces, delivered an address to the Reich and to the Gauleiter in which he traced the development of German strength. The seizure of power to him meant the restoration of fighting sovereignty, including conscription, occupation of the Rhineland, and rearmament, with special emphasis on modern armor and air forces.

I have, if the Tribunal please, our Document Number L-172. It is a photostat of a microfilm of a speech by General Jodl, and I offer that photostat as Exhibit USA-34. I shall read, if the Tribunal please, only a part of that, but starting at the beginning.

The speech is entitled “The Strategic Position at the Beginning of the Fifth Year of War.” It is a kind of retrospective summary by the Defendant General Jodl. “A lecture by the Chief of the General Staff of the Armed Forces to the Reich- and Gauleiter, delivered in Munich on 7 November 1943.” I am reading from the English translation:

“Introduction: Reichsleiter Bormann has requested me to give you a review today of the strategic position at the beginning of the fifth year of war.

“I must admit that it was not without hesitation that I undertook this none-too-easy task. It is not possible to do it justice with a few generalities. It is not necessary to talk about what will come but one must say frankly what the situation is. No one, the Führer has ordered, may know more or be told more than he needs for his own immediate task, but I have no doubt at all in my mind, gentlemen, but that you need a great deal, in order to be able to cope with your tasks. It is in your Gaue, after all, and among their inhabitants that all the widespread enemy propaganda, defeatism, and malicious rumors are concentrated. Up and down the country the devil of subversion strides. All the cowards are seeking a way out, or—as they call it—a political solution. They say we must negotiate while there is still something in hand, and all these slogans are made use of to attack the natural feeling of the people, that in this war there can only be a fight to the end. Capitulation is the end of the nation; the end of Germany. Against this wave of enemy propaganda and cowardice you need more than force. You need to know the true situation, and for this reason I believe that I am justified in giving you a perfectly open and unvarnished account of the present state of affairs. This is no forbidden disclosure of secrets, but a weapon which may perhaps help you to fortify the morale of the people. For this war will not only be decided by force of arms, but by the will to resist of the entire people. Germany was broken in 1918 not at the front but at home. Italy suffered not military defeat but moral defeat. She broke down internally. The result has been not the peace she expected but—through the cowardice of these criminal traitors—a fate a thousand times harder than continuation of the war at our side would have brought to the Italian people. I can rely on you, gentlemen, that since I give concrete figures and data concerning our own strength, you will treat these details as your secret; all the rest is at your disposal, without restriction, for application in your activities as leaders of the people.

“The necessity and objectives of this war were clear to all and everyone at the moment when we entered upon the War of Liberation of Greater Germany and, by attacking, parried the danger which menaced us . . . both from Poland and from the Western Powers. Our further incursions into Scandinavia, in the direction of the Mediterranean and into Russia—these also aroused no doubts concerning the general conduct of the war, so long as we were successful. It was not until more serious set-backs were encountered and our general situation began to become increasingly acute, that the German people began to ask themselves whether, perhaps, we had not undertaken more than we could do and set our aims too high. To provide an answer to this questioning and to furnish you with certain points of view for use in your own work of enlightenment, is one of the main points of my present lecture. I shall divide it into three parts:

“I. A review of the most important questions of past developments;

“II. Consideration of the present situation;

“III. The foundations of our confidence in victory.

“In view of my position as Military Advisor to the Führer, I shall confine myself in my remarks to the problems of my own personal sphere of action, fully appreciating at the same time, that in view of the Protean nature of this war, I shall in this way, be giving expression to only one aspect of the events.

“I. The review:

“1. The fact that the National Socialist movement and its struggle for internal power were the preparatory stage of the outer liberation from the bonds of the dictate of Versailles, is not one on which I need expatiate, in this circle. I should like, however, to mention at this point how clearly all thoughtful professional soldiers realize what an important part has been played by the National Socialist movement in reawakening the military spirit (the Wehrwille), in nurturing fighting strength (the Wehrkraft), and in rearming the German people. In spite of all the virtue inherent in it, the numerically small Reichswehr would never have been able to cope with this task, if only because of its own restricted radius of action. Indeed, what the Führer aimed at—and has so happily been successful in bringing about—was the fusion of these two forces.

“2. The seizure of power . . .”—I invite the Tribunal’s attention to the frequency with which that expression occurs in all of these documents.—“The seizure of power by the Nazi Party in its turn had meant, in the first place, the restoration of military sovereignty.”

That is the German word “Wehrhoheit”—a kind of euphemism there—“the highness of defense.” I think it really means “fighting sovereignty.” Wehrhoheit also meant conscription, occupation of the Rhineland and rearmament, with special emphasis being laid on the creation of a modern armored and air arm.

“3. The Austrian Anschluss . . .”—Anschluss means “locking on to,” I think. They latched on to Austria and—“The Austrian Anschluss, in its turn, brought with it not only the fulfillment of an old national aim, but also had the effect both of reinforcing our fighting strength and of materially improving our strategic position. Whereas, up until then, the territory of Czechoslovakia had projected in a most menacing way right into Germany (a wasp waist in the direction of France and an air base for the Allies, in particular Russia), Czechoslovakia herself was now enclosed by pincers.”

I wish the Tribunal would contemplate the chart a moment and see that worm-like form of Czechoslovakia, which General Jodl calls a “wasp waist in the direction of France,” and then he very accurately described what happened when Austria was taken by the Anschluss, that the “wasp waist” was “enclosed in the pincers.”

“Her own strategic position had now become so unfavorable that she was bound to fall a victim to any attack pressed home with vigor before effective aid from the West could be expected to arrive.

“This possibility of aid was furthermore made more difficult by the construction of the West Wall, which, in contradistinction to the Maginot Line, was not a measure based on debility and resignation but one intended to afford rear coverage for an active policy in the East.

“4. The bloodless solution of the Czech conflict in the autumn of 1938 and spring of 1939”—that is—the two phases in Czechoslovakia—“and the annexation of Slovakia rounded off the territory of Greater Germany in such a way that it now became possible to consider the Polish problem on the basis of more or less favorable strategic premises.”—I think it needs nothing more than a glance at the progressive chart to see what those favorable strategic premises were.—

“5. This brings me to the actual outbreak of the present war, and the question which next arises is whether the moment for the struggle with Poland, in itself unavoidable, was favorably selected or not. The answer to this question is all the less in doubt, because the relatively strong opponent collapsed more quickly than expected, and the Western Powers who were Poland’s friends, although they did declare war on us and form a second front, nevertheless made no use of the possibilities open to them of wresting the initiative from our hands. Concerning the course taken by the Polish campaign, nothing further need be said but that it proved to an extent which surprised the whole world a fact which until then had not been certain by any means, namely, the high state of efficiency of the young armed forces of Greater Germany.”

If the Court please, there is a long review by General Jodl in this document. I could read on with interest and some enthusiasm, but I believe I have read enough to show that General Jodl by this document identifies himself fully with the Nazi movement. This document shows that he was not a mere soldier. Insofar as he is concerned, it identifies the military with the political, and the immediate point on which I had offered the document was to show the deliberation with which the Treaty of Versailles was abrogated by Germany and the demilitarized zone of the Rhineland was militarized and fortified.

In one of Adolf Hitler’s reviews of the 6-year period between his ascendancy to power and the outbreak of hostilities, he not only admitted but boasted about the orderly and coordinated long-range planning. I bring up again, if the Tribunal please, the Document L-79, which was offered in evidence yesterday as Exhibit USA-27. That is the minutes of a conference of the Führer by Schmundt, his adjutant. In as large a staff as ours we inevitably fall into a kind of patois or lingo, as Americans say. We also refer to this as “Little Schmundt.” The large file that I offered yesterday, we call “Big Schmundt.”

At this point, I merely wish to read two sentences from Page 1 of that document which we call “Little Schmundt.”

“In the period 1933 to 1939 progress was made in all fields. Our military system improved enormously.”

“The period which lies behind us has indeed been put to good use. All measures have been taken in the correct sequence and in harmony with our aims.”

One of the most significant direct preparations for aggressive war is found in the secret Reich Defense Law of 21 May 1935, which I offered in evidence yesterday as Exhibit USA-24 and commented on then. I need not repeat that comment. The law went into effect upon its passage. It stated at the outset that it was to be made public instantly, but at the end of it Adolf Hitler signed the decree ordering that it be kept secret. I commented on that sufficiently yesterday.

General Thomas, Thomas, as we call him, who was in charge of War and Armament Economy and for some time a high ranking member of the German High Council, refers to this law as “the cornerstone of war preparations.” He points out that, although the law was not made public until the outbreak of war, it was put into immediate execution as a program of preparation.

I ask the Tribunal to take judicial notice of General Thomas’ work, A History of the German War- and Armament-Economy, 1923-1944, Page 25. We have the volume here, in German, so that anyone who wishes may examine it. I don’t care to offer the entire volume in evidence unless the Court think I should. We do give it an exhibit number, Exhibit USA-35, but I simply should like to place it in the files as a reference work implementing judicial notice, if that is practicable.

THE PRESIDENT: You want it simply for the purpose of showing that General Thomas said that that law was the cornerstone of war? That has already been passed into the record.

MR. ALDERMAN: I want to say to counsel for the defendants that it is here if they care to consult it at any time.

This secret law remained in effect until 4 September 1938, at which time it was replaced by another secret Defense Law, revising the system of defense organization and directing more detailed preparations for the approaching status of mobilization, which I think was the euphemism for war.

These laws will be discussed more extensively in connection with other sections of our presentation. They have been discussed by Mr. Dodd in connection with the economic preparations for the war.

The second secret Defense Law I offer in evidence, as our serial number 2194-PS. I offer it as Exhibit USA-36.

“Reich Defense Law; the Ministry for Economy and Labor, Saxony; Dresden 6; 4 September 1939; Telephone: 52.151, long distance; Top Secret.

“Transportation Section, attention of Construction Chief Counsellor Hirche or representative in the office; stamp of receipt of the Reich Protector in Bohemia and Moravia; received Prague, 5 September 1939, No. 274.

“Enclosed please find a copy of the Reich Defense Law of 4 September 1938 and a copy each of the decrees of the Reich Minister of Transportation, dated 7 October 1938, RL/W/ 10.2212/38, Top Secret, and 17 July 1939, RL/LV 1.2173/39, Top Secret, for your information and observance.

“By order, signed Kretschmar. 3 inclosures. Stamp: complete to Dresden, 4 September 1939, signed Schneider.

“Receipt for the letter of 4 September 1939, with 3 inclosures, signed 5 September 1939, and returned to Construction Counsellor Kretschmar.”

The whole point being that it was enclosing a second secret Reich Defense Law under top-secret cover.

Now, next I refer to Indictment, Paragraph IV (F) 2 (a). That paragraph of the Indictment refers to four points:

(1) Secret rearmament from 1933 to March 1935; (2) the training of military personnel (that includes secret or camouflage training); (3) production of munitions of war; and, (4) the building of an air force.

All four of these points are included in the general plan for the breach of the Treaty of Versailles and for the ensuing aggressions. The facts of rearmament and of its secrecy are self-evident from the events that followed. The significant phase of this activity insofar as the Indictment is concerned, lies in the fact that all this was necessary in order to break the barriers of the Versailles Treaty and of the Locarno Pact, and necessary to the aggressive wars which were to follow. The extent and nature of those activities could only have been for aggressive purposes, and the highest importance which the Government attached to the secrecy of the program is emphasized by the disguised financing, both before and after the announcement of conscription and the rebuilding of the Army, 16 March 1935.

I have, if the Court please, an unsigned memorandum by the Defendant Schacht dated 3 May 1935 entitled “The Financing of the Armament Program” (Finanzierung der Rüstung). As I say, it is not signed by the Defendant Schacht, but he identified it as being his memorandum in an interrogation on the 16th of October 1945. I would assume that he would still admit that it is his memorandum. That memorandum has been referred to but I believe not introduced or accepted in evidence. I identify it by our Number 1168-PS, and I offer it in evidence as Exhibit USA-37.

I think it is quite significant, and with the permission of the Court I shall read the entire memorandum, reminding you that the German interpreter has the original German before him to read into the transcript. “Memorandum from Schacht to Hitler” identified by Schacht as Exhibit A, interrogation 16 October 1945, Page 40. May 3, 1935 is the date of the memorandum.

“Financing of Armament. The following explanations are based upon the thought that the accomplishment of the armament program with speed and in quantity is the problem of German politics; that everything else therefore should be subordinated to this purpose as long as the main purpose is not imperiled by neglecting all other questions. Even after March 16, 1935 the difficulty remains that one cannot undertake the open propagandistic treatment of the German people for support of armament without endangering our position internationally (without loss to our foreign trade). The already nearly impossible financing of the armament program is rendered hereby exceptionally difficult.

“Another supposition must also be emphasized. The printing press can be used only for the financing of armament to such a degree as permitted by maintaining of the money value. Every inflation increases the prices of foreign raw materials and increases the domestic prices and is therefore like a snake biting its own tail. The circumstance that our armament had to be camouflaged completely till 16 March 1935, and since this date the camouflage had to be continued to an even larger extent, made it necessary to use the printing press (bank note press) already at the beginning of the whole armament program, while it would have been natural to start it (i.e., the printing press) at the final point of finance. In the portfolio of the Reichsbank are segregated bills of exchange for this purpose (that is, armament) of 3,775 millions and 866 millions, altogether 4,641 millions, out of which bills of exchange for armament amount to 2,374 million Reichsmark, that is of April 30, 1935. The Reichsbank has invested the amount of marks under its jurisdiction, but belonging to foreigners, in bank notes of armament.

“Our armaments are also financed partly with the credits of our political opponents. Furthermore, 500 million Reichsmark were used for financing of armaments which originated out of the federal loans which were invested in the saving banks in the year 1935. In the regular budget the following amounts were provided for the Armed Forces:

“For the budget period 1933 to 1934—750 million Reichsmark; for the budget period 1934 to 1935—1,100 million Reichsmark; and for the budget period 1935 to 1936—2,500 million Reichsmark.

“The amount of deficits of the budget since 1928 increases after the budget 1935 to 1936 to 5 to 6 billion Reichsmark. This total deficit is already financed at the present time by short-term credits of the money market. It therefore reduces in advance the possibilities of utilization of the public market for the armament. The Reichsfinanzminister”—Minister of Finance—“correctly points out at the defense of the budget:

“ ‘As a permanent yearly deficit is an impossibility, as we cannot figure with security increased tax revenues in an amount balancing the deficit and any other previous debits, as on the other hand a balanced budget is the only secure basis for the impending great task of military policy,’ ”—I interpolate that evidently the Defendant Schacht knew about the impending great military task to be faced by Germany.—“ ‘for all these reasons we have to put in motion a fundamental and conscious budget policy, which solves the problem of armament financing by organic and planned reduction of other expenditures, not only from the point of receipt, but also from the point of expenditure, that is, by saving.’

“How urgent this question is, can be deduced from the following, that very many tasks have been undertaken by the State and Party”—it isn’t ever just the State; it is the State and the Party—“and are now in process, all of which are not covered by the budget, but from contributions and credits, which have to be raised by industry in addition to the regular taxes. The existence of various budgets side by side, which serve more or less public tasks, is the greatest impediment for gaining a clear view of the possibilities of financing the armaments. A large number of ministries and various branches of the Party have their own budgets, and for this reason have possibilities of incomes and expenses, though based on the sovereignty of finance of the State, but not subject to the control of the Finanzminister”—Minister of Finance—“and therefore also not subject to the control of the Cabinet. Just as in the sphere of politics the much too far-reaching delegation of legislative powers to individuals brought about various states within the State, exactly in the same way the condition of various branches of State and Party, working side by side and against each other, has a devastating effect on the possibility of finance. If, in this territory, concentration and unified control is not introduced very soon, the solution of the already impossible task of armament finance is endangered.

“We have the following tasks:

“(1) A deputy is entrusted with, I suppose, finding all sources and revenues, which have origin in contributions to the Federal Government, to the State and Party, and in profits of public and Party enterprises.

“(2) Furthermore experts entrusted by the Führer have to examine how these amounts were used and which of these amounts in the future can be withdrawn from their previous purpose.

“(3) The same experts have to examine the investments of all public and Party organizations, to what extent this property can be used for the purpose of armament financing.

“(4) The federal Ministry of Finances is to be entrusted to examine the possibilities of increased revenues by way of new taxes or the increasing of existing taxes.

“The up-to-date financing of armaments by the Reichsbank, under existing political conditions, was a necessity, and the political success proved the correctness of this action. The other possibilities of armament financing have to be started now under any circumstance. For this purpose all absolutely nonessential expenditures for other purposes must not take place, and the total financial strength of Germany, limited as it is, has to be concentrated for the one purpose of armament financing. Whether the problem of financing as outlined in this program succeeds remains to be seen, but without such concentration it will fail with absolute certainty.”

Being sort of a hand in finance myself, I can feel some sympathy with the Defendant Schacht as he was wrestling with these problems.

MR. ALDERMAN: 21 May 1935 was a very important date in the Nazi calendar. As I have already indicated, it was on that date that they passed the secret Reich Defense Law, which is our Document 2261-PS. The secrecy of their armament operations had already reached the point beyond which they could no longer maintain successful camouflage and, since their program called for still further expansion, they made a unilateral renunciation of the armament provisions of the Versailles Treaty on the same date, 21 May 1935.

I refer to Hitler’s speech to the Reichstag on 21 May 1935; our Document Number 2288-PS. We have here the original volume of the Völkische Beobachter (the “Popular Observer”, I suppose, is the correct translation), Volume 48, 1935, 122-151, May, and the date 22 May 1935, which gave his speech under the heading (if I may translate, perhaps): “The Führer Notifies the World of the Way to Real Peace.”

I offer that part of that volume identified as our Number 2288-PS, as Exhibit USA-38, and from that I shall read, beginning with the fifth paragraph in the English translation. I am sorry, I said the fifth paragraph—this indicates on Page 3. It is after he discusses some general conclusions and then there is a paragraph numbered 1, that says: