Chapter I: broadened and redefined the concepts of high treason (1)

and treason, according to National Socialist principles by
amended articles 80–93 of the Reich criminal code. Chapter I
is reproduced in part above in section B, Selected Laws and
Decrees. Chapter III of the law, reproduced here, established
a special judicial machinery to deal with high treason and
treason as newly defined in chapters I and II. Materials on the
application and interpretation of these provisions on treason
and high treason are reproduced below in section V E.

[133] This decree is reproduced on p. 160.

[134] From 1936 until 1942, Thierack was President of the
People’s Court. In 1942, Thierack became Reich Minister of
Justice, and Freisler, President of the People’s Court.

[135] This law is reproduced in part on p. 182.

[136] Decree of the Reich President for the protection of people
and State is reproduced on p. 160.

[137] The hereditary health courts dealt with sterilization
of human beings. Because of space limitations, a relatively
small amount of the evidence introduced in the Justice Case
has been reproduced in this volume. However, sterilization was
also the subject of charges in the Medical Case. See “Medical
Experiments--Experiments for Mass Sterilization” (sec. VII A 15,
Vol. I, pp. 694 ff., this series).

[138] Reference is made to the basic law of 14 July 1933,
reproduced in part immediately above.

[139] Dr. Conti was Reich Health Leader
(Reichsgesundheitsfuehrer). His activities came into issue in
the Medical Case, United States _vs._ Karl Brandt, et al.,
Volumes I and II, this series. Conti committed suicide in 1945
after Germany’s unconditional surrender.

[140] Complete testimony is recorded in the mimeographed
transcript, 25 and 26 June 1947, pages 4253–4364.

[141] Reference is made to the Law Concerning the Head of the
German Reich, 1 August 1934 (1934 Reichsgesetzblatt, pt. I,
p. 747). This law reads as follows: “Article 1. The office
of the Reich President is herewith united with that of the
Reich Chancellor. Therefore, the prerogatives hitherto held by
the Reich President are transferred to the Fuehrer and Reich
Chancellor, Adolf Hitler. He determines his deputy. Article 2.
This law becomes effective from the time of the death of Reich
President Hindenberg.” Hindenberg died on 2 August 1934. This
law was signed by Hitler and 14 Reich ministers.

[142] This act is reproduced on page 163.

[143] Article 53 reads--“The President of the Reich appoints
and dismisses the Chancellor of the Reich and, on the latter’s
recommendation, the ministers of the Reich.”

[144] Article 54 reads--“The Chancellor of the Reich and the
ministers of the Reich require the confidence of the Reichstag
in the administration of their office. Any one of them must
resign should the confidence of the Reichstag be withdrawn by an
express resolution.”

[145] Article 50 reads--“All orders and decrees of the
President of the Reich, including those relating to the armed
forces, require for their validity the countersignature of
the Chancellor or the competent minister of the Reich. The
countersignature entails the undertaking of responsibility.”

[146] Article 76 reads--“The constitution may be amended
by legislation. But decisions of the Reichstag as to such
amendments come into effect only if two-thirds of the legal
total of members be present, and if at least two-thirds of those
present have given their consent. Decisions of the Reichsrat in
favor of amendments of the constitution also require a majority
of two-third of the votes cast. Where an amendment of the
constitution is decided by an appeal to the people as the result
of a popular initiative, the consent of the majority of the
voters is necessary.

“Should the Reichstag have decided upon an alteration of the
constitution in spite of the objection of the Reichsrat, the
president of the Reich shall not promulgate the law if the
Reichsrat, within 2 weeks, demands an appeal to the people.”

[147] Article 102 reads--“Judges are independent and subject
only to the law.”

[148] The problem referred to by the witness was briefly the
following: The value of the German currency having fallen to
a very small fraction of its prewar value, debtors were able
to pay off debts by paying, in terms of purchasing power, only
a small fraction of the original debt. This brought hardship
to many creditors. Hence, the question was whether, under the
doctrine of “unjust enrichment,” or under some similar doctrine,
or by virtue of special legislation, these debts, particularly
toward creditors in the lower economic strata, should be
“revalued.”

[149] Article 48, paragraph 2, reads--“Where public security and
order are seriously disturbed or endangered within the Reich,
the President of the Reich may take the measures necessary for
their restoration, intervening in case of need with the help of
armed forces. For this purpose he is permitted, for the time
being, to abrogate either wholly or partially the fundamental
rights laid down in articles 114, 115, 117, 118, 123, 124, and
153.”

The articles subject to temporary suspension are quoted in the
footnote to the decree of 28 February 1933, the first decree
reproduced in section B, above.

[150] Article 43 reads--“The president of the Reich holds office
for 7 years. Reelection is permissible.

“The president of the Reich may, upon the motion of the
Reichstag, be removed from office before the expiration of his
term by the vote of the people. The resolution of the Reichstag
requires to be carried by a two-thirds’ majority. Upon the
adoption of such a resolution, the president of the Reich is
prevented from the further exercise of his office. Refusal to
remove him from office, expressed by the vote of the people, is
equivalent to reelection, and entails the dissolution of the
Reichstag.

“Penal proceedings may not be taken against the president of the
Reich without the consent of the Reichstag.”

[151] The “red folder” contained the order of the Reich
President dissolving the Parliament (Reichstag). In some
instances, the Reich Chancellor would bring the “red folder”
with him into a session of the Reichstag, thus indicating that
the Reich President had already signed but not yet promulgated
the order dissolving the Reichstag and making it clear to the
Reichstag that an adverse vote would lead to the dissolution of
the Reichstag.

[152] Paragraph 3 of article 48 reads: “The President of the
Reich must, without delay, inform the Reichstag of any measures
taken in accordance with paragraph 1 or 2 of this article. Such
measures shall be abrogated up on the demand of the Reichstag.”

[153] In a previous section of his testimony, the witness had
differentiated between the ordinary private citizen, who was
affected by many norms only indirectly, and such categories as
the soldiers and the public employees, who were more directly
affected by certain norms.

[154] Article 4 reads: “The generally recognized rules of
international law are valid as binding constituent parts of the
law of the German Reich.”

[155] Article 4 is quoted in footnote immediately preceding.

Article 45, paragraph 3, reads: “Alliances and treaties with
foreign states which refer to matters in which the Reich has
legislative power require the consent of the Reichstag.”

[156] Other extracts from the testimony of defendant
Schlegelberger appear below in sections V B, V C 2 a, V D 2, V D
3, and V E. His entire testimony is recorded in the mimeographed
transcript (26, 27, 30 June, 1 July 1947, pp. 4367–4568).

[157] The portions of the record omitted here pertain to such
matters as the order of trial and the offers of documents. At
this point no testimony has been omitted.

[158] Reproduced below in section V C 1 a.

[159] Reproduced below in section V C 1 a.

[160] Opening statement for the prosecution, section III A,
above.

[161] Hans Frank, former head of the National Socialist Legal
Workers’ Association, and of the German Academy of Law, Reich
Minister and Governor General of the Government General (Poland).

[162] Prior to the Hitler regime, the administration of justice
was largely in the hands of the German Laender (States). When
Hitler abrogated the federal system, he also centralized the
administration of justice.

[163] Decree of the Fuehrer and Reich Chancellor concerning
Appointment of Civil Servants and Termination of Civil Service
Status, (Schlegelberger 127, Schlegelberger Def. Ex. 123), is
reproduced above in section IV B.

[164] According to the testimony of prosecution witness Ferber
(Tr. p. 1325) Heller and his mistress were riders in a taxicab.

[165] The defendant Westphal committed suicide in Nuernberg jail
after indictment but before the arraignment.

[166] Counsel refers to the testimony of the prosecution witness
Karl Ferber, (31 March, 1, 3, 8 April 1947, pp. 1312–1315,
1319–1466, 1576–1630, 1665–1746). None of his testimony has been
reproduced herein.

[167] Reproduced below in Section V C 2 a.

[168] Trial of the Major War Criminals, _op. cit._, volume
I, page 275.

[169] Three of the defendants in the Medical case were tried
and convicted upon charges of participation in the euthanasia
program. (See United States _vs._ Karl Brandt, et al., Vol.
I, p. 794, and Vol. II, p. 171 ff., this series.) Concerning the
time when Guertner received a copy of a Hitler notice regarding
euthanasia, the prosecution in the Justice Case introduced the
following document (630-PS, Pros. Ex. 383), the original of
which was on the letterhead of “A. Hitler” and dated Berlin, 1
September 1939:

Reichsleiter Bouhler and Dr. Brandt, M.D. are charged with the
responsibility of enlarging the authority of certain physicians
to be designated by name in such a manner that persons who
according to human judgment are incurable can, upon a most
careful diagnosis of their condition of sickness, be accorded a
mercy death.

[Signed] A. HITLER

[Handwritten note] Given to me by Bouhler on 27 August 1940.
[Signed] DR. GUERTNER III a 3/ 41g R s /

[170] Trial of the Major War Criminals, op. cit., page 182.

[171] Reproduced below in section VC3a.

[172] Reproduced above in section IVB.

[173] This document is a letter of 14 September 1937 from Thierack, at that time President of the People’s Court, to Lammers, Chief of the Reich Chancellery, in which Thierack suggested that Hitler address a further meeting of the members of the People’s Court in connection with their “fight against treason.” This exhibit is not reproduced herein.

[174] Thierack became Reich Minister of Justice in August 1942.

[175] The defendant refers to the showing before the Tribunal of a German sound film showing scenes from the actual trial of some of the persons allegedly involved in the attempt upon Hitler’s life on 20 July 1944 (NG-1019, Pros. Ex. 192). In that trial, Freisler acted as the presiding judge of the People’s Court.

[176] Testimony is recorded in the mimeographed transcript, 28 April 1947, pp. 2675–2691; 2716–2729.

[177] This resolution is reproduced on page 204.

[178] Hitler’s speech to the Reichstag on 26 April 1942 (NG-752, Pros. Ex. 24) is reproduced below in section VC2a.

[179] Dr. Ferdinand Behl testified as a prosecution witness. His testimony is not reproduced herein. It is recorded in the mimeographed transcript, 18–21 March 1947, pp. 562–826.

[180] The first mentioned law is reproduced in full on page 167, and the second in part on page 172.

[181] This document is the Second Law concerning the transfer of administration of justice to the Reich, dated 5 December 1934. Extracts from this law are reproduced as a part of Doc. NG-715, Pros. Ex. 112, on p. 172.

[182] Higher officials belong to the top group of German Civil Servants. See table on German Civil Service Ranks in the appendix.

[183] Reproduced below in section V F.

[184] Extracts from the testimony of Father Schosser are reproduced below in section V F. Further testimony of defendant Schlegelberger, dealing with treatment of Jews, is also reproduced below, section V D 2.

[185] This order was printed in _German Justice_ (Deutsche Justiz), 1934, 96th year, pp. 341 ff.

[186] In the IMT trial, this document was identified as Document 3751-PS and introduced in evidence as Exhibit USA-828.

[187] Wilhelm Frick was one of the defendants sentenced to death by the International Military Tribunal. Concerning Frick’s relation to concentration camps, the IMT stated, “From the many complaints he received, and from the testimony of witnesses, the Tribunal concludes that he knew of atrocities committed in these camps.” (Trial of the Major War Criminals, op. cit., vol. I, p. 300.)

[188] The enclosure was not offered in evidence.

[189] This document was taken from “General Collection of Regulations,” a secret publication of the Reich Security Main Office (RSHA) compiling numerous regulations of concern to the various police agencies.

[190] The introductory paragraphs of this regulation were omitted from the document as introduced in evidence by the defense. These paragraphs read as follows:

“The following regulations regarding protective custody go into effect on 1 February 1938. At the same time, the following are rescinded:

“a. My decree of 12 April 1934--I 3311 A/28.2 along with the supplement of 26 April 1934 and 10 July 1934 (directed to governments of the states and to the Reichstatthalters).

“b. My decree of 12 April 1935--VI B 757A/3014 along with the supplementary decree of 1 June 1935 VI B 11568/3014 (directed to the governments of the states, Reichstatthalters, Prussian presidents of government districts).

“c. My decree of 17 June 1935--III P 3311/329 (directed to the state government and the Reichstatthalter).

“d. The decree of office of Secret State Police of 3 July 1934--B Nr. 19582 II I D (directed to the presidents of the Prussian government districts).

“e. The decree of the Political Police Commander of the Lands of 9 September 1935--B. Nr. 37840/35 II I D (directed to the political police of the states and the Prussian State police offices).”

[191] Although the term Generalstaatsanwalt may be translated literally as state chief attorney, the term was ordinarily translated at the trial as “attorney general” or “chief public prosecutor.” Similarly, Staatsanwalt has ordinarily been translated as “attorney general” or “public prosecutor.”

[192] Defense counsel often reproduced in their document books documents which had previously been introduced as prosecution exhibits, and in these cases the document ordinarily acquired both a prosecution and a defense exhibit number.

[193] Document reproduced immediately above reports on two meetings of this conference.

[194] Document is not signed.

[195] The reference is to the widespread acts of violence against Jews during this time, a period often referred to as “Crystal Week” because of the large number of windows in Jewish stores which were broken.

[196] Further parts of this report, dealing with the question of “race pollution” and the treatment of Jews, are reproduced below in section V D 2.

[197] The exact status of the enclosures mentioned is not known. Since the letter itself was only a draft, the marginal notes of which indicate that it was submitted to Dr. Guertner’s consideration more than once, it is not clear whether the original list mentioned was initially compiled and then substituted by a completely new list, or whether the list compiled initially was merely revised by new additions as time passed. However, it should be pointed out that the list reproduced below, and which was submitted as part of the file as found by Allied authorities, contains entries as late as 30 January 1940. It should also be noted that the three cases specifically mentioned in the draft letter of 30 November 1939 (Latacz, Jacobs, and Gluth) are all cases mentioned in the following list.

[198] The initials indicate that Dr. Crohne, a department chief in the Reich Ministry of Justice, proposed this draft or, in any event saw it before it was shown to Reich Minister Guertner. Dr. Crohne was chief, first of Department III, and later of Department IV, in the Reich Ministry of Justice.

[199] Concerning this list, see footnote on preceding page.

[200] Otto Meissner was Chief of the Presidential Chancellery of the Fuehrer and Reich Chancellor. He was a defendant in Case 11, United States _vs._ Ernst von Weizsaecker et al. See volumes XII-XIV, this series.

[201] Concerning the relation of the extermination program to transfers of certain groups to the Reich Leader SS, two documents written by Thierack, Reich Minister of Justice, are especially enlightening--Thierack’s memorandum concerning his conference with Himmler and others on 18 September 1942, which mentions “special treatment” (654-PS, Pros. Ex. 39), reproduced below in section V C 3 a; Thierack’s letter of 13 October 1942 to Bormann, which mentions “the extermination of members of these nationalities,” referring to Poles, Russians, Jews, and gypsies (NG-558, Pros. Ex. 143), reproduced below in section V D 2.

[202] See related documents in section V D, below, concerning the treatment of Poles, Jews, and others.

[203] Other extracts from the testimony of defendant Schlegelberger are reproduced above in section IV E, and below in sections V C 2a, V D 2, V D 3, V E.

[204] Reproduced earlier in this section.

[205] Reproduced below in section VC2a.

[206] Article 340 of the Reich Criminal (Penal) Code provides as follows: “An Official who in the exercise of or in connection with the exercise of his office intentionally commits or causes to be committed a bodily injury shall be punished by imprisonment for not less than 3 months. If there are extenuating circumstances, the punishment may be reduced to 1 day imprisonment or to a fine.

“If the bodily injury is serious, confinement in a penitentiary for not less than 2 years shall be imposed. If there are extenuating circumstances, the punishment shall be imprisonment for not less than 3 months.” (Taken from Klemm Doc. 26, Klemm Ex. 26.)

[207] Highest court in Berlin.

[208] The enclosure is reproduced following this letter.

[209] Here follow the names, followed by initials, of 23 department chiefs and assistants, including the names of defendants Klemm and Mettgenberg.

[210] Both directives were taken from “Ordinances, Regulations, Announcements,” pages 377 and 378, issued by the Chancellery of the Nazi Party and published by the Central Publishing Office of the NSDAP, Frz. Eher Successor, G.m.b.H., Munich.

[211] Concerning the later establishment of special jurisdiction in criminal proceedings against members of the SS and members of police formations on special tasks, see the decree of 17 December 1939, (Klemm Doc. 29, Klemm Ex. 29), reproduced above in section IV B.

[212] Stahlhelm (Steel Helmet), an organization of German Veterans of World War I.

[213] Rudolf Hess, one of the defendants before the International Military Tribunal. See Trial of the Major War Criminals, op. cit., volumes I-XLII.

[214] Complete testimony is recorded in the mimeographed transcript, 30 April, 1 May 1947, pages 2884–2938.

[215] Otto Ohlendorf, defendant in the Einsatzgruppen Case, United States _vs._ Otto Ohlendorf, et al., Case 9, volume IV, this series.

[216] “Decree concerning the administration of Penal Justice against Poles and Jews in the Incorporated Eastern Territories” of 4 December 1941. It is reproduced below as a part of NG-715, Prosecution Exhibit 112, page 632.

[217] The opinion and judgment in the Katzenberger case, one of the trials in which defendant Rothaug was presiding judge, is reproduced below in section D 2, (NG-154, Pros. Ex. 152).

[218] Reference is made to cases under the “Law on Insidious Acts Against State and Party and for the Protection of Party Uniforms,” 20 Dec. 1934, (1393-PS, Pros. Ex. 508), reproduced above in section IV B.

[219] The role of the Party Chancellery in connection with legal matters is discussed in the extracts from the testimony of defendant Klemm reproduced below in section V D 2.

[220] Further extracts from the testimony of the defendant Klemm are reproduced below in sections V C 3, V D 2, and V F. His entire testimony is recorded in the mimeographed transcript, 3, 7, 8, 10, 11, 14, 15 July and 23 September 1947, pages 4784–4822; 4891–5025; 5027–5090; 5094–5199; 9383–9396.

[221] The defendant Klemm held a number of different official positions during the Hitler regime, the last of which was Under Secretary in the Reich Ministry of Justice. Extracts from his testimony reproduced later in this volume deal with his activities during periods when he held other positions.

[222] Reproduced earlier in this section.

[223] Further extracts from the testimony of the defendant Rothenberger are reproduced below in sections C 2 b, C 3 a and D 2. Rothenberger’s entire testimony appears in the mimeographed transcript, 16–18, 21, and 22 July, 24 September 1947, pages 5324–5381; 5400–5484; 5495–5581; 9438–9478; 9512–9515.

[224] In the preceding part of his direct examination, defendant Rothenberger testified that he had previously held the following positions, among others: judge from 1925–1927; government counselor (Regierungsrat and subsequently Oberregierungsrat) in the justice administration of Hamburg from 1927–1930; and district court director in Hamburg after 1931 (tr. 5327–5331).

[225] Later Governor General of German occupied Poland. Frank was tried and sentenced to death by the International Military Tribunal. Thierack later succeeded Frank as leader of the NSRB, and in 1944, Thierack appointed the defendant Klemm as his deputy in this organization.

[226] This is a report of a conference on 22 August 1939 between defendant Rothenberger and the SD chief in Hamburg. It is reproduced earlier in this section.

[227] Further extracts from the testimony of defendant Rothaug are reproduced later in this section and in sections V D 2, V E, and V F.

Complete testimony is recorded in the mimeographed transcript, 11–14, 18–22, 25, and 26 August 1947, pages 6754–6917, 6928–7016, 7179–7395, 7406–7470, 7474–7636, 7640–7648.

[228] Extracts from the testimony of the prosecution witness Elkar are reproduced earlier in this section.

[229] Testimony of Dr. Karl Ferber, a prosecution witness, is not reproduced herein.

[230] Doebig was a prosecution witness. His testimony is recorded in the mimeographed transcript 9, 10 August 1947, pages 1750–1872.

[231] In German legal terminology a judgment or an interlocutory ruling is described as “rechtskraeftig” if all regular means of opposing or altering it (by such means as objection and appeal) have been exhausted, or if the period of time within which objection or appeal can be taken has lapsed. The term “rechtskraeftig” in this trial, Justice Case, was usually translated as “final.”

[232] Further extracts from the testimony of the defendant Lautz are reproduced below in section V E. His entire testimony is recorded in the mimeographed transcript (23, 24, 25, 28 July 1947, pages 5761–5775, 5781–6054).

[233] Concerning the purpose of the extraordinary objection, the defendant Schlegelberger stated the following in a letter to Hitler on 6 May 1942: “In order to accelerate the setting aside of such decisions [judgments not accomplishing the unrelenting punishment of criminals], you, my Fuehrer, created the extraordinary objection to the Reich Supreme Court. With the help of this legal resource the judgment against Schlitt, which you mentioned in the session of the Reichstag, was quashed within 10 days by sentence of the Reich Supreme Court. Schlitt was sentenced to death and executed at once.” (See Doc. NG-102, Pros. Ex. 75, reproduced in sec. V C 2 a.)

[234] Dr. Escher acted as a defense lawyer for a number of accused persons during the Nazi regime and executed a number of affidavits concerning his experiences which were introduced as exhibits by the prosecution. Extracts from Dr. Escher’s cross-examination concerning his affidavit on the nullity plea appear immediately below.

[235] This decree is reproduced in part immediately above.

[236] Complete testimony is recorded in mimeographed transcript 23 May 1947, pages 3628–3641.

[237] Reproduced in part just above.

[238] Tr. 6885–6886, (12 Aug 1947). Further extracts from the testimony of defendant Rothaug are reproduced earlier in this section, and below in sections V D 2, V E, and V F.

[239] The letter to Hitler is reproduced immediately above.

[240] 1940 appears in the original, but obviously 1941 was intended.

[241] Testimony of defendant Schlegelberger concerning this document (Tr. p. 4462) is reproduced above in section V B where Schlegelberger discusses the question of the transfer of persons to the Gestapo.

[242] The newspaper clipping is reproduced on following page.

[243] Schaub was Hitler’s adjutant.

[244] Extracts from this document were also submitted as Document Petersen 2, Petersen Exhibit 5.

[245] This extract is taken from the speech as reported in the “Voelkischer Beobachter,” South German Edition, page 3, for 27 April 1942.

[246] In a unanimous decision on the same day as this speech, the Reichstag granted Hitler power to take action “without being bound by existing legal regulations” and “regardless of so-called well established right.” The Reichstag decision is reproduced on page 204 as a part of Document NG-715, Prosecution Exhibit 112.

[247] Excerpts from parts of this correspondence not reproduced in this exhibit are quoted in the extracts from Schlegelberger’s testimony reproduced at the end of this section.

[248] Pertinent parts of Hitler’s speech are contained in Document NG-752, Prosecution Exhibit 24, reproduced immediately above.

[249] See section V C 1 b, “New devices to change final court decisions--extraordinary objection and nullity plea,” for further information concerning this subject.

[250] Not reproduced herein. This letter transmitted Schlegelberger’s letter to Hitler and the decree on right of confirmation, both reproduced immediately above.

[251] The decision of the Greater German Reichstag, 26 April 1942, promulgating Hitler’s authority to act “without being bound by existing law,” is reproduced as part of Document NG-715, Prosecution Exhibit 112, on page 204.

[252] On 26 April 1942, Hitler made a speech to the Reichstag, which discussed, among other things, the role of persons concerned with the administration of justice. Extracts from this speech (NG-752, Pros. Ex. 24) are reproduced earlier in this section. Concerning Hitler’s speech, see also the letter of 7 July 1942 from the President of the Court of Appeal in Hamm to the defendant Schlegelberger (NG-395, Pros. Ex. 74) reproduced later in this section.

[253] Concerning the treatment of so-called “asocial elements,” see Thierack’s memorandum on decisions made in conference with Himmler on 18 September 1942 (654-PS, Pros. Ex. 39), reproduced in section V C 3 a, and Crohne’s notes on a conference of 9 October 1942 (662-PS, Pros. Ex. 263), reproduced in section V D 2.

[254] Numerous persons have stated that Hitler died in the air-raid shelters under the garden of the Reich Chancellery just before Germany’s unconditional surrender to the Allies in 1945.

[255] Thierack became Reich Minister of Justice in August 1942. From March 1941 until Thierack’s appointment, the defendant Schlegelberger had been Acting Reich Minister of Justice.

[256] Further extracts from the testimony of defendant Schlegelberger are reproduced above in sections IV E and V B, and below in sections V D 2, V D 3 and V E.

[257] These documents are reproduced in this section with the exception of Document NG-505, Prosecution Exhibit 71, which is reproduced below in section V D 2. It is a letter signed by defendant Schlegelberger concerning “mild sentences against Poles,” dated 24 July 1941.

[258] Reproduced above in this section.

[259] For testimony of defendant Schlegelberger on the general question of transfer of persons to the police, see extracts from his testimony reproduced in section V B.

[260] Not to be mistaken for Martin Bormann, chief of the Party Chancellery, whose name appears in a number of the contemporaneous documents reproduced herein.

[261] Cf. Rothenberger’s “Reflections on a National Socialist Judicial Reform,” Document NG-075, Prosecution Exhibit 27, reproduced above.

[262] Not to be confused with The Enabling Act of 24 March 1933 reproduced on page 163 (Doc. NG-715, Pros. Ex. 112).

[263] Other extracts from the testimony of the defendant Rothenberger appear in sections V C 1 a, V C 3 a and V D 2.

[264] Reproduced earlier in this section.

[265] See the extracts from the testimony of defendant Rothenberger reproduced in section V C 1 a.

[266] Earlier in his direct examination the defendant Rothenberger had testified--“In 1929 I was in England for about 8 months. There I studied the organization and structure of the English courts, the position of the English judges, the positions of the masters and the registrars, and the relations of the barristers and solicitors to the court. I studied these in detail. I worked at the high court of justice with a barrister and with a solicitor. * * *” (Tr. p. 5331).

[267] Reproduced in section C 2 b, above.

[268] Reference is made to Rothenberger’s “Reflections on a National Socialist Judicial Reform,” (Doc. NG-075, Pros. Ex. 27), reproduced at the beginning of this section.

[269] Extracts from this speech as reported in the “Voelkischer Beobachter” are reproduced in section V C 2 a (Doc. NG-752, Pros. Ex. 24).

[270] Reich Minister Thierack’s minutes concerning this conference are reproduced immediately below (Doc. 654-PS, Pros. Ex. 39).

[271] See the testimony of defendant Rothenberger concerning this notation and Thierack’s minutes of the meeting, reproduced later in this section.

[272] Thierack wrote a letter to Bormann on this subject on 13 October 1942, entitled “Administration of Criminal Justice against Poles, Russians, Jews, and Gypsies.” (See Doc. NG-558, Pros. Ex. 143, reproduced in section V D 2.)

[273] Kuemmerlein was Thierack’s adjutant.

[274] SS General Otto Ohlendorf was commanding officer of Einsatzgruppe D, one of the special task forces assigned to exterminate “undesirable elements” in the East. He was also chief of Office III of the Reich Security Main Office (RSHA) from 1939–1943. Ohlendorf and a number of his codefendants were sentenced to death in the Einsatzgruppen Case (United States _vs._ Otto Ohlendorf, et al., Case 9, vol. IV, this series).

[275] This document is referred to in the testimony of defendant Schlegelberger, reproduced in section IV E.

[276] The IMT in its judgment found Gauleiter to be within the group of persons of the Leadership Corps of the Nazi Party declared by the Tribunal to be criminal. See Trial of the Major War Criminals, op. cit., volume I, pages 257–262.

[277] Further extracts from the testimony of defendant Rothenberger are reproduced in sections V C 1 a, V C 2 b, and V D 2.

[278] Document NG-059, Prosecution Exhibit 38, and Document 654-PS, Prosecution Exhibit 39, are reproduced above in this section.

[279] Reference is made to Rothenberger’s “Reflections on a National Socialist Judicial Reform,” (NG-075, Pros. Ex. 27), reproduced at the beginning of section V C 2 b.

[280] Reproduced in section V C 2 a. It is a situation report of 4 July 1941 from defendant Rothenberger to defendant Schlegelberger.

[281] Document 654-PS, Prosecution Exhibit 39, reproduced earlier in this section.

[282] Prosecution Exhibit 38, the first document reproduced in this section.

[283] Document 648-PS, Prosecution Exhibit 264, reproduced in section V B.

[284] Document 701-PS, Prosecution Exhibit 268, reproduced in section V B.

[285] Document NG-558, Prosecution Exhibit 143, reproduced in section V D 2.

[286] This section of the document discusses the interpretation of the “Decree against Public Enemies,” 5 September 1939, reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 188.

[287] This announcement was taken from “Ordinances, Regulations, Directives,” 1942, (vol. II, p. 377 ff.), issued by the Nazi Party Chancellery and published by the Central Publishing Office of the NSDAP, Frz. Eher Successor, G.m.b.H., Munich.

[288] The technical German term for this type of letter was “Lenkungsbrief” (“guidance letter” or “directing letter”). They differed from the “Judges’ Letters” of Thierack insofar as they were not circulated generally but rather addressed to specific courts. See the extracts from the testimony of defendant Klemm reproduced later in this section for discussion of these letters.

[289] A list of 28 more cases follows.

[290] This is the abbreviated designation for the “Decree concerning special criminal law in time of war and special emergency,” signed on 17 August 1938 but not promulgated until 26 August 1939. The pertinent provisions of article 5 of this law, which define the crime of “undermining the German military efficiency” are reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 184.

[291] Further extracts from the testimony of defendant Klemm are reproduced in sections V C 1 a, V C 3 d, V D 2, and V F.

[292] Klemm and his counsel divided Klemm’s direct examination principally into four phases of activity during the Hitler regime. Klemm testified that the first phase included two different assignments. From 1933 until March 1935, he was personal Referent and adjutant to Thierack who was at that time, Minister of Justice for Saxony. From March 1935 until he was conscripted as a soldier, Klemm testified that he was an official in Department III (later Department IV) of the Reich Ministry of Justice in Berlin. He testified that here he reached the rank of ministerial counsellor and acted as liaison officer between the Ministry and the supreme leadership of the SA (Storm Troops) of the Nazi Party. The second phase, Klemm testified, was an assignment on the staff of the German civilian administration in the Netherlands from July 1940 to March 1941, where he introduced German penal administration for German citizens in Holland and acted as liaison between Reich Commissioner Seyss-Inquart and the Dutch administration of justice. Klemm testified that the third phase was from 17 March 1941 to January 1944. During this period he was on the staff of the deputy of the Fuehrer (Rudolf Hess, until Hess flew to Scotland on 10 May 1941) and then on the staff of the Party Chancellery (which was created with Martin Bormann as its chief after Hess’ flight to England). Here Klemm was the chief of Group III-C, administration of justice, of the Party Chancellery. (See Klemm’s testimony reproduced in section V D 2.) Klemm testified that the fourth and last phase began when in January 1944, Thierack, at that time Reich Minister of Justice, had him appointed Under Secretary in the Reich Ministry of Justice as successor to defendant Rothenberger. (See the extracts from the testimony of defendant Rothenberger reproduced in section V C 3 a.) In 1944 and early 1945, Klemm resided in Thierack’s house in Berlin.

[293] This is a Judge’s Letter, issued for March and April 1944. It was entitled “Plunderers and public enemies during air raids,” and contains 26 case histories with comments by the Reich Minister of Justice. It is not reproduced herein.

[294] Guidance letters of 5 July 1944 and of 1 March 1945 reproduced earlier in this section.

[295] Mr. LaFollette, Deputy Chief Counsel, stated the following concerning the prosecution’s purpose in offering this document in evidence: “I briefly stated this morning with reference to the other brief [Judges’ Letters] and to this brief [Lawyers’ Letter] that the prosecution offers them as evidence for the purpose of showing that there was a direct controlled judiciary and bar. We are not offering these documents as evidence of any particular act contained therein, but since we offer them, we are to some extent bound by them and our purpose of offering them is to prove there was a connection” (Tr. p. 412). Mr. LaFollette also stated that this was the only Lawyers’ Letter known to the prosecution.

[296] General Warlimont was convicted for his participation in the “Terror Flier” program in the High Command Case, United States vs. Wilhelm von Leeb, et al., Case 12, volumes X and XI. Extracts from his testimony on this question are reproduced in section VII C 5, volume X, this series.

[297] Kaltenbrunner was appointed chief of the Security Police and SD and head of the Reich Security Main Office (RSHA) on 30 January 1943. He was sentenced to death by the International Military Tribunal. See Trial of the Major War Criminals, op. cit., volume I, page 365.

[298] Karl Ritter was ambassador for special assignments in the German Foreign Office from 1939–1945, and liaison officer between von Ribbentrop, the Foreign Minister, and Keitel, the Chief of the High Command of the Armed Forces (OKW). Ritter was a defendant in the Ministries Case, United States _vs._ Ernst von Weizsaecker, et al., Case 11, volumes XII-XIV, this series.

[299] “Special treatment by the SD” generally meant killing of the persons in question by the Security Service. This subject is extensively treated in the High Command Case, United States _vs._ Wilhelm von Leeb, et al., Case 12, volumes X and XI, this series.

[300] Concerning the scope of the physical distribution of this circular, see the discussion in the judgment of the IMT concerning “The Leadership Corps of the Nazi Party.” Under the heading “Structure and component parts,” the IMT stated that “The Kreisleiter were the lowest members of the Party hierarchy who were full-time paid employees” (Trial of the Major War Criminals, op. cit., vol. I, p. 257).

[301] Helmuth Friedrichs, Chief of the Division II, the party-political division, of the Nazi Party Chancellery.

[302] The circular letter, Document NG-364, Prosecution Exhibit 108, is reproduced above in this section.

[303] Complete testimony is recorded in the mimeographed transcript, 22 September 1947, pages 9302–9315.

[304] The actual directive of Thierack was not found or introduced in evidence. However, see Thierack’s handwritten note on Document 635-PS, Prosecution Exhibit 109, reproduced immediately above.

[305] Ludwig Kluettgen was tried and sentenced to death by a General Military Government Court at Dachau, Germany, 11 and 12 August 1947. His execution was carried out on 29 October 1948.

[306] Further extracts from the testimony of the defendant Klemm are reproduced above in sections V C 1 a and V C 3 b, and below in sections V D 2 and V F.

[307] These documents are reproduced earlier in this section.

[308] At the time the defendant Klemm was Under Secretary in the Reich Ministry of Justice.

[309] See Klemm Document 68a, Klemm Exhibit 68a, the first document reproduced in this section.

[310] Translation of entire document appears in Nazi Conspiracy and Aggression, (U.S. Government Printing Office, Washington, 1946) volume IV, pages 186–189.

[311] These documents are reproduced above in this section.

[312] The first part of this report on the conference is reproduced in section B. It dealt with attacks on judicial actions in the official SS magazine and questions of prosecuting those who committed criminal offenses during the widespread violence against Jews during “Crystal Week,” 9–11 November 1938.

[313] Document is not signed.

[314] Paragraph (5) is not included in original document.

[315] This ordinance was promulgated in the 1938 Reichsgesetzblatt, part I, page 1044. It provided that beginning 1 January 1939, male Jews must add “Israel” and female Jews “Sara” as their first or middle names unless they already used such names. This provision applied to all German Jews but not to Jews in Austria or Jews of foreign nationality. The aim was to identify Jewish persons as Jews by their names.

[316] At this time the Reich Minister of the Interior was Frick and the Fuehrer’s Deputy was Hess. Both were tried in Nuernberg before the International Military Tribunal.

[317] Only the third draft (_c_) is reproduced herein.

[318] The text of the decree of 21 March 1933 is reproduced on page 218.

[319] Document 1393-PS, Prosecution Exhibit 508, reproduced above in section IV B.

[320] Reproduced in part as a part of Document NG-715, Prosecution Exhibit 112, on page 182.

[321] Reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 185.

[322] Ibid., p. 187.

[323] Ibid., p. 188.

[324] Reproduced in part as a part of Doc. NG-715, Pros. Ex. 112, on p. 192.

[325] Ibid., p. 193.

[326] Reproduced as a part of Doc. NG-715, Pros. Ex. 112, on p. 218.

[327] Part of the background of this decree is shown by the letter of defendant Schlegelberger to the Reich Minister of the Interior and to the Fuehrer’s deputy of 3 February 1940, which transmitted a proposed draft for this decree (NG-880, Pros. Ex. 459) reproduced in part earlier in this section.

[328] Articles I and III of this decree were omitted from the document as offered in evidence by defense counsel. Article I is entitled, “Introduction of Reich Legal Regulations” and lists a large number of Reich laws most of which are contained in article 1 of the proposed draft of the Reich Ministry of Justice (NG-880, Pros. Ex. 459) reproduced in part earlier in this section.

[329] Document Schlegelberger 60, Schlegelberger Exhibit 26, reproduced in part earlier in this section.

[330] Schlegelberger’s draft (NG-331, Pros. Ex. 343) is reproduced following this letter.

[331] Defendant Schlegelberger testified concerning this document and his draft of a proposed ordinance (NG-331, Pros. Ex. 343, immediately following). The pertinent extracts from Schlegelberger’s testimony are reproduced near the end of this section. The decree ultimately issued by the Ministerial Council for the Defense of the Reich was dated 4 December 1941. It is reproduced on page 632.

[332] The transmittal letter from Schlegelberger to Lammers (NG-144, Pros. Ex. 199) appears immediately above. File notes of the Reich Chancellery concerning Schlegelberger’s draft (NG-130, Pros. Ex. 200) are reproduced just below.

[333] Document Schlegelberger 60, Schlegelberger Ex. 26, reproduced earlier in this section.

[334] This draft by defendant Schlegelberger (NG-331, Pros. Ex. 343) is reproduced immediately above.

[335] Schlegelberger’s explanatory letter of 17 April 1941 (NG-144, Pros. Ex. 199) is reproduced above in this section.

[336] Hans Frank, Governor General of Poland, was a defendant before the International Military Tribunal. See Trial of the Major War Criminals, op. cit., volumes I-XLII.

[337] Words denoting colors are explained in the testimony of defendant Klemm on pp. 589 ff.

[338] Document NG-144, Prosecution Exhibit 199, reproduced earlier in this section.

[339] The enclosure was not a part of this document as offered in evidence.

[340] The text of the Reich Citizenship Law is reproduced on page 180.

[341] Id.

[342] Document Schlegelberger 60, Schlegelberger Exhibit 26, reproduced in part above in this section.

[343] Stuckart was a defendant in the Ministries Case (United States _vs._ Ernst von Weizsaecker, et al., Vols. XII-XIV, this series).

[344] On the same day, 31 May 1941, the three persons signing this decree also signed a “second decree for the execution of the Law for the Protection of German Blood and Honor,” which is reproduced immediately below.

[345] Reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 188.

[346] This circular letter was discussed during the direct examination of defendant Schlegelberger in connection with a number of other documents reproduced above in section C 2 a.

[347] A supplementary decree of 31 January 1942, signed by defendant Schlegelberger and Dr. Pfundner of the Reich Ministry of Interior, is reproduced later in this section (NG-665, Pros. Ex. 346).

[348] Document Schlegelberger 60, Schlegelberger Exhibit 26, reproduced earlier in this section.

[349] This article was published in the periodical “German Justice [Deutsche Justiz], Administration of Justice and Judicial Policy,” 104th year, Edition A, Number 2, Berlin, 9 January 1942, (p. 25 ff.).

[350] Proceedings started by the injured in order to force the public prosecutor to lodge an indictment.

[351] This decree is reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 632.

[352] Under German law, “Armenrecht,” or the benefits of the _forma pauperis_, are to be granted to plaintiffs or defendants who are destitute. The benefits consist, principally, of the exemption from court fees and the assignment of an _ex officio_ lawyer, free of cost, where representation by counsel is required by law.

[353] Of the seven persons to whose attention the copies of this letter were sent, two were tried in Nuernberg--Dr. Stuckart in the Ministries Case (United States _vs._ Ernst von Weizsaecker, et al., vols. XII-XIV, this series); and SS General Hofmann in the RuSHA Case (United States _vs._ Ulrich Greifelt, et al., vols. IV-V, this series). The activities of Luther, Under Secretary in the Foreign Office, were often brought into issue in the Ministries Case.

[354] First degree presumably those with two non-Aryan grandparents and second degree with only one.

[355] Julius Streicher, editor of “Der Stuermer” and Gauleiter of Franconia, the province in which Nuernberg is located, was sentenced to death by the International Military Tribunal.

[356] This is one of a number of opinions and sentences by extraordinary German courts which were received in evidence. In some of these cases one of the defendants sat as presiding judge or as a member of the court. In some the defendant Lautz or one of his representatives acted as prosecutor. For an opinion and sentence of the Nuernberg Special Court in which the defendant Oeschey presided, see the Kaminska case, decided on 29 October 1943 (NG-457, Pros. Ex. 201), reproduced later in this section.

[357] “Law for the Protection of German Blood and Honor,” 15 September 1935, one of the two original Nuernberg laws, is reproduced on page 180 (NG-715, Pros. Ex. 112).

[358] See Document NG-129, Prosecution Exhibit 355, reproduced immediately above.

[359] Reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 632.

[360] This supplementary decree, signed by defendant Schlegelberger and Dr. Pfundner, is reproduced earlier in this section (NG-665, Pros. Ex. 346).

[361] In discussing this subject with Himmler, the Reich Leader SS, on 18 September 1942, Thierack used the words “special treatment at the hands of the police,” and “delivery of asocial elements * * * to the Reich Leader SS to be worked to death.” See Thierack’s memorandum of his conference with Himmler, Document 654-PS, Prosecution Exhibit 39, reproduced in section V C 3 a.

[362] Not counting the small number of sentences on the basis of former Polish, Austrian, or Czech law, as well as the decrees of the Reich Protector of Bohemia and Moravia.

[363] Not reproduced herein.

[364] Reproduced at the end of this document.

[365] It will be noted that the statistics do not include persons _outside_ the Greater German Reich, for example, in the Government General.

[366] Including dual punishment. Compare also annotation 1 of chart 1.

[Chart 1 is not reproduced herein.]

[367] Sentenced by virtue of the Penal Ordinance for Poles, dated 12 April 1941.

[368] Selections from the correspondence of various Reich authorities concerning the drafting of this law are reproduced immediately below in Document NG-151, Prosecution Exhibit 204.

[369] Reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 632.

[370] The thirteenth regulation under the Reich Citizenship Law, dated 1 July 1943 (NG-715, Pros. Ex. 112), is reproduced immediately above.

[371] The German word “Rechtsmittel” is a technical term, meaning “writs” (such as writ of appeal, writ of certiorari, writ asking for a revision) which aims at changing a decision of a court, be it a judgment or an interlocutory ruling. In the present case, the term “Rechtsmittel” was usually translated, “legal rights” or “legal remedies.”

[372] The letter of 12 August 1942, with enclosed draft, of the Goebbels ministry, was not a part of the document introduced in evidence.

[373] This letter is reproduced immediately below.

[374] By this time, measures for the “final solution” of the Jewish question were well under way. See, for example, the following contemporaneous documents reproduced earlier in this volume: 654-PS, Prosecution Exhibit 39 (sec. V C 3 a); 648-PS, Prosecution Exhibit 264 (sec. V B); and NG-558, Prosecution Exhibit 143, reproduced previously in this section. See also the materials contained in the volumes on the Pohl Case, United States _vs._ Oswald Pohl, et al., Volume V, this series, and the Ministries Case, United States _vs._ Ernst von Weizsaecker, et al., Volumes XII-XIV, this series.

[375] The decree of 5 August 1943 was not with the copy of the document introduced in evidence.

[376] Dr. Vollmer was a Ministerialdirektor in the Reich Ministry of Justice and chief of division IV--penal jurisdiction and penal legislation.

[377] For an opinion and judgment of the Nuernberg Special Court, with defendant Rothaug presiding, see Document NG-154, Prosecution Exhibit 152, reproduced earlier in this section.

[378] The testimony of defendant Oeschey concerning this case is reproduced subsequently in this section.

[379] Dr. Franz Gros was called as a prosecution witness concerning this case. His testimony, none of which is reproduced herein, is recorded in the mimeographed transcript (30 April 1947), pages 2826–2882.

[380] Dr. Theodor Pfaff was called as a prosecution witness concerning this case. His testimony, none of which is reproduced herein, is recorded in the mimeographed transcript (27 May 1947), pages 3642–3650.

[381] The words which appear italicized and in parentheses were crossed out in the original.

[382] The proposed insert appears at the end of the document.

[383] Further extracts from the testimony of the defendant Schlegelberger are reproduced above in sections IV E, V B, and V C 2 a; and below in sections V D 3 and V E.

[384] The reference is to the “Decree concerning the Administration of Penal Justice against Poles and Jews in the Incorporated Eastern Territories,” reproduced on page 632 (NG-715, Pros. Ex. 112).

[385] Document NG-219, Prosecution Exhibit 42, reproduced above in section C 3 a.

[386] Document Schlegelberger 79, Schlegelberger Exhibit 72, was a law of 25 March 1939 amending the German Civil Service Law. Document Schlegelberger 80, Schlegelberger Exhibit 73, was the third law amending the German Civil Service Law of 21 October 1941, neither of which are reproduced.

[387] Reproduced earlier in this subsection.

[388] For contemporaneous documents concerning labor camps in German-occupied Poland, see the Pohl Case, United States _vs._ Oswald Pohl, et al., Volume V, this series.

[389] Document NG-151, Prosecution Exhibit 204 is reproduced previously in this section.

[390] Schlegelberger refers to his letter of 13 August 1942 to the Reich Minister of Public Enlightenment and Propaganda, Dr. Goebbels, making specific proposals for the wording of the decree. This letter is reproduced earlier in this section as part of a lengthy correspondence on the matter (Doc. NG-151, Pros. Ex. 204).

[391] Schlegelberger refers to decisions taken by Thierack after consultations with Reich Leader SS Himmler on 18 September 1942. See Thierack’s own memorandum of this conference (654-PS, Pros. Ex. 39) reproduced in section C 3 a, and Thierack’s letter to Bormann of 13 October 1942 (NG-558, Pros. Ex. 143) reproduced earlier in this section.

[392] Reproduced earlier in this section.

[393] The reference is to a provision in German law whereby a person who has been granted the benefits of the _forma pauperis_ but who, later on, ceases to be poor, must pay the court and lawyer’s fees from which he had been exempted.

[394] Document NG-880, Prosecution Exhibit 459, is reproduced earlier in this section.

[395] Document Schlegelberger 60, later received in evidence as Schlegelberger Defense Exhibit 26, is reproduced earlier in this section.

[396] Here defense counsel makes two erroneous references, as both the contemporaneous documents and Schlegelberger’s ensuing testimony show. The pertinent penal ordinance concerning Poles and Jews was promulgated on 4 December 1941, and it was introduced in evidence as part of Document NG-715, Prosecution Exhibit 112, reproduced on page 632. On the other hand, Prosecution Exhibit 343, which defense counsel mentions, is a draft for a penal ordinance on Poles and Jews by defendant Schlegelberger. He transmitted this draft to the Reich Chancellery on 17 April 1941 with a long letter of explanation (NG-144, Pros. Ex. 199). Both the transmittal letter by Schlegelberger and the proposed draft are reproduced earlier in this section, and both are discussed in the following testimony by the defendant.

[397] Document NG-227, Prosecution Exhibit 341, is not reproduced herein. It contains, among other items, a note prepared in the Reich Ministry of Justice, dated 26 November 1940, stating that “the Deputy of the Fuehrer [Rudolf Hess] thinks it best to rescind the application of the German Penal Code in the new eastern provinces and to create a penal code a special dominating principle of which must be to deter by fear and there must be a possibility of pronouncing a sentence of corporal punishment. The law of criminal procedure must not allow for obstruction; here the deputy of the Fuehrer is in favor of police courts martial rather than law courts.”

[398] This draft (NG-331, Pros. Ex. 343) is reproduced earlier in this section just following Schlegelberger’s letter of 17 April 1941 (NG-144, Pros. Ex. 199) transmitting the draft to Lammers, Chief of the Reich Chancellery.

[399] Document NG-144, Prosecution Exhibit 199, dated 17 April 1941, reproduced earlier in this section.

[400] Decree concerning the administration of penal justice against Poles and Jews, 4 December 1941 (NG-715, Pros. Ex. 112), reproduced on page 632.

[401] Extracts from this article were offered in evidence as Document Schlegelberger 61, Schlegelberger Exhibit 27, reproduced earlier in this section.

[402] This is an undated table entitled “Death Sentences.” It lists 115 persons delivered to jail between 24 April 1942 and 1 September 1944, all having been sentenced by the Special Court in Stuttgart. However, in a column headed “Execution,” the table shows that five of the cases were either sentences for a term of years or possibly cases where death sentences were changed to imprisonment for a term of years. The entry under the heading “Execution” for the two cases mentioned by Schlegelberger are for Pitra, “8 years’ prison camp” and Wozniak, “5 years’ prison camp, beginning September 1942.”

[403] Reference is made to article I of the Supplementary Decree concerning the Administration of Penal Justice against Poles and Jews in the Incorporated Eastern Territories, a decree signed by the defendant Schlegelberger and Dr. Pfundner. This decree (NG-665, Pros. Ex. 346) is reproduced earlier in this section.

[404] Reproduced earlier in this section.

[405] The two original Nuernberg laws, the Reich Citizenship Law and the Law for the Protection of German Blood and Honor, were both announced at Nuernberg on 15 September 1935. The second law is reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 180.

[406] This document is reproduced earlier in this section.

[407] Other extracts from the testimony of the defendant Klemm are reproduced above in sections V C 1 a, V C 3 b, V C 3 d, and below in section V F.