of the Hitler Government was the policy of
aggression. For this reason the members of the Secret Council should
be held responsible for this policy There were attempts in Court to
represent the Secret Council as a fictitious organization, never
actually functioning. This however is an inadmissible position. It is
sufficient to recall Rosenberg's letter to Hitler where the former
insistently tried to be appointed member of the Secret Council of
Ministers to appreciate fully the significance of the Council.
Even more important practically in conducting aggressive warfare
was the Reich Defense Council headed by Hitler and Göring. The
following were members of the Defense Council, as is well known:
Hess, Frick, Funk, Keitel, Raeder, Lammers (PS-2194; PS-2018).
Göring characterized the function of the Defense Council and
its role in war preparations as follows, during the Court session of
23 June 1939: "The Defense Council of the Reich was the
deciding Reich organ on all questions concerning preparation for
war" (PS-3787, USA-782).
At the same time Göring emphasized the fact that "the
meeting of the Defense Council always took place for the purpose of
making the most important decisions". From the minutes of these
meetings, submitted as evidence by the Prosecution, it is quite clear
that the Council made very important decisions indeed. The minutes
also show that other Cabinet Ministers sometimes took part in the
meetings of the Defense Council alongside the members of the Council
when war enterprises and war preparedness were discussed.
For example, the following Cabinet Ministers took part in the
meeting of 23 June 1939: of Labor, of Food and Agriculture, of
Finance, of Communication, and a number of others, while the minutes
of the meeting were sent to all the members of the Cabinet (US-782).
The verdict of the Tribunal justly points out certain
peculiarities of the Hitler Government as the directing organ of the
State, namely. the absence of regular cabinet meetings, the
occasional issuance of laws by the individual Ministers having
unusual independence of action, the tremendous personal power of
Hitler himself. These peculiarities do not refute but on the contrary
further confirm the conclusion that the Hitler Government is not an
ordinary rank and file cabinet but a criminal organization.
Certainly Hitler had an unusual measure of
personal power but this in no way frees of responsibility the members
of his Cabinet who were his convinced followers and the actual
executors of his program until and when the day of reckoning arrived.
I consider that there is every reason to declare the Hitler
Government a criminal organization.