17 Dec. 45

More than this, as will be shown, the members of the Leadership Corps themselves actively participated in the commission of illegal measures in aid of the conspiracy. In the light of the evidence to be offered this Tribunal, the Leadership Corps may be fairly described as the brain, the backbone, and the directive arms of the Nazi Party. Its responsibilities are more massive and comprehensive than those of the army of followers it led and directed in the assault against the peace-loving peoples of the world. Accordingly, upon the record made in this case and now to be enlarged upon, the Prosecution requests this Tribunal to declare that the Leadership Corps of the Nazi Party is a criminal group or organization in accordance with Article 9 of the Charter.

At this time I should like to submit to the Tribunal the document book supporting the brief as Exhibit USA-V.

If Your Honors please — diverting from the manuscript — during the recess there was placed upon your bench the document book, which has each document marked by tab and each quoted portion embraced by red pencil marks for the assistance of Your Honors. In addition, we have handed up two documents that have already been introduced in evidence: An enlarged copy of this chart, more detailed, which Your Honors have before you, and another chart, in photostatic form, with reference to the Leadership Corps; and both of those will be identified later.

I now proceed to present the proof relating to the composition, the functions, and the responsibilities and powers of the Leadership Corps of the Nazi Party. First, what was the Leadership Corps ...

DR. ROBERT SERVATIUS (Counsel for the Leadership Corps of the Nazi Party): After the last meeting I received a statement by Justice Jackson with the proposal concerning the taking of evidence and the time for the discussion of certain questions which will arise. I cannot understand the scope of these proposals, and must therefore ask that I may at some time speak about these points again, if it is necessary.

THE PRESIDENT: Of course, counsel will have the opportunity of making a full argument in answer to the argument presented on behalf of the Prosecution.

What I understood from Mr. Justice Jackson on Friday was that he proposed that the evidence on the question of criminal organizations should be presented first, and the argument presented afterwards.

Counsel for the organizations will, as I stated this morning, have the opportunity of calling evidence in answer to the evidence of the Prosecution, and will also have the opportunity of making whatever argument they think right in answer to the evidence and argument presented on behalf of the Prosecution.