17 Dec. 45
annihilation, the Führer must have
all the rights postulated by him which serve to further or achieve
victory. Therefore, without being bound by existing legal regulations,
in his capacity as leader of the nation, Supreme Commander of the
Armed Forces, Governmental Chief and Supreme Executive Chief, as
Supreme Justice and as leader of the Party, the Führer must be in
the position to force with all means at his disposal every German, if
necessary whether he be a common soldier or officer, low or
high, official or judge, leading or subordinate official of the Party,
worker or employee to fulfill his duties. In case of violation
of these duties, the Führer is entitled, after conscientious
examination, regardless of so-called well-deserved rights, to mete out
due punishment and to remove the offender from his post, rank, and
position without introducing prescribed procedures.
"At the order of the Führer this decision is hereby made
public. Berlin, 26 April 1942."
Hitler, himself, perhaps, best summarized the political realities of his
Germany which constituted the basis for the Prosecution's submission
that the Leadership' Corps of the Nazi Party and its following
effectively dominated the State. The core and crux of the matter was
stated by Hitler in his speech to the Reichstag on 20 February 1938,
when he declared, in effect, that every institution in Germany was under
the direction of the Leadership Corps of the Nazi Party.
I cite as the Prosecution's final exhibit in support of the proposition
that the Leadership Corps dominated the German State with resulting
responsibility, Document 2715-PS, which is the book containing Hitler's
speech to the Reichstag on the 20th of February 1938, as reported in
Das Archiv, Volume 47, February 1938, Pages 1441 and 1442. 1
quote a brief excerpt from Document 2715-PS; and I introduce it as
Exhibit USA-331:
"National Socialism has given the
German people that leadership which as Party not only mobilizes the
nation but also organizes it, so that on the basis of the natural
principle of selection, the continuance of a stable political
leadership is safeguarded forever .... National Socialism ....
possesses Germany entirely and completely since the day when, 5 years
ago, I left the house in Wilhelmsplatz as Reich Chancellor. There is
no institution in this State which is not National Socialist. Above
all, however, the National Socialist Party in these 5 years has not
only made the nation National Socialist but also has given itself that
perfect organizational structure which guarantees its preservation for
all the future. The greatest guarantee of the National Socialist
revolution lies