8 Jan. 46

While these men may be characterized perhaps as cruel, callous, or inhuman, they certainly may not be called dull or stupid. They knew, and had had the opportunity to observe, the manifestations of Nazi violence and Nazi methods as the pattern of the swastika developed. They knew the nature of what they were getting into. Therefore they must be presumed to have had the desire to participate — and participate they did — voluntarily, and so we submit that it may not validly be inferred that they did not join the stream of the conspiracy with their eyes open, scienter, as the conspiracy gathered momentum and developed into a rushing torrent.

Much evidence has already been admitted by the Tribunal of the overt acts of these defendants, as well as of their fellow conspirators. We shall make no effort at this time to present an exhaustive recital of all crimes planned or initiated by these defendants for which they must bear full responsibility beyond peradventure. The world already knows more of the evil deeds of these men and of their co-conspirators than the Prosecution possibly could hope to establish within the reasonable limits of time and of men's patience. At this point we shall attempt to focus attention merely to illustrative criminal conduct of the individual conspirators.

There is an advantage to proceeding, we submit, as we propose to do, with the permission of the Tribunal, to show in outline the extent to which these defendants have become implicated in the serious charges against them. In the case of many of these conspirators, a recital of their crimes will relate to their planning of several of the categories of crimes described in Counts One and Two of the Indictment. We shall draw these various threads together and show, as I have said, the outline of the completed proof, as it were, within Count One of the Indictment, against the individual conspirators.

Thus, on behalf of the United States, I shall commence to show how some of these defendants fit into the broad stream of the Common Plan or Conspiracy to wage aggressive war and the extent of their individual responsibility for their acts in pursuance of that conspiracy.

First of all, we mention the late Defendant Robert Ley who, by recourse to self-destruction, has escaped all punishment for his participation in the conspiracy.

Next we mention Gustav Krupp von Bohlen und Halbach, the action against whom has been severed from this proceeding.

Nevertheless, it should be noted that documentary proof has been offered and will be offered in support of the allegations of the Indictment that implicate both Ley and Krupp as co-conspirators, for whose crimes the remaining defendants also must accept responsibility.