23 Nov. 45

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 not only has made the nation National Socialist, but also has given itself the perfect organizational structure which guarantees its permanence for all future. The greatest guarantee of the National Socialist revolution lies in the complete domination of the Reich and all its institutions and organizations, internally and externally, by the National Socialist Party. Its protection against the world abroad, however, lies in its new National Socialist armed forces....

"In this Reich, anybody who has a responsible position is a National Socialist.... Every institution of this Reich is under the orders of the supreme political leadership.... The Party leads the Reich politically, the Armed Forces defend it militarily.... There is nobody in any responsible position in this state who doubts that I am the authorized leader of the Reich."

Thus spoke Adolf Hitler at the end of this period on the 20th of February 1938.

COL. STOREY: If the Tribunal please...

DR. ALFRED SEIDL (Counsel for Defendant Frank): Mr. President, may I make a few short remarks in this connection? The defendants were given, along with the Indictment, a list of the documents. This list contains the following preamble:

"Each of the defendants is hereby informed that the Prosecution will use some or all of the documents listed in the appendix in order to corroborate the points enumerated in the Indictment."

Now, the Chief Prosecutor introduced in court this morning about 12 documents and a scrutiny of that list revealed that not a single one of the documents is mentioned. Thus, already now, at the very beginning of the Trial, we are confronted with the fact that not only are documents presented to the Court without the defendant being acquainted with their contents, but that documents are being used as documentary evidence which are not even listed.

Not a single one of these documents is mentioned in the list and I must confess that an adequate defense is altogether impossible under these circumstances. I therefore move: