18 Dec. 45

appears in our document book as Document 2261-PS. That document contains the unpublished Reich Defense Law of 21 May 1935. As to the membership of that Council when first created, I have here a copy of the minutes of the second session of the working committee of the delegates for the Reich defense, dated 22 May 1933, and signed by the Defendant Keitel. It appears in our document book as EC-177, Exhibit USA-390. The composition of the Reich Defense Council appears on Page 3 of 'the original, and also on Page 3 of the translation:

THE PRESIDENT: I thought you were going to refer to 2261-PS.

COL. STOREY: If Your Honor pleases, I just referred to it as being an exhibit already in evidence and said that it was one of the unpublished Reich defense laws. That was the only purpose in referring to it.

The quotation is from Page 3 of the translation, beginning at the top of the page:

"Composition of the Reich Defense Council:

"President, Reich Chancellor; Deputy, Minister of the Reichswehr; Permanent Members, Minister of the Reichswehr, Reich Minister for Foreign Affairs, Reich Minister of the Interior, Reich Minister of Finance, Reich Minister of Economic Affairs, Reich Minister for Public Enlightenment and Propaganda, Reich Air Ministry, Chief of the Army Command Staff, Chief of the Navy Command Staff, and — as the case may be — the remaining Reich Ministers, other personalities, for example, leading industrialists, et cetera."
All but the Chiefs of the Army and Navy Command Staff were, then, component parts of the ordinary Cabinet. The composition of this Defense Council was changed in 1938. 1 refer the Tribunal to Exhibit USA-36, which appears in our document book as Number 2194-PS. This. contains the unpublished Reich Defense Law of 4 September 1938.

I now quote from Paragraph 10, entitled "The Reich Defense Council," which is found at Page 4 of the copy of the law in the Original; and I now quote from Page 6 of the English translation, the top of the page:

"(2) The Führer and Reich Chancellor is chairman in the Reich Defense Council. His permanent deputy is General Field Marshal Göring he has the authority to call conferences of the Council. Permanent members of the Council are:

"Reich Minister of Air and Supreme Commander of the Air Force, the Supreme Commander of the Army, the Supreme Commander of the Navy, the Chief of the OKW, the Führer's