17 Dec. 45

According to the Party manual, the Hoheitsträger had the same authority to call upon the services of the SS and NSKK as they possessed with respect to the SA.

With respect to the authority of the Hoheitsträger to call upon the services of the Hitler Youth (the HJ), the Party manual states, and I quote from Page 11, the last paragraph of that translation:

"The political leader has the right to requisition the HJ" - that is the Hitler Jugend — "in the same manner as the SA for the execution of a political action ....

"In appointing leaders of the HJ ... the office of the HJ must procure the approval of the Hoheitsträger of its zone. This means that the Hoheitsträger can prevent the appointment of leaders unsuited for the leadership of youth. If his approval has not been procured, an appointment may be cancelled if he so requests."
An example of the use of the Party formations at the call of the Leadership Corps of the Party is provided by the action taken by the Reichsleiter for Party Organization of the National Socialist Party, Dr. Robert Ley, leading to the deliberate dissolution of the Free Trade Unions on 2 May 1933. 1 quote from Document 392-PS, Exhibit Number USA-326, which is a copy of the directive issued by the Defendant Ley on 21 April 1933, reproduced on Pages 51-52 of the Social Life in New Germany by Professor Müller In this directive the late Defendant Ley directed the employment of the SA and the SS in the occupation of trade unions and for taking trade union leaders into protective custody. I now quote from Paragraph 6 of Page 1 of Document 392-PS. It is the third and fourth paragraph from the bottom of the page:

"SA as well as SS are to be employed for the occupation of trade union properties and for the taking of personalities, who come into question, into protective custody.

"The Gauleiter is to proceed with his measures on a basis of the closest understanding with the competent regional cell director."
a I also quote from the second paragraph of Page 2 of that same document which reads, quoting:

"The following are to be taken into protective custody: All trade union chairmen, the district secretaries and the branch directors of the 'Bank for Workers, Employees, and Officials, Incorporated,' included."
I now offer in evidence Document 2474-PS, Exhibit Number USA-327, which is a copy of a decree issued by the Defendant Hess as Deputy of the Führer dated 25 October 1934, which underwrites the authority of the Hoheitsträger with respect to Party