18 Dec. 45

and 2194-PS, respectively. Document EC-177, which is Exhibit USA-390, is a long copy of the minutes; and I beg the indulgence of the Tribunal for referring to it again. It is EC-177 ...

THE PRESIDENT: Is it in this book?

COL. STOREY: Yes, Sir, EC-177. Your Honors, I didn't intend to quote from that. I am simply referring to it as being the minutes of the second session of the working committee of the delegates for Reich defense and being signed by the Defendant Keitel.

Document 2261-PS consists of a letter dated the 24th of June 1935. That transmits a copy of a secret, unpublished defense law of 21 May 1935 and also a copy of a decision of the Reich Cabinet of the same date, in the Council for Defense of the Reich. These have been previously introduced, but they are illustrative laws passed by this Cabinet.

Document 2194-PS also transmits a copy of the secret, unpublished Reich Defense Law, 4 September 1938.

I will skip down to the laws passed by the Reich Defense Council, on Page 50, for the record.

The Reich Defense Council was a creation of the Cabinet. On 4 April 1933 it was decided to form that agency. The decision of the Cabinet attached to Document 2261-PS, which is Exhibit USA-24, Page 4 of the translation, Paragraph 1, proves that fact. The two secret laws contained in Document 2261-PS, as well as 2194-PS, were passed by the Cabinet; nor was this a case of one group setting up an entirely distinct group to do its dirty work. The Cabinet put itself into the picture. This might have been a difficult task to accomplish before the Nazis assumed power, but with the Nazis in control, things could move swiftly; and I now refer again to Document EC-177, but I will not undertake to quote from that, although the quotation is set out here.

There is only one point in that connection which would not be cumulative. It is Page 5 of the translation and Page 8 of the original of EC-177, on the question of security and secrecy, that I think would be pertinent to the criminal nature. I quote:
"The question has been brought up by the Reich Ministries. The secrecy of all Reich defense work has to be maintained very carefully. Communications with the outside, by messenger service only, has been settled already with the Ministry of Posts, Ministry of Finance, Prussian Ministry of the Interior, and the Reichswehr Ministry. Main principle of security: no document must be lost, since otherwise enemy propaganda would make use of it. Matters communicated orally cannot be proved; they can be denied by us in Geneva. Therefore the Reichswehr Ministry has worked out security