“* * * In my presence, Mueller discussed with a man named Mehlhorn plans for another border incident, in which it should be made to appear that Polish soldiers were attacking German troops. Germans in the approximate strength of a company were to be used. Mueller stated that he had 12 or 13 condemned criminals who were to be dressed in Polish uniforms and left dead on the ground of the scene of the incident, to show that they had been killed while attacking. For this purpose they were to be given fatal injections by a doctor employed by Heydrich. Then they were also to be given gunshot wounds. After the incident members of the press and other persons were to be taken to the spot of the incident. A police report was subsequently to be prepared.

“4. Mueller told me that he had an order from Heydrich to make one of those criminals available to me for the action at Gleiwitz. The code name by which he referred to these criminals was ‘Canned Goods.’

“5. The incident at Gleiwitz in which I participated was carried out on the evening preceding the German attack on Poland. As I recall, war broke out on the 1st of September 1939. At noon of the 31st August I received by telephone from Heydrich the code word for the attack which was to take place at 8 o’clock that evening. Heydrich said, ‘In order to carry out this attack report to Mueller for Canned Goods.’ I did this and gave Mueller instructions to deliver the man near the radio station. I received this man and had him laid down at the entrance to the station. He was alive but he was completely unconscious. I tried to open his eyes. I could not recognize by his eyes that he was alive, only by his breathing. I did not see the shot wounds but a lot of blood was smeared across his face. He was in civilian clothes.

“6. We seized the radio station as ordered, broadcast a speech of three to four minutes over an emergency transmitter, fired some pistol shots and left.” (2751-PS; 2479-PS)

These were the “frontier incidents” to which Hitler referred in his speech to the Reichstag on 1 September 1939. (Adolf Hitler, “My New Order,” Reynal and Hitchcock, Inc., 1941, p. 687.)

F. War Crimes of the GESTAPO and SD.

(1) The GESTAPO and SD carried out mass murders of hundreds of thousands of civilians of occupied countries as a part of the Nazi program to exterminate political and racial undesirables (“Einsatz Groups”). About four weeks before the attack on Russia, special task forces of the SIPO and SD, called Einsatzgruppen or Special Task Groups, were formed on order of Himmler for the purpose of following the German armies into Russia, combatting partisans and members of resistance groups and exterminating the Jews and Communist leaders. In the beginning four Einsatz Groups were formed. Einsatz Group A, operating in the Baltic States, was placed under the command of Stahlecker, former Inspector of the SIPO and SD. Einsatz Group B, operating toward Moscow, was placed under the command of Nebe, the Chief of Amt V (KRIPO) of the RSHA. Einsatz Group C, operating toward Kiev, was placed under the command of Rasch and later of Thomas, former Chief of the SIPO and SD in Paris. Einsatz Group D, operating in the south of Russia, was placed under the command of Ohlendorf, the Chief of Amt III (SD) of the RSHA.

The Einsatz Groups were officered by personnel of the GESTAPO, the SD and the KRIPO. The men were drawn from the Order Police and the Waffen SS. The groups had complements of 400 to 500 men, and had their own vehicles and equipment. By agreement with the OKW and OKH, the Einsatzkommandos were attached to certain Army corps or divisions. The Army assigned the area in which the Einsatzkommandos were to operate, but all operational directives and orders for the carrying out of executions were given through the RSHA in Berlin. Regular courier service and radio communications existed between the Einsatz Groups and the RSHA.

The affidavit of Ohlendorf, Chief of the SD, who led Einsatz Group D, reads in part as follows:

“When the German Army invaded Russia, I was leader of Einsatzgruppe D in the southern sector, and in the course of the year during which I was leader of the Einsatzgruppe D, it liquidated approximately 90,000 men, women and children. The majority of those liquidated were Jews, but there were also among them some Communist functionaries.