THE PRESIDENT: I think you should read the sentence before that—the two lines before it. The words are, “The arrestee has no right to appeal against the decree of protective custody.”
MR. DODD: “The arrestee has no right to appeal against the application of protective custody.” Then comes a title: “Reasons”:
“Simon was for many years a member of the Socialist Party and temporarily a member of the Union Socialiste Populaire. From 1907 to 1918 he was Landtag deputy of the Socialist Party; from 1908 to 1930 Social Democratic City Counsellor (Stadtrat) in Nuremberg. In view of the decisive role which Simon played in the international trade unions and in regard to his connection with international Marxist leaders and central agencies, which he continued after the national recovery, he was placed under protective custody on the 3rd day of May 1933 and was kept, until 25 January 1934, in the Dachau Concentration Camp. Simon is under the grave suspicion that even after this date he played an active part in the illegal continuation of the Socialist Party. He took part in meetings which aimed at the illegal continuation of the Socialist Party and propagation of illegal Marxist printed matter in Germany. Through this radical attitude, which is hostile to the State, Simon directly endangers public security and order.”
We do not wish to burden these proceedings with a multiplication of such instances, but we refer the Tribunal to documents which have already been offered in connection with the presentation of the evidence concerning the destruction of the trade unions. In particular, we wish to refer to Document Number 2334-PS and Document Number 2928-PS, (Exhibits USA-238 and 239) both of which are included within USA Exhibit G.
Thousands of Jews, as the world so well knows, were, of course, confined in these concentration camps. The evidence on this point will be developed in a later presentation by another member of the prosecuting staff of the United States. But among the wealth of evidence available on this point showing the confinement of Germans only because they were Jews, we wish to offer a document, Number 3051-PS, which bears Exhibit Number USA-240. This is a copy of a teletype from SS Gruppenführer Heydrich, and it is dated the 10th of November 1938. It was sent to all headquarters of the State Police and all districts and subdistricts of the SD. We refer to Paragraph 5 of this teletype. Paragraph 5 is found on Page 3 of the English translation. It begins at the bottom of Page 2 and runs over to Page 3. Quoting from Paragraph 5:
“As soon as the course of events of this night allows the use of the officials employed for this purpose, as many Jews, especially rich ones, as can be accommodated in the existing prisons are to be arrested in all districts. For the time being only healthy men, not too old, are to be arrested. Upon their arrest, the appropriate concentration camps should be contacted immediately, in order to confine them in these camps as fast as possible.
“Special care should be taken that the Jews arrested in accordance with these instructions are not ill-treated.”
Himmler in 1943 indicated that use of the concentration camp against the Jews had been motivated not simply by Nazi racialism. Himmler indicated that this policy had been motivated by a fear that the Jews might have been an obstacle to aggression. There is no necessity to consider whether this fear was justified. The important consideration is that the fear existed; and with reference to it we refer to Document 1919-PS, which bears Exhibit Number USA-170. The document is a speech delivered by Himmler at the meeting of the SS major generals at Posen on 4 October 1943, in the course of which he sought to justify the Nazi anti-Jewish policy. We refer to a portion of this document or this speech, which is found on Page 4, Paragraph 3, of the English translation, starting with the words, “I mean the clearing out of the Jews”:
“I mean the clearing out of the Jews, the extermination of the Jewish race. It’s one of those things it is easy to talk about. ‘The Jewish race is being exterminated’, says one Party member, ‘that’s quite clear; it’s in our program; elimination of the Jews, and we’re doing it, exterminating them.’ And then there come 80 million worthy Germans and each one has his decent Jew. Of course, the others are vermin, but this one is an A-l Jew. Not one of all those who talk this way has witnessed it, not one of them has been through it. Most of you must know what it means when 100 corpses are lying side by side, or 500 or 1,000. To have stuck it out and at the same time—apart from exceptions caused by human weakness—to have remained decent fellows, that is what has made us hard. This is a page of glory in our history which has never been written and is never to be written, for we know how difficult we should have made it for ourselves, if—with bombing raids, the burden and deprivations of war—we still had Jews today in every town as secret saboteurs, agitators, and trouble-mongers.”