“During the years 1941 and 1942 I exchanged various old pictures for 80 modern ones, delivered by Lohse, who always told me that these exchanges were carried out on Göring’s order, and that the pictures received had been intended for Göring. I have since learned that all the pictures given in exchange are contained in the Göring collection. I delivered in exchange about 35 pictures, possibly more.”
These facts are confirmed by the Defendant Rosenberg himself in the last lines of his report of 15 April 1943, filed under Document Number 172-PS already quoted, of which I have entered a copy under Exhibit Number RF-1316. Here is an interesting passage of the report.
“By order of the Reich Marshal a certain number of these works of modern and degenerate French art were favorably bartered with French art dealers for pictures of a recognized artistic value. In this way, 87 works of old Italian, Dutch, and German masters of high and recognized value were acquired on very favorable conditions.”
Numerous works of art, books, and especially pictures, were sold by representatives of Staff Rosenberg. Some were sold in France, others in Germany or Switzerland. The fact that this was a calculated procedure is evident if we consider that the value of these pictures, confiscated under the legally fallacious pretext of keeping them in safe custody, could be realized if they were sold on neutral markets and paid for in foreign currency.
I now consider that I should give you some brief explanations of the justifications offered by the Germans concerning their confiscations. Primarily these justifications are mere quibbles relating to the nature of the seizures. The seizures were only temporary and preservative measures for the safekeeping of the art treasures. Count Metternich, Chief of the Department for the Protection of Works of Art in France from July 1940 to 1942, made this point quite clear in a report, a copy of which has been discovered in France and which I submit as Document Number RF-1318. Here are some brief excerpts from this report, at the bottom of Page 29 of the exposé:
“Shortly after arriving in France, I realized that various departments which did not belong to the Military Administration were interested in removable objects of art.”
And further on, in the same paragraph:
“It has been said that there was no intention of expropriation but that these objects were to be considered as pawns to be used in future peace negotiations. No detailed instructions were given as to how the operations should be carried out; and in particular, no interpretation was given of the term ‘custody’.”
The vague expression “in custody” has been subjected to every variety of interpretation. According to some the seizure was only a temporary measure, although the question of definite appropriation nevertheless remained unclarified. For the Defendant Rosenberg the solution was simple; he expresses it in a letter, previously quoted, of 18 June 1942 addressed to Göring, which I have just submitted under Document Number RF-1314. This is the relevant passage:
“I therefore believe you will be in agreement with me on this point, namely, that art objects of Jewish ownership taken into custody should be considered as seized for the benefit of the NSDAP. With regard to material for research work, the Führer has already decided that these objects, now in the custody of the Einsatzstab, shall become the property of the Hohe Schule. It would be only just and fair that the great art treasures now in custody should one day become the property of the NSDAP. Needless to say, the decision of this question rests with the Führer. However, since the NSDAP has financed a war of 20 years’ standing against Jewry, such a decision would appear permissible.”