LAMMERS: The Defense Law of 1935 I can no longer remember. The draft of the Reich Defense Law of 1938, which was not published, allots to the Plenipotentiary General for Reich Administration a great number of tasks which, however, were never passed on to him. He had merely the task of co-ordinating the various departments, which I have just mentioned. At any rate he never exercised actual powers as Plenipotentiary General for the Reich Administration to the extent to which they were allotted him in the Reich Defense Law.
DR. PANNENBECKER: In this connection one also talks of the powers of a so-called Three Man College. This consisted of Plenipotentiary General for Reich Administration Frick, Plenipotentiary General for Economy Schacht—later Funk—and the Chief of the OKW. Can you tell me what powers these three exercised?
LAMMERS: The expression Three Man College is first of all quite false; it is not a concept in constitutional law but merely a term of convenience, a term used by officials. These three people, the Plenipotentiary General for Administration, the Plenipotentiary General for Economy, and the Chief of the OKW, each had the power to issue decrees, but they were obliged to have the consent of the other two—that is, with the agreement of the others, anyone could give orders in his field. A meeting of this committee, this so-called Three Man College, never took place. The decrees issued by it are very few, insignificant, and quite unimportant. For instance, I can remember that this committee ruled on the question of reducing the numbers of judges in the disciplinary chambers; that is in civil service matters. A second task in this sphere—in all, there were six to eight decrees at the most, but altogether quite unimportant.
DR. PANNENBECKER: In addition there was later on the Ministerial Council for Defense of the Reich. Can you compare these two groups, those three and the Ministerial Council for Defense of the Reich?
LAMMERS: Do you mean the Three Man College for the Ministerial Council?
DR. PANNENBECKER: Yes.
LAMMERS: First of all, after the Ministerial Council for Defense of the Reich was established, it was my principle to stalemate this Three Man College if possible, since it was not at all necessary. The Ministerial Council for Defense of the Reich had the task of issuing decrees with legal effect but it actually had nothing to do with the Defense of the Reich. Military matters were never discussed in this Ministerial Council for Defense of the Reich, nor did it deal with foreign policy or propaganda. In the main it issued decrees which had the effect of laws. Meetings took place only until December 1939, and after that the members communicated with each other by writing for the purpose of issuing decrees. Political debates never took place.
DR. PANNENBECKER: A Central Office was founded in the Ministry of the Interior for the occupied territories. This Central Office has been cited by the Prosecution as evidence of the fact that Frick had considerable administrative powers, and hence responsibility for the occupied territories. Are you able to say anything about that?
LAMMERS: The Central Office had, in the main, two tasks. One was the obtaining of civil servants, the other was assisting in the issuing of laws and decrees in occupied territories. Such an office was necessary because the occupied territories required personnel and because the Reich commissioners in the occupied territories were directly under the Führer’s command. Written communications went in part through me. If personnel was to be provided for within this framework, then I would have had to do it. But I had no instrument for it. I had only a staff of 12 senior officials and I had no organization in the country; I had no executive officials in those countries. Therefore the Minister of the Interior was brought in, since he had the whole civil service apparatus at his disposal.
DR. PANNENBECKER: You just said that the Central Office gave some assistance in issuing decrees for the occupied territories. Was it possible for the Central Office to issue a decree for, let us say, Norway?