[Turning to the President.] Incidentally this decree appears in your document book, Mr. President.
FRANK: I haven’t the document. It seems to me that the most essential parts of that agreement have been taken and put into this decree, with a few changes. However, the book has been taken away from me and I cannot compare it.
THE PRESIDENT: The book will be submitted to you now.
[The book was submitted to the defendant.]
FRANK: Very important changes have been made, unfortunately.
MR. COUNSELLOR SMIRNOV: I would request you to turn to Paragraph 3 of Hitler’s decree, dated 7 May 1942. It is stated here that the State Secretary for Security is directly subordinate to the Governor General. And does this not confirm the fact that the police of the Government General were, nevertheless, directly subordinate to you? That is Paragraph 3 of the decree.
FRANK: I would like to say that that is not so. The police were not subordinate to me, even by reason of that decree—only the State Secretary for Security. It does not say here that the police are subordinate to the Governor General, only the State Secretary for Security is subordinate to him. If you read Paragraph 4, then you come to the difficulties again. Adolf Hitler’s decree was drawn up in my absence, of course. I was not consulted by Hitler, otherwise 1 would have protested, but in any case it was found impracticable.
Paragraph 4 says that the Reichsführer SS and Chief of the German Police gave direct instructions to the State Secretary for Security in the field of security and for the preservation of German nationality. If you compare the original agreement with this, as contained in the diary, you will find that in one of the most important fields the Führer had changed his mind, that is, concerning the Commissioner for the Preservation of German Nationality. This title embraces the Jewish question and the question of colonization.
MR. COUNSELLOR SMIRNOV: It appears to me, Defendant, that you have only taken into consideration one aspect of this question, and that you have given a rather one-sided interpretation of the excerpt quoted. May I recall to your memory Paragraph 4 of this decree which, in Sub-paragraph 2, reads as follows:
“The State Secretary”—this means Krüger—“must receive the consent of the Governor General before carrying out the directives of the Reichsführer SS and the German Police.”