And now permit me to turn to Paragraph 5 of this self-same decree of Hitler’s which states that “in cases of divergencies of opinion between the Governor General and the Reichsführer of the SS and the German Police, my decision is to be obtained through the Reich Minister and the Head of the Reich Chancellery.” In this connection I would ask you, does not this paragraph testify to the very considerable rights granted by you to the leaders of the police and the SS in the Government General and to your own responsibility for the activities of these organizations?
FRANK: The wording of the decree testifies to it, but the actual development was quite the contrary. I believe that we will come to that in detail. I maintain therefore that this attempt to gain some influence over the police and the SS also failed.
MR. COUNSELLOR SMIRNOV: Then may I ask whose attempt it was? In this case it is evidently an attempt by Hitler for he signed this decree. Krüger was evidently more powerful than Hitler?
FRANK: That question is not quite clear to me. You mean that Krüger went against the decree of the Führer? Of course he did, but that has nothing to do with power. That was considered by Himmler as a tremendous concession made to me. I want to refer to a memorandum of the summer of 1942, I think, shortly after the decree of the Führer came into force.
MR. COUNSELLOR SMIRNOV: I have the following question to ask you: Is it possible that you...
THE PRESIDENT: The Tribunal will adjourn now.
[The Tribunal recessed until 1400 hours.]
Afternoon Session
MR. COUNSELLOR SMIRNOV: Tell us, Defendant, who was the actual leader of the National Socialist Party in the Government General?