22 Nov. 45
The time-table of events leading up to the passage of this
enabling act, known as the Law for the Protection of the People and
the State, is as follows:
1. On January 30th, 1933 Hitler held his first Cabinet meeting
and we have the original minutes of that meeting, which will be
offered in evidence. The Defendants Von Papen, Von Neurath, Frick,
Göring, and Funk were present. According to the minutes of this
meeting, Hitler pointed out that the adjournment of the Reichstag
would be impossible without the collaboration of the Center Party. He
went on to say:
"We might, however, consider
suppressing the Communist Party to eliminate its votes in the
Reichstag and by this measure achieve a majority in the
Reichstag."
He expressed the fear, however, that this might
result in a general strike. The Reich Minister of Economy, according
to these of official minutes, stated that in his opinion, it was
impossible to avoid the suppression of the Communist Party of
Germany, for, if that were not done they could not achieve a majority
in the Reichstag, certainly not a majority of two-thirds; that, after
the suppression of the Communist Party, the passage of an enabling
act through the Reichstag would be possible. The Defendant Frick
suggested that it would be best initially to request an enabling law
from the Reichstag. At this meeting Hitler agreed to contact
representatives of the Center Party the next morning to see what
could be done by way of making a deal with them.
2. The next event in this time-table was the Reichstag fire on
the 28th of February 1933. 3.
Taking advantage of the uncertainty and unrest created by the
Reichstag fire, and the disturbances being created by the SA, the
provisions of the Weimar constitution guaranteeing personal freedom,
and other personal liberties were suspended by a decree of the Reich
President on February 28, 1933.
Then on 5th of March 1933, elections to the Reichstag were held.
The Nazis acquired 288 seats out of a total of 647.
On the 15th of March 1933, another meeting of the Reich Cabinet
was held, and we also have the original official minutes of that
meeting which bears the initials, opposite their names, of the
defendants who were present at that meeting, signifying that they
have read-I contend that it is a reasonable inference to state that
it signifies that they read these minutes and approved them. The
following defendants were present at this meeting: Von Papen, Von
Neurath, Frick, Göring, and Funk. At this meeting, according to
these official minutes Hitler stated that the putting over of the
enabling act in the Reichstag by a two-thirds vote would, in his