22 Nov. 45

opinion, meet with no opposition. The Defendant Frick pointed out that the Reichstag had to ratify the enabling act with a constitutional majority within three days, and that the Center Party had not expressed itself negatively. He went on to say that the enabling act would have to be broadly conceived in a manner to allow for deviation from the provisions of the Constitution of the Reich. He further stated that as far as the constitutional requirements of a two-thirds majority was concerned, a total of 432 delegates would have to be present for the ratification of the enabling act. The Defendant Göring expressed his conviction at this meeting that the enabling act would be ratified with the required two-thirds vote for, if necessary, the majority could be obtained by refusing admittance to the Reichstag of some Social Democrats.

Now on the 20th of March another Cabinet meeting was held, and we also have the official, original records of this meeting which will be offered in evidence. The Defendants Frick, Von Papen, Von Neurath, Göring, and Funk were present. The proposed enabling act was again the subject of a discussion. Hitler reported on the conference he had completed with the representatives of the Center Party. The Defendant Neurath proposed a note concerning the arrangement to be agreed to by the representatives of the Center Party. The Defendant Frick expounded to the meeting the contents of the draft of the proposed law, and further stated that changes in the standing orders or rules of the Reichstag were also necessary, that an explicit rule must be made that unexcused absent delegates be considered present, and if that was done it would probably be possible to ratify the enabling act on the following Thursday in all three readings.

It is interesting to note that among the things recorded in the official minutes of this Cabinet meeting was the Defendant Göring's announcement that he had ordered SA troops on the Polish border to be cautious and not to show themselves in uniform, and that the Defendant Neurath recommended also that the SA be cautious, especially in Danzig. In addition, the Defendant Neurath pointed out that Communists in SA uniforms were being caught continuously. These stool pigeons had to be hanged. Justice had to find means and ways to make possible such punishment for Communist stool pigeons, according to the Defendant Neurath.


On 14th March 1933 the Defendant Frick announced:

"When the Reichstag meets the 21st of March, the Communists will be prevented by urgent labor elsewhere from participation in the session. In concentration camps they will be re-educated for productive work. We will know how to ren-