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Hitler held his first Cabinet meeting
on the day of his appointment as Chancellor, at which the Defendants Göring,
Frick, Funk, Von Neurath, and Von Papen were present in their official
capacities. On 28 February 1933 the Reichstag building in Berlin was set
on fire. This fire was used by Hitler and his Cabinet as a pretext for
passing on the same day a decree suspending the constitutional
guarantees of freedom. The decree was signed by President Hindenburg
and countersigned by Hitler and the Defendant Frick, who then occupied
the post of Reich Minister of the Interior. On 5 March elections were
held, in which the NSDAP obtained 288 seats of the total of 647. The
Hitler Cabinet was anxious to pass an "Enabling Act" that
would give them full legislative powers, including the power to deviate
from the Constitution. They were without the necessary majority in the
Reichstag to be able to do this constitutionally. They therefore made
use of the decree suspending the guarantees of freedom and took into
so-called "protective custody" a large number of Communist
deputies and Party officials. Having done this, Hitler introduced the "Enabling
Act" into the Reichstag, and after he had made it clear that if it
was not passed, further forceful measures would be taken, the act was
passed on 24 March 1933.
The Consolidation of Power
The NSDAP, having achieved power in this way, now
proceeded to extend its hold on every phase of German life. Other
political parties were persecuted, their property and assets
confiscated, and many of their members placed in concentration camps. On
26 April 1933 the Defendant Göring founded in Prussia the Geheime
Staatspolizei, or Gestapo, as a secret police, and confided to the
deputy leader of the Gestapo that its main task was to eliminate
political opponents of National Socialism and Hitler. On 14 July 1933 a
law was passed declaring the NSDAP to be the only political party, and
making it criminal to maintain or form any other political party.
In order to place the complete control of the machinery of Government in
the hands of the Nazi leaders, a series of laws and decrees were passed
which reduced the powers of regional and local governments throughout
Germany, transforming them into subordinate divisions of the Government
of the Reich. Representative assemblies in the Laender were abolished,
and with them all local elections. The Government then proceeded to
secure control of the Civil Service. This was achieved by a process of
centralization, and by a careful sifting of the whole Civil Service
administration. By a law of 7 April it was provided that officials "who
were of non-Aryan descent" should be retired, and it was also
decreed that 'officials who because of their previous political activity
do not offer security that they will exert themselves for the national
state without reservation shall be discharged." The law of 11 April
1933
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