| |
to cashier or remove from office or
position without regard for his person, or his established rights, whoever, in
my view and according to my considered opinion, has failed to do his duty." " *
* * From now on, I shall intervene in these cases and remove from office those
judges who evidently do not understand the demand of the
hour." |
| On the same day the Greater German Reichstag
resolved in part as follows: |
| |
" * * * the Fuehrer must have all
the rights postulated by him which serve to further or achieve victory.
Therefore without being bound by existing legal regulations in
his capacity as leader of the nation, Supreme Commander of the Armed Forces,
governmental chief and supreme executive chief, as supreme justice*, and leader
of the Party the Fuehrer must be in a position to force with all means
at his disposal every German, if necessary, whether he be common soldier or
officer, low or high official or judge, leading or subordinate official of the
Party, worker or employee, to fulfill his duties. In case of violation of these
duties, the Fuehrer is entitled after conscientious examination, regardless of
so-called well-deserved rights, to mete out due punishment, and to remove the
offender from his post, rank and position, without introducing prescribed
procedures." |
| The assumption by Hitler of supreme
governmental power in all departments did not represent a new development based
on the emergency of war. The declaration of the Reichstag was only an echo of
Hitler's declaration of 13 July 1934. After the mass murders of that date (the
Roehm purge) which were committed by Hitler's express orders, he
said: |
| |
"Whenever someone reproaches me
with not having used the ordinary court for their sentencing, I can only say:
'In this hour I am responsible for the fate of the German nation and hence the
supreme law lord' of the German people.'" |
| The conception of Hitler as the supreme judge
was supported by the defendant Rothenberger. We quote (NG-075, Pros. Ex.
27): |
| |
"However, something entirely
different has occurred; with the Fuehrer a man has risen within the German
people who awakens the oldest, long forgotten times. Here is a man who in his
position represents the ideal of the judge in its perfect sense, and the German
people elected him for their judge first of all, of course, as 'judge'
over their fate in general, but also as 'supreme magistrate* and judge.'"
|
__________ * The three
expressions "supreme justice:" "supreme law lord" and "supreme magistrate" are
three different translations of the German term "Oberster Gerichtsherr."
1012 |