Against this background—President Von Hindenburg having meanwhile dissolved the Reichstag when Chancellor Brüning failed to obtain a vote of confidence—Germany moved to the polls once more on the 14th September 1930. By this election their representation in the Reichstag was increased from 12 seats to 107 seats out of a total of 577.
The new Reichstag met and 107 Nazis marched into the session dressed in brown shirts. Rowdy opposition at once developed, intent on causing the fall of the Brüning Cabinet. Taking advantage of the issues caused by the then prevailing general economic distress, the Nazis sought a vote of non-confidence and dissolution of the Reichstag. Failing in these obstructionary tactics, the Nazis walked out on the Reichstag.
With 107 members in the Reichstag the Nazi propaganda increased in violence. The obstruction by the Nazi deputies of the Reichstag continued with the same pattern of conduct. Repeatedly motions of non-confidence in Brüning and for dissolution of the Reichstag were offered and were lost. And after every failure the Nazi members stalked out of the chamber anew.
By spring of 1932, Brüning’s position became untenable and the Defendant Von Papen was appointed Chancellor. The Reichstag was dissolved and new elections held in which the Nazis increased the number of their seats to 230 out of a total of 608. The Nazi Party was becoming a strong party in Germany, but it had failed to become the majority party. The obstructive tactics of the Nazi deputies in the Reichstag continued, and by the fall of 1932 Von Papen’s Government was no longer able to continue. President Von Hindenburg again dissolved the Reichstag, and in the new elections of November the Nazi representation in the Reichstag actually decreased to 196 seats. The short-lived Von Schleicher Government then came into being—it was the 3rd December 1932—and by the end of January 1933 it went out of existence. With the support of the Nationalist Party under Hugenberg and other political assistance, Hitler became Chancellor of Germany by designation of Von Hindenburg.
That is the end of the prologue, as it were, to the dramatic and sinister story that will be developed by the Prosecution in the course of this Trial. Let it be noted here, however, and remembered, as the story of the misdeeds and crimes of these defendants and their fellow conspirators are exposed, that at no time in the course of their alleged “legal” efforts to gain possession of the State, did the conspirators represent a majority of the people.
Now it is commonly said that the Nazi conspirators “seized control” when Hitler became Chancellor of the German Republic on 30 January 1933. It may be more truly said that they seized control upon securing the passage of the Law for the Protection of the People and the State on 24 March 1933. The steps leading to this actual seizure of power are worthy of recital. The Nazi conspirators were fully cognizant of their lack of control over the legislative powers of the republic. They needed, if they were to carry out the first steps of their grand conspiracy under the cloak of law, an enabling act which, would vest supreme legislative power in Hitler’s Cabinet, free from all restraints of the Weimar constitution. Such an enabling act however required a change in the constitution which, in turn, required two-thirds of the regular members of the Reichstag to be present, and at least two-thirds of the votes of those present.
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 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.