GISEVIUS: I must answer this in the negative. The Secret State Police doubtlessly gained in power after 30 June, but because of the many excesses committed on 30 June, the opposition in the various ministries against the Secret State Police had become so strong that through collective action the majority of ministers could have used the events of 30 June to eliminate the Secret State Police. I personally made repeated efforts in that direction. With the knowledge of the Defendant Frick I went to see the Minister of Justice Gürtner and begged him many times to use the large number of illegal murders as a reason for action against the Secret State Police. I personally went to Von Reichenau also, who was Chief of the Armed Forces Offices at that time, and told him the same thing. I know that my friend Oster brought the files concerning this matter to the knowledge of Blomberg, and I wish to testify here that, in spite of the excesses of the 30 of June, it would have been quite possible at that time to return to law and order.
DR. PANNENBECKER: After that, what did the Reich Minister of the Interior do—that is, what did Frick do to steer the Secret State Police to a course of legality?
GISEVIUS: We started a struggle against the Secret State Police and tried at least to prevent Himmler from getting into the Reich Ministry of the Interior. Shortly before Göring had relinquished the Ministry of the Interior to Frick, he had made Himmler Chief of the Secret State Police in Prussia. Himmler, starting from that basis of power, had attempted to assume police power in the other Länder of the Reich. Frick tried to prevent that by taking the stand that he, as Reich Minister of the Interior, had an equal voice in appointing police functionaries in the Reich. At the same time, we tried to prevent an increase in the numbers of the Secret State Police by systematically refusing all requests by the Gestapo to increase its body of officials. Unfortunately here also, as always, Himmler found ways and means to overcome this. He went to the finance ministers of the individual states and told them that he needed funds for the guard troops of the concentration camps, for the so-called “Death’s-Head” units, and he drew up a scale whereby five SS men were to guard one prisoner. With these funds Himmler financed his Secret State Police, as, of course it rested with him how many men he wanted to imprison.
In other ways too, we in the Reich Ministry of the Interior attempted by all possible means to block the way of the Gestapo; but unfortunately, the numerous requests we sent to the Gestapo remained unanswered. Again it was Göring who forbade Himmler to answer and who protected Himmler when he refused to give any information in reply to our inquiries.
Finally, a last effort was made during my term of office in the Reich Ministry of the Interior. We tried to paralyze the Secret State Police at least to some extent by introducing into protective custody the right of supervision and complaint. If we could have achieved the right of review of all cases of protective custody, we would also have been able to get an insight into the individual actions of the Gestapo. A law was formulated, and this law was first submitted to the Ministerial Council of Prussia, the largest of the states. Again it was the Defendant Göring who, by all available means, opposed the passing of such a law. A very stormy cabinet meeting on the matter ended with my being asked to leave the Ministry of the Interior.
DR. PANNENBECKER: Witness, I have shown you a memorandum...
THE PRESIDENT: This will be a convenient time to break off.
[A recess was taken.]
THE PRESIDENT: Mr. Justice Jackson, the Tribunal wishes me to say that it anticipates that you will put any questions which you think necessary with reference to the alleged intimidation of the witness when you come to cross-examine.
MR. JUSTICE JACKSON: Yes, Sir; thank you.