DR. KUBUSCHOK: On 28 January, at noon, the Reich President instructed you to begin negotiations for the formation of a new government. What possibilities for the formation of a government did you consider the political situation offered?
VON PAPEN: The idea of forming a parliamentary majority government had been abandoned since 20 January; it was impossible. Hitler was not willing to lead or participate in such a government.
Secondly, further support of the Schleicher presidential cabinet by means of a declaration of a state of emergency and the prorogation of the Reichstag, which was against the Constitution, had been rejected by the Reich President on the 23d. He had rejected these proposals, as we know, because Von Schleicher had told him in December that a violation of the Constitution would mean civil war and a civil war would mean chaos, “because I am not in a position,” he said, “to maintain law and order with the Army and with the Police.”
Thirdly, since Hitler offered to participate in a presidential cabinet, this was the only remaining possibility, and all the forces and political parties which had supported my Government in 1932 were available for this.
DR. KUBUSCHOK: What were the instructions which the Reich President gave you?
VON PAPEN: The instructions given me by Von Hindenburg were as follows:
Proposal for the formation of a government under the leadership of Hitler, with the utmost restriction of National Socialist influence and within the framework of the Constitution.
I should like to add that it was quite unusual for the Reich President to ask any person to form a government which would not be headed by the person himself. In the normal course of events Hindenburg should, of course, have entrusted Hitler himself with the formation of a government; and he entrusted me with this task because he wished to minimize Hitler’s influence in the government as far as possible.
DR. KUBUSCHOK: And with whom did you negotiate?
VON PAPEN: I negotiated with the leaders of the rightist groups which might participate in the formation of this government; namely, the NSDAP, the German National People’s Party, the “Stahlhelm,” and the German People’s Party.