VON PAPEN: These special laws, or special court laws, are also not entirely new. I, personally, as Chancellor of the Reich issued such a law on 9 August 1932; and I based my action then on a directive of the Brüning Cabinet dated 6 October 1931. In revolutionary periods punishable political acts must be brought to speedy trial under the law.
DR. KUBUSCHOK: May I now point out Document 27, Page 89 of Document Book 1, especially the introduction preceding Paragraph 1, which shows that this emergency decree was based on the Brüning emergency directive of 1931.
On 1 April 1933 the Jewish boycott was carried out. Was this a measure taken by the Government? Did you participate in it in any way?
VON PAPEN: The assertion of Dr. Goebbels that the Cabinet had approved this measure was completely false. On the contrary, at the suggestion of the Cabinet Hitler had on 10 and 12 March made public announcements which my counsel will submit.
The Prosecution refers to the telegram which I sent to New York on the 25th as a “white lie of the greatest magnitude”; I can only say, however, that this assertion is completely unfounded. The public statements of Hitler gave us, in fact had to give us, the assurance that such excesses would not take place again. In that belief I sent my telegram. It would be inconceivable that on the 25th I should send a telegram to New York...
THE PRESIDENT: Dr. Kubuschok, I thought your question was: Did the defendant participate in these measures? I do not know what his answer is. He has been answering for some minutes, but I do not know what the answer is.
The question was: Did you participate? And I do not know what he has answered.
VON PAPEN: I said that the assertion of Goebbels that the Cabinet had approved this Jewish boycott was a lie.
THE PRESIDENT: Why not answer directly; did you or did you not participate?
VON PAPEN: No, we did not participate.