22 Nov. 45

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 of 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.

2. The next event in this time-table was the Reichstag fire on the 28th of February 1933. 3.

Taking advantage of the uncertainty and unrest created by the Reichstag fire, and the disturbances being created by the SA, the provisions of the Weimar constitution guaranteeing personal freedom, and other personal liberties were suspended by a decree of the Reich President on February 28, 1933.

Then on 5th of March 1933, elections to the Reichstag were held. The Nazis acquired 288 seats out of a total of 647.

On the 15th of March 1933, another meeting of the Reich Cabinet was held, and we also have the original official minutes of that meeting which bears the initials, opposite their names, of the defendants who were present at that meeting, signifying that they have read-I contend that it is a reasonable inference to state that it signifies that they read these minutes and approved them. The following defendants were present at this meeting: Von Papen, Von Neurath, Frick, Göring, and Funk. At this meeting, according to these official minutes Hitler stated that the putting over of the enabling act in the Reichstag by a two-thirds vote would, in his