22 Nov. 45

der harmless permanently, sub-humans who don't want to be re-educated."

During this period, taking advantage of the decree suspending constitutional guarantees of freedom, a large number of Communists, including Party officials and Reichstag deputies, and a smaller number of Social Democrat officials and deputies, were placed in protective custody. On 23 March 1933, in urging the passage of the enabling act, Hitler stated before the Reichstag:

"It is up to you gentlemen, to make the decision now. It will be for peace or war."

On 24 March 1933 only 535 out of the regular 747 deputies of the Reichstag were present. The absence of some was unexcused; they were in protective custody in concentration camps. Subject to the full weight of the Nazi pressure and terror, the Reichstag passed an enabling act known as the "Law for the Protection of the People and State," with a vote of 441 in favor. This law marks the real seizure of political control by the conspirators. Article 1 provided: that the Reich laws can be enacted by the Reich Cabinet. Article 2 provided: the National laws enacted by the Reich Cabinet may deviate from the constitution. Article 3 provided: National Laws enacted by the Reich Cabinet are prepared by the Chancellor and published in the Reichsgesetzblatt Article 4 provided:` Treaties of the Reich with foreign states, which concern matters of national legislation, do not require the consent of the parties participating in legislation. The Reich Cabinet is empowered to issue the necessary provisions for the execution of these treaties.

Thus the Nazis acquired full political control, completely unrestrained by any provision of the Weimar constitution.

I now offer the documents which establish the facts which I have just stated, and I also present, for the assistance of the Court and the Defense Counsel, the briefs covering this portion of the case.

THE PRESIDENT: I wish to speak to Major Wallis. Would it be possible for the Prosecution to let defendants' counsel have at least one copy between each two of them here in court? If not today, then tomorrow?

COL. STOREY: If the Tribunal please, there has been some misunderstanding and the briefs were delivered to the Defendants Document Room. We have sent for some of them and they should be here shortly. However, Sir, in all fairness the briefs themselves are not in the German language, because we had intended to take the trial brief and the lawyers follow it over the translating system and thus, when it was finished, it would be translated into all languages.