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II. The Unfounded Acquittal of Defendant Von Papen.

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The verdict does not dispute the fact that Von Papen prepared the way for Hitler’s appointment to the post of the Reich Chancellor and that he actively helped the Nazis in their seizure of power.

In a speech of November 1933, Von Papen said the following on the subject:

“. . . just as I at the time of taking over the Chancellorship (this was in 1932) have advocated to pave the way to power for the young fighting liberation movement, just as I on 30 January was selected by a gracious fate to put the hands of our Chancellor and Führer into the hands of our beloved Field Marshal, so do I today again feel the obligation to say to the German People and all those who have kept confidence in me:

“The kind Lord has blessed Germany by giving it in times of deep distress a leader . . . .” (PS-3375).

It was Von Papen who revoked Bruning’s order dissolving the SS and the SA, thus allowing the Nazis to realize their program of mass terror (D-631).

Again it was the defendant who, by the application of brute force, did away with the Social Democrat Government of Braun and Severing (Severing’s Testimony, Transcript, Afternoon Session, 14 June 1946).

On 4 January 1933, Von Papen had a conference with Hitler, Hess, and Himmler (D-632).

Von Papen participated in the purge of the State machinery of all personnel considered unreliable from the Nazi point of view; on 21 March 1933, he signed a decree creating special political tribunals; he had also signed an order granting amnesty to criminals whose crimes were committed in the course of the “national revolution”; he participated in drafting the text of the order “insuring Party and State unity”; and so on.

Subsequently Von Papen faithfully served the Hitler regime.

After the Putsch of 1934, Von Papen ordered his subordinate Tschirschky to appear in the Gestapo, knowing full well what awaited him there (D-684).

Von Papen helped to keep the bloody murder secret from public opinion (D-717; D-718).

The defendant played a tremendous role in helping Nazis to take possession of Austria.

Three weeks after the assassination of Dollfuss, on 26 July 1934, Hitler told Von Papen that he was being appointed Minister to Vienna, especially noting in a letter: “You have been and continue to be in possession of my fullest and most unlimited trust . . . .” (PS-2799).

In this connection it is impossible to ignore the testimony of the American Ambassador Messersmith who quoted Von Papen as saying that “the seizure of Austria is only the first step” and that he, Von Papen, was in Austria for the purpose of “further weakening the Austrian Government” (USA-57).

The defendant was Hitler’s chief advisor in effecting plans for the seizure of Austria. It was he who proposed several tactical maneuvers to quiet the vigilance of world opinion on the one hand, and allow Germany to conclude her war preparations, on the other.

This follows indisputably from Von Papen’s statement to the Austrian Minister Berger-Waldeneck (PS-1760), from the report of Gauleiter Reuner of 6 July 1939 (USA-61), from Von Papen’s report to Hitler of 21 August 1936 (D-706), from Von Papen’s report to Hitler of 1 September 1936 (PS-2246, USA-67), and from a series of other documents which had been submitted in evidence.

Von Papen played this game until the issuance of the order for alerting the German Armed Forces for moving into Austria. He participated in arranging the conference between Hitler and Schuschnigg of 12 February 1938 (USA-69).

It was Von Papen who in a letter to Hitler emphatically recommended that financial aid be given the Nazi organization in Austria known as the “Freedom Union”, specifically for “its fight against the Jewry” (PS-2830).

Indisputable appears the fact of the Nazi seizure of Austria and of Von Papen’s participation in this act of aggression. After the occupation of Austria, Hitler rewarded Von Papen with the golden insignia of the Nazi Party (D-632).

Neither is it possible to ignore Von Papen’s role as agent provocateur when in his capacity of diplomat he was the German Ambassador to Turkey—whenever evaluation of his activity there is made.

The post, of Ambassador to Turkey was at the time of considerable importance in helping the Nazis realize their aggressive plans.

The official Nazi biographer wrote about Von Papen as follows: “Shortly (after the occupation of Austria) the Führer had need of Von Papen’s services again and on 18 April 1939, he therefore appointed him German Ambassador in Ankara” (D-632).

It should also be noted that for his Turkish activities, Hitler rewarded Von Papen with the Knight’s Cross of the War Merit Order with Swords (D-632).

Thus, evidence submitted establishes beyond doubt that:

a) Von Papen actively aided the Nazis in their seizure of power.

b) Von Papen used both his efforts and his connections to solidify and strengthen the Hitlerian terroristic regime in Germany.

c) Von Papen actively participated in the Nazi aggression against Austria culminating in its occupation.

d) Von Papen faithfully served Hitler up to the very end, aiding the Nazi plans of aggression both with his ability and his diplomatic skill.

It therefore follows that Defendant Von Papen bears considerable responsibility for the crimes of the Hitlerite regime.

For these reasons I cannot consent to the acquittal of Defendant Von Papen.

The Nuremberg Trials (Vol. 1-14)

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