II. _The Unfounded Acquittal of Defendant Von Papen._

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.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 01 · 第 193 / 199 题