Here is the evidence concerning the case of Dr. Klausener who was beaten to death by NAZI thugs in a protest against the Hitler regime it is a short piece in the last section underlined in bold type.
Please note that Sachenhausen Concentration Camp did not open until the middle of 1936.
These lawyers did not represent Frau Klausener under the German Justice Ministry description of the use of this law, or they would have insisted in representing her fairly. They had probably not had the full meaning of the Law on Legal Advice 1935 explained to them, however, a trip to Sachenhausen educated them fully.
Please also read the other two section underlined in bold type. You will see very
The Reichstag fire
On February 27, Hitler was enjoying supper at the Goebbels home when the telephone rang with an emergency message: “The Reichstag is on fire!” Hitler and Goebbels rushed to the fire, where they encountered Hermann Goering, who would later become Hitler’s air minister. Goering was shouting at the top of his lungs,
This is the beginning of the Communist revolution! We must not wait a minute. We will show no mercy. Every Communist official must be shot, where he is found. Every Communist deputy must this very day be strung up.
The day after the fire, the Prussian government announced that it had found communist publications stating,
Government buildings, museums, mansions and essential plants were to be burned down... . Women and children were to be sent in front of terrorist groups.... The burning of the Reichstag was to be the signal for a bloody insurrection and civil war.... It has been ascertained that today was to have seen throughout Germany terrorist acts against individual persons, against private property, and against the life and limb of the peaceful population, and also the beginning of general civil war.
So how was Goering so certain that the fire had been set by communist terrorists? Arrested on the spot was a Dutch communist named Marinus van der Lubbe. Most historians now believe that van der Lubbe was actually duped by the Nazis into setting the fire and probably was even assisted by them, without his realizing it.
Why would Hitler and his associates turn a blind eye to an impending terrorist attack on their national congressional building or actually assist with such a horrific deed? Because they knew what government officials have known throughout history — that during extreme national emergencies, people are most scared and thus much more willing to surrender their liberties in return for “security.” And that’s exactly what happened during the Reichstag terrorist crisis.
Suspending civil liberties
The day after the fire, Hitler persuaded President Hindenburg to issue a decree entitled, “For the Protection of the People and the State.” Justified as a “defensive measure against Communist acts of violence endangering the state,” the decree suspended the constitutional guarantees pertaining to civil liberties:
Restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press; on the rights of assembly and association; and violations of the privacy of postal, telegraphic and telephonic communications; and warrants for house searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
Two weeks after the Reichstag fire, Hitler requested the Reichstag to temporarily delegate its powers to him so that he could adequately deal with the crisis. Denouncing opponents to his request, Hitler shouted, “Germany will be free, but not through you!” When the vote was taken, the result was 441 for and 84 against, giving Hitler the two-thirds majority he needed to suspend the German constitution. On March 23, 1933, what has gone down in German history as the “Enabling Act” made Hitler dictator of Germany, freed of all legislative and constitutional constraints.
The judiciary under Hitler
One of the most dramatic consequences was in the judicial arena. Shirer points out,
Under the Weimar Constitution judges were independent, subject only to the law, protected from arbitrary removal and bound at least in theory by Article 109 to safeguard equality before the law.
In fact, in the Reichstag terrorist case, while the court convicted van der Lubbe of the crime (who was executed), three other defendants, all communists, were acquitted, which infuriated Hitler and Goering. Within a month, the Nazis had transferred jurisdiction over treason cases from the Supreme Court to a new People’s Court, which, as Shirer points out,
soon became the most dreaded tribunal in the land. It consisted of two professional judges and five others chosen from among party officials, the S.S. and the armed forces, thus giving the latter a majority vote. There was no appeal from its decisions or sentences and usually its sessions were held in camera. Occasionally, however, for propaganda purposes when relatively light sentences were to be given, the foreign correspondents were invited to attend.
One of the Reichstag terrorist defendants, who had angered Goering during the trial with a severe cross-examination of Goering, did not benefit from his acquittal. Shirer explains:
The German communist leader was immediately taken into “protective custody,” where he remained until his death during the second war.
In addition to the People’s Court, which handled treason cases, the Nazis also set up the Special Court, which handled cases of political crimes or “insidious attacks against the government.” These courts
consisted of three judges, who invariably had to be trusted party members, without a jury. A Nazi prosecutor had the choice of bringing action in such cases before either an ordinary court or the Special Court, and invariably he chose the latter, for obvious reasons. Defense lawyers before this court, as before the Volksgerichtshof, had to be approved by Nazi officials. Sometimes even if they were approved they fared badly. Thus the lawyers who attempted to represent the widow of Dr. Klausener, the Catholic Action leader murdered in the Blood Purge, in her suit for damages against the State were whisked off to Sachsenhausen concentration camp, where they were kept until they formally withdrew the action.
Even lenient treatment by the Special Court was no guarantee for the defendant, however, as Pastor Martin Niemoeller discovered when he was acquitted of major political charges and sentenced to time served for minor charges. Leaving the courtroom, Niemoeller was taken into custody by the Gestapo and taken to a concentration camp.
The Nazis also implemented a legal concept called Schutzhaft or “protective custody” which enabled them to arrest and incarcerate people without charging them with a crime. As Shirer put it,
Protective custody did not protect a man from possible harm, as it did in more civilized countries. It punished him by putting him behind barbed wire.
On August 2, 1934, Hindenburg died, and the title of president was abolished. Hitler’s title became Führer and Reich Chancellor. Not surprisingly, he used the initial four-year “temporary” grant of emergency powers that had been given to him by the Enabling Act to consolidate his omnipotent control over the entire country.
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