. 7,2.3 . / , ~ 1tu/J/~ ~/~". to. ~ Volume XIII Number 2 / June, 1945 7JY RESEARCH STUDIES OF THE \ STATE COLLEGE OF WASHINGTON BLUEPRINT OF THE NAZI UNDERGROUND--PAST AND FUTURE SUBVERSIVE ACTIVITIES: Robert M. W. Kempner - 51 DOCUMENT A. A POLICE RECOMMENDATION OF 1924 TO DEPORT HITLER 53 DOCUMENT B. A POLICE REPORT OF 1930 REVEALING THE NSDAP AS GUILTY OF TREASON 56 DOCUMENT C. REFUSAL OF THE REICH AITORNEY GENERAL IN 1930-32 TO PROSECUTE NAZI LEADERS FOR TREASON AND SEDITION 131 DOCUMENTS D1, D2, D3. COURT DECISIONS OF 1930-31 ON SEDITIOUS ACTIVITIES OF THE NSDAP IN THE ARMY AND POLICE 134 RECOMMENDATIONS. INTERNAL-SECURITY PROGRAM FOR OCCUPIED GERMANY 143 THE AUTHORSHIP OF The Fatal Extravagance: Paul P. Kies ISS Pullman, Washington 1 ~ .; ..f. 4 . ., • , . , •# .I ,J , RESEARCH STUDIES of the STATE COLLEGE OF WASHINGTON EDITOR-IN~CHIEF PAUl, P. KIES, Professor of English ASSOCIATE EDITORS CARl, M. BREWSTE.R CARl, 1. ERICKSON Professor of Organic Chemistry Associate Professor of Psychology HERMAN J. D/tuTSCH HI';RDI';RT L. EASTI,ICK Professor of History Associate Professor of Zoology Entered as second-class matter December 26, 1936, at the post office at Pull­ man, Washington, under Act of August 24, 1912. Research Studies of the State College of Washington is published in Pullman, Washington, by the State College of Washington. It is issued four times a year­ in March, June, September, and December. PURPOS~ Research Studies is established to provide a medium of publication for articles of research in the pure sciences and arts; it is limited to material making a contribution to knowledge. Its pages are open to the faculty and the advanced students of the State College of Washington. MANUSCRIPTS. Authors who wish to publish in Research Studies should sub­ mit their manuscripts to Paul P. Kies, Room 305, College Hall, Pullman, Wash­ ington. 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Single numbers will be sold or exchanged as long as avail­ able; orders should be addressed to Research Studies, Correspondence Office, State College of Washington, Pullman, Washington, U. S. A. For prices of back numbers (with the list of articles in each number), see pages 159-60 of the present issue and pages 93-96 of the issue for March, 1942 (Vol. X, No.1). The price of this number is one dollar. RESEARCH STUDIES of the STATE COLLEGE OF WASHINGTON VOLUME XIII JUNE, 1945 NUMBER 2 BLUEPRINT OF THE NAZI UNDERGROUND­ PAST AND FUTURE SUByERSIVE ACTIVITIES Robert M. W. Kempner INTRODUCTION The case of the Weimar Republic is the classical example of the overthrow of a democratic government by the misuse of its constitu­ tionally guaranteed civil liberties and institutions. This study shows the modus operandi of the National Socialist German Workers Party (NSDAP) and its military organization by the abuse of the freedoms of person, speech, press, assembly, and political parties as revolutionary tools. This political phenomenon was 'studied by the writer in Germany while he was serving under the Weimar Republic as disciplinary judge and as superior government counselor and legal adviser of the Police Division of the Prussian Ministry of the Interior. He followed up these tactics during the period of the Hitler regime from 1933 to 1945, when he had an opportunity to observe the application of similar techniques in France and the United States. The result of his observations and research are contained in this study, composed of hitherto-unknown confidential documents which have been translated, annotated, and edited. The originals were brought out of Germany by the writer under personal risk,! reaching the United States in 1940. Probably no other copies are available. The writer hopes that this study will be of interest to historians, political scientists, and administrators of occupied Germany and also be of value in the prosecution of war criminals. Through the proper translation of the documents, the writer tried to establish a standard terminology of German expressions. A list of important dates in the development of the National Socialist Party and translations of the pertinent sections of German criminal law is added. 1 The writer is deeply indebted to Mr. Carl Chandler Adair for his translation of these documents and to Miss Ethel Frey for her assistance in editing the material. The study could not have been completed without their untiring assist­ ance. He is indebted also to those persons w.ho were helpful to him in bringing the documents from Germany to Switzerland. ... 52 Research Studies, State College of Washington Vol. XIII The danger of the Hitler movement was recognized by responsible law enforcement officers in Germany long before 1930. Even back in 1924 the Bavarian Police Administration emphasized the immediate threat to the existence of. the State. This is revealed in the almost prophetic parole report concerning Hitler made by the Bavarian Secret! Police; this report is published as Document A of this study. It re­ quested that Hitler should serve his full five-year term for high trea­ son, or be deported as an undesirable alien for being a constant danger to the State. This official suggestion, however, was sabotaged by friends of the Nazis within the Bavarian Administration of Justice­ among them the Minister Franz Guertner, who was appointed as Reich Minister of Justice in 1933. The next move to avert the danger of the National Socialists by means of law enforcement was made by the Police Division of the Prussian Ministry of' the Interior in 1930. The Ministry ordered a thorough investigation of the Nazi Party and its officers, in order to ascertain whether the Party violated the statutes on high treason, sedition, and conspiracy, and other provisions of German criminal law. The result of the investigations made by the secret services of Prussia, Bavaria, and Hesse is a confidential report of the Prussian Secret Police-which was supervised by the Ministry of the Interior-on the treasonable and conspirative character of the Nazi Party, written in August, 1930 (that is, two and a half years before the Nazis acceded to power). This report is the principal document of this study (Docu­ ment B). It shows in detail the techniques of the Nazis in their misuse of the constitutionally guaranteed freedoms and the democratic insti­ tutions as tools for the final abolition of these freedoms. It also reveals their subversive methods in undermining and infiltrating the State apparatus, especially the army and the police. Details of these methods are presented also in various court decisions which are part of this study (Documents Dl, D2, and D3). The legal analysis of these Nazi techniques by the Ministry of the Interior (the present writer was at that time the responsible legal counsel) characterized the Nazi activities-allegedly performed within the boundaries of civil rights-as treasonable acts punishable according to the German Criminal Code. The Nazi Party itself, camouflaged as a parliamentarian party, was analyzed as a treasonable organization. This report on the treasonable nature of the Nazi organizations was submitted to the Oberreichsanwalt (Reich Attorney General), 1945 Blueprint of the Nazi Underground 53 Karl August Werner, and to other agencies, as basic material for the prosecution of the Party and its officers. Werner's act of sabotage in deliberately refusing to enforce the law is disclosed in correspondence designated herein as Document C. It consists of letters between the Oberreichsanwalt and the author, who used a pen name because of his official position as legal adviser of the Prussian government. This cor­ respondence was terminated by the final announcement of the Ober­ reichsanwalt that he would not prosecute the Nazi Party and its officers for high treason and secret conspiracy. The result of this surrender of the democratic duty for law enforcement was that a criminal gang which endangered the freedom of all peace-loving countries came to power. DOCUMENT A. A POLICE RECOMMENDATION OF 1924 TO DEPORT HITLER Document A is a report made by the Bavarian Secret Police to the Bavarian State Ministry of the Interior on September 22, 1924, recommending the deportation of Adolf Hitler.t On April 1, 1924, the People's Court of Munich had sentenced Adolf Hitler to five years' confinement in a fortress for high treason. However, the court ruled that Adolf Hitler, Friedrich Weber, and Hermann Kriebel, who had been in prison since November 9, 1923, be placed on parole after serving six more months. This unusual ruling caused the State Police Administration at Munich (Polizeidirektion Muenchen), in charge of internal security in. Bavaria, to protest strongly against the planned parole measures and to request Hitler's deportation should the parole unexpectedly be granted. These suggestions were made in two confidential reports of May 8 and September 22, 1924, addressed to the Bavarian State Min­ istry of the Interior, which was the supervisory agency of the State Police. As a result of these reports, the Bavarian State Attorney filed formal complaints protesting against the parole ruling.