Der Fuehrer - Hitler's Rise to Power (1944) - Heiden

THE BLOOD PURGE 727Jurists,' which he had founded and of which he had been the head forseveral years, as the 'German Juridical Front,' Respectable old legalsocieties, such as the Prussian Judges' Union and the German Lawyers'Union, had to join this 'Juridical Front' in a body. It can be said for theGerman judges that, at least for a time, they tried to oppose the rape ofthe law by the National Socialists; the largest of their organizations, the'German Judges' Union,' declared on March 19 that the German judge'has always ordained justice in accordance with the law and hisconscience. This must continue to be so!' Later these same judgesdeclared that their mission was 'to protect the weak.' This was not at allthe National Socialist idea, and Frank replied contemptuously: yes,previous justice did 'protect the weak and created a morality for slaves.'Now equal rights no longer existed for all, but only for those who, inHitler's words, 'did not refuse their support to the government.'According to Kerrl the idea that 'objectivity must be the idol ofjurisprudence' was a superstition; no, justice must not 'practice deadobjectivity worship'; and Frank said: 'Law should not protect theweakling, but make the strong even stronger.'The German judges' backbone was broken when the governmentbroke down the security of their existence. As in England, the judges inGermany had held tenure for life and could not be removed from office.This privilege, designed to insure the independence of the courts, waseliminated by the National Socialists. For many months the Germanjudges tried to preserve the principle of equality at least in the wordingof the laws, and the old officials of the Reich Ministry of Justice insistedthat murder must remain murder, and homicide, homicide, no matterwho was the criminal and who the victim. The S.A. leaders wereparticularly bitter about this. As it was, the police and publicprosecutors often did not dare to bring National Socialist murderers tojustice; but the SA. men demanded that their impunity be confirmed bylaw. For this reason, as early as March 21, the government of the Reichdecreed an 'amnesty' covering crimes under the previous regime 'whichwere committed out of the best will for the good of the Reich.' At oncethe five murderers of Potempa were released from prison.