In a shortened lunch next day, just before Hitler’s Reichstag speech, a good deal of the talk revolved around the devastation of Rostock in a renewed British raid — the heaviest so far. Much of the housing in the centre of the Baltic harbour-town had been destroyed. But the Heinkel factory had lost only an estimated 10 per cent of its productive capacity.75 German retaliation to British raids had consisted of attacks on Exeter and Bath. Goebbels favoured the complete devastation of English ‘cultural centres’.76 Hitler, furious at the new attack on Rostock, agreed, according to Goebbels’s account. Terror had to be answered with terror. English ‘cultural centres’, seaside resorts, and ‘bourgeois towns’ would be razed to the ground. The psychological impact of this — and that was the key thing — would be far greater than that achieved through mostly unsuccessful attempts to hit armaments factories. German bombing would now begin in a big way. He had already given out the directive to prepare a lengthy plan of attack on such lines.77

Goebbels raised — during the midday meal, not in private discussion — the ‘Jewish Question’ once more. By this time some if not all of the slaughterhouses in Poland were in operation. Hitler’s remarks remained, as always, menacingly unspecific. He briefly restated, according to Goebbels, his ‘pitiless (unerbittlich)’ stance: ‘he wants to drive the Jews absolutely out of Europe’. The Propaganda Minister knew, as did other ‘insiders’, what this meant. He had, after all, referred to the liquidation of the Jews in unmistakable terms in his own diary entry only a month earlier.78 The ‘hardest punishment’ that could be inflicted on the Jews was ‘still too mild’, he now added.79

Why Hitler had chosen this moment to summon the Reichstag was the subject of much speculation and rumour among the mass of the population. But the background to it and the coming assault on the judicial system remained closely guarded secrets.80 What turned out to be the last ever session of the Great German Reichstag began punctually at 3p.m. that afternoon. Hitler spoke for little over an hour. He was nervous at the beginning, starting hesitantly, then speaking so fast that parts of his speech were scarcely intelligible.81 Much of it was taken up with the usual long-winded account of the background to the war. This was followed by a description of the struggle through the previous winter — with a strong hint that the war would not be over before a new winter had to be faced.82 He then came to the centrepoint of his address. He implied that transport, administration, and justice had been found lacking. There was a side-swipe (without naming names) at General Hoepner: ‘no one can stand on their well-earned rights’, but had to know ‘that today there are only duties’. He requested from the Reichstag, therefore, ‘the express confirmation that I possess the legal right to hold each one to fulfilment of his duties’ with rights to dismiss from office without respect to ‘acquired rights’. Using the Schlitt case as his example, he launched into a savage attack on the failings of the judiciary. From now on, he said, he would intervene in such cases and dismiss judges ‘who visibly fail to recognize the demands of the hour’.83

As soon as Hitler had finished speaking, Göring read out the ‘Resolution (Beschluß)’ of the Reichstag. This unusual form of decree — a proposal by the Reichstag President for approval by the members of the Reichstag — had been suggested, then composed, by Lammers at breakneck speed before the session in order to obviate any constitutional problems but also to underline the formal granting by the popular assembly of such far-reaching powers to Hitler.84 According to the ‘Resolution’, Hitler was empowered ‘without being bound to existing legal precepts’, in his capacity as ‘Leader of the Nation, Supreme Commander of the Wehrmacht, Head of Government and supreme occupant of executive power, as supreme law-lord (oberster Gerichtsherr) and as Leader of the Party’ (the last an addition specifically inserted by Lammers), to remove from office and punish anyone, of whatever status, failing to carry out his duty, without respect to pensionable rights, and without any stipulated formal proceedings.85

Naturally, the ‘Resolution’ was unanimously approved.86 The last shreds of constitutionality had been torn apart. Hitler now was the law.

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