These tactical errors evidently expressed an underlying shift in the realities of power. One of the strange aspects of the seizure of power was the disappearance of the enemy at the moment of confrontation. For a long time the Communists had provided Nazism with psychological nourishment. The Red menace had been the crucial inspiration, had sparked the growth of National Socialism into a mass movement. Now a Communist following numbering millions, forming a powerful and effective threat, terrifying the bourgeoisie, had evaporated without even token resistance, without dramatic action, without so much as sounding the trumpet blast for “the final conflict.” If we accept the principle that we cannot speak of Fascism without mentioning both capitalism and Communism, the historical links to both were snapped at this time. Henceforth Fascism was neither an instrument nor a negation nor a mirror image of anything. During those days of the seizure of power it came into its own. And from then on, right to the end, Communism would not again emerge as a counterforce provoking a Fascist reaction.
The dramatic Reichstag fire of February 28, 1933, must be seen against this background, as well as the years of discussion that followed over the authorship of this deed. The Communists always passionately denied any connection with the fire, and in fact they had no motive whatsoever for it. For this very reason it was possible to paint a convincing picture of Nazi responsibility, since the fire fitted so neatly into the pattern of Hitler’s strategy. For a long time the argument that the Nazis themselves were the incendiaries went almost unchallenged, although details remained unclarified.
In the early sixties Fritz Tobias published a study of the Reichstag fire which analyzed the many crude partisan fictions and myths that had grown up around the subject. Tobias came to the conclusion that the Nazis did not set fire to the Reichstag, that the act was in fact committed by the half-naked Dutchman Marinus van der Lubbe who was caught in the burning building, dripping with sweat and triumphantly babbling, “Protest! Protest!” Tobias mustered a good deal of convincing evidence for his thesis. But considerable doubts remain, and the controversy has continued.3 We need not go into it ourselves, since the question of what individual set the fire is a criminological one, with only small bearing on our understanding of the political currents. By instantly taking advantage of the fire to further their plans for dictatorship, the Nazis made the deed their own and manifested their complicity in a sense that is independent of “whodunit” questions. In Nuremberg Göring admitted that the wave of arrests and persecutions would have been carried out in any case, that the Reichstag fire only accelerated those steps.4
The first measures were taken at once, right on the spot. Hitler had been spending the evening of February 27 in Goebbels’s apartment on Reichskanzlerplatz. A telephone call from Hanfstaengl informed Goebbels that the Reichstag was in flames. Goebbels at first assumed that this report was a “wild fantasy” and forbore to tell Hitler. But, shortly afterward, the news was confirmed, and he then passed it on. Hitler’s spontaneous exclamation, “Now I have them,” indicated how he meant to use the event tactically and propagandistically. Immediately afterward, the two raced “at sixty miles an hour” down Charlottenburger Chaussee to the Reichstag. Clambering over fire hoses, they finally reached the grand lobby. Here they met Göring, who had arrived first and was “going great guns.” He had already issued the obvious statements about an organized political action by thé Communists, statements that immediately prejudiced political, journalistic, and criminological opinion. One of Gôring’s associates of that period, Rudolf Diels, who later became first chief of the Gestapo, has provided a description of the scene:
When I entered, Göring strode forward to meet me. His voice rang with all the fateful emotions of that dramatic hour: “This is the beginning of the Communist uprising. Now they are going to strike. Not a minute must be lost!”
Göring was unable to continue. Hitler turned to the assemblage. Now I saw that his face was flaming red from excitement and from the heat which had accumulated under the dome. As if he were going to burst, he screamed in an utterly uncontrolled manner such as I had never before witnessed in him: “Now there can be no mercy; whoever gets in our way will be cut down. The German people will not put up with leniency. Every Communist functionary will be shot wherever we find him. The Communist deputies must be hanged this very night. Everyone in alliance with the Communists is to be arrested. We are not going to spare the Social Democrats and members of the Reichsbanner either!
Meanwhile, Göring ordered the entire police force on maximum emergency footing. That night some 4,000 functionaries were arrested; most of them were members of the Communist Party, but included in the bag were some writers, doctors, and lawyers whom the Nazis disliked, among them Carl von Ossietzky, Ludwig Renn, Erich Mühsam, and Egon Erwin Kisch. Several Social Democratic Party headquarters and newspaper offices were occupied. “If resistance is offered,” Goebbels threatened, “then clear the streets for the SA.” And although most of those arrested had to be fetched out of their beds, and the Reichstag faction leader of the Communist Party, Ernst Torgler, voluntarily surrendered to the police in order to demonstrate the untenability of the charges, the first official account—dated that very February 27!—stated:
The burning of the Reichstag was intended to be the signal for a bloody uprising and civil war. Large-scale pillaging in Berlin was planned for as early as four o’clock in the morning on Tuesday. It has been determined that starting today throughout Germany acts of terrorism were to begin against prominent individuals, against private property, against the lives and safety of the peaceful population, and general civil war was to be unleashed….
Warrants have been issued for the arrest of two leading Communist Reichstag deputies on grounds of urgent suspicion. The other deputies and functionaries of the Communist Party are being taken into protective custody. Communist newspapers, magazines, leaflets and posters are banned for four months throughout Prussia. For two weeks all newspapers, magazines, leaflets and posters of the Social Democratic Party are banned….
Next morning Hitler, accompanied by Papen, called on the President. After giving a highly colored account of the events, he placed a prepared emergency decree before Hindenburg for signature. It utilized the pretext of the fire in truly comprehensive fashion, annulling all important fundamental rights of citizens, considerably extending the list of crimes subject to the death penalty, and providing the Reich government with numerous levers against the states. “People behaved as if stunned,” a contemporary noted. The Communist threat was taken very seriously by the ordinary man. Apartment houses organized guards against the feared pillaging. Peasants set up watches at springs and wells for fear of their being poisoned. These fears, further fanned by the whole propaganda apparatus of government and party, made it possible for the moment for Hitler to do almost anything. And with great presence of mind he made the most of the opportunity. Yet it remains incomprehensible that Papen and his conservative fellow “tamers” approved a decree that snatched all power from their hands and enabled the National Socialist revolution to burst through all the dikes.