Statement concerning von Papen's non-membership in the NSDAP and his positions in the government and diplomatic service, 1932-44, including his participation (or not) in certain events

Nürnberg, 13 November 1945.
Dr. Kubusehok
Defense Lawyer of the Accused v. Papen.
Position with regard to the Preliminary Trial Brief
1. v. Papen many times rejected Hitler's request to join the NSDAP. Hitler simply sent him the "Golden Party Badge". In my opinion, legally speaking, he did not thereby become a member of the Party. This is substantiated by the fact that Hitler in a similar manner presented the "Golden Party Badge" to generals, who, in accordance with the ruling, could not as members of the Armed Forces become Party members.
2. From 1933-1945 v. Papen was a member of the Reichstag.
3. v. Papen was Reich Chancellor from 1 June 1932 to 17 November 1932. He carried on the duties of Reich Chancellor until his successor took office until 2 December 1932.
4. On 30 January 1933 v. Papen was appointed Vice Chancellor. From 30 June 1934 he ceased to exercise official duties. On that day he was placed under arrest. Immediately after his release on 3 July 1934 he went to the Reich Chancellery to hand in his resignation to Hitler. Upon his arrival at the Reich Chancellery he found that Hitler was attending a meeting of the Cabinet in which the "Law re Measures concerning State of Emergency" was being decided, v. Papen did not enter the Conference Room but asked to see Hitler in an adjoining room. There he advised Hitler, while complaining about his arrest, that after this public defamation of himself he found it impossible to belong any longer to the Cabinet and he was resigning office. Hitler in reply said that in consideration of the unfavourable impression which an immediate publication of the resignation would arouse amongst the public, it would not be announced for about a month.
v. Papen did not take part in the Cabinet meeting that day, nor in any subsequent Cabinet meetings. Neither did he discharge any other kind of official duties after that. It is true though, as I have ascertained, that his signature appeared in the RGB1 under the "Law regarding the Supreme Head of the German Reich" of 1 August 1934, as well as under the "Decree of the Reich Government with regard to the Introduction of a Popular Election" of 2 August 1934 (RGB1 1934, Part I, page 767 and page 752). This publication, in so far as the signature is concerned, is not in accordance with the facts, v. Papen never executed any such signature. This could only have been a mistake in printing or a deliberate falsification.
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5. On 13 November 1933 v. Papen became Plenipotentiary for the Saar. This office was terminated under the same circumstances described under 4.
6. On 26 July 1934 v. Papen was appointed Minister to Vienna. On the evening of the 4 February 1938 he was informed by telephone through Lammers of his recall. On 5.2.1938 he announced his recall in a note to the Austrian Foreign Minister, took leave from his Embassy personnel and travelled to Berchtesgaden to see Hitler. During his conversation with Hitler he mentioned, in passing, that Chancellor Schuschnigg had recently considered that a personal interview of his with Hitler would be expedient. Thereupon Hitler delegated v. Papen to arrange such an interview with Schuschnigg immediately. To v. Papen's objection that he was no longer empowered to exercise any official function, Hitler replied with the statement that this commission confined itself simply to arranging for this meeting.
At the conclusion of the appointed meeting with the Bund Chancellor v. Papen travelled with him to Berchtesgaden. On his return to Vienna he handed to the Austrian Bund President the official note of the latter's recall which Papen had in the meantime received.
7. v. Papen was Ambassador to Turkey from 29 April 1939 to 2 August 1944.
[signed] Dr. Kubuschok [signed] F. v. Papen