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Goebbels found bringing Grynszpan to trial in Germany as difficult as it had been in France. Although the Nazis held unchallenged political power, the state bureaucracy retained its independence in many areas (and harboured the most effective networks of the German resistance). The Justice Ministry (still staffed by lawyers intent on upholding the letter of the law) argued that since Grynszpan was not a German citizen, he could not be tried in Germany for a murder he had committed outside Germany; a minor at the time, he could not face the death penalty. Arguments dragged on through 1940 and into 1941. The solution was to charge Grynszpan with high treason, for which he could be tried and executed. Persuading everyone concerned of its legality took some time, and he was not indicted until October 1941.
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