Smetona, who continued to disagree with the majority of his government, decided to leave the country in protest and appointed Merkys as acting President.[50] By late evening on June 15, Smetona and Minister of Defense Kazys Musteikis reached Kybartai and crossed the border into Germany, where they were granted temporary asylum.[50] The Lithuanian guards did not allow them to pass; thus, Smetona had to wade across the shallow Liepona rivulet.[50] Smetona's departure worked to the Soviets′ advantage; its indignity opened him to ridicule and they were able to exploit the sentiments against him without fearing that he would be seen as a martyr.[50] By fleeing, Smetona escaped the fate of Latvian President Kārlis Ulmanis and Estonian President Konstantin Päts, who were manipulated by the Soviets and later arrested.[51] Under the Lithuanian constitution, Merkys became acting president.