EX PARTE QUIRIN
317 U.S. 1 (1942)
NATURE OF THE CASE: Ps filed petitions for habeas corpus to the United States District
Court for the District of Columbia, which entered orders denying the motions. Motions for
leave to file petitions for habeas corpus were then presented to the Supreme Court.
FACTS: All Ps were born in Germany; all have lived in the United States. All returned to
Germany between 1933 and 1941. All except Haupt are citizens of the German Reich, with which
the United States is at war. Haupt came to this country with his parents when he was five
years old; it is contended that he became a citizen of the United States by virtue of the
naturalization of his parents during his minority and that he has not since lost his
citizenship. Ps received training at a sabotage school near Berlin, Germany, where they were
instructed in the use of explosives and in methods of secret writing. The first group of
four boarded a German submarine which proceeded across the Atlantic to Amagansett Beach on
Long Island, New York. The four were there landed from the submarine in the hours of
darkness, on or about June 13, 1942, carrying with them a supply of explosives, fuses and
incendiary and timing devices. They wore German Marine Infantry uniforms. After landing they
buried their uniforms and their weapons and proceeded in civilian dress to New York City.
The second group of four were landed by another submarine in Ponte Vedra Beach, Florida.
When landing they wore caps of the German Marine Infantry and carried with them a supply of
explosives, fuses, and incendiary and timing devices. They buried their caps and weapons and
proceeded in civilian dress to Jacksonville, Florida, and thence to various points in the
United States. All were taken into custody in New York or Chicago by agents of the FBI.
Their orders were to destroy war industries and war facilities in the United States. There
were paid by the German Government during their course of training at the sabotage school
and had received substantial sums in United States currency, which were in their possession
when arrested. The currency had been handed to them by an officer of the German High
Command, who had instructed them to wear their German uniforms while landing in the United
States. The President, appointed a Military Commission and directed it to try petitioners
for offenses against the law of war and the Articles of War, and prescribed regulations for
the procedure on the trial and for review of the record of the trial and of any judgment or
sentence of the Commission. The President declared that 'all persons who are subjects,
citizens or residents of any nation at war with the United States or who give obedience to
or act under the direction of any such nation, and who during time of war enter or attempt
to enter the United States ... through coastal or boundary defenses, and are charged with
committing or attempting or preparing to commit sabotage, espionage, hostile or warlike
acts, or violations of the law of war, shall be subject to the law of war and to the
jurisdiction of military tribunals'. The Proclamation also stated in terms that all such
persons were denied access to the courts. Ps were turned over to the Provost Marshal of the
Military District of Washington. Charges were levied against them to include violations of
the law of war and the Articles of War and conspiracy to violate the Articles. The
Commission met on July 8, 1942, and proceeded with the trial. The states in which each of
the petitioners was arrested or detained, have been open and functioning normally. Ps filed
a petition for habeas corpus. It was denied by the District Court. The Supreme Court granted
certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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