Ex Parte Quirin

317 U.S. 1 (1942)

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Nature of the Case

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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 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 review of the record of the trial and 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 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.