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Military Tribunals: the Quirin Precedent
Order Code RL31340 CRS Report for Congress Received through the CRS Web Military Tribunals: The Quirin Precedent March 26, 2002 Louis Fisher Senior Specialist in Separation of Powers Government and Finance Division Congressional Research Service The Library of Congress Military Tribunals: The Quirin Precedent Summary On November 13, 2001, President George W. Bush issued a military order to provide for the detention, treatment, and trial of those who assisted the terrorist attacks on the two World Trade Center buildings in New York City and the Pentagon on September 11. In creating a military commission (tribunal) to try the terrorists, President Bush modeled his tribunal in large part on a proclamation and military order issued by President Franklin D. Roosevelt in 1942, after the capture of eight German saboteurs. This report describes the procedures used by the World War II military tribunal to try the eight Germans, the habeas corpus petition to the Supreme Court, and the resulting convictions and executions. Why was the tribunal created, and why were its deliberations kept secret? How have scholars evaluated the Court’s decision in Ex parte Quirin (1942)? The decision was unanimous, but archival records reveal division and disagreement among the Justices. Also covered in this report is a second effort by Germany two years later to send saboteurs to the United States. The two men captured in this operation were tried by a military tribunal, but under conditions and procedures that substantially reduced the roles of the President and the Attorney General. Those changes resulted from disputes within the Administration, especially between the War Department and the Justice Department. -
A Counterintelligence Reader, Volume 2 Chapter 1, CI in World
CI in World War II 113 CHAPTER 1 Counterintelligence In World War II Introduction President Franklin Roosevelts confidential directive, issued on 26 June 1939, established lines of responsibility for domestic counterintelligence, but failed to clearly define areas of accountability for overseas counterintelligence operations" The pressing need for a decision in this field grew more evident in the early months of 1940" This resulted in consultations between the President, FBI Director J" Edgar Hoover, Director of Army Intelligence Sherman Miles, Director of Naval Intelligence Rear Admiral W"S" Anderson, and Assistant Secretary of State Adolf A" Berle" Following these discussions, Berle issued a report, which expressed the Presidents wish that the FBI assume the responsibility for foreign intelligence matters in the Western Hemisphere, with the existing military and naval intelligence branches covering the rest of the world as the necessity arose" With this decision of authority, the three agencies worked out the details of an agreement, which, roughly, charged the Navy with the responsibility for intelligence coverage in the Pacific" The Army was entrusted with the coverage in Europe, Africa, and the Canal Zone" The FBI was given the responsibility for the Western Hemisphere, including Canada and Central and South America, except Panama" The meetings in this formative period led to a proposal for the organization within the FBI of a Special Intelligence Service (SIS) for overseas operations" Agreement was reached that the SIS would act -
Tsetusuo Wakabayashi, Revealed
Tsetusuo Wakabayashi, Revealed By Dwight R. Rider Edited by Eric DeLaBarre Preface Most great works of art begin with an objective in mind; this is not one of them. What follows in the pages below had its genesis in a research effort to determine what, if anything the Japanese General Staff knew of the Manhattan Project and the threat of atomic weapons, in the years before the detonation of an atomic bomb over Hiroshima in August 1945. That project drew out of an intense research effort into Japan’s weapons of mass destruction programs stretching back more than two decades; a project that remains on-going. Unlike a work of art, this paper is actually the result of an epiphany; a sudden realization that allows a problem, in this case the Japanese atomic energy and weapons program of World War II, to be understood from a different perspective. There is nothing in this paper that is not readily accessible to the general public; no access to secret documents, unreported interviews or hidden diaries only recently discovered. The information used in this paper has been, for the most part, available to researchers for nearly 30 years but only rarely reviewed. The paper that follows is simply a narrative of a realization drawn from intense research into the subject. The discoveries revealed herein are the consequence of a closer reading of that information. Other papers will follow. In October of 1946, a young journalist only recently discharged from the US Army in the drawdown following World War II, wrote an article for the Atlanta Constitution, the premier newspaper of the American south. -
The Influence of Ex-Parte Quirin and Courts
Copyright 2008 by Northwestern University School of Law Vol. 103 Northwestern University Law Review Colloquy THE INFLUENCE OF EX PARTE QUIRIN AND COURTS-MARTIAL ON MILITARY COMMISSIONS Morris D. Davis* Professor Greg McNeal was an academic consultant to the prosecution during my tenure as the Chief Prosecutor for the military commissions at Guantánamo Bay, Cuba. We had similar perspectives on many issues, and we still confer on detainee matters. I concur with the views expressed in his essay.1 I write to address two issues Professor McNeal identified and com- ment on how they affect the military commissions. First, I examine the case of the Nazi saboteurs—captured, tried, and executed in the span of seven weeks in 1942—and its influence on the decision in 2001 to resurrect military commissions. Second, I assess the conflicting statutory provisions in the Military Commissions Act and the impact on full, fair, and open tri- als. I. ATTEMPTING TO REPEAT HISTORY Professor McNeal argues that the administration chose military com- missions to protect information collected for intelligence (intel) purposes from disclosure. Safeguarding intel, particularly the sources and methods used to acquire information, was a key factor, but I believe the decision had a broader basis heavily influenced by a precedent-setting trial in 1942 that became the template for the President‘s Military Order of November 13, 2001.2 Shortly after midnight the morning of June 13, 1942, four men left a German submarine and came ashore at Amagansett Beach, New York.3 * Morris D. Davis served as Chief Prosecutor for the military commissions at Guantánamo Bay, Cuba, from September 2005 to October 2007. -
Download FEBRUARY 1946.Pdf
Confidential - Restricted to the use of Law Enforcement officials. (;february HEADQUARTERS OF THE FBI, DEPARTMENT OF JUSTICE BUILDING, J01. 15 WASHINGTON, D.C. No.2 . The Federal Bureau of Investigation, United States Department of Justice, 18 charged with the duty of investigating violations of the laws of the United States and collecting evidence in cases in which the United States is or may ~ be a party in interest. The following list indicates some of the major violations over which the Bureau has investigative jurisdiction: Espionage, Sabotage, Violations of the Neutrality Act and similar mat- ters related to Internal Sp.curity National Motor Vehiclp Theft Act Interstate transportation of stolen property valued at $5,000 or more National Bankruptcy Act Interstate flight to avoid prosecution or testifying in certain cases White Slave Traffic Act Imper~onation of Government Officials Larceny of Goods in Interstate Commerce Killing or Assaulting Federal Officer Cases involving transportation in interstate or foreign commerce of any persons who hQve been kidnaped Extortion cases where mail is used to transmit threats of violence to persons or property; also cases where interstate commerce is an ele- ment and the means of communication is by telegram, telephone or other carrier Theft, Embezzlement or Illegal Possession of Government Property Antitrust Laws Robbery of National Banks, insured banks of the Federal Deposit Insurance Corporation, Member Banks of the Federal Reserve System and Federal Loan and Savings Institutions National -
Erich Gimpel and Colepaugh Case KV 2/564
Reference abstracts of KV 2/564 This document contains materials derived from the latter file Its purpose: to be used as a kind of reference document, containing my personal selection of report sections; considered being of relevance. My input: I have in almost every case created transcripts of the just reproduced file content. However, sometimes adding my personal opinion; always accompanied by: AOB (with- or without brackets) Please do not multiply this document Remember: that the section-copies still do obey to Crown Copyright By Arthur O. Bauer Please notice: For simplicity, I have this time not completely transcribed all genuine text contents, therefore I would like to advise you to read these passages also. This concerns a unique Story, where two spies had been brought ashore on the beach of Frenchman’s Bay in the US State Maine, on 29th November 1944. One was Erich Gimpel the second one was Colepaugh a US born ‘subject’. Erich Gimpel passed finally away in 2010, living Sao Paulo, at an age of 100 years! As to ease to understand the context I first would like to quote from Wikipedia. Quoting from: https://en.wikipedia.org/wiki/Erich_Gimpel Erich Gimpel From Wikipedia, the free encyclopaedia Erich Gimpel (25 March 1910 in Merseburg – 3 September 2010 in Sao Paulo) was a German spy during World War II. Together with William Colepaugh, he traveled to the United States on an espionage mission (operation Elster) in 1944 and was subsequently captured by the FBI in New York City.[1] German secret agent Gimpel had been a radio operator for mining companies in Peru in the 1930s. -
CI Reader Volume II
TABLE OF CONTENTS Chapter 1Counterintelligence In World War II ................................................................................... 1 Introduction ...................................................................................................................................... 1 The Office of Naval Intelligence (ONI) .................................................................................................. 3 Storm on the Horizon ....................................................................................................................... 3 Contributing to Victory.................................................................................................................... 4 A New Kind of Conflict ................................................................................................................... 4 A Continuing Need .......................................................................................................................... 5 Colepaugh and Gimpel ............................................................................................................................ 5 The Custodial Detention Program ........................................................................................................ 17 President Roosevelts Directive of December 1941 ............................................................................. 21 German Espionage Ring Captured ....................................................................................................... -
Building a Better Mousetrap: Patenting Biotechnology in The
POST PP-WALKER-MONTELEONE (DO NOT DELETE) 12/20/2016 7:20 PM THE EXECUTION OF THE INNOCENT IN MILITARY TRIBUNALS: PROBLEMS FROM THE PAST AND SOLUTIONS FOR THE FUTURE By Justin Walker I. INTRODUCTION ................................................................................. 3 II. THE DAKOTA WAR, ITS TRIBUNALS, AND PUBLIC SENTIMENT ....... 5 A. The Dakota War ........................................................................ 5 B. Chaska: Wrongfully Convicted ............................................... 10 C. Public Opinion Among White Minnesotans Regarding the Dakota War and Its Tribunals ................................................ 12 III. THE GERMAN WOULD-BE SABOTEURS, THEIR TRIBUNAL, AND PUBLIC SENTIMENT ........................................................................ 15 A. The German Sabotage Mission and Tribunal ......................... 15 B. George Dasch, Peter Burger, and Herbert Haupt: Wrongfully Convicted ............................................................. 19 1. George Dasch and Peter Burger ........................................ 20 2. Herbert Haupt .................................................................... 22 C. Public Opinion in the United States Regarding the Would-Be Saboteurs and Their Tribunal ................................ 25 IV. HOW THE STRUCTURAL INFIRMITIES OF THE DAKOTA AND SABOTEUR TRIBUNALS LED TO WRONGFUL CONVICTIONS .......... 27 A. How the Structural Infirmities of the Dakota Tribunals Led to Wrongful Convictions ................................................. -
Military Tribunals: Historical Patterns and Lessons
Order Code RL32458 CRS Report for Congress Received through the CRS Web Military Tribunals: Historical Patterns and Lessons July 9, 2004 Louis Fisher Senior Specialist in Separation of Powers Government and Finance Division Congressional Research Service ˜ The Library of Congress Military Tribunals: Historical Patterns and Lessons Summary After the terrorist operations of September 11, 2001, President George W. Bush authorized the creation of military tribunals to try individuals who offered assistance to the attacks on New York City and Washington, D.C. The military order issued by President Bush closely tracks the model established by President Franklin D. Roosevelt for a military tribunal appointed in 1942 to try eight German saboteurs. In Ex parte Quirin (1942), the Supreme Court unanimously upheld the jurisdiction of Roosevelt’s tribunal (also called “military commission”). This report summarizes the types of military tribunals that have functioned from the Revolutionary War to the present time, explaining the legislative enactments that have guided these tribunals and the judicial decisions that have reviewed their constitutionality. One of the principal methods of legislative control over military trials, including tribunals, are the Articles of War that Congress enacts into law. The Constitution vests in Congress the power to “constitute Tribunals inferior to the supreme Court,” to “make rules for the Government and Regulation of the land and naval Forces,” and to “define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations.” By enacting Articles of War, Congress defined not only the procedures but also the punishments to be applied to the field of military law. -
Heart Failure It Happens to All of Us, Sooner Or Later, If We Live Long Enough
MARCO’s “AETHER” Pronounced “Ether” Medicine & Radio in One Medium President: Mary Favaro, M.D., AE4BX Official Publication of the Medical Amateur Radio Council Past President: Linda Krasowski, RN, KE5BQK 80th Pres. Elect: Jeffrey Wolf, M.D., K6JW Secretary: Danny Centers, EC, W4DAN Edition Web Master: Bruce Small, M.D., KM2L Treasurer: Danny Centers EC, W4DAN 2000-2013 Radio-Internet: Chip Keister, M.D., N5RTF MediShare: Arnold Kalan, M.D., WB6OJB News Editor: Warren Brown, M.D., KD4GUA A non-profit Corporation, founded in 1965, privately supported for the public good and dedicated to the advancement of Medicine through Amateur Radio. Marco Blogsite: marco-Ltd.blogspot.com Web Site: http://www.marco-ltd.org “listserve”: http://googlegroups.com Internet address: [email protected] Vol. XXXVIII, (38th year), Edition #80 since Year 2000), April 2013 P.O. Box 127, Indian Rocks Beach, FL., 33785-0127 HEART FAILURE IT HAPPENS TO ALL OF US, SOONER OR LATER, IF WE LIVE LONG ENOUGH. THE HEART IS SIMPLY UNABLE LIFE ITSELF, HOW THE HEART BEATS: TO DISTRIBUTE BLOOD FLOW TO MEET THE NEEDS OF The heart is an electrical pump. The human race passes, with the conception of life, the energy to operate a battery— THE BODY. 20% HOSPITAL READMISSION RATES AT called a “pacemaker.” This is the very source of life itself—for ONE MONTH; 50% AT SIX MONTHS. when the battery runs down productive life will begin to cease—and when its energy is depleted life itself will stop. The energy needed to activate the heart pump is generated Heart failure (HF) often called “congestive heart failure (CHF) occurs by the reciprocal passage of two substances, sodium & potas- when the heart is unable to provide sufficient pump action to distribute sium, in and out of the pacemaker’s cells. -
Erich Gimpel—Agente Secreto Alemão - P 05
Ano - 8 n° 66 São Paulo - Brasil - Edição 66 22/04/2020 ANADIP APRESENTA SUA NOVA CREDENCIAL COM O CÓDIGO QR CODE - P 02 ****** INVESTIGAÇÃO DOCUMENTAL - P 03 ****** Erich Gimpel—Agente Secreto Alemão - P 05 ****** Serbian Association of Bodyguards - P 06 ****** International Security Union - P 07 ****** Nazione Templare – Nation Templière - P 08 ****** RADIO CAFFÉ CRIMINALE - P 10 ****** Izzy Einstein e Moe Smith - P 11 ****** William J. Burns - P 14 ****** Instituto Federal de Ensino e Investigação - P16 O Jornal que aborda o trabalho de Detetives, no Brasil e no Mundo. Página 2 DETECTIVE NEWS ANADIP - ASSOCIAÇÃO NACIONAL DOS DETETIVES E INVESTIGADORES PRIVADOS DO BRASIL ANADIP APRESENTA AOS SEUS ASSOCIADOS SUA NOVA CREDENCIAL DE IDENTIFICAÇÃO COM O CÓDIGO QR CODE Lançada em janeiro de 2020 a nova credencial de identificação da ANADIP – Associação Nacional dos Detetives e Investigadores Privados do Brasil, visa melhorar e facilitar o trabalho do profissional e associado. Segundo o detetive Luiz Gomes, presidente da ANADIP, a inserção do Código QR Code no verso da credencial permitirá que qualquer pessoa, clientes e principalmente as autoridades policiais checarem em tempo real a veracidade da documentação apresentada pelo profissional quando solicitada. Informações como o nome completo do profissional, matrícula, data de admissão e validade do registro de associado estarão disponíveis para consulta no site da associação. De acordo com o presidente da ANADIP, a nova credencial, além aperfeiçoar o controle do quadro de associados, trará mais segurança e credibilidade para o seu portador. Fonte: http://anadipbrasil.org.br/anadip-apresenta-aos-seus-associados-sua-nova-credencial-de-identificacao- com-o-codigo-qr-code/ Apoio: Diretor Geral e Jornalista - MTB /SP Fábio Lacerda - Consult. -
'Doctor, I Want My Young Face Back!”
MARCO’s “AETHER” Pronounced “Ether” Medicine & Radio in One Medium President: Mary Favaro, M.D., AE4BX Official Publication of the Medical Amateur Radio Council Past President: Linda Krasowski, RN, KE5BQK 78th Pres. Elect: Jeffrey Wolf, M.D., K6JW Secretary: Danny Centers, EC, W4DAN Edition Web Master: Bruce Small, M.D., KM2L Treasurer: Danny Centers EC, W4DAN 2000-2012 Radio-Internet: Chip Keister, M.D., N5RTF MediShare: Arnold Kalan, M.D., WB6OJB News Editor: Warren Brown, M.D., KD4GUA A non-profit Corporation, founded in 1965, privately supported for the public good and dedicated to the advancement of Medicine through Amateur Radio. Marco Blogsite: marco-Ltd.blogspot.com Web Site: http://www.marco-ltd.org “listserve”: http://googlegroups.com Internet address: [email protected] Vol. XXXVII, (37th year), Edition #78 since Year 2000), December 2012 P.O. Box 127, Indian Rocks Beach, FL., 33785- ‘DOCTOR, I WANT MY YOUNG FACE BACK!” 3-D FACE PRINTING IN THE FUTURE WILL ALLOW ONE TO EITHER REPLACE AN AGING FACE WITH THE My face doesn’t YOUNGER FACE MOLD MADE EARLIER OR BY REPLACING IT WITH A FACE FROM THE INTERNET— come cheap PERPETURAL YOUTH ? “Modern Meadow, Inc.” is already producing fake “meat.” Need an artery for bypass surgery or custom cartilage for that worn- out knee? Hit “PRINT.” It all began in Japan where Professor Nakamura found that droplets from inkjet printers were about the same size as human cells. He bought a home- use Seiko Epson printer in 2002 and tried to eject cells with it. But the inkjet nozzle got clogged.