On August 3, 1942, two days after the trial ended, all eight were found guilty and sentenced to death. Placed before a seven-member military commission, the Germans were charged with 1) violating the law of war 2) violating Article 81 of the Articles of War, defining the offense of corresponding with or giving intelligence to the enemy 3) violating Article 82 of the Articles of War, defining the offense of spying and 4) conspiracy to commit the offenses alleged in the first three charges.įrom July 8 to August 1, 1942, the trial took place in Assembly Hall #1 on the fifth floor of the Department of Justice building in Washington D.C. Roosevelt issued Executive Proclamation 2561 establishing a military tribunal to prosecute the Germans. The FBI had no leads until Dasch gave his exaggerated and romanticized version in Washington, D.C. They convinced the FBI that they were telling the truth and the remaining six were taken into custody in New York and Chicago, Illinois by FBI agents. Upon landing, Dasch and Burger turned themselves in to the Federal Bureau of Investigation with some difficulty, since the FBI did not believe them immediately. All had received instructions in Germany from an officer of the German High Command to destroy war industries and war facilities in the United States, for which they or their relatives in Germany were to receive salary payments from the German government. The two groups promptly disposed of uniforms and proceeded in civilian dress to New York City and Jacksonville, Florida, respectively, and from there to other points in the United States. Cullen returned to his station and sounded the alarm. Cullen, whom the saboteurs attempted to bribe with $260. The Long Island group was noticed by Coast Guard beach patrolman John C. All eight wore full or partial German military uniforms so that if they were captured upon landing, they would be entitled to prisoner-of-war status rather than being treated as spies. On June 16, 1942, they came ashore during the hours of darkness. The remaining four boarded the German submarine U-584 which carried them from France to Ponte Vedra Beach, Florida. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals.īurger, Dasch, Heinck and Quirin traveled from occupied France by German submarine U-202 to Amagansett Beach, Long Island, New York, landing in the hours of darkness, on June 13, 1942. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. the law of war draws a distinction between the armed forces and the peaceful populations of belligerent nations and also between those who are lawful and unlawful combatants. It was argued July 29 and July 30, 1942, and decided July 31, 1942, with an extended opinion filed October 29, 1942.
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