Nazi Saboteurs on Trial: A Military Tribunal and American Law / Edition 2

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Although huge in scope and impact, the 9/11 attacks were not the first threat by foreign terrorists on American soil. During World War II, eight Germans landed on our shores in 1942 bent on sabotage. Caught before they could carry out their missions, under FDR's presidential proclamation they were hauled before a secret military tribunal and found guilty. Meeting in an emergency session, the Supreme Court upheld the tribunal's authority. Justice was swift: six of the men were put to death-a sentence much more harsh than would have been allowed in a civil trial.

Louis Fisher chronicles the capture, trial, and punishment of the Nazi saboteurs in order to examine the extent to which procedural rights are suspended in time of war. One of America's leading constitutional scholars, Fisher analyzes the political, legal, and administrative context of the Supreme Court decision Ex parte Quirin (1942). He reconstructs a rush to judgment that has striking relevance to current events by considering the reach of the law in trials conducted against wartime enemies.

Fisher contends that, although the Germans did not have a constitutional right to a civil trial, the tribunal represented an ill-conceived concentration of power within the presidency, supplanting essential checks from the judiciary, Congress, and the office of the Judge Advocate General. He also reveals that the trials were conducted in secret not to preserve national security but rather to shield the government's chief investigators and sentencing decisions from public scrutiny and criticism. Thus, the FBI's bogus claim to have nabbed the saboteurs entirely on their own was allowed to stand, while the saboteurs' death sentences were initially kept hidden from public view.

Fisher provides an inside look at the judicial deliberations, drawing on the 3,000-page tribunal transcript, Supreme Court records, and the private papers of the justices and executive officials involved. He analyzes the deep disagreements within the Roosevelt administration, leading to a conclusion in 1945 that the process used against the eight Germans had been defective and, thus, that an entirely different procedure was needed to prosecute two later German saboteurs.

Nazi Saboteurs on Trial also reveals just how poorly the justices resisted wartime pressures and how badly they failed to protect procedural rights. Although Ex parte Quirin is cited as an "apt precedent" by the Bush administration for the trying of suspected al Qaeda terrorists, Fisher concludes that the 1942 decision was, in the words of Justice Felix Frankfurter, "not a happy precedent." His book provides a sober cautionary tale for our current effort to balance individual rights and national security.

About the Author:
Louis Fisher is Senior Specialist in Separation of Powers with the Congressional Research Service of the Library of Congress. Among his books are Presidential War Power, Constitutional Conflicts Between Congress and the President, and Religious Liberty in America.

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Editorial Reviews

Library Journal
In his first of two books analyzing military tribunals in this country and assessing their effectiveness and constitutionality, Fisher, senior specialist in Separation of Powers within the Congressional Research Service of the Library of Congress, examines the U.S. Supreme Court case of Ex parte Quirin (1942). It involved eight German saboteurs who landed in the United States during World War II and were tried by a military tribunal created by President Roosevelt. Parallels between executive and judicial decisions in Ex parte Quirin are connected to questions concerning procedures for military tribunals under the current Bush administration. A central question is what is permissible executive and judicial authority in cases involving military and other enemy belligerents. In addition, Fisher inquires what legal standards and political constraints should be applied to permit military tribunals and under what authority did President Roosevelt have to deny access to civil courts; did he usurp congressional statutory authority? Fisher's knowledgeable analysis is a welcome addition to collections concerning American history and current affairs in public and academic libraries and informs any debate about revived use of such tribunals.-Steven Puro, St. Louis Univ. Copyright 2003 Reed Business Information.
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Product Details

  • ISBN-13: 9780700613878
  • Publisher: University Press of Kansas
  • Publication date: 6/18/2005
  • Series: Landmark Law Cases and American Society
  • Edition description: ABR
  • Edition number: 2
  • Pages: 196
  • Product dimensions: 5.50 (w) x 8.50 (h) x 0.45 (d)

Table of Contents

1 School for saboteurs 1
2 Misadventures in America 21
3 The military tribunal at work 37
4 The Supreme Court steps in 73
5 Rethinking tribunals 107
6 Bush's military order in 2001 135
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