Ex Parte Quirin

District of Columbia

Ex Parte Quirin

47 F. Supp. 431, 1942 U.S. Dist. LEXIS 2313

CourtDistrict Court, District of Columbia

DecidedJuly 28, 1942

StatusPublished

Cited by2 cases

This text of 47 F. Supp. 431 (Ex Parte Quirin) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ex Parte Quirin, 47 F. Supp. 431, 1942 U.S. Dist. LEXIS 2313 (D.D.C. 1942).

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Opinion

MORRIS, District Judge.

The petitioner, Richard Quirin, asks leave to file a petition for a writ of habeas corpus by his counsel.. It is conceded by petitioner’s counsel that petitioner landed on the coast of the United States in June, 1942, from a German submarine, with explosives, which he was instructed by a German officer to use for the purpose of committing sabotage on certain American industries. In view of this statement of fact, it seems clear that the petitioner comes within that category of subjects, citizens or residents of a nation at war with the United States, who, by a proclamation of the President, dated July 2, 1942, are not privileged to seek any remedy or maintain any proceeding in the courts of the United States.

I do not consider that Ex parte Milligan, 4 Wall. 2, 18 L.Ed. 281, is controlling in the circumstances of this petitioner. The application of the petitioner must, therefore, be denied.

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MORRIS, District Judge.

The petitioner, Richard Quirin, asks leave to file a petition for a writ of habeas corpus by his counsel.. It is conceded by petitioner’s counsel that petitioner landed on the coast of the United States in June, 1942, from a German submarine, with explosives, which he was instructed by a German officer to use for the purpose of committing sabotage on certain American industries. In view of this statement of fact, it seems clear that the petitioner comes within that category of subjects, citizens or residents of a nation at war with the United States, who, by a proclamation of the President, dated July 2, 1942, are not privileged to seek any remedy or maintain any proceeding in the courts of the United States.

I do not consider that Ex parte Milligan, 4 Wall. 2, 18 L.Ed. 281, is controlling in the circumstances of this petitioner. The application of the petitioner must, therefore, be denied.

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47 F. Supp. 431, 1942 U.S. Dist. LEXIS 2313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-quirin-dcd-1942.

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