Case Brief: Ex Parte Quirin
Case Brief: Ex Parte Quirin (1942)
Farhat Mir
Liberty University
HLSC520: Legal Issues in Homeland Security
Dr. Colin Ashburn
July 02, 2025
Case Brief: Ex Parte Quirin 1
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Facts: Ex Parte Quirin case is about German military personnel (The Saboteurs) who secretly
landed a German submarine in American shores to sabotage the American government during
World War II. These saboteurs removed their uniforms and carried alot of explosives, explosive
devices, fuses and timing devices. They were specially trained and advised to destroy American
war industries and war facilities. There were altogether eight people who came with the same
mission. The German government trained and gave them a special task to destroy American war
industry and facilities. The German government offered them a hefty amount of money to
complete the task. . It was June 1942 when these four saboteurs arrived at Amagensetter beach
in Long Island, New York. The remaining four arrived in Ponte Vedra beach in Florida dressed in
German infantry uniform. After their aerial they all changed their uniforms into civilian clothes
to blend in with the crowd. This was planned during the time when America was in a war with
Germany. All eight were caught and arrested from New York and Chicago by the Federal Bureau
of Investigation.
Procedural History:
The president of the United States Roosevelt appointed a military tribunal to try all of these
saboteurs in a military court instead of a civil court since they committed a war crime. “On July
2,
President Roosevelt issued two proclamations. The first denied to enemies who entered the
United
States to commit sabotage, espionage, or other hostile acts, any right of access to the courts of
the
United States, and directed them to be tried by military tribunals in accordance with the law of
war”
(n.d.). All these petitioners filed a habeas corpus with the U.S. District Court for the District of
Columbia, which was later denied.The defendants appeal the decision in the US court of appeal
Case Brief: Ex Parte Quirin 2
which was denied. The case was referred to the US supreme court where the decision was made
to hear the case. .
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Issue: The main issue with this case was if the president had the constitutional and statutory
authority to order the trials of this case in a military tribunal for the crime of war instead of
trying the petitioners in the civil court. The petitioners challenged for a writ of habeas corpus,
declaring that the commission of a military tribunal by the President was.unconstitutional and
exceeded the President's authority. It was a test of the authority of the president to suspend the
writ of habeas corpus under the constition’s suspension clause. The petitioners argued that
their constitution’s 5th and 6th amendment rights were violated and appealed a trial by a jury
and discharge from the illegal custody of the military commission.
Rule(s): Since saboteurs were tried in military courts they argued that their constitutional 5th
and
6th amendments rights were violated by not providing them due process and trial by jury. The
United States constitution gives congress and the president special authority during the war and
mass public security situations. The United States president is the commander in chief of the
military and he has the right to carry out all the laws passed by congress about the war and
conduct of war and the armed forces regulations.”And by Article of War 15, Congress has
incorporated by reference, as within the jurisdiction of military commissions, all offenses which
are defined as such by the law of war and which may constitutionally be included within that
jurisdiction”(ORIGINAL.
Case Brief: Ex Parte Quirin 3
MOTIONS for LEAVE to FILE PETITIONS for WRITS of HABEAS CORPUS and UNITED STATES EX REL.
QUIRIN et AL. V. COX, PROVOST MARSHAL. 2 NOS. 1-7. CERTIORARI to the UNITED STATES
COURT of APPEALS for the DISTRICT of COLUMBIA, n.d.).The
President's Proclamation of July 1942 declared that any person who are citizens or subjects of
any nation at war with the U.S, and who during time of war enter the U.S. through coastal or
boundary defenses. According to Ex parte Quirin all persons who commit or
Case Brief: Ex Parte Quirin 4
attempt to commit sabotage, espionage, hostile act or violate any law of war shall be subject to
the law of war and legal military jurisdiction not in civil courts.
Application Analysis: Since the war time is not normal and the regulations and authority
changes with the war situation. During the war the authority of the people who are in higher
levels changes with the war situation. The Es Parte Quirin 1942 case was about the jurisdiction
of the courts not just to punish the petitioners. In this case it was determined that war criminals
and people who violated war laws and they were unlawful combatants. If these two conditions
were successfully determined it would give the president and the congress the authority to
establish a military tribunal and try these eight german saboteurs in the military courts. Based
on the facts, it was determined that all 8 petitioners entered the United States to carry out war
crimes by sabotaging military installments and facilities. They changed their military uniforms
into civilian clothes and were carrying heavy explosive materials, fuses, and explosive timers.
The other fact determined was that they were trained by the German government to sabotage
American security and they were offered a hefty amount of money to carry out this war crime
against the United States.
Conclusion: In the end, all 8 petitioners were found guilty. 6 of them were sentenced to death,
and the other 2 were sentenced to life in prison. I agree with the court’s ruling in this case.
During times of war, national security is top priority for armed forces and the commander in
chief, and that is why the Constitution gives the President and Congress authority to make laws
based on the situation at hand to protect the United States.
References:
(n.d.). Https://Scholarship.law.cornell.edu/Cgi/Viewcontent.cgi?
Article= 4547&Context =Clr .
Case Brief: Ex Parte Quirin 5
ORIGINAL. MOTIONS FOR LEAVE TO FILE PETITIONS FOR WRITS OF HABEAS
CORPUS AND UNITED STATES EX REL. QUIRIN ET AL. V. COX, PROVOST
MARSHAL. 2 NOS. 1-7. CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA. (n.d.).
https://tile.loc.gov/storage-services/service/ll/usrep/usrep317/usrep317001/
usrep317001.pdf
