Operation Pastorius - Arrest and Trial

Arrest and Trial

Two of the Germans in New York, Dasch and Burger, had decided to defect to the United States immediately. Dasch went to Washington, D.C., and turned himself in to the Federal Bureau of Investigation. He was dismissed as a crackpot by numerous agents until he dumped his mission's entire budget of $84,000 on the desk of Assistant Director D. M. Ladd. At this point he was taken seriously and interrogated for hours. None of the others knew of the betrayal. Over the next two weeks, Burger and the other six were arrested. All eight were put on trial before a seven-member military tribunal on specific instructions from President Franklin D. Roosevelt. They 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.

Lawyers for the accused, who included Lauson Stone and Kenneth Royall, attempted to have the case tried in a civilian court but were rebuffed by the Supreme Court of the United States in Ex parte Quirin, a case that was later cited as a precedent for the trial by military commission of any unlawful combatant against the United States. The trial was held in the Department of Justice building in Washington. All eight defendants were found guilty and sentenced to death. Roosevelt commuted Burger's sentence to life and Dasch's to 30 years, because they had turned themselves in and provided information about the others. The others were executed on 8 August 1942 in the electric chair on the third floor of the District of Columbia jail and buried in a potter's field called Blue Plains in the Anacostia area of Washington. In 1948, President Harry S. Truman granted executive clemency to Dasch and Burger on the condition that they be deported to the American Zone of occupied Germany.