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Bush's Citing Of 1942 Nazi
Tribunal Is Model Of Deception
By Ann Woolner
Bloomberg.com
11-26-1

Atlanta (Bloomberg) - President George W. Bush cites the 1942 military tribunal convened to prosecute eight Nazis plotting attacks on U.S. soil to show how he wants to prosecute present-day terrorists.
 
It's a model, all right.
 
It's a model of a powerful government official using the secrecy of a military tribunal to deceive the public, falsely embellish his reputation, break promises to a whistleblower and sit by while a 30-year prison sentence is given to the man who thwarted the Nazi sabotage, a man to whom the agency had promised a presidential pardon.
 
That official was Federal Bureau of Investigation Director J. Edgar Hoover.
 
His aim was glory for cracking this hugely important case. The problem was that it took no detective work whatsoever to crack the case.
 
All it took was for FBI agents to believe a man, George Dasch, who twice called and then walked into FBI headquarters to tell them about the plot.
 
Dasch told them that Nazi submarines had deposited him and seven other Germans at U.S. shores in New York and Florida in recent days. Supplied with explosives and timing devices, their mission was to blow up certain U.S. military equipment factories, transportation structures and Jewish-owned department stores.
 
Dasch, aided by another would-be saboteur, Ernst Burger, led the FBI to the other six Germans, 14 American collaborators, $174,588 and a cache of explosives.
 
 
Pardon Promised
 
In return, FBI agents promised Dasch that if he pleaded guilty to his role in the plot, he'd get a prison sentence of no more than six months followed by a presidential pardon.
 
It didn't turn out that way.
 
During the 18-day trial, held in an FBI training room at the Justice Department building, agents played down Dasch's and Burger's cooperation, although one agent acknowledged Dasch had been promised the pardon.
 
This was not reported, since no journalists were allowed to cover the trial. Secrecy was necessary, Attorney General Francis Biddle explained beforehand, to prevent America's enemies from learning "how our intelligence services are equipped to work against them.''
 
All eight Germans were convicted and six were executed, less than two months after Dasch arrived by submarine. Burger got a life sentence; Dasch got 30 years.
 
 
Hoover Censors Report
 
Even after the war ended and a new attorney general, Tom Clark, wanted to disclose what had happened at the trial, Hoover intervened.
 
He censored the report the Justice Department produced, cutting out information that could "discredit or embarrass the bureau,'' Hoover wrote in a memo. Left out was any mention of the pardon promise and the fact that Dasch's own confession sparked the investigation.
 
Decades passed and Hoover died before the full story came out. Through Freedom of Information Act requests, Atlanta Constitution reporter Seth Kantor obtained the trial transcript, FBI reports and other documents and wrote a series of stories in 1980.
 
Those stories, on which this account is based, were recounted in an article this week by Cox News Service.
 
 
Prison Riot
 
As for Dasch, he'd been sent to the Atlanta Federal Penitentiary where his presence prompted a prison riot in 1944. Dasch, whom inmates threatened to throw off a five-story building, had been the principal target of the rioting prisoners, according to Biddle.
 
He survived and was transferred to Leavenworth prison in Kansas.
 
With pressure from new lawyers to release Dasch and Burger, President Harry Truman in 1948 ordered them deported to West Germany where they'd eventually be free. The White House statement continued the deception in explaining Truman's generosity toward these infamous Nazis: "After their arrest, Burger and Dasch gave full and complete identities of all connected with the sabotage plot.''
 
This implied it was only after the FBI had tracked them down that they confessed.
 
Nor did this version help Dasch in post-war Germany. Nazi sympathizers threatened to avenge the executions of the other six saboteurs and the thwarting of Hitler's sabotage plans, prompting Dasch to move from city to city, job to job. By 1980, his trail had vanished, Kantor wrote. He has since died, according to news reports.
 
 
`Museum Piece'
 
Bush has ordered the creation of military commissions to conduct tribunals for the prosecution of non-U.S. citizens accused of terrorism against the United States. The speed of such tribunals, their portability, the availability of the death penalty and their looser rules make them a good option, in Bush's view.
 
But looser rules also mean a greater likelihood that the innocent would be convicted and the system manipulated by officials. Secrecy would mean no public scrutiny.
 
"To do this in a healthy fashion, one has to make trials as open as possible,'' says Ruth Wedgwood, a Yale law professor teaching international law and criminal procedure.
 
Bush's order describes "a pre-1950 format'' for military tribunals, says Eugene Fidell, a Washington lawyer and president of the National Institute of Military Justice.
 
"This is a museum piece that's being trotted out,'' says Fidell. "The question is whether it's being properly brought back.''
 
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