Cramer v. United States

Cramer v. United States, 325 U.S. 1 (1945), was a case in which the Supreme Court of the United States reviewed the conviction of Anthony Cramer, a German-born naturalized citizen, for treason.

For a different case, see Aboriginal title in California § Cramer v. United States (1923).

Cramer v. United States
Supreme Court of the United States
Argued March 9, 1944
Reargued November 6, 1944
Decided April 23, 1945
Full case nameAnthony Cramer v. United States
Citations325 U.S. 1 (more)
65 S. Ct. 918; 89 L. Ed. 1441; 1945 U.S. LEXIS 2157
Case history
PriorUnited States v. Cramer, 137 F.2d 888 (2d Cir. 1943); judgement for the plaintiff
Holding
A conviction for treason must meet the definition given in Article III of the Constitution.
Court membership
Chief Justice
Harlan F. Stone
Associate Justices
Owen Roberts · Hugo Black
Stanley F. Reed · Felix Frankfurter
William O. Douglas · Frank Murphy
Robert H. Jackson · Wiley B. Rutledge
Case opinions
MajorityJackson, joined by Roberts, Frankfurter, Murphy, Rutledge
DissentDouglas, joined by Stone, Black, Reed
Laws applied
U.S. Const. art. III § 3

Background
Anthony Cramer in 1942

Anthony Cramer was born in Arnsberg, Germany on October 5, 1900.[1][2] During World War I, he was conscripted into the Imperial German Army. Cramer moved to the United States in 1925, and was naturalized in 1936. He was a former member of the Friends of New Germany, a pro-Nazi organization based in the United States, which was the predecessor German American Bund. Cramer left the organization in 1935, believing it was a scam, and disliking some of their "radical activities". Before the United States entered the war, Cramer had written letters to his friends and family in Europe, strongly sympathizing with the Nazi regime. Before the attack on Pearl Harbor, he'd strongly opposed any kind of participation in the war by the United States against Nazi Germany. He expressed concern about the draft, which he said was part of aggression against Germany. Cramer also listened to broadcasts by Nazi propagandists, including William Joyce.[3][4]

During his time living in the United States, Cramer had associated with two Germans, Werner Thiel and Edward Kerling, one of whom he had prior business dealings with.[5] Thiel, Kerling, and six other Germans, two of whom were dual nationals, were later found to be in the United States for the purpose of sabotage, as part of Operation Pastorius (see Ex parte Quirin).[6] In the aftermath of the failure of that operation, the Germans were tried as saboteurs by a military tribunal. Six of them, including Thiel and Kerling, were executed. Sixteen people, including Cramer, were arrested for aiding the saboteurs. In November 1942, he was convicted of treason by a civilian court on the basis of his association with Thiel and Kerling.[7][8] Judge Henry W. Goddard sentenced him to 45 years in prison, along with a fine of $10,000. Goddard remarked that he only refrained from imposing a death sentence due to Cramer's lack of full knowledge of the plot.[9]

"I shall not impose the maximum penalty of death. It does not appear that this defendant Cramer was aware that Thiel and Kerling were in possession of explosives or other means for destroying factories and property in the United States or planned to do that. From the evidence it appears that Cramer had no more guilty knowledge of any subversive purposes on the part of Thiel or Kerling than a vague idea that they came here for the purpose of organizing pro-German propaganda and agitation. If there were any proof that they had confided in him what their real purposes were, or that he knew or believed what they really were, I should not hesitate to impose the death penalty."[3]

Cramer appealed his conviction to the Court of Appeals for the Second Circuit, where his conviction was upheld.[10] Appealing to the court of last resort, the Supreme Court, Cramer was granted certiorari on November 8, 1943.[11] The case was originally argued on March 9, 1944;[12] reargued on November 6, 1944; and finally decided on April 23, 1945.[13] Before the Supreme Court, Harold Medina, a future Federal judge, appeared for Cramer, while Solicitor General Charles Fahy defended the actions of the government.[14]

Opinion

The Court decided five-to-four to overturn the jury verdict. Writing for the majority, Justice Robert H. Jackson said that the Constitution is clear in its definition of treason, limited to the waging of war, or giving material assistance to an enemy. The prosecution and its witnesses could demonstrate only an association and not that Cramer had given "Aid and Comfort," as defined in Article Three. Jackson wrote that the jury had been given no evidence that Cramer had "even paid for their drinks." As such, the majority opinion held, the associations were insufficient to convict Cramer for treason, and the judgment of the Court of Appeals was reversed.

Writing in dissent, Justice William O. Douglas claimed that acts, though innocent by nature, may serve a treasonous plan. Chief Justice Harlan Fiske Stone concurred with the dissent.

Aftermath

In 1945, Cramer pleaded guilty to two lesser charges of trading with the enemy. He was sentenced to six years in prison.[15][16]

See also

References
  1. Spark, Washington Area (July 1, 1942), Friend of Nazi saboteurs given 45 years: 1942, retrieved September 14, 2023
  2. "Nazi Saboteur Commission, Vol. 10, 1593-1659". users.soc.umn.edu. Retrieved September 14, 2023.
  3. "Cramer v. United States, 325 U.S. 1 | Casetext Search + Citator". casetext.com. Retrieved May 9, 2023.
  4. "United States v. Cramer, 137 F.2d 888 | Casetext Search + Citator". casetext.com. Retrieved September 14, 2023.
  5. "TREASON CHARGED TO FRIEND OF SPY; First Indictment of Its Kind Here in This War Names Man as Invader's Aide". The New York Times. September 1, 1942. Retrieved June 14, 2018.
  6. Wood, Lewis (July 14, 1942). "8 MEN, 6 WOMEN HELD AS U.S. AIDES TO NAZI SABOTEURS; FBI Announces Arrests in New York and Chicago -- Wife of Leader Among Prisoners PICKED BY HIGH COMMAND Group Hid Money, Bought Car, Cashed Bills for Those Now Being Tried by Army 14 HELD AS AIDES TO NAZI SABOTEURS". The New York Times. Retrieved June 14, 2018.
  7. "CRAMER CONVICTED IN TREASON CASE; Naturalized German Is Facing Death for Helping Thiel, Executed Nazi Spy CRAMER CONVICTED IN TREASON CASE". The New York Times. November 19, 1942. Retrieved June 13, 2018.
  8. Howard, J. Woodford (1986). "Advocacy in Constitutional Choice: The Cramer Treason Case, 1942-1945". American Bar Foundation Research Journal. 11 (3): 375–413. doi:10.1111/j.1747-4469.1986.tb00250.x. JSTOR 828139.
  9. "CRAMER TO PRISON FOR 45-YEAR TERM; Befriender of Nazi Spy Is Spared Death Despite Strong Correa Plea HE IS FINED $10,000 ALSO Court's Action Due to Traitor's Only Hazy Knowledge of Saboteur's Plans". The New York Times. December 3, 1942. Retrieved June 14, 2018.
  10. "TREASON VERDICT UPHELD; Cramer, Aid of Nazi Saboteurs, Loses in Appeals Court". The New York Times. August 21, 1943. Retrieved June 14, 2018.
  11. "HIGH COURT TO HEAR CRAMER ON APPEAL; Grants Review of Conviction for Treason -- $40,000,000 Optical Suit Is Dismissed TRIBUNAL SPLIT ON ISSUE Concerns Accused of Plot on Instruments -- Gene McCann Wins Another Pleading". The New York Times. November 9, 1943. Retrieved June 14, 2018.
  12. "SIXTY CASES AWAIT HIGH COURT RULING; Thirty Are Ready for Decision as the Justices Sit Today -- Insurance Issue Awaited 114 DISSENTS IN THIS TERM Visitors Increase as a Result -- Next Session April 24 and Adjournment About June 1". The New York Times. April 10, 1944. Retrieved June 14, 2018.
  13. Wood, Lewis (April 24, 2018). "CRAMER IS CLEARED IN TREASON CASE; Supreme Court in 5-to-4 Vote Reverses Conviction of New Yorker as Saboteur Aide NEW COMPLAINT POSSIBLE Minority Calls the Conclusion 'Ludicrous'--First Test of Law in Court's History". The New York Times. Retrieved June 14, 2018.
  14. Walz, Jay (November 7, 2018). "HIGH COURT WEIGHS FIRST TREASON CASE; Intent of Framers of Constitution Described in Arguments Appealing Cramer Conviction SUIT TURNS ON 'OVERT ACT' Defense Counsel Says Meeting With Nazi Saboteurs Was Not Actually Traitorous". The New York Times. Retrieved June 14, 2018.
  15. Howard, J. Woodford (1986). "Advocacy in Constitutional Choice: The Cramer Treason Case, 1942-1945". American Bar Foundation Research Journal. 11 (3): 375–413. doi:10.1111/j.1747-4469.1986.tb00250.x. ISSN 0361-9486. JSTOR 828139.
  16. "AIDE OF NAZI SPIES GETS 6-YEAR TERM; Cramer, Whose Conviction for Treason Was Voided, Pleads Guilty to Lesser Crime". The New York Times. September 29, 1945. ISSN 0362-4331. Retrieved May 9, 2023.
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