Order with Respect to Sentence of Karl Brandt
In the case of the United States of America against Karl Brandt et alii, tried by United States Military Tribunal I, Case No. 1, Nuernberg, Germany, the defendant, Karl Brandt, on 20 August 1947, was sentenced by the Tribunal to death by hanging. A petition to modify the sentence, filed on behalf of the defendant by Dr. R. Servatius, his defense counsel, has been referred to me pursuant to the provision of Military Government Ordinance No. 7. I have duly considered the petition and the record of the trial and in accordance with Article XVII of said Ordinance it is hereby ordered that:
1. The sentence imposed by Military Tribunal I upon Karl Brandt be, and hereby is, in all respects, confirmed.
2. Pending action on petitions filed by the defendant with authorities other than the Office of Military Government for Germany, (U.S.), the execution of the death sentence be stayed until further order by me.
3. The defendant be confined until further order in War Crimes Prison No. 1, Landsberg, Bavaria, Germany.
[Signed] Lucius D. Clay
Lucius D. Clay
General, U.S. Army
Commander-in-Chief, European Command
and Military Governor
HEADQUARTERS, EUROPEAN COMMAND
Office of the Commander-in-Chief
APO 742
In the Case of The
United States of America
vs.
Karl Brandt, et alii
Military Tribunal I
Case No. 1
Order with respect to sentence of Siegfried Handloser[[60]]
In the case of the United States of America against Karl Brandt, et alii, tried by United States Military Tribunal I, Case No. 1, Nuernberg, Germany, the defendant Siegfried Handloser, on 20 August 1947, was sentenced by the Tribunal to life imprisonment. A petition to modify the sentence, filed on behalf of the defendant by Dr. Otto Nelte, his defense counsel, has been referred to me pursuant to the provisions of Military Government Ordinance No. 7. I have duly considered the petition and the record of the trial and in accordance with Article XVII of said Ordinance, it is hereby ordered that:
a. the sentence imposed by Military Tribunal I, on Siegfried Handloser be, and hereby is, in all respects confirmed;
b. the defendant be confined in War Crimes Prison No. 1, Landsberg, Bavaria, Germany.
[Signed] Lucius D. Clay
Lucius D. Clay
General, U.S.A.
Commander-in-Chief, European Command
and Military Governor
[60] The sentences imposed upon the remaining 14 defendants were confirmed in all respects by the Military Commander of the United States Zone of Occupation by identical orders.
XV. ORDER OF THE UNITED STATES SUPREME
COURT DENYING WRIT OF HABEAS CORPUS
Monday, 16 February 1948
No. 286, Misc. Karl Brandt, petitioner, v. The United States of America;
No. 287, Misc. Viktor Brack, petitioner, v. The United States of America;
No. 288, Misc. Rudolf Brandt, petitioner, v. The United States of America;
No. 299, Misc. Wilhelm Bieglboeck, petitioner, v. The United States of America. The motions for leave to file petitions for writs of habeas corpus and prohibition are denied. Mr. Justice Black, Mr. Justice Murphy, and Mr. Justice Rutledge are of the opinion that the petitions should be set for hearing on the question of the jurisdiction of this Court. Mr. Justice Jackson took no part in the consideration or decision of these applications.[[61]]
[The execution of death sentences imposed on Karl Brandt, Rudolf Brandt, Karl Gebhardt, Joachim Mrugowsky, Viktor Brack, Wolfram Sievers, and Waldemar Hoven were ordered on 14 May 1948 by the Military Governor. Executions were carried out at Landsberg prison on 2 June 1948.]
[61] The motions for leave to file petitions for writs of habeas corpus and prohibition in the case of the other defendants were also denied.