Cramer v. United States

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.

Before the United States entered the war, Cramer had written letters to his friends and family in Europe, sympathizing with the Nazi regime.

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.

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.

[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.

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.

Writing in dissent, Justice William O. Douglas claimed that acts, though innocent by nature, may serve a treasonous plan.

Anthony Cramer in 1942