Hirota v. Macarthur, 338 U.S. 197 (1949)

Hirota v. MacArthur


Argued December 16-17, 1948
Decided December 20, 1948 *
Concurring opinion announced June 27, 1949
338 U.S. 197

MOTION FOR LEAVE TO FILE PETITION
FOR WRIT OF HABEAS CORPUS

Syllabus

1. The military tribunal set up in Japan by General MacArthur as the agent of the Allied Powers is not a tribunal of the United States, and the courts of the United States have no power or authority to review, affirm, set aside, or annul the judgments and sentences imposed by it on these petitioners, all of whom are residents and citizens of Japan. P. 198.

2. For this reason, their motions for leave to file petitions for writs of habeas corpus are denied. P. 198.