Iva Ikuko Toguri D'Aquino v. United States

A petition for rehearing herein has restated the arguments previously urged. Because we think the petition discloses some misapprehension as to what we endeavored to say in the opinion, we desire to make note of the contentions now made upon two points.

The petition says that our opinion has failed to arrive at proper conclusions as to the effect of appellant’s apprehension and detention by the military authorities in Japan. It is said that we went astray in two directions: first, in holding that the detention did not render inadmissible in evidence the appellant’s statement made to the Government agent while she was thus detained; and second, in holding that this detention did not require a dismissal on the ground of denial of a speedy trial.

I

With respect to the first question appellant says that our statement that her detention was pursuant to the exercise of military power overlooks the phraseology of the order of the Commander-in-Chief of the Armed Forces of the Pacific authorizing the apprehension and detention of various persons, including citizens and nationals of the United States. The first category of persons there listed for detention is: “Citizens and nationals of…