Von Moltke v. Gillies

Mr. Justice Burton,

with whom The Chief Justice and Mr. Justice Reed concur,

dissenting.

As the issues in this case are factual and deal largely with the credibility of witnesses, the binding force of this decision as a precedent is narrow. However, to guard against undue extension of its influence, a recorded dissent seems justified.

The Government does not contest the release of the petitioner if she establishes, as a matter of fact, that either her long considered and unequivocal plea of guilty *732in the original proceedings against her for violation of the Espionage Act or her written and…