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for life was "exaggerated" and "absolutely wrong," that the
Commission "did not find that," that some of the men had been injured in their testicles but the commission could not find out how many, that he never said a specific number of men were kicked, that he did not know how many were kicked, that what he had said was that the commission had recommended commutation of the death sentences to life imprisonment in all but two cases (with commutation to finite prison sentences recommended in the last two), that he categorically denied that all but two were kicked in the testicles, that these two sentences should have been deleted from the article before publication, and that his failure to object to them earlier was an "oversight."
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procedural irregularities could have occurred during the trial. The commission did not exonerate the defendants or absolve them of guilt and it endorsed the conclusions
General Clay issued in the particular case of Lieutenant Christ. In summary, Clay had written that "he was personally convinced of the culpability of Lieutenant Christ and, that for this reason his death sentence was fully justified. But, to apply this sentence would be equivalent accepting a bad administration of justice, which led , not without reserve, to commute the death penalty to life imprisonment".
1029:"Throughout the hearings, McCarthy bullied witnesses, made scores of erroneous statements, exaggerated his evidence, and turned almost every session into a barroom brawl. At the same time, however, he demonstrated that Baldwin and Hunt were no more interested in an impartial investigation than he was. Their manners were better, their tone more subdued, but they were determined to exonerate the Army at all costs, just as Joe was determined to prove its culpability." David M. Oshinsky,
293:, to create a commission, chaired by Justice Gordon Simpson of the Texas Supreme Court, to investigate. The commission supported Everett's accusations regarding mock trials and neither disputed nor denied his charges of torture of the defendants. The Commission expressed the opinion that the pre-trial investigation had not been properly conducted and that the members felt no death sentence should be executed in any instance where such doubts existed.
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testified that this was what he understood Van Roden to have said, albeit he had used "the Army language, which a person like he would use," and that he had read the statement back to Van Roden over the telephone and Van Roden had not corrected it. However, Van Roden denied under oath ever making statements found in the article, including the specific claim about 137 cases of damaged testicles.
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tried to escape the burning building. Meanwhile, at the killing field, the Waffen-SS soldiers walked among the
American corpses to find and kill any G.I. pretending to be dead. Among the 84 murdered soldiers, many corpses had head-shot wounds consistent with a massacre rather than with wounds suffered in self-defense or with wounds suffered while escaping summary execution by machine gun.
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extort confessions, U.S. prosecution teams 'had kept the German defendants in dark, solitary confinement at near starvation rations up to six months; had applied various forms of torture, including the driving of burning matches under the prisoners' fingernails; had administered beatings which resulted in broken jaws and arms and permanently injured testicles'."
403:(D-TN), displayed a lack of interest in the case, attending only two of the first fifteen hearings. McCarthy sought to denounce Baldwin in front of the whole Senate, but his efforts were repudiated by the Commission on Armed Forces, which clearly showed its support for Baldwin and eventually adopted the subcommittee's official report.
459:— Report of the Subcommittee of Committee on Armed Services. United States Senate Eighty-first Congress, first session, pursuant to S. res. 42, Investigation of Action of Army with Respect to Trial of Persons Responsible for the Massacre of American Soldiers, Battle of the Bulge, near Malmedy, Belgium, December 1944. 13 October 1949.
419:
In its report, the subcommittee rejected the most serious charges, including beatings, torture, mock executions and starvation of the defendants. In addition, the subcommittee determined that commutations of sentences pronounced by
General Clay had occurred because of the U.S. Army's recognition that
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Van Roden refused to commute the six remaining death sentences, including that of Peiper, but the executions were postponed. By 1951, most of the men were released and the only remaining death sentences, those of Peiper and five others, were commuted. Sepp
Dietrich was paroled in 1955. Joachim Peiper
148:
U.S. Army investigators established that most of the G.I. corpses were in a very small area, which location suggested that the Waffen-SS had assembled and summarily executed their U.S. POWs as quickly as possible after capture. Later, under custody of the U.S. Army, Waffen-SS POWs testified that some
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The SS machine gun fire alerted and panicked the U.S. Army POWs; some soldiers fled the killing field, other soldiers were killed where they stood; and other soldiers ran to and hid in a café at the
Baugnez crossroads, which the Waffen-SS soldiers set afire, and then shot dead every U.S. soldier who
387:
In May and June 1949, Van Roden indicated that he had been misquoted in the statements that 137 Germans had been "kicked in the testicles beyond repair" and that this was "standard operating procedure." He testified to the subcommittee that the statement that all but two of the men had been injured
296:
One member of the commission, Judge Edward L. Van Roden of
Pennsylvania, allegedly made several public statements claiming that physical violence had been inflicted on the accused and questioned the validity of the hearings. James Finucane, an official of the National Council for the Prevention of
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war criminals indicted for the massacres of more than 300 US Army POWs "in the vicinity of
Malmedy, Honsfeld, BĂĽllingen, Ligneuville, Stoumont, La Gleize, Cheneux, Petit Thier, Trois Ponts, Stavelot, Wanne and Lutrebois" and the massacre of 100 Belgian civilians at Stavelot, during the 16 December
318:
The press release and article greatly inflamed the public scandal, especially with the statement that "all but two of the
Germans in the 139 cases we investigated had been kicked in the testicles beyond repair. This was standard operating procedure with our American investigators." Finucane later
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Pursuant to procedure, an in-house review was undertaken by the
American Occupation Army in Germany; the trial was carefully examined by a deputy judge. Colonel Everett was convinced that a fair trial had not been granted to the defendants: in addition to alleged mock trials, he claimed that "to
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There were originally 75 suspects. However, one of them, 18-year-old Arvid Freimuth, killed himself before the trial started. Another, Marcel Boltz, had his case withdrawn upon the request of the French government since he was a French national. They were going to prosecute Boltz themselves, but
144:
that ends the life of a fatally-wounded soldier. The head-shot wounds were additional to the gunshot wounds made by the machine guns of the initial gunfire of the massacre. Twenty other soldier corpses showed small-calibre gunshot wounds to the head, without powder-burn residue; 10 corpses had
244:
defendants, including Peiper, complained to the tribunal that they had been victims of physical violence and threats of violence meant to compel them to confessions of their war crimes. The military tribunal asked the defendants to confirm their sworn statements; of the nine
406:
It was later found that McCarthy had received "evidence" of the false torture claims from Rudolf Aschenauer, a prominent Neo-Nazi agitator who often served as a defense attorney for Nazi war criminals, such as Einsatzgruppen commander
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committed between mid-December 1944 and mid-January 1945. In the course of their massacres, the Waffen-SS murdered POWs with close-range gunshots to the head; the actual number of dead was 362 American POWs and 111 Belgian civilians.
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On 16 July 1946 the verdict was delivered on 73 members of the Kampfgruppe Peiper. 43 were sentenced to death by hanging, including Peiper. Peiper's sentence was commuted to 35 years in 1954, and he was released in December 1956.
327:. In 1957, he convicted of being an accessory to manslaughter and sentenced to 18 months in prison. After his appeals failed, Dietrich reported to prison in August 1958. He was released on health grounds in February 1959.
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had massacred their U.S. Army POWs. The corpses of the soldiers of the 285th Field Artillery Observation Battalion were recovered on 14–15 January 1945; the winter weather preserved the flesh and the wounds. The
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article under Van Roden's byline. After Finucane spoke with Van Roden by telephone to get his permission and discuss revisions to the article, it ran in the February 1949 issue of the magazine.
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American POWs had tried to escape the shootings; other Waffen-SS POWs said that some of the American POWs had recovered their own weapons, and then fired upon Waffen-SS soldiers en route to
365:, spurring allegations that McCarthy was politically motivated in his work on behalf of the Malmedy defendants. He used an extremely aggressive questioning style during the proceedings.
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Approximately sixteen months after the end of the trial, almost all the defendants presented affidavits repudiating their former confessions and alleging aggravated duress of all types.
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The corpses of the U.S. soldiers murdered by the Waffen-SS in the Malmedy massacre were covered and preserved with snow until Allied forces recaptured the area in January 1945.
120:(FAOB) who surrendered after a brief battle. The Waffen-SS then assembled their U.S. POWs in a field near the Baugnez crossroads, and then used machine guns to kill them.
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351:(R-CT). The subcommittee was set up on 29 March 1949. Its members went to Germany and during its hearings, the commission heard from no fewer than 108 witnesses.
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blunt-trauma injuries, likely from having been butt-stroked to death; some corpses showed a single gunshot wound, either to the temple or behind the ear.
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for more information. The URL is to a HTML frame, you must select "US011" in the left pane to get to case "6–24". The direct URL to the case page is
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The U.S. soldiers who survived the Malmedy massacre said that on 17 December 1944, in the vicinity of Baugnez, the armored advance of the Waffen-SS
480:. United States Army in World War II, The European Theater of Operations. Washington, D.C.: Office of the Chief of Military History. Archived from
376:, who supported more lenient penalties for the Waffen-SS members under Peiper. The last clash took place in May 1949 when he asked that Lieutenant
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and the Committee on Expenditures in the Executive Departments. The investigation was entrusted to a subcommittee of three senators chaired by
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305:. The National Council for the Prevention of War made a press release on December 18, 1948, publicizing this speech, which the editor of
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384:. As this had been rejected by Baldwin, McCarthy left the session claiming Baldwin was trying to whitewash the American military.
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Col. Willis M. Everett Jr. (USA) led the defence team, and Col. Burton Ellis (USA) led the prosecution team in the trial of the
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officers and soldiers, most of whom had been members of the 1st SS Division Adolf Hitler Bodyguard. The defendants included
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For the majority of the Nazis on trial, the defense argued they either had not participated in the massacres, or that
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984:"Bitburg in moral and political perspective", Geoffrey H. Hartman, Indiana University Press (1986), pp. 68–73.
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372:, which took a hardline position after Malmedy and generally supported upholding the death sentences, and the
357:(R-WI) had obtained from the subcommittee's chairman authorization to attend the hearings. McCarthy's state,
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was the primary subject of the war-crime trial, which was one of a series of war crimes that the Waffen-SS
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1063:, S. 112. (Reprint der Originalausgabe erschienen bei Harcourt, Brace, Jovanovich, New York 1959.)
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Malmedy Massacre Investigation: Hearings Before a Subcommittee of the Committee on Armed Services
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Malmedy Massacre Investigation: Hearings Before a Subcommittee of the Committee on Armed Services
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Malmedy Massacre Investigation: Hearings Before a Subcommittee of the Committee on Armed Services
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Lt. Col. Joachim Peiper testifies through his interpretress about his participation in the
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War, said that he heard Van Roden "had made some shocking statements" at a meeting of the
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General Josiah Dalby (with head turned) presides over the Malmedy massacre trial at Dachau
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589:"Review and Recommendation of the Deputy Judge Advocate for War Crimes, 20 October 1947"
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On 13 January 1945, the U.S. Army secured the crossroads at Baugnez where the Waffen-SS
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92:(16 December 1944 – 25 January 1945). The Waffen-SS massacre of 84 U.S. Army POWs near
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619:. Centre de Recherches et d'Informations sur la Bataille des Ardennes. Archived from
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revealed that approximately twenty of the murdered American soldiers had close-range
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officers who testified, three claimed to have been mistreated by U.S. Army jailers.
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of 17 December 1944. The highest-ranking defendant was the former Waffen-SS general
572:"Mortuary Affairs Operations At Malmedy — Lessons Learned From a Historic Tragedy"
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that were held from 1945 to 1947. The tribunal of U.S. Army officers tried 74
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was paroled in 1956. In 1956, Dietrich was re-arrested for his role in the
1011:. Washington: Government Printing Office. 1949. pp. 244, 312, 1112–3
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dropped the case since they didn't think the evidence was strong enough.
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Van Roden, Edward L. (February 1949). "American atrocities in Germany".
399:. Oshinsky alleged the third member of the three man committee, Senator
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855:. Washington: Government Printing Office. 1949. pp. 952, 959–63
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decided to investigate. Ultimately, the case was entrusted to the
217:, commander of the 1st SS Panzer Regiment – the principal unit of
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103:
20:
899:"How a Convicted Nazi War Criminal and 72 of His Men Walked Free"
994:
The Nightmare Decade: The Life and Times of Senator Joe McCarthy
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The Nightmare Decade: The Life and Times of Senator Joe McCarthy
514:
A Time For Trumpets: The Untold Story of the Battle of the Bulge
395:(D-WY) were later accused by historian David Oshinsky of being
1191:
A Peculiar Crusade: Willis M. Everett and the Malmedy Massacre
663:
A Peculiar Crusade: Willis M. Everett and the Malmedy Massacre
879:. Washington: Government Printing Office. 1949. p. 963
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Wholesale Slaughter at Baugnez-lez-Malmedy, Willy D. Alenus
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McCarthy's actions further inflamed a split between the
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surprised approximately 120 U.S. Army soldiers from the
70:
The Malmedy massacre (17 December 1944) was a series of
957:
The Politics of Fear: Joseph R. McCarthy and the Senate
1184:
The Malmedy Massacre: The War Crimes Trial Controversy
1155:
Joachim Peiper: A Biography of Himmler's SS Commander
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Roger Martin, L'Affaire Peiper, Dagorno, 1994, pg. 76
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had compelled them to participate in the massacres.
181:, Case Number 6-24 (May–July 1946), was one of the
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1031:A conspiracy so immense: the world of Joe McCarthy
694:"Case Number 6-24 (US vs. Valentin Bersin et al.)"
687:
685:
683:
545:Massacre at Malmédy during the Battle of the Bulge
511:
221:, who committed the massacre at Malmedy, Belgium.
1129:: The Nazi-Soviet war in American popular culture
1055:. University of California Press, Berkeley 1996,
700:. United States Department of War. Archived from
240:In the course of the Malmedy Massacre Trial, six
331:The Senate Subcommittee and Sen. Joseph McCarthy
16:Trial of WWII Nazi Germany war criminal soldiers
397:"determined to exonerate the Army at all costs"
233:1944—13 January 1945 period at the time of the
452:
450:
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615:Glass, Lt. Col. Scott T. (22 November 1998).
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1186:(Harvard University Press, 2017), x, 342 pp.
975:, Fred J. Cook, Random House, 1971, pg. 133.
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698:U.S. Army Trial Reviews and Recommendations
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285:The turmoil raised by this case caused the
118:285th Field Artillery Observation Battalion
1078:"WHEN SENATOR JOE MCCARTHY DEFENDED NAZIS"
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537:
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210:, commander of the I SS Panzer Corps, and
37:) was held in May–July 1946 in the former
660:Weingartner, James J. (1 December 2000).
474:"Chapter V: The Sixth Panzer Army Attack"
1243:The Malmedy massacre trial discussed in
617:"Mortuary Affairs Operations at Malmedy"
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1102:Malmedy Massacre Investigation, pg. 31.
821:Malmedy Massacre Investigation, pg. 28.
746:Malmedy Massacre Investigation, pg. 27.
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548:. World War II Magazine. Archived from
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781:Malmedy Massacre Investigation, pg. 4.
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391:Chairman Senators Raymond Baldwin and
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363:a large population of German heritage
7:
1306:Aftermath of World War II in Germany
196:, commander of the 6th Panzer Army,
542:Reynolds, Michael (February 2003).
14:
961:University of Massachusetts Press
35:U.S. vs. Valentin Bersin, et al.
1193:(NYU Press, December 1, 2000);
1076:Tye, Larry (July–August 2020).
457:Malmedy massacre Investigation
1:
1127:The Myth of the Eastern Front
925:"Site Map - February 7, 1959"
179:US vs. Valentin Bersin et al.
165:The Malmedy Massacre Trial:
510:MacDonald, Charles (1984).
341:Committee on Armed Services
74:committed by the Waffen-SS
1362:
1336:July 1946 events in Europe
1331:June 1946 events in Europe
1133:Cambridge University Press
63:
1326:May 1946 events in Europe
1051:Richard Halworth Rovere:
996:, cité ci-dessus, pg. 133
769:Smelser & Davies 2008
311:asked to run as a partly-
39:Dachau concentration camp
721:19 December 2006 at the
374:Veterans of Foreign Wars
325:Night of the Long Knives
48:soldiers accused of the
415:The subcommittee report
299:Federal Bar Association
191:SS-Oberst-GruppenfĂĽhrer
1346:Historical negationism
1321:Malmedy massacre trial
1233:"Malmedy and McCarthy"
472:Cole, Hugh M. (1965).
281:The Simpson Commission
174:
109:
31:Malmedy massacre trial
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1277:48.27028°N 11.46806°E
1222:registration required
1213:, (17 January 1949),
1189:James J. Weingarten,
1159:Schiffer Publications
807:registration required
595:on 29 September 2007.
287:Secretary of the Army
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107:
88:civilians during the
24:
1238:The American Mercury
1082:SMITHSONIAN MAGAZINE
1053:Senator Joe McCarthy
732:23 July 2007 at the
623:on 27 September 2007
570:Glass, MAJ Scott T.
337:United States Senate
1273: /
1251:of Rachel Maddow's
1249:Season 2, Episode 4
1245:Season 2, Episode 3
959:, Robert Griffith,
716:site's introduction
704:on 17 February 2007
692:War Crimes (1948).
345:Judiciary Committee
235:Battle of the Bulge
212:SS-StandartenfĂĽhrer
90:Battle of the Bulge
1282:48.27028; 11.46806
1231:, (November 1954)
929:The New York Times
803:, 17 January 1949
647:5 May 2007 at the
349:Raymond E. Baldwin
219:Kampfgruppe Peiper
175:
140:to the head — the
129:Kampfgruppe Peiper
114:Kampfgruppe Peiper
110:
98:Kampfgruppe Peiper
77:Kampfgruppe Peiper
27:
1168:978-0-7643-2659-2
1122:Davies, Edward J.
1042:Oshinsky, pg. 76.
673:978-0-8147-8473-0
157:Trial proceedings
80:against American
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1316:1946 in case law
1301:1940s in Bavaria
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591:. Archived from
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518:. Bantam Books.
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484:on 7 August 2010
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435:Biscari Massacre
430:Nuremberg Trials
335:Eventually, the
272:Review procedure
205:SS-GruppenfĂĽhrer
198:SS-BrigadefĂĽhrer
171:Malmedy Massacre
82:prisoners of war
66:Malmedy massacre
60:Malmedy massacre
50:Malmedy massacre
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488:29 December
380:be given a
303:Rotary Club
151:Ligneuville
41:to try the
1295:Categories
1268:11°28′05″E
1265:48°16′13″N
1211:"Clemency"
1087:24 January
903:HistoryNet
72:war crimes
942:9 October
937:0362-4331
909:9 October
359:Wisconsin
343:over the
247:Waffen-SS
242:Waffen-SS
230:Waffen-SS
187:Waffen-SS
167:Waffen-SS
134:autopsies
46:Waffen-SS
1153:(2007).
1124:(2008).
795:Clemency
730:Archived
719:Archived
714:See the
645:Archived
627:22 March
424:See also
260:Verdicts
1111:Sources
173:(1944).
94:Baugnez
86:Belgian
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361:, had
43:German
1253:Ultra
441:Notes
1247:and
1195:ISBN
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1089:2021
1057:ISBN
1017:2023
944:2022
933:ISSN
911:2022
885:2023
861:2023
727:here
710:2006
668:ISBN
629:2007
520:ISBN
490:2013
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