Following Koch's conviction at Dachau, her sentence was subjected to various levels of mandatory judicial review, before going to General
Lucius D. Clay, the interim military governor of the
American Zone in Germany, for final approval. First to review Koch's case were two lawyers in the office of the Deputy Judge Advocate for War Crimes, Harold Kuhn and Richard Schneider. They concluded that "in spite of the extravagant statements made in the
newspapers, the record contains little convincing evidence against the accused ... In regard to the widely publicized charges that she ordered inmates killed for their tattooed skin, the record is especially silent." They found key testimony given against Koch to be "based on presumption and of doubtful veracity." Though Koch was shown to have beaten a few inmates, "no deaths or serious injuries are shown to have resulted." The War Crimes Review Board, a separate advisory body made up of military and civilian lawyers, conducted its own review, and similarly concluded that there was no reliable evidence that she had prisoners killed, "nor is there any evidence in this record of any kind that she at any time ever ordered any article made of human skin." Upon receiving the reports of the War Crimes Review Board and his legal staff, and after reviewing the trial record himself, Judge Advocate Colonel J.L. Harbaugh noted, "I can't see anything on which we honestly can hold the accused. There is no question but that she was
tried in the newspapers, and suffered both before and during her trial from her unique position as the only woman at the camp." Harbaugh labelled her sentence "excessive" and recommended that General Clay reduce her sentence to four years. Heeding the recommendations of the U.S. Army's judicial branch, Clay reduced the sentence on 8 June 1948, on the grounds that "there was no convincing evidence that she had selected inmates for extermination in order to secure tattooed skins, or that she possessed any articles made of human skin". However, Clay also suggested that Koch could be tried under West German law: "I hold no sympathy for Ilse Koch. She was a woman of depraved character and ill repute. She had done many things reprehensible and punishable, undoubtedly, under German law. We were not trying her for those things. We were trying her as a war criminal on specific charges." The reduction of Koch's sentence to four years resulted in an uproar when it was made public on 16 September 1948, but Clay stood firm by his decision. Years later, Clay stated: News of Koch's sentence reduction created major controversy in the United States. Editorial pages in major newspapers asked whether the US Army had lost its capacity for sound judgment, while continuing to assert that Koch was a sexual deviant who had killed prisoners for their skins. The
Miami Herald demanded to know "in the name of basic human justice and decency, what 'further' does the army need to slap Ilse into jail and keep her there?". The
New York Post labeled the reduction of Koch's sentence "Clay's counter-atrocity" and described it as "almost beyond credence." Such protests in the press found their parallel on the streets of American cities. Rallies were organized by both veterans associations and the
American Jewish Congress, With pressure mounting from both the public and the press, a group of U.S. Senators resolved to investigate the circumstances of Koch's sentence reduction. The Senate investigation, led by
Homer S. Ferguson, culminated in hearings at which major participants at Koch's Dachau trial were called to testify. Dachau trial chief prosecutor
William Denson was particularly insistent that Koch's sentence reduction was unjust and that the witness testimony he drew upon was sufficient to secure her conviction and life sentence. Ultimately, the Senate investigation resulted in a recommendation that Koch be tried againnot by the U.S. Army, but by the newly independent West German judiciary. According to the committee's final report, in "being a woman" and in acting independently, Koch's perpetration of violence had been "more unnatural and more deliberate." It was, the report concluded, "highly important that Ilse Koch receive the just punishment she so justly deserves without further doing violence to long-established safe-guards of democratic justice". ==Trial at Augsburg==