 On May 9, 1949, Judge Henry A. Schweinhaut ordered that a new mental examination should be made.He was subsequently assessed as mentally competent and his trial began on October 11, 1949, with the original 69 counts of treason being reduced to 20.The prosecution relied on the large number of his programs recorded by the Federal Communications Commission stationed in Silver Hill, Maryland to show his active participation in propaganda activities against the United States and eye witness evidence of him broadcasting for the enemy.