Author Archives: jqb

Jackson List: 127th Birthday

Today marks the 127th anniversary of Robert Houghwout Jackson’s 1892 birth, in his family’s farmhouse in Spring Creek Township, Warren County, Pennsylvania.

For your Jackson Birthday reading, here are some previous Jackson Birthday-related posts:

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This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

Jackson List: Spandau Prisoner Rudolf Hess

Rudolf Hess was one of Adolf Hitler’s earliest friends and devoted supporters.  Imprisoned with Hitler in the 1920s, Hess assisted his writing of Mein Kampf.  Hess was at Hitler’s side as the Nazi Party gained support and then political power.  After Hitler became Chancellor of Germany in 1933, Hess became Deputy Führer.  He assisted Hitler through the rest of the decade, as Germany built up its military strength and then started World War II, coercing some countries to capitulate and attacking others.

In May 1941, Hess became a British prisoner.  He was captured in Scotland, where he had flown from Germany on an odd, apparently solo, mission.  It seems that Hess sought to negotiate a United Kingdom-Germany peace agreement.

In 1945, following Nazi Germany’s military defeat and unconditional surrender, the Allies created the International Military Tribunal (IMT), charged Hess as a war criminal, and transported him to Nuremberg for trial (where Justice Jackson of course served as chief U.S. prosecutor).  Hess was tried there and, in Fall 1946, convicted of conspiracy and crimes against peace and sentenced to life in prison.

Hess was transported to Spandau Prison in Berlin and served his sentence there.  As the other prisoners completed their terms and were released, Hess became the only person still held in Spandau.  He died there, by suicide, in 1987, age 93.

Over the years, a story developed that the real Hess had been somehow, at some point in 1941 or later, freed, switched for a “double” who became the prisoner of Spandau.

This story, which involved neo-Nazi Hess supporters and was meaningful to them, never seemed to have much to it.

In any case, it now seems to have been disproven.  Austrian scientists, testing a preserved blood sample from the Spandau prisoner, have matched it to a DNA sample from a distant male relative of Hess.

Here are some links with further details—

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This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

The Mueller Investigation & Foreign Agents

In light of the New York Times‘s lead story yesterday, reporting that the FBI in mid-May 2017 began to investigate whether President Trump is a Russian agent, look again at Special Counsel Mueller’s December 4, 2018, pre-sentencing Memorandum in the Michael Flynn case.  …

This continues as a thread on Twitter.

 

 

Jackson List: Christmas & C.A.R.E. (1947)

From May 1945 until October 1946, United States Supreme Court Justice Robert H. Jackson served, by appointment of President Truman, as U.S. Chief of Counsel for the Prosecution of Axis War Criminals in the European Theater.

During that period, Justice Jackson spent the first few months organizing and working with his staff, gathering and analyzing evidence, and conducting international diplomacy, in Washington and in Paris and mostly in London.

Beginning in September 1945, Jackson spent most of his time in Nuremberg in Allied-occupied former Germany, serving before the International Military Tribunal as U.S. chief prosecutor of Nazi war criminals.

In Nuremberg, Justice Jackson and his immediate staff—his son and executive assistant Lieutenant William E. Jackson, his secretary Mrs. Elsie L. Douglas, and his bodyguard Private Moritz Fuchs—lived in a large house located at Lindenstrasse 33, in Dambach, Fürth, the city adjacent to Nuremberg.  The U.S. Army had seized the house from its German owners.  U.S. soldiers guarded the street and the perimeter of the property.  Army drivers, always varying their routes, ferried Jackson and his team between the house, the Palace of Justice courthouse, and other Nuremberg and area locations.

For Justice Jackson, Lindenstrasse 33 became home, his place to eat and sleep.  Except for his time away on trips elsewhere in Europe and in the Middle East, he lived in the house from September 15, 1945, until July 31, 1946.

For Jackson, the house was more than his residence.  It also was his office away from the courthouse.  It was a place where he held many important staff conferences.  He also used its relative quiet to read, think, and write.

Lindenstrasse 33 also was Justice Jackson’s place to entertain.  He often hosted, at the house, his colleagues from the U.K., the U.S.S.R., and France, his regular “very important” visitors from the U.S. and other nations, and many members of his staff.  At Christmastime 1945, for instance, Jackson hosted, at the house, holiday parties, meals, and caroling around a Christmas tree.

During Justice Jackson’s time at Lindenstrasse 33, he was served in the house by a German staff.  An older woman cooked.  A younger woman assisted her and was a chambermaid.  An older man stoked the heat and performed maintenance and yard work.  A younger man, who dressed formally for work, was the waiter.

*          *          *

Justice Jackson, following his return to the U.S. and Supreme Court service in 1946, maintained contact with his former Nuremberg house waiter, Joseph Ullrich.  In 1947, for example, Jackson sent a C.A.R.E. (Cooperative for American Remittances to Europe, Inc.) package to Ullrich, who was still living and working in Nuremberg.

Mr. Ullrich responded, in imperfect English, by typing and sending Jackson this letter of gratitude:

Dear Sir,

Often I have been thinking of you and ——– yesterday it was a delightful day for me and my family when I get to my great surprise and joy your Care-package.

My family and myself say you many, hearty thanks for it.  It is very kind of you that you were thinking so of your waiter in Nuremberg.

At present there are four trials in the court of Justice.  …

I hope that you will come again one day.

Please give my compliments to your son and your niece (secretary).

With best compliments to you and your family, I remain Dear Sir,

Yours faithfully

/s/ J.L. Ullrich

In 1950, Justice Jackson sent Mr. Ullrich a Christmas card and gifts—perhaps another C.A.R.E. package.

In early January 1951, Jackson followed up with a letter—perhaps to check if the first mailing had arrived.

In February 1951, Joseph Ullrich sent back another typed letter to Justice Jackson:

            I gladly received your X-mas—card as well as the letter of Jan. 9th.

            A big surprise was the Christmas-box, arriving in January.  It meant much gladness to me and I wish to express to you, dear Mr. Robert H. Jackson, my most heartfelt thanks for it.

            For the future I take the liberty to wish you happiness, success and good health[.]

                                    most sincerely

                                    /s/ J.L. Ullrich

*          *          *

In this season, I wish you happy holidays, Merry Christmas, success, and good health.

And I wish you good care—I hope that you get lots of it, and that you give it, with thanks, for as long as you can, to many others in your life.

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This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

William P. Barr & Robert S. Mueller, Working Together in the Department of Justice, 1989-1993

(Also on Twitter–)

1/ Short thread: William P. #Barr has a history of working closely with Robert #Mueller in @TheJusticeDept. I think that their #DOJ association is a good basis to presume that Barr thinks highly of Mueller as a law enforcement professional & as a person.

2/ In the #Bush41 administration, beginning in 1989, Barr & Mueller worked under AG Dick #Thornburgh. Mueller was Thornburgh’s principal aide on criminal matters. Barr was Assistant AG heading the Office of Legal Counsel (OLC).

3/ In 1990, the Deputy Attorney General (Donald B. Ayer) resigned. President Bush appointed Barr to succeed Ayer as DAG.

4/ In that same time period, Asst. AG Edward S.G. Dennis, head of the Criminal Division, also resigned.

5/ President Bush appointed Mueller to succeed Dennis as AAG heading the Criminal Division.

6/ When AG Thornburgh resigned in 1991 to run for the U.S. Senate, Barr became Acting AG. President Bush soon appointed Barr to succeed Thornburgh as AG.

7/ AG Barr & AAG Mueller served together in DOJ until the Bush administration concluded in January 1993.

Michael Cohen’s Upcoming Federal Sentencing & James McCord’s Role in Watergate

(Also on Twitter, slightly edited–)

1/ On Michael Cohen’s upcoming federal sentencing & James McCord’s role in #Watergate—

2/ #MichaelCohen, President Trump’s former lawyer, pleaded guilty in August to eight federal crimes, two related to Trump’s campaign finances & six related to Cohen’s personal finances.

3/ In pleading guilty to the campaign finance crimes, Cohen implicated President Trump in hush money payments to two women in 2016.  Cohen & Trump worked together during his presidential campaign, Cohen told the Court, to conceal affairs that the women had with Trump.

4/ Cohen also pleaded guilty last week to an additional federal crime: making false statements to the U.S. Senate about Trump’s secret efforts during his presidential campaign to make a real estate deal with the Russian government.

5/ Cohen’s Aug. 2018 guilty plea was negotiated with the U.S. Attorney’s Office for the Southern District of New York.  His Nov. 2018 guilty plea was negotiated with the Office of Special Counsel Robert #Mueller.

6/ Cohen reportedly concluded earlier this year “that his life has been utterly destroyed by his relationship with Mr. Trump and his own actions, and [that] to begin anew he needed to speed up the legal process by quickly confessing his crimes and serving any sentence he receives…”  https://www.nytimes.com/2018/12/03/nyregion/michael-cohen-trump-strategy.html

7/ Cohen thus decided to plead guilty without having a deal with prosecutors requiring him to cooperate in continuing investigations & possible future trials & then to seek credit in sentencing for that cooperation.

8/ Cohen has, however, cooperated actively with federal law enforcement & with state law enforcement, & he has pledged to continue to do so.

9/ Cohen is scheduled to be sentenced on this Friday, Dec. 7, in the SDNY by U.S. District Judge William H. Pauley, III.  Cohen’s attorneys have detailed to the Court his cooperation & asked that he be sentenced to probation.

10/ President Trump has tweeted that Cohen “should … serve a full and complete sentence.”  https://twitter.com/realDonaldTrump/status/1069614615510859776

11/ Mueller’s office agreed with Cohen to inform the Court of his cooperation.  It is expected to do so soon.

12/ The #Watergate comparison:  Cohen’s role in the investigations of possible crimes involving President Trump & others close to him in business, in his presidential campaign, & in his administration, resembles the role that James W. #McCord, Jr., played in Watergate.

13/ McCord, formerly an FBI agent & then a CIA officer, worked in 1972 as a bodyguard & a security coordinator at the Committee to Reelect the President (CREEP) [#Nixon].

14/ On June 17, 1972, McCord was one of five burglars arrested in Democratic National Committee offices in the Watergate hotel & office complex in Washington, D.C.

15/ The U.S. Department of Justice—the U.S. Attorney’s Office in D.C.—investigated.  It persuaded a federal grand jury to indict McCord, his fellow Watergate arrestees, & two others to whom they were connected.

16/ Judge John J. #Sirica, Chief Judge of the U.S. District Court for the District of Columbia, tried the case.

17/ Early in the trial, five of the defendants—a former White House employee named E. Howard Hunt & the four other burglars who had been arrested at the Watergate with McCord—pleaded guilty.

18/ The trial of McCord & his remaining defendant, CREEP general counsel G. Gordon Liddy, went forward.  The jury convicted each man on every charge.

19/ Chief Judge Sirica, skeptical that all the facts had been brought out at the trial, then prepared to sentence the seven men.

20/ On Tuesday, March 20, 1973, three days before the scheduled sentencing, Judge Sirica was shocked to find McCord in the reception area of the judge’s chambers, talking to one of his law clerks.

21/ McCord was there to deliver a letter.  It turned out to be one of the most consequential letters in U.S. history.

22/ After taking appropriate precautions, Judge Sirica, before witnesses, opened McCord’s letter.  As he read it, he began to think, according to his memoir, “This is it, this is it, this is the break I’ve been hoping for.”  http://watergate.info/1973/03/19/mccord-letter-to-judge-sirica.html

23/ Judge Sirica kept the letter secret from the public until McCord’s sentencing at the end of that week.  But, on that Tuesday evening, he shared & discussed it with his other law clerk.  “I’ve always told you I felt someone would talk.  This is going to break this case wide open.”

24/ On March 23, Judge Sirica read McCord’s letter in open court.  He then sentenced the convicted defendants.  He gave lengthy sentences to six & put off sentencing McCord.

25/ McCord’s letter indeed began the unraveling of Watergate.  It led to further investigations, confessions, guilty pleas, indictments, & convictions, & to a President’s resignation.

26/ McCord committed serious crimes.  Then he came forward & told truthfully to prosecutors, juries, & Congressional committees, what he had done & what he knew.

27/ This cooperation earned him judicial credit.  Chief Judge Sirica sentenced James McCord in November 1973 to one to five years in prison.  He ended up serving four months.

Jackson List: Public Life & the Pursuit of Good Information (Thanksgiving 1937)

On the evening of Wednesday, November 24, 1937, United States Assistant Attorney General Robert H. Jackson, then heading the Antitrust Division in the U.S. Department of Justice, spoke in Washington at a private gathering of young, liberal Members of Congress.  The group included Senator Sherman Minton (D.-IN), Representative Knute Hill (D.-WA), and others.

AAG Jackson spoke to these Senators and Representatives at length and powerfully.  Jackson had, by then, become a national figure.  He was a leading voice of President Roosevelt’s New Deal.  Its policies had led the U.S. economy to optimism and recovery following the worst of the Great Depression.  President Roosevelt had been reelected overwhelmingly—he won 46 of 48 States—just one year earlier.  But now the Administration, including Jackson, was contending with mixed economic conditions.  There were signs of a renewed downturn and, as a result, some public discontent.

Robert Jackson, in this speech—which it seems that he made from notes and papers that, alas, he did not preserve—criticized some businesses for thwarting further economic recovery.  Jackson recited statistics on recent business behavior.  He discussed manufacturers’ recent price increases, which had produced high profits for companies but not led them to raise their workers’ wages.  He showed the Members a chart depicting rises in prices and industrial profits.

*          *          *

The next day, Thursday, November 25, 1937, was Thanksgiving Day.  It seems that Robert Jackson and his wife Irene spent the holiday, with their daughter Mary (a senior at National Cathedral School for Girls) and maybe also with their son Bill (a Yale College freshman), at their home in Washington.

On that Thanksgiving morning, elsewhere in Washington, one of the young Congressmen who had heard Jackson speak the previous evening dictated this letter (which then got typed up, signed, and delivered to Jackson’s DOJ office, probably the next day)—

My dear Bob:

This Thanksgiving morning, before I tie into the things which are ahead for the day, I want to tell you how much I enjoyed and profited by your speech last night.

It was certainly an inspiration to anyone feeling his way through the maze of things as they are today.  It was informative from first to last, and the best kind of a picture I have ever seen drawn of our problems and complexities in a brief space of time.

I feel that if closer relations existed between men like you and the elected representatives of the people, we should all be a lot better off.

 With all good wishes, I am,

                                                Sincerely yours

                                                /s/ Lyndon B. Johnson

*          *          *

During the next week, Representative Johnson (D.-TX), age 29, elected to Congress in a special election the previous April, continued to think about Assistant Attorney General Jackson’s November 24 speech.  Jackson apparently did not respond promptly to Johnson’s November 25 letter.  So on Wednesday, November 30, Johnson dictated and sent a second letter to Jackson:

My dear Mr. Jackson:

The more I think of your excellent address the other evening, the more I appreciate what a wealth of material and research was in it.

I wonder if you would be so kind as to steer me a little in my efforts to educate myself more fully in the lines which you followed out.  Could you, for instance, tell me where it would be possible for me to obtain the full information concerning the increase in prices of products in the major manufacturing fields during the past few years, in their relation to increases in wages and in profits?  I was most interested in that, and related phases, of your discourse.

With all good wishes, I am,

Sincerely yours

                                 /s/ Lyndon B. Johnson

Representative Johnson—LBJ, if I may, although the fact that 1937’s Johnson would become our “LBJ” would not have been apparent then—was not alone in being interested.  Two days later, Representative Hill also wrote to Jackson:

My dear Jackson:

I was very much impressed with your talk before the Liberal bloc last Wednesday night, and particularly by the chart you presented, which showed the contrast [sic?] between the rise in prices and the rise in profits in industries.

You may recall that I asked you if it would be possible to secure a copy of this chart, which you intended to have reprinted.  I sincerely hope that this will be possible, as I am anxious to study the correlation in more detail.

                                    Sincerely yours

                                    /s/ Knute Hill

*          *          *

At the Department of Justice, Jackson’s staff moved to get him to answer the Congressmen’s queries.  Someone put a printed pink slip, reading “SPECIAL,” on Johnson’s second letter.  Jackson’s secretary Grace Stewart added a typed note:  “Is the information available?  Senator Minton also inquired.”

In mid-December, Jackson responded by dictating letters that were typed and sent back to the Congressmen.  His letter to Representative Hill, age 61 and just reelected to his third term in the House, was direct:

My dear Mr. Hill:

I have not had a chance to get the figures which I used the other night completed with sufficient accuracy so they would be suitable for being publicly used.  I understand that [Roosevelt economic adviser] Leon Henderson has some studies which are dependable, and I would suggest that you rely on his for the present.

Sincerely yours,

/s/ Robert H. Jackson

To Johnson, Jackson sent basically the same letter, calling his “figures … hastily assembled and pretty rough for public use.”

And it seems that Jackson responded to Senator Minton—who a dozen years hence would become his U.S. Supreme Court colleague—by telephone.

*          *          *

As Thanksgiving Day dawns tomorrow, I hope that you wake up thinking of important topics and great people, and that you can make contact with them and get good responses.

I hope that you will “tie into” many good things throughout the day and always.

I hope that your representatives in government pursue good information diligently.

And I thank you for your interest in the Jackson List.

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This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

Mets & Management

I write from New York Mets Country—I work in Queens, just a few miles from Shea Stadium Citi Field, surrounded by many great people who are Mets fans.  (And I write from the baseball offseason—painful.)

The Mets have a new general manager, Brodie Van Wagenen.  He is a former sports agent, including for some players whom the Mets, so now he, employs.

It’s odd that he has no experience in the management of a baseball club.

It’s also problematic that he has real conflicts of interest, between his loyalties to players he represented in the past and his job now to boss them.

Van Wagenen could turn out to be great.  But I’m doubtful.  I base this on the above, and on his goofy statements—yes, things he said; how he speaks about what he thinks—at his October 30 introductory press conference.  These included:

“All I can go off of is what my experience has been and try to surround myself with people that fill in the gaps that I lack.”

“I hope to have an existing group of people that are here, and I hope to build around them, regardless of what the titles are.”

“I want [the Wilpon family, which owns the Mets,] to be involved. The truth of the matter is, if they’re not, that’s bad ownership.”

Yes, I know—former New York Yankees star, then Mets player and then Mets manager Yogi Berra also had an amusing way with words…  But Yogi was a field manager, not a general manager.  He knew, to put it mildly, everything that his job required.

Being General Manager is not only about knowing the game.  GM is a major business leadership position.  To be effective, a business leader needs to be, and to show it by sounding, sharp.  At least so far, Van Wagenen hasn’t shown it.

Oh, and one more strike against Van Wagenen as general manager—it was Jeff Wilpon’s idea.  The New York Times reports that Wilpon, the Mets co-owner and chief operating officer, is Van Wagenen’s friend.

It was Wilpon—part of what New York sports fans all know to be the Mets, well, to borrow a phrase, “bad ownership” [So maybe Van Wagenen does speak well, and slyly?]—who first suggested to Van Wagenen that he should apply for the general manager position.

Van Wagenen was reluctant (good first instinct), but in the end he applied.  Wilpon then hired the candidate he had recruited.

* **

Pitchers and catchers report to spring training in just a few months.

And someday, Mets fans,…

Jackson List: Video of Barnette 75th anniversary symposium, Florida International University

I had the opportunity to participate last Friday in an excellent symposium, “Barnette at 75: The Past, Present, and Future of the ‘Fixed Star in Our Constitutional Constellation,’” at Florida International University College of Law in Miami.

The symposium considered, from many angles, the United States Supreme Court’s 1943 decision, West Virginia State Board of Education v. Barnette, including its historical context, meanings, flaws, and legacies.

In Barnette, the Supreme Court invalidated a state requirement that public school teachers and students participate in a salute to the American flag and recitation of the Pledge of Allegiance.  The Court held, 6-3, that these requirements violated the constitutional rights of Jehovah’s Witnesses schoolchildren.  In his opinion for the Court, Justice Robert H. Jackson wrote that “[i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”

Video of the symposium proceedings is online here:

https://lawmediasite.fiu.edu/Mediasite/Play/27a74d007718451491014865286f52e21d.

To view any (or every) speaker, here are the respective video time-counter readings:

0:20:26

Welcome and Introduction, Prof. Howard Wasserman, Faculty Symposium Organizer

0:25:00

Welcome remarks, Dean Antony Page, Florida International University College of Law

First Panel: Barnette in Historical Context

0:32:13

Ronald K. L. Collins, Harold S. Shefelman Scholar, University of Washington School of Law

  • Thoughts on Hayden C. Covington and the Paucity of Litigation Scholarship

0:57:07

John Inazu, Sally D. Danforth Distinguished Professor of Law & Religion, Washington University School of Law

  • Barnette and the Four Freedoms

1:13:20

Genevieve Lakier, Professor of Law, University of Chicago School of Law

  • Barnette, Compelled Speech, and the Regulatory State

1:32:00

Brad Snyder, Professor of Law, Georgetown University Law Center

  • Frankfurter and the Flag Salute Cases

Second Panel: Reading Barnette

2:39:15

Aaron Saiger, Professor of Law, Fordham University School of Law

  • The Pedagogy of Barnette

3:00:49

Steven Smith, Warren Distinguished Professor of Law, University of San Diego School of Law

  • “Fixed Star” or “Twin Star”? The Ambiguity of Barnette

3:20:58

Paul Horwitz, Gordon Rosen Professor of Law, University of Alabama School of Law

  • Barnette: A Close Reading (for Vince Blasi)

Keynote Address

4:31:55

John Q. Barrett, Professor of Law, St. John’s University School of Law

  • Justice Jackson & Jehovah’s Witnesses: Barnette in its Context, and in Jackson’s Life and Work

Third Panel:  Barnette in Modern Context

5:30:05

Erica Goldberg, Professor of Law, University of Dayton School of Law

  • “Good Orthodoxy” and the Legacy of Barnette

5:52:12

Abner S. Greene, Leonard F. Manning Professor of Law, Fordham University School of Law

  • Barnette and Masterpiece Cakeshop: Some Unanswered Questions

6:12:19

Leslie Kendrick, Vice Dean and David H. Ibbeken ’71 Research Professor of Law, University of Virginia School of Law

  • A Fixed Star in New Skies: The Evolution of Barnette

 

Articles based on these lectures will be published in a symposium issue of the FIU Law Review.

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This post was emailed to the Jackson List, a private but entirely non-selective email list that reaches many thousands of subscribers around the world. I write to it periodically about Justice Robert H. Jackson, the Supreme Court, Nuremberg and related topics. The Jackson List archive site is http://thejacksonlist.com/.  To subscribe, email me at barrettj@stjohns.edu. Thank you for your interest, and for spreading the word.

“Behind Enemy Lines”

This post is not about the 2001 feature film of that name.  That film is a family holiday classic … if you happen to be a person who was wandering around Times Square at Christmastime ’01 and picked a film for the family to see without being entirely attentive to your younger child’s sensibilities.  But I digress.

I’m ambivalent about football, because of what we now understand well about the brain injuries it causes.  And I’m a hypocrite who roots intensely for – indeed I co-own – the Green Bay Packers.

Thus the point:  I read recently a Princeton University obituary of alumnus Jonathan G. Bunge ‘58.  He was an Illinois lawyer whose life had many great components.

Read it here – you’ll see the particular greatness that caught my eye.