Tag Archives: Robert H. Jackson

Jackson List: Nuremberg & Eichmann

By the time Nazi Germany surrendered unconditionally in May 1945, the victorious Allied nations had been committed officially, for more than two years, to hold defeated Nazi leaders accountable for their war-making aggression and related international crimes.  President Truman had, a few weeks earlier, recruited U.S. Supreme Court Justice Robert H. Jackson to head the U.S. effort and he had begun to organize his staff and plans.  The United Kingdom, the U.S.S.R., and France were commencing parallel efforts.  The Allies soon would begin to negotiate and plan together.  Their occupation armies captured Nazis and voluminous documentary evidence.  The Allies soon began to name Nazi perpetrators who were potential defendants in what would become, starting in November at Nuremberg, the world’s first international criminal trial.

Adolf Eichmann was not one of those names.  We know now through detailed evidence, especially from Israel’s 1961 prosecution and conviction of Eichmann, that he was a Nazi Schutzstaffel (SS) officer who played a pivotal role in the deportations and murders of Europe’s Jews.  Eichmann, as director from 1941 forward of the Reich Main Security Office’s Jewish Affairs section (IVb4), accomplished the deportation of over 1.5 million Jews from all over Europe to extermination camps and killing sites in Nazi-occupied lands to the east.

In Spring 1945, Eichmann was not well known, much less a target of high interest, to would-be Allied prosecutors.  In early June, for example, the War Crimes Office in the U.S. Army Judge Advocate General Corps circulated to Jackson’s staff an intelligence report, “Biographies of Certain Potential War Criminals.”  This document, more than thirty pages in length, described dozens of prominent, legally culpable Nazis—and it did not mention Eichmann.  The Office of Strategic Services, the U.S. intelligence agency that by then was working very closely with Jackson, also was highlighting potential defendants, but most were familiar names from wartime press reporting, and none was Eichmann.

Eichmann’s name, and early comprehension of his criminally culpable conduct, did begin to surface that summer.  In July, Jacob Robinson, director of the World Jewish Congress’s Institute of Jewish Affairs, a lawyer and an important adviser to Justice Jackson, wrote to him, concerned about lists, which Robinson had seen in newspapers, of prospective defendants.  Robinson expressed his “great disappointment not to find in these lists the name of a man who is probably more directly responsible for the destruction of the Jews than any single Nazi”:  Eichmann.  (Click here to see Robinson’s carbon copy of this letter.)

In early August 1945, the War Department in Washington sent to Jackson’s staff in London a message identifying Eichmann as the Nazi section leader with “primary responsibility for the extermination and transportation of Jews,” and then a dossier with detailed information.

But Eichmann was not known then to be an Allied prisoner or even suspected to be living.  In late August, the Allies thus named dozens of their prisoners who would be prosecuted.  In October, they were charged.  In November, their trial commenced at Nuremberg before the International Military Tribunal.  Eichmann was not one of the Nuremberg defendants.

At Nuremberg, in both the 1945-1946 international trial and in the twelve subsequent U.S. trials, the prosecutors presented considerable evidence of Nazi planning and implementation of what we today know as the Holocaust.  Much of that evidence, both documents and witnesses, named Adolf Eichmann and explained his role.  But witnesses—his former Nazi colleagues—also testified that he had committed suicide at the end of the War.

The world did not learn otherwise until May 23, 1960, when Israeli Prime Minister David Ben-Gurion made this brief announcement to the Knesset:

A short time ago, one of the greatest of Nazi war criminals, Adolf Eichmann, who was responsible, together with the Nazi leaders, for what they called the “Final solution of the Jewish question”—that is, the extermination of 6,000,000 Jews of Europe—was found by the Israel security services. Adolf Eichmann is already under arrest in Israel, and will shortly be placed on trial in Israel under terms of the law for the trial of Nazis and their collaborators.

(It soon became known, of course, that Israeli agents had “found” Eichmann in Argentina and transported him forcibly to Israel.)

Eichmann’s 1961 trial in Jerusalem, televised to the world, included significant evidence from the Nuremberg trial record.

Veterans of Nuremberg trials were involved at the Eichmann trial as witnesses and advisors, and others were present as observers and commentators.

Jacob Robinson, formerly Jackson’s Nuremberg advisor, was involved as an assistant prosecutor of Eichmann.

Adolph Eichmann was found guilty of crimes against the Jewish people, crimes against humanity, war crimes, and membership in a hostile organization.  He was sentenced to death.  In 1962, he was hanged.

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For those in New York City or inclined to visit, I strongly recommend seeing the powerful exhibition on Eichmann’s conduct, capture, and case, “Operation Finale,” that now is on display at the Museum of Jewish Heritage:

Operation Finale: The Capture & Trial of Adolf Eichmann

I also had the great privilege recently, in connection with the International March of the Living, to interview retired Israeli Supreme Court justice Gabriel Bach.  In 1961, Gabriel Bach was deputy prosecutor of Eichmann.  Today, Justice Bach is the last surviving Eichmann prosecutor—and a powerful speaker, and a great hero.  To watch the interview:

Prosecuting Eichmann: An Interview with Israeli Supreme Court Justice Gabriel Bach

Finally, on October 19th I will be lecturing at the Museum of Jewish Heritage in Manhattan on “From Nuremberg to Eichmann,” expanding on some of the information contained in this Jackson List post.  Please attend if you are interested.  For information and to order tickets:

From Nuremberg to Eichmann

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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: Video of Jackson Center conference on Immigration, June 23, 2017

On June 23, 2017, the Robert H. Jackson Center in Jamestown, New York, hosted a conference, “How ‘Far Gone’ Are We Now?:  Immigration, Security & American Values, from Justice Jackson’s Time to Our Own.”

The conference title asked a timely question.  It incorporates a phrase from this concluding passage of Justice Jackson’s dissenting opinion in Shaughnessy, District Director of Immigration & Naturalization v. United States ex rel. Ignatz Mezei, a 1953 U.S. Supreme Court decision upholding as constitutional the broad statutory powers of the government to deport a non-citizen:

“Congress has ample power to determine whom we will admit to our shores and by what means it will effectuate its exclusion policy. The only limitation is that it may not do so by authorizing United States officers to take without due process of law the life, the liberty or the property of an alien who has come within our jurisdiction; and that means he must meet a fair hearing with fair notice of the charges.  It is inconceivable to me that this measure of simple justice and fair dealing would menace the security of this country. No one can make me believe that we are that far gone.”

The conference video now is posted on YouTube, in the following segments–

Three morning session lectures:

John Q. Barrett delivering the inaugural Alan Y. Cole Memorial Lecture, “Robert H. Jackson on Immigrants, Citizens, Power & Liberty”

Lucas Guttentag, Professor of the Practice of Law, Stanford Law School, and Distinguished Senior Fellow & Lecturer, Yale Law School, and former Senior Counselor to the Secretary, U.S. Department of Homeland Security, and founder and former director ACLU Immigrants’ Rights Project, lecturing on “Sweeping Power & Shallow Rights: A Historical Perspective on Immigration Regulation and Constitutional Protections”

Rick Su, Professor of Law, University at Buffalo School of Law, lecturing on “Sanctuary or Force Multiplier?: Local Involvement in Federal Immigration Enforcement”

The lunchtime Keynote lecture:

Theodore M. Shaw, Julius L. Chambers Distinguished Professor of Law & Director of the Center for Civil Rights, University of North Carolina School of Law, and former Director-Counsel & President of the NAACP Legal Defense and Educational Fund, Inc., lecturing on “Uncharted Territory: The Existential Threat to the American Republic”

Two afternoon session lectures:

Joyce White Vance, Distinguished Visiting Professor of Law, University of Alabama School of Law, and former United States Attorney, Northern District of Alabama (2009-2017), delivering a lecture, “The Role of the Prosecutor in Protecting Civil Rights & Keeping Communities Safe”

Margo Schlanger, Henry M. Butzel Professor of Law, University of Michigan, and former U.S. Department of Homeland Security Officer for Civil Rights and Civil Liberties, lecturing on “Civil Rights at the Border: National Security, Border Screening, & the Muslim Ban”

In addition, the entire morning session (welcoming remarks from Susan Moran Murphy, Jackson Center president & CEO; lectures by John Barrett, Lucas Guttentag, and Rick Su; audience-speaker Q&A; and me adjourning the session) is here:

And the entire afternoon session (introductions; lectures by Joyce White Vance and Margo Schlanger; audience-speaker Q&A; and concluding remarks) is here:

Please view these important, expert, challenging discussions on topics that matter to each of us, and please share this information and these links widely.

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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: Judge Jon O. Newman’s Jackson Lecture, Chautauqua Institution, August 16th

I am very pleased to report that the Honorable Jon O. Newman, United States Circuit Judge, U.S. Court of Appeals for the Second Circuit, will deliver Chautauqua Institution’s 13th annual Robert H. Jackson Lecture on the Supreme Court of the United States, on Wednesday, August 16, 2017, at 4:00 p.m. in Chautauqua’s Hall of Philosophy.

Judge Newman is a giant of the U.S. judiciary.  In 1971, President Nixon appointed Jon Newman to serve as a U.S. District Judge in the District of Connecticut.  In 1979, President Carter elevated Judge Newman to the U.S. Court of Appeals, where he has served since then, including as Chief Judge from 1993-1997.  At the U.S. Supreme Court earlier this year, Judge Newman received for lifetime judicial achievement the very prestigious Devitt Award.

Judge Newman also had many accomplishments before his judicial career, including:  graduate of Princeton University and Yale Law School; a veteran of the U.S. Army Reserve; law clerk to Judge George Washington of the U.S. Court of Appeals for the D.C. Circuit; law clerk to Chief Justice Earl Warren at the Supreme Court; aide to Abraham Ribicoff as Governor of Connecticut, Secretary of Health, Education & Welfare, and U.S. Senator; attorney in private practice in Hartford; and U.S. Attorney for the District of Connecticut.

Judge Newman’s lecture title will be, “The Supreme Court—Then and Now.”

Chautauqua Institution is a special venue of arts, education, and recreation in western New York State.  Chautauqua was a very significant part of Robert H. Jackson’s life, his broad and self-directed education, his public speaking training and experiences, and his thinking.  (For an earlier Jackson List post on Chautauqua Institution, click here.)

The Jackson Lecture at Chautauqua Institution is a leading annual consideration of the Supreme Court of the United States, on which Justice Robert H. Jackson served from 1941-1954, in the weeks following the completion of the Supreme Court’s annual Term.  Chautauqua’s Jackson Lecturers have been:

  • 2005:  Geoffrey R. Stone, University of Chicago professor;
  • 2006:  Linda Greenhouse, New York Times writer and Yale Law School professor;
  • 2007:  Seth P. Waxman, WilmerHale partner and former Solicitor General of the United States;
  • 2008:  Jeffrey Toobin, staff writer at The New Yorker and CNN senior legal analyst;
  • 2009:  Paul D. Clement, Bancroft PLLC partner and former Solicitor General of the United States;
  • 2010:  Jeff Shesol, historian, communications strategist, and former White House speechwriter;
  • 2011:  Dahlia Lithwick, senior editor at Slate;
  • 2012:  Pamela Karlan, Stanford University professor;
  • 2013:  Charles Fried, Harvard University professor and former Solicitor General of the United States;
  • 2014:  Akhil Reed Amar, Yale University professor (click here for video);
  • 2015:  Laurence H. Tribe, Harvard University professor (click here for video); and
  • 2016:  Tracey L. Meares, Yale University professor (click here for video).

For further information on Judge Newman’s upcoming lecture, click here.

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Judge Newman’s Jackson Lecture will culminate, at Chautauqua Institution this summer, extensive, expert consideration of the U.S. Supreme Court.

During Chautauqua’s Week Five (July 24-28), the Amphitheater lecture theme will be “The Supreme Court: At a Tipping Point?”  The 10:45 a.m. lecturers will be:

  • July 24:  Linda Greenhouse;
  • July 25:  Annette Gordon-Reed;
  • July 26:  Jeffrey Rosen;
  • July 27:  Akhil Reed Amar; and
  • July 28:  Theodore B. Olson.

The afternoon programs that week will feature the following lecturers, focusing on judicial lives and biography:

  • July 24:  Linda Greenhouse, on Chief Justice Warren E. Burger;
  • July 25:  Annette Gordon-Reed & Peter Onuf, on Chief Justice John Marshall;
  • July 26:  Jeffrey Rosen, on Justice Louis D. Brandeis; and
  • July 28:  John Q. Barrett, on Justice Robert H. Jackson & His Brethren.

For further information on all of this programming, to buy tickets, etc., please visit Chautauqua Institution’s website (click here).

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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: Supreme Court “Opinion Dumping,” 1950 & Today

On Monday, June 5, 1950, the last day of its 1949-50 term, the Supreme Court of the United States announced its judgments and released written opinions in seventeen cases.  The Court then began its summer recess.  The public, beginning with the daily press, struggled to read and absorb such a quantity of Court decisions.

A week later, the Washington Post editorialized against what it called the Supreme Court’s end-of-term practice of “Judicial Dumping”:

Our courts have been notoriously backward in their public relations, and in none of them is this failing more conspicuous than in the Supreme Court of the United States.  Last week, for example, that high tribunal dumped 18 [sic] opinions into the lap of bewildered newspaper and radio reporters.  Some of these opinions were of great importance….  It was utterly impossible for the newsmen to read and digest so many opinions in so few hours, and if they could have done so most newspapers would have had great difficulty in giving adequate coverage to so large an output.

Such a heavy accumulation of cases usually occurs only at the end of the term.  But that is serious enough, for the justices have a habit of putting off until the last opinion day some of the most troublesome and important cases.  The result is that some momentous decisions go almost unnoticed by the public.  Perhaps it is of no concern to the court whether its output is properly communicated to the people.  Yet we do not see how any body in a democratic land could take such an attitude, and this seems to apply especially to the Supreme Court, which, lacking both purse and sword, is dependent upon the acceptance of its rulings by public opinion.

Even at the cost of some inconvenience to itself, we should think the court would abandon its dumping practice and regulate the flow of its opinions to the public more evenly.  It is difficult to see how any harm could be done by such a policy, and it would certainly facilitate understanding of the court and its opinions on the part of the public.

When the next Supreme Court term began in October 1950, the Post continued to make this argument.  Chalmers M. Roberts, a legendary Post reporter, privately surveyed his Supreme Court press corps colleagues and then reported their unanimous view that the Court should assist press and public understanding by “spreading the opinions over the entire week instead of dumping them all on Monday.”

The Supreme Court has, over time, to some degree, listened.  It now hands down decisions on multiple days of some weeks, especially toward the end of its term.  In the current month, for example, as this Court term headed to its end, the Justices announced decisions on six separate days, including three days last week.

But some Court work, like all human work, gets done against a final deadline, even if it is one that is self-imposed.  Each Court term will have a final “opinion day.”  And sometimes, such as today, it will be a Monday.

The Supreme Court today completed its scheduled work for the 2016-17 term.  It announced judgments and released opinions in three cases that had been argued in April.  It also vacated the lower court judgment in another case and sent it back for reconsideration in light of a major Court decision (Ziglar v. Abbasi—see below) that was announced last week.  The Court put two other cases, in which it had heard oral arguments last winter as an eight-justice Court, before Justice Gorsuch’s appointment, over for reargument next Fall.  And in two cases challenging President Trump’s “travel ban” executive order, the Court granted in part and denied in part the President’s request to stay lower court orders enjoining the executive order, and it ordered the parties to file briefs on a schedule that will permit the Court to hear oral arguments in the cases next October.

That is—today’s decisions are—a lot to digest.  As the justices prepare to relax, work on cases ahead, travel, and teach during their summer recess, the rest of us will work to catch up.  (For the decisions of the just-completed term, click here, and for orders, including some accompanied by opinions, click here.)

The Supreme Court’s latest decisions include many of legal significance and general public interest.  For students of Justice Robert H. Jackson’s career, one recent decision to note is Ziglar v. Abbasi (click here), where the Court, by a vote of 4-2, dismissed claims against federal officials who were accused of responsibility for the severe mistreatment of Middle Eastern men who were in the U.S. illegally at the time of the 9/11 attacks and were detained for immigration violations.  In his Ziglar v. Abbasi dissenting opinion, Justice Stephen Breyer, joined by Justice Ruth Bader Ginsburg, quoted two of Justice Jackson’s most striking and enduring metaphors, and cautions:  that the Constitution should not be misinterpreted as a “suicide pact” (from Jackson’s dissenting opinion in Terminiello v. United States (1949)), and that mistakenly broad views of executive power under the Constitution can lie about “like a loaded weapon”…. (from Jackson’s dissent in Korematsu v. United States (1944)).

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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:  Commencement, and Cowslip, Season

For the Jackson List:

Robert H. Jackson’s deep ties to Jamestown, New York, the city he came to call his adult hometown, began in 1909.  That June, Jackson, age seventeen, graduated as valedictorian from the high school in Frewsburg, New York.  He lived—he had grown up—in that small, rural hamlet with his parents and two younger sisters.  Frewsburg is located six miles southeast of Jamestown, and it drew Jackson to its opportunities.

In Fall 1909, Robert Jackson began to commute from Frewsburg to Jamestown by streetcar.  He enrolled as a post-graduate student at Jamestown High School—it was, for him, a second senior year of high school.  At JHS, Jackson found some very strong and special teachers (who of course deserve credit for finding him).  They took deep interests in cultivating his talents and, in effect, devising tutorial programs for his special studies in literature, history, and economics.

One of Jackson’s two crucial, life-launching teachers at Jamestown High School was Miss Mary R. Willard, age 53, who taught English.  She lived near the school with her sister Miss Vesta Willard, age 47, who was a teacher at the elementary school.

Robert Jackson soon became the Willard sisters’ shared protégé.  He became, after school and often long into the evening, a member of their literary reading groups, their music listening groups, and their discussions with each other and many friends in the community.  He became a colleague in their environmental activism, including their fundraising to acquire for Jamestown, as a public preserve, a wild and beautiful “100 Acre Lot” on the edge of town.  In time, Robert became a regular dinner guest and sometimes an overnight guest in the Willard home, which the sisters nicknamed “Bohemia.”  To Jackson, then and for the rest of their lives, the Willard sisters were family—in effect, they were his second and third mothers.

Following Jackson’s June 1910 graduation from Jamestown High School, he did not go to college.  Instead, he stayed in Jamestown and became an apprentice to two very talented lawyers, Frank H. Mott and Benjamin S. Dean, who also were politically active, and literary, and friends of the Willards and other Jamestown leaders.

In Fall 1911, following Jackson’s year as a law office apprentice, these mentors persuaded him to go to a law school for a year of classroom learning and book study.  He chose Albany Law School because it was located in the New York State capital, because it was a leading and venerable independent law school, because it awarded law degrees after only two years of study, and because it would give him credit for his apprentice year—it admitted Jackson as, in effect, a transfer student into the “senior” class of 1912.

At Albany Law School during 1911-1912, Jackson worked hard and excelled.  By springtime, he wrote to the Willards, on the opposite side of New York State, that he soon would be graduating, and then returning to Jamestown for another year of apprenticeship, until he turned twenty-one and would become eligible to take the New York bar examination.

Vesta Willard responded by sending Jackson a notecard printed with a poem:

Congratulations

The world and I to you extend

Heartfelt Congratulations

May fortune’s favors have no end

Exceeding all your expectations

 

On the other side of the card, Vesta penned this note:

Tuesday Morning, May 7 [1912]

Dearest Bobbie – So you’re going to GRADUATE!  (See other side)

Probably you’ll see Bohemia in about a

month and then we’ll have a “Halleluyah Windup”

which will be merely the beginning of things.

Harry [a friend] and I “did” the hundred acre lot last

Saturday afternoon, and brought home all the

flowers we could carry, and incidentally, a

basket of cowslip greens.  These we immediately

“looked over” and cooked for supper.  Marywog [Mary Willard] was

too tired to go with us but she enjoyed the greens.

[Another friend] made us a visit Sunday night, but

he came too late (8:45) to catch Marywog.  She had

“turned in.”  So it was “up to me” until 11 P.M.

I rose to the occasion and listened attentively and

with a most misleading show of interest.

I’m “holding down” the [school] Study Hall just now but they [the students] are

“under control” and I wish this card was longer—I feel talkative.

The fifth chicken on the Easter card [apparently a previous mailing]

is merely the shadow of the Good Times coming.

Do try to be good —  Yours – V.W.

So what are cowslip greens?  As Vesta Willard knew, they were one of Robert Jackson’s very favorite foods.  Cowslip, or Primula Veris (“truly spring”), is an herb.  It is used for healing and cooking.  It usually grows, as its Latin name suggests, in the springtime, blooming from April to June.  Cowslip is native to Europe and Asia but in the United States it grows wild in fields and meadows.  Cowslip flower petals are used in pudding, creams, tea, jam, and wine.  The Willards seem to have liked cooked—I assume boiled—cowslip leaves as a supper vegetable.  Fresh, young cowslip leaves, which have a sweet but bland taste, also can be eaten as a green, or in salads, or—Jackson’s preference—in sandwiches.

In this season of commencements, I hope that you and yours have chances to celebrate the academic accomplishments of people you’ve raised or taught or otherwise love, and to find and eat some favorite foods, and then to keep on celebrating.  Indeed, if it’s your style, have a great “Halleluyah Windup”!

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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: Lawful, Political, Deplorable Senatorial Behavior (1954)

This post, edited a little bit and enhanced with footnotes and photographs of John M. Harlan and the Supreme Court in 1955, now is on the Jackson List archive site in PDF file form.

Jackson List: Inaugurations and Change (1949 & 1953)

On the morning of January 20, 1949, Justice Robert H. Jackson and his wife Irene drove in to Washington from their Hickory Hill home in McLean, Virginia.

At the Supreme Court building, they met their friends Floyd Odlum and Jacqueline Cochran (a businessman and a famous aviatrix and businesswoman, respectively), who were visiting from California.  Later, they crossed First Street, Northeast, to the U.S. Capitol.  They sat – separately, Jackson with fellow justices, Irene with Floyd and Jackie – in V.I.P. seats and watched the inauguration of President Harry S. Truman.  Justice Jackson wore a small black cap, custom-made, from Livingston’s, a store in downtown Washington.

In Chicago, a young woman named Betty Stevens was one of many who watched the 1949 presidential inauguration ceremony on television.  She was especially pleased to see two Supreme Court justices, Jackson and Wiley Rutledge, “walking along gaily chatting.”  Her husband, Chicago attorney John Paul Stevens, had clerked for Justice Rutledge a year earlier, and Mrs. Stevens was happy to see that he appeared to “be in excellent health and spirits.”

Nearly four years later, General (ret.) Dwight D. Eisenhower was elected to succeed President Truman.  He, a Republican, would become president after twenty years of presidents (Franklin D. Roosevelt, and then Truman) from the Democratic Party.

In late 1952, Jackie Cochran wrote to her friend Bob Jackson.  She asked if she and Floyd could be Jackson’s guests at the impending Eisenhower presidential inauguration.

Jackson, after checking, wrote back to her in late December 1952:

Dear Jackie:

I have inquired of the Marshal [of the Supreme Court] and so far as I can learn we can carry out this year the same program that we did at the last inauguration – which was that you and Floyd came to the Court and we went from here together.  I think that will work out this time, although it may be something different.  You know the slogan, “It’s time for a change,” and they do have to provide this year for two Cabinets and two sets of officers, incoming and outgoing, and two Presidents’ parties, whereas before there was only one.

The Inauguration Day, January 20, 1953, was indeed different.  On that Tuesday morning, the Supreme Court had an official session.  The justices took the bench and admitted attorneys to the Supreme Court bar.  The Court then adjourned to attend, as it had four years earlier, the inauguration as a body.

At the oath-taking ceremony, the Justices, all bare-headed, walked in procession from the Capitol rotunda to the platform, in pairs according to their seniority on the Court.  Justice Jackson walked with Justice William O. Douglas, smiling and talking.

Later that afternoon, the justices returned to the Court and reconvened briefly in official session.  They did not hear oral argument in any of the ten cases they had, the previous day, put on call for January 20th.  They sent “home” the attorneys who were assembled and prepared to argue those cases, putting them over until the next day.

It appears that Jackson was able to arrange for Floyd Odlum and Jackie Cochran to attend President Eisenhower’s 1953 inauguration.

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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:  Departed Friends, Remembered

The events of 2016 included, sadly, departures of special friends.  The five who are highlighted here were connected directly to the life, work, and major legacies of Justice Robert H. Jackson.  These people had great smarts, class, and charm.  Their lives were filled with selfless accomplishments.  Luckily, they have left us with powerful examples, including in various filmed moments.  They were:

  • Judith S. Kaye, Chief Judge of the New York Court of Appeals, Chief Judge of the State of New York, and a member of the Robert H. Jackson Center board—click here for Chief Judge Kaye, in 2001, speaking at Chautauqua Institution;
  • Bennett Boskey, a law clerk to, successively, Judge Learned Hand, Justice Stanley Reed, and Chief Justice Harlan Fiske Stone, and later a leading Washington, D.C., lawyer and legal profession giant, including in the councils of the American Law Institute—click here for Boskey, in 2006, on Stone;
  • Phil Neal, Justice Jackson’s law clerk during 1943-45 and, later, a law professor at Stanford University, law school dean at the University of Chicago, and a leading Chicago lawyer—click here for Neal, in 2002, on Jackson;
  • Gwendoline Heron Niebergall, a native of the United Kingdom, whose post-World War II work took her to Nuremberg, to service on Justice Jackson’s Office of Chief of Counsel prosecution staff there, and to, among other things, presence in the center of one of history’s famous photographs—click here for Niebergall, in 2010, on Nuremberg; and
  • Barrett Prettyman, Jr., Justice Jackson’s law clerk at the Supreme Court of the United States during 1953-54—Jackson’s final law clerk—and, later, a leading lawyer in Washington, a premier advocate before the Supreme Court, and a Jackson Center board member—click here for Prettyman, in 2012, on his heroes.

Memories of these people are treasures, for the year ahead and much, much longer.

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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: An Invitation to Join in Thanksgiving (1941)

In war-besieged London in September 1940, Harold Laski, a professor at the London School of Economics and a leading Socialist party official, thinker, and writer, penned a letter to Robert H. Jackson, Attorney General of the United States.  Laski knew Jackson through their mutual friend, U.S. Supreme Court justice Felix Frankfurter.  Laski wrote Jackson to introduce another friend, Professor Hersch Lauterpacht of the University of Cambridge:

15.ix.40

My dear Jackson,

I should like to introduce to you my

friend Professor H. Lauterpacht, the Whewell

Professor of International Law at Cambridge.

You well know of his outstanding work in

his own field.  I should like only to add

that there are few people for whom I care so

much.

I think we stand up well to our siege; and

we have complete confidence in the outcome.

Few things will help so much as a third term [for President Franklin D. Roosevelt].

                                    Yours very sincerely,

                                    Harold J. Laski

The Hon. Robert Jackson.

     Attorney-General’s Office.

          Washington. D.C.

Laski wrote his letter not to be mailed, but for Lauterpacht, who was spending Fall 1940 in the U.S., to use when he had an opportunity to introduce himself to Jackson.

That moment arrived at the end of the year.  On December 23rd, Lauterpacht, living in the Bronx, wrote to Jackson in Washington to request a meeting:

            Trinity College,

               Cambridge.

              [crossed out]

                                    5444 Arlington

                                                Avenue

                                    Riverdale on Hudson

                                         New York City

Dear Mr. Attorney-General,

I hope to be in Washington

between January 6-9, prior to my

departure for England.  If you

can spare the time, I should

very much appreciate an oppor-

tunity of calling on you

and paying my respects.

            I enclose a letter of introduction

from Professor Laski.

                                    Yours very truly,

                                    H. Lauterpacht

The Hon. Robert Jackson.

     Attorney-General’s Office.

          Washington. D.C.

Lauterpacht’s letter, with the enclosed vouching letter from Laski, worked.  Jackson wrote back promptly, telling Lauterpacht to contact Jackson’s secretary to schedule the meeting.

Robert Jackson and Hersch Lauterpacht met at the U.S. Department of Justice on January 8, 1941.  They discussed Nazi Germany’s bombing attacks on the United Kingdom, U.S. military assistance to the U.K., and domestic and international law issues.  And obviously they hit it off.

Over the next week, Lauterpacht stayed in downtown Washington and, at Jackson’s request, wrote him a thorough memorandum on international law issues.  It addressed, in twenty-one pages, what Jackson had described in their first meeting as “the philosophy, in international law, of the policy of aiding the [anti-Nazi U.S.] Allies by all means short of war.”  Lauterpacht sent the memorandum to Jackson on January 15th, and then they met the next day to discuss it.

Lauterpacht argued, then and later, that Nazi Germany’s military aggression, on the European continent and against the U.K., violated international law embodied in its own and in many nations’ treaty commitments.  These arguments fit with and advanced Jackson’s own legal thinking.  In the months ahead, Lauterpacht’s input contributed to some of Attorney General Jackson’s and then Justice Jackson’s—he joined the U.S. Supreme Court in July 1941—major public addresses attacking Nazi lawlessness.

And more than four years later, in circumstances that neither Jackson nor Lauterpacht could have envisioned when they first met in Washington, they worked together, in the U.K. and then in Nuremberg in the Allied-occupied former Germany, to hold Nazi leaders accountable for their illegal war-waging.

*          *          *

Justice Jackson and Professor Lauterpacht corresponded during the World War II years.  They also saw each other occasionally, when Lauterpacht was visiting the U.S.

One such occasion was November 19, 1941, seventy-five years ago, when Lauterpacht visited Justice Jackson at the Supreme Court.  Jackson asked Lauterpacht to stay over in Washington on that Wednesday night, and to join Jackson and his wife Irene the next day for Thanksgiving dinner at their home, Hickory Hill, in McLean, Virginia—“It will give Mrs. Jackson and me great pleasure if you will have dinner with us,” Jackson wrote when he communicated this invitation a few days beforehand, as he and Lauterpacht were finalizing their plans.

Alas, and to Lauterpacht’s regret, he could not accept this invitation.

He and Jackson did have later occasions to share meals, and to give thanks, including in Nuremberg.

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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: Voting for the Last Time (1940)

In early 1940, President Franklin D. Roosevelt was planning, at least to some degree, to return to private life after two terms in office.  Robert H. Jackson was F.D.R.’s newly-appointed United States Attorney General.  Jackson also was, according to private remarks by the President and many New Dealers, and thus according to many press reports that were trial balloons, F.D.R.’s choice to succeed him as the Democratic Party’s presidential nominee, and then in the White House.

Events took other courses.  Many, including very publicly Jackson, urged Roosevelt to seek a third term.  In springtime, Nazi Germany invaded and soon conquered the Netherlands, Belgium, Luxembourg, and France.  In late June, the Republican Party nominated businessman Wendell Willkie as its presidential candidate.  In July, the Democrats nominated, again, Roosevelt.

That fall, Attorney General Jackson took numerous short trips away from his Washington work to campaign actively—as was legally permitted then—for the President and other Democratic candidates.  In early October, for example, Jackson spoke to a large crowd in Buffalo, New York, once his home.  In this speech, Jackson decried Willkie’s phoniness, noting that “only when he talked to workmen did he find profanity and vulgarity in order,” which lost him “any opportunity he ever had to create anything like unity among the American people.”  In mid-October, Jackson gave a law and politics address in Boston.  Later that month he travelled to Jamestown, New York, his adult hometown, to speak alongside U.S. Senator Robert F. Wagner (NY) at a large Democratic Party rally.  Jackson also spoke that month in Richmond, Virginia, and a number of times from Washington on nationwide radio broadcasts.  In the first days of November, Jackson travelled back to New York State to give political speeches in Binghamton and in Yonkers.

And then, finally, it was time to vote.  On Monday, November 4, 1940, Robert and Irene Jackson travelled from Washington, where they lived in a rented Wardman Park apartment, to Jamestown, where they still owned a house and were registered to vote.  They voted in Jamestown on Tuesday, November 5, 1940—both for Roosevelt and his running mate Henry Wallace, I’m sure.

In Jamestown at that time, Democrats such as the Jacksons were a political minority and usually their candidates lost.  That was true in 1940.  Willkie carried Jamestown by over 1,500 votes, and he won all of Chautauqua County, where Jamestown is located.  Indeed, Republicans across the county won every race.

But that was not true statewide.  Although the race was tight, Roosevelt carried New York State, his home, with 50.5% of the vote.

Nationwide, the race was not so close.  F.D.R. won 54.7% of the popular vote, to Willkie’s 44.8%.  Overall, Roosevelt carried 38 of the 48 States.  He was reelected with 449 electoral votes to Willkie’s 82.

In the new year, President Roosevelt was inaugurated, beginning his unprecedented third term.

Wendell Willkie, to his great credit, went to work for President Roosevelt as an international emissary and adviser.

In July 1941, Robert Jackson also took on a new government position—he was appointed by Roosevelt and confirmed by the Senate to serve as an associate justice of the U.S. Supreme Court, and thus he resigned his position as Attorney General.

Justice Jackson of course cast many, many votes in the Supreme Court’s conference room, on cases, petitions, and other judicial matters.

But he never again entered a voting booth.  In his view, holding judicial office was a responsibility not to be involved in politics, even at the private level of voting.

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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.