Tag Archives: William J. Donovan

Jackson List: DOJ Antitrust Division Jackson-Nash Address, Sept. 20, 2018

Earlier this year, the Antitrust Division in the United States Department of Justice established the Jackson-Nash Address.

According to Assistant Attorney General Makan Delrahim, the goal of this lecture series is “to recognize the contributions of former Supreme Court Justice Robert H. Jackson and Nobel Laureate economist John Nash, and to honor the speaker, recognizing and celebrating the role of economics in the mission of the [Antitrust] Division.”

Robert H. Jackson headed the Antitrust Division during 1937.  As the Division explained when it announced this new lecture series, Jackson’s leadership set the stage for the expanded role of economics in antitrust, replacing vague legal standards with the “protection of competition” as the goal of antitrust law.  And Dr. John Nash’s research provides Antitrust Division economists with analytic tools necessary to protect competition.  In particular, Division economists commonly rely on Nash’s strategic theory of games and his axiomatic bargaining model to guide investigations and to help evaluate the effects of mergers, monopolization, and collusion.

On February 28, 2018, Dr. Alvin E. Roth, the McCaw Professor of Economics at Stanford University, delivered the inaugural Jackson-Nash lecture.  Professor Roth is the 2012 winner of the Nobel Prize in Economics for the theory of stable allocations and the practice of market design.

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I am pleased to announce here that the second Jackson-Nash program, open to the public, will occur on Thursday, September 20, 2018, at 3:00 p.m. in the Great Hall at the U.S. Department of Justice, The Robert F. Kennedy Building, 950 Pennsylvania Avenue, N.W., Washington, D.C.  The program will consist of:

  • Introductory remarks by Department of Justice leadership; 
  • my historical lecture, Competition: Robert H. Jackson as Assistant Attorney General—Antitrust (January 21, 1937–March 5, 1938); and
  • an address by Dr. George A. Akerlof, University Professor at Georgetown University.  Dr. Akerlof is the 2001 winner of the Nobel Prize in Economics for analyses of markets with asymmetric information (including his well-known article “The Market for ‘Lemons’: Quality Uncertainty and the Market Mechanism” (1970).)

A reception in the Great Hall will follow the program.

Because space is limited, anyone who is interested to attend should RSVP to ATR.AAGRSVP@USDOJ.GOVGuests should enter Main Justice at the 10th Street and Constitution Avenue entrance.

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And some Jackson history—

Robert H. Jackson became Assistant Attorney General heading the Antitrust Division at the start of President Franklin D. Roosevelt’s second term in office.  Jackson already was an Assistant Attorney General of the United States—Roosevelt had nominated him to that office and the Senate had confirmed him a year earlier, and throughout 1936 AAG Jackson headed DOJ’s Tax Division.  In January 1937, U.S. Attorney General Homer S. Cummings announced a series of personnel moves in the Department, including Jackson’s transfer to head the Antitrust Division.  (Its leader was leaving government to become a law professor.)

By January 1937, Jackson had become a nationally prominent young New Dealer.  His transfer within DOJ from Tax to Antitrust thus was news.  And that triggered a wave of congratulatory messages to him.

One telegram that was particularly meaningful to Jackson came from a friend who was, at that time, a Wall Street lawyer.  “Let me congratulate you on your opportunity for doing a fine constructive job which I know you will do,” he wrote to Jackson.  “Looking forward to seeing you.”

In that busy time, Robert Jackson happened to see the friend in person before Jackson got around to acknowledging in writing the good wishes.  But within a few weeks, Jackson wrote back to thank the friend.

They were, in their life and professional paths, fellow western New Yorkers who each had practiced law in Buffalo.  Jackson’s friend also had served in the World War—with extraordinary valor, resulting in him receiving a number of the highest U.S. military awards and becoming a national hero.

After the War, the friend served in the federal government, in Buffalo and then in Washington.  He did this ahead of Jackson—the friend was almost ten years older, and his Republican Party controlled the White House throughout the 1920s, and, yes, he was famous long before most noticed Jackson.

Jackson wrote back to his friend on February 3, 1937:

My dear Colonel Donovan, 

I am just getting to answer congratulatory messages and, in spite of the fact that a meeting with you has intervened, I want to express appreciation of your telegram. 

I take the job with no delusion about its magnitude or its difficulty at this time.  Not the least of the difficulties is that of succeeding other western New York lawyers who have handled the office with such distinction. 

With best regards and good wishes, I am 

            Sincerely yours, 

            /s/ [Robert H. Jackson]

William J. (“Wild Bill”) Donovan, as principal assistant to U.S. Attorney General John G. Sargent, had headed the Antitrust Division, among other responsibilities, from 1925 until 1929.  Donovan  later returned to government service under President Roosevelt, including, as General Donovan, to found and run the wartime Office of Strategic Services (O.S.S.).

And in May 1945, Justice Jackson, after President Truman appointed him to be the U.S. chief of counsel in the international war crimes prosecutions of surviving Nazi German leaders, recruited his old friend General Donovan to be his deputy.

During their months together in that work, which became the Nuremberg trial beginning in late 1945, Jackson and Donovan discussed many things.  One topic that was at least in the background, including as they planned and debated such things as “the Economics case” against Nazi defendants and the merits of basing criminal prosecution on documentary evidence, was their shared, formative experience of heading DOJ’s Antitrust Division.

If you are interested to walk in such footsteps, and in the kind of high ideas that motivate DOJ’s best work, please join us in the Great Hall on September 20th.

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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: James B. Donovan, Before the “Bridge of Spies”

This post now is on the Jackson List archive site in “book look” PDF file form.

19450808 RHJ JBD

Jackson List: Meeting Ike (May 1945)

In late May 1945, Justice Robert H. Jackson and his fellow justices were nearing the conclusion of their Supreme Court term.  They had finished hearing oral arguments in new cases and were writing, editing and handing down opinions.  On Monday, May 21st, for example, Jackson announced three opinions for the Court—“the last of [his] crop,” as he described it, of Court opinions for the term.

Justice Jackson at that time also was four weeks into his assignment, from President Truman, to serve as United States chief of counsel in the international trial of now-surrendered Nazis whom the Allies regarded as war criminals.  He continued to do Supreme Court work as he needed to, but since late April his “Nazi prosecutor” job was his priority and filled most of his time.

On Thursday, May 22nd, Jackson left Washington to make a preliminary survey of the situation in Europe.  He took off from Washington that afternoon and, after airplane refueling stops in Newfoundland and the Azores, he arrived in Paris just after 1:00 a.m. local time on May 24th.

General Edward C. Betts, United States Army Judge Advocate of the European theatre, met Justice Jackson at the Paris airfield.  He decided, after conferring quickly in the officers’ lounge there with Gen. Betts and other senior U.S. officials, to stay for a day or two in Paris, working on the Paris-based needs of the case before travelling to consultations in London.  The Army then drove Jackson to the Ritz, where he stayed in “a suite big enough and grand enough for a royal family” and got five or six hours of sleep.

Jackson’s May 24th day was filled with high level consultations.  He first met with Gen. Betts at his office.  His secretary, a British “Wren” (a Women’s Royal Naval Service officer), became Jackson’s, helping him make appointments.  A senior aide to General Lucius Clay, the Director of the Military Government of Germany, came from its Versailles headquarters to meet Jackson.  They went to the airport and met Jackson’s deputy, General William J. Donovan of the Office of Strategic Services.  (At the airport, Jackson also ran into and spoke briefly with his Washington friends and colleagues Harry Hopkins, Averell Harriman and Robert Lovett.)  Jackson then had a lunch meeting with Donovan and OSS staff back at the Ritz.  During the afternoon, Jackson had more meetings with Betts and others at his office.  At 4:00 p.m., Jackson met with Jefferson Caffrey, the U.S. Ambassador to France.  At 5:00, Jackson drove out to Versailles and had a long meeting with Gen. Clay.  At 7:30, Jackson returned to Paris and was introduced to U.S. Army Major Lawrence A. Coleman, a young lawyer who had been assigned to serve as Jackson’s military aide; they reviewed local messages and Washington cables for Jackson.

Following dinner at the Ritz, Jackson took a long walk with Col. John Harlan Amen of his staff.  Paris was moonlit but otherwise poorly lighted.  They saw few people out.  Burned tanks and vehicles lined roadsides.  Barbed wire and former Nazi pillboxes were everywhere.  Luxury shops appeared well-stocked.  Stores for ordinary customers seemed to have no stock.

On Friday morning, May 25th—seventy years ago yesterday—Jackson returned to Gen. Betts’s office.  He reported that the Supreme Allied Commander, General Dwight D. Eisenhower, was in Paris.  Jackson telephoned and Eisenhower invited him and Betts to meet with Eisenhower at his room at the Hotel Raphael.

Although Jackson and Eisenhower had each lived at various times in Washington, D.C.’s Wardman Park apartment building, they had never met.  At the Raphael, Eisenhower greeted Jackson cordially.  Eisenhower explained that he was there to get a day’s rest.

They discussed Jackson’s presidential assignment to prosecute war criminals.  Eisenhower said he did not support shooting anybody without a trial and hoped that trials would not take long.  Jackson explained his preliminary plan to prosecute the Gestapo as a criminal organization, and then to prosecute Gestapo members for the crime of belonging to that organization.  Eisenhower stated his support—he said he had seen so much that in his eyes “any bastard who belonged to that outfit is guilty”.

Jackson asked Eisenhower where the principal Nazi prisoners—the prospective defendants—were being held.  Betts injected that he was asking the War Department for authority to keep them in jail rather than in prisoner of war camps.  Eisenhower said not to bother Washington—simply put the suspected criminals in jail on his responsibility.

Eisenhower stated his full authorization for any war criminal trials, pledging the Army’s full cooperation.  He told Betts to get more men if they were needed.

Jackson, in a later diary note, wrote his initial impression of Eisenhower:  “He is practical, decently profane, and a most impressive leader.”